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CC 1975-02-12 Minutes
.OF • M I AM11. COMMISSIO MINUTES OF MEETING HELD ON . FEB 1 2 1975 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL HI DI SOUTHERN CITY CLERK RALPH G. ASS LSTANT CITY CLERK ITEM N1 44 ) iWrAWkO .!' "'l INDEX iSW(AETLkAgfiaRIDA SUBJECT ORDINANCE OH RESOLUTION No, 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19, 20. 21. 22. ACCEPT COMPLETED WORK - JEFFERSON HIGHWAY IMPROVEMENT H-4350 WAIVER OF 18 MONTH TIME LIMIT FOR REFILING OF PETITION N.E. CORNER OF N.W. 42ND CT., LOTS 1-6 LE JEUNE GARDEN ESTATES CONDITIONAL USE S.W. CORNER OF S.E. 4 STREET & 2 AVENUE LOTS 38/39, PORTION OF BLOCK B-FT. DALLAS PARK AMEND 6871, PROVIDE FOR CHANGES AND CORRECTIONS AND TYPOGRAPHICAL ERRORS IN TEXT OF COMPREHENSIVE ZONING ORDINANCE. AMEND CODE -SECTION 54-34.1, AUTHORIZE DIRECTOR OF DEPARTMENT OF PUBLIC WORKS TO ALLOW VARIATIONS AND DEVIATIONS OF REPAIRING/REPLACING SIDEWALKS AND/OR CURBS AND GUTTERS AND EXECUTING COVENANTS. ART IN PUBLIC BUILDINGS -AMEND ORDINANCE 8227, CHANGE TERM OF COMMITTEE FROM ONE YEAR TO TWO YEARS. APPROPRIATE ADDITIONAL $1010.00 FROM ORANGE BOWL FUND BALANCE CONSULTANT SERVICES FOR SOUND REINFORCEMENT SYSTEM IMPROVEMENTS. AMEND ORDINANCE 6871, CHANGE OF ZONING CLASSIFICATION LOTS 1, 2 & 30 THRU 40, CHARLES M. MUNDYS SUB (15-29) AMEND ORDINANCE 6871, CHANGE ZONING CLASSIFICATION TENTATIVE PLAT #918 EDISON PLAZA 5500 N.W. 2NT) AVENUE AMEND ORDINANCE 6871, CHANGE ZONING CLASSIFICATION TENTATIVE PLAT #916 PERCIVAL GARDENS ACCEPT HIGHWAY RIGHT OF WAY DEED -VANGUARD SCHOOL, SWLY 10' LOTS EIGHT AND NINE SUBDIVISION OF PART OF LOT "M" EWANTON HEIGHTS. ACCEPT TEMPORARY CONSTRUCTION GRANT, F.J. KREMSER ACCEPT HIGHWAY RIGHT OF WAY DEED SOUTH 20 FEET LOTS 9 & 10 CHARLES M. MUNDY'S SUBDIVISION. ACCEPT GRANT OF EASEMENT, LOT A, BLOCK 1, DUPONT PLAZA AMEND CITY CODE 39-6 (A) (1) REDUCING MINIMUM FEE FOR USE OF DINNER KEY AUDITORIUM CLAIM SETTLEMENT - ARMANDO GUTIERREZ CLAIM SETTLEMENT - BURRITT, SUBERS, WORLEY INC. AND KENNETH BOYD BUTTITT CLAIM SETTLEMENT - MARGARET E. LEE REQUEST CITY ATTORNEY TO PREPARE LEGISLATION PERMITTING HIM TO SETTLE CLAIMS IN AMOUNTS NOT EXCEEDING $500.00 CLAIM SETTLEMENT JOSEPH SCALCO, JR., CLAIM SETTLEMENT - AMOS RAGANS CLAIM SETTLEMENT - EUGENE J. ZEMBRUSKI R 75-104 M 75-106 M 75-307 8351 8352 8353 8354 8355 8356 8357 R 75-108 R 75-109 R 75-110 DEFERRED FIRST READING R 75-111 R 75-112 R 75-113 M 75-114 R 75-115 R 75-116 R 75-117 PAR. NO, 2 3-4 5 5-6 6 6 7 7 8 8 9 10 10 10 11 11 12 12 13 13 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. CI4SISSFIQf8F MIAMI, FNR111A CLAIM SETTLEMENT - ELIZABETH S. STEINi3ERr & JULIUS STEINBERG CLAIM SETTLEMENT — DOROTHY LEVINE AND JOSEPH LEVINE VARIANCE — UNPLATTED TRACT — 2.181 S.W. 16TH STREET AMEND ORDINANCE 6871, CHANGE ZONING_, CLASSIFICATION LOTS 5,6, 19 & 20 BLOCK 1, CHARLES H. FROW SUB (13-53) GRANT PERMISSION TO CONSTRUCT NEW TENNIS COURTS LOTS 1 THRU 6 & 19 THRU 24, BLOCK 1 3150 OAK AVENUE EXTEND CONDITIONAL USE UNPLATTED — SOUTH OF E/W EXPRESS- WAY BETWEEN 35TH AND 3/TH AVENUES TRANSFER $2,500 FROM CONTINGENCY FUND — REPLACEMENT OF SEALS, PLATES AND LETTERS IDENTIFYING THE TORCH OF FRIENDSHIP. APPROPRIATE $10,000, EXPENDITURES FOR PROGRAMS FOR HANDICAPPED. AUTHORIZE AGREEMENT AMENDMENT, UNIVERSITY OF MIAMI FOR PROFESSIONAL SUPERVISION OF CITY EMERGENCY MEDICAL PROGRAM EXTENDING TO JAN 31, 1976. TRANSFER $12,591.00 FROM CONTINGENCY FUND FOR FIRE DEPARTMENT BUDGET FUNDING CONTRACT BETWEEN CITY AND UNIVERSITY OF MIAMI SCHOOL OF MEDICINE FOR EMERGENCY MEDICAL SERVICES. AUTHORIZE AGREEMENTS FOR FOOD AND BEVERAGE CONCESSIONS — ANGEL TRETO AND IDA TRETO—WEST END PARK, ROBERT DONALD— SON — MANOR PARK. AUTHORIZE AGREEMENTS — ARTHUR BURRICHTER, SPECIALIZED TRAINING SERVICES IN THE CITY DEPARTMENT OF POLICE. LITTLE RIVER COMMERCIAL CENTER PLANNING AND ZONING STUDI PERSONAL APPEARANCE OF MR. GUY BAILEY — BALL POINT PERSONAL APPEARANCE OF MR. MARTIN FINE: (A) PROPOSED CONVENTION CENTER (B) PROPOSED AGMT WITH CENTER FOR URBAN STUDY (C) OPERATION OF CITY PARKS PERSONAL APPEARANCE OF MR. SIGMUND ZILBER, REQUEST TO ELIMINATE GEOGRAPHY TEST ON APPLICATIONS FOR CERTIFI— CATES OF PUBLIC CONVENIENCE AND NECESSITY DISCUSSION OF MIAMI YACHT CLUB LEASE AT WATSON ISLAND. PERSONAL APPEARANCE OF MS. VIRGINIA ESSEX ON STATUS OF WOMEN, APPOINTMENTS THERETO REQUEST FOR FINANCING. PERSONAL APPEARANCE OF MR, FRED HIRT, JEWISH HOME FOR THE AGED PRESENTATION OF PROGRESS REPORT ON OPERATION OF DAY CARE FOR THE ELDERLY AT LEGION PARK, SWITCH DATES OF COMMISSION MEETINGS (t- 1 LC-4 t. t-.a { i.4 ( c 4 * ,1 t I / ORDINANCE OR RESOLUTI UN R 75-118 R 75=119 MOTION FIRST REAbING R 75-121 R 75-122 13 14 14-15 16-19 20 20 R 75-123 21 FIRST READING 21 R 75-124 1 22 R 75-125 1 22 R 75-126 23 R 75-127 23 R 75-128 24-27 M 75-129 28-30 DISCUSSION 1 31-37 M 75-130 M 75-131 M 75-132 38-42 42-43 44-45 DISCUSSION 1 46-47 DISCUSSION 1 47 t J 1_ ITEM ND, 43. 44. 45. 46. 46. (A) 47. 48. 49. 50. 51. 52. 53. 54. 55. 56, 57. 58, 59, 60. CI41 IMF( �sgiaFjEaPLIiPOataa SUBJECT PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECaTION DEVELOPMENT ORDER FOR CLAUGHTON ISLAND, APPROVING WITH MODIFICATIONS DEVELOPMENT OF REGIONAL IMPACT ON THE PROPOSED DEVELOPMENT FOR UNPLATTED CLAUGHTON ISLAND. PENSION ORDINANCES - ADOPTION OF: (A) (B) DIRECTING CITY MANAGER TO SELECT A NEWSPAPER FOR THE PURPOSE OF ADVERTISING FOR THE SALE OF DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS. (C) (D) (F) (G) (H) (I) (K) DEFERRING: (J), (L), (M) AND (N). PERSONAL APPEARANCE OF MRS. GWEN CHERRY - REDEVELOPMENT OF OVENTOWN DISTRICT OF THE CITY OF MIAMI. DISCUSSION OF CITY PARTICIPATION IN MINORITY BANKS DEPOSIT PROGRAM. APPROVE TN PRINCIPLE LEASE FOR AREA UNDERNEATH N.S. EXPRESSWAY BETWEEN S.W. 7 AND S.W. 8 STREETS AND S.W.15 ROAD FOP DEVELOPMENT OF A MINI -PARK. ACCEPT GRANT OF EASEMENT LOT A, BLOCK L - DUPONT PLAZA FOR MIAMI RIVER WALKWAY. AMEND APPROPRIATIONS ORDINANCE 8316 TO PROVIDE ADDIT- IONAL APPROPRIATION OF $55,000 FOR INCREASE BENEFITS IN PENSION FUND OF RETIREES. APPOINTMENTS TO INTERNATIONAL FOLK FESTIVAL COMMITTEE APPOINGINT GERALD A. LEWIS AND THOMAS WASMUTH AS MEM- BERS OF DOWNTOWN DEVELOPMENT AUTHORITY. APPOINTMENTS TO ECOLOGY & BEAUTIFICATION COMMITTEE GRANT 50% REDUCTION IN RENT - BAYFRONT PARK AUDITORIUM DADE COUNTY MUSIC DEPARTMENT FOR MUSIC EVALUATION FESTIVALS. ISSUANCE OF MISCELLANEOUS WASTE COLLECTION LICENSES. AWARD BID - PARKS - BASEBALL BACKSTOPS 1975, AWARD BID - WAINWRIGHT PARK IMPROVEMENTS - 1975 AWARD BID - AMMUNITION FOR THE POLICE DEPARTMENT, AWARD BID - INCINERATOR ASH TRAILER. AWARD BID - MEDICAL SUPPLIES AWARD BID - HEAVY EQUIPMENT FINANCE 09 RESOLU't 1 UN NO. M 75-134 R 75-135 R 75=136 8358 8359 R 75-137 8360 8361 8362 8363 8364 8365 8366 PAGE NO, 48 49-87 (a) 88-100 92-93 DISCUSSION 100-101 DISCUSSION 101-102 R 75-138 102-103 R 75-139 103-104 FIRST READING 104 R 75-140 105 R 75-141 105 R 75-142 106 R 75-143 R 75-144 R 75-145 R 75-146 R 75-147 R 75-148 R 75-149 R 75-150 106-107 107 108 109 109 110 110 111 ITEM IC 61. 62. 62. (A) . 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. NIX isONATARIDA SU1tJECT ORDINANCE 0f RESOLUTION NO, TERMINATE CIVIL ACTION #74-4125 - PARCEL NO. 7091-2, CITY VS. PLATO COX - LATTN RIVERFRONT PARK. R 75-151' GRANT FREE USE OF PARKING LOT AT MARINE STADIUM FOR CARNIVAL SPONSORED BY ST. KIERNAN'S CATHOLIC CHURCH R 75-152 SPIRIT OF "" FLIGHT. DISCUSSION GRANT PERMISSION TO HOLD CARNIVAL ON CITY OWNED PROPERTY AT N.W. 22 AVENUE AND N.W. 11 STREET -LIONS CLUB CARNIVA1 R 75-153 APPOINTMEMBERS - ENVIRONMENTAL PRESERVATION REVIEW BOARE, R 75-154 WAIVE_13,•MONTH TIME LtMIT FOR REAPPLICATION OF ZONING CHANGE FOR LOTS 1 THRU 6, BLOCK 1, LE JEUNE GARDEN' ESTATES - N.W. 42 AVE. AND N.W. 14 STREET PROPOSE CONSIDERATION OF AMENDMENT FOR CHANGE OF ZO.JTNG LOTS 1 THRU 6, BLOCK 1, LE JEUNE GARDEN ESTATES (SEND BACK TO PLANNING ADVISORY BOARD) VARIANCE - PERMIT CONSTRUCTION OF GARAGE ADDITION TO EXISTING DUPLEX - UNPLATTED TRACT, 2181 S.W. 16 STREET MOTION OF INTENT TO WAIVE RENTAL FEE OF MARINE STADIUM, MAY 23, 1975, SOUTH MIAMI HIGH SCHOOL BAND MOTION OF INTENT TO PROVIDE BERTHING SPACE - NAVY LEAGUE FOR BERTHING OF SLOOP FOR A PERIOD OF FOUR DAYS. APPROPRIATE $50,000 CAPITAL IMPROVEMENT.' FUNDS - UNALLO- CATED ESTABLISH SPECIAL FUND FOR PURCHASE OF MATERIALS AND CONTRACTUAL MATERIALS FOR ALTERATIONS OR ADDITIONS TO CITY BUILDINGS. ESTABLISH DATES OF PUBLIC HEARINGS -CITY COMMISSION HEARINGS ON PROPOSED RAPID TRANSIT. AUTHORIZE CITY ATTORNEY TO HIRE APPRAISER, CITY OF MIAMI VS. F.E.C. RAILWAY CIVIL ACTION 71-17071. EXTEND CONTRACT OF LOUIS LAUREDO, AIDE TO THE MAYOR UNTIL FEBRUARY 28, 1975. R 75-155 R 75-156 R 75-157 M 75-158 M 75-159 R 75-160 DISCUSSION R 75-161 M 75-162 PAGE N(!, 113 113 114 114 115 115 116 116 117 117 117-118 119 119 � T***************************************'*************** *********** ******************************************************* ********** MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA ON THE 12TH DAY OF FEBRUARY, THE AR MEETING COMMISSION OF ALL,�35UUELRFAN AMERICAN1DA MET AT TDRIVE, MIAMI, LORIDACINIREGULARN THE CITY SESSION. MIAMI, THE MEETING WAS CALLED 10 ORDER AT 9:10 O'CLOCK A.M. BY MAYOR MAURICE A. FERRE WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT: CQMMISSIONER MANOLO REBOSO LOMNISSIONER ROSE GORDON VICE KAYOR J. L. PLUMMER, JR, MAYOR MAURICE A, t'ERRE COMMISSIONER (REV.) THEODORE GIBSON ALSO PRESENT: ABSENT: P W. ANDREWS, C I T Y MANAGER A. P, UROUCH ASSISTANT CITY MANAGER JOHN S, LLOYD, CITY ATTORNEY HI DI SOUTH RN, LITY CLERK RALPH U. UNGIE, ASSISTANT CITY CLERK AN INVOCATION WAS DELIVERED BY mR. PLUMMER, WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG, A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRO- DUCED AND SECONDED AN) WAS PASSED UNANIMOUSLY. 1. ACCEPT COMPLETED WORK - JEFFERSON HIGHWAY IMPROVEMENT H-4350 ► z . D1umr er : ?+re there any o1,jectors? uo2ring none, I'll niovn to approve. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-104 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF MARKS BROTHERS COMPANY FOR JEFFERSON HIGHWAY IMPROVEMENT H-4350 IN JEFFERSON HIGHWAY IMPROVE- MENT DISTRICT H-4350 AT A TOTAL COST OF $404,264.89; AUTHORIZING AN INCREASE OF THE SCOPE OF THE CON- TRACT IN THE NET AMOUNT OF $4,199.89;AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO IN- STRUCT THE PROPER OFFICIALS OF THE CITY OF MIAMI TO MAKE A FINAL PAYMENT OF $63,138.36. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs, Gordon, Mr. Plummer and Mayor Ferre, NOES; None, ABSENT; Reverend Gibson. F F R : 2197 • WAIVER OF 18 MONTH TIME LIMIT-REFI tNG OF PETITION N,E,CORNER-NIW, 42 ct, LOTS le-6, BLOCK 1 LE JEUNE GARDEN ESTATES Mk, Plturriner: Mr: Mayor, I think we can save an 1Wful lot of time; it's always nice to look at a pretty judge taut Mr. Mayor, there's no question that she was put through and her Clients, an unusual situation being held up by the City. I think that the time limit shoul-d be waived so that they can bn heard at an earlier date and I don't see anything wrong with it. The preceding motion, introduced by Mr. Plummer, seconded by Mrs. Gordon was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. SAID MOTION WAS DESIGNATED 75-105. NC)TE: See Resolutions #75-155 and #75--156 adopted later in the meeting. Mayor Ferre: I don't want to deny you the right to say gond morning. Ms. Janice Revitz: Good morning. May I reeee st then one other thing based on Commissioner Plummer.'s statement which 1 think you all concur. As you know the Commission has the right under Article XXX, Section 2 to vote that a. part.:icul.ar piece of property be rezoned, the amendment to a zoning ordinance and we request that because of the situation that transpired over these several years that rather than making these property owners go all. the way back to the Planning I;').rrd and so on which may take another several year:, t !.at yeti on your own accord tons ider at this time the merits of this rezoning unfettered by the proposed CA-5 which was defeated and vote to rezone this property frnn R-2 to C-4. Mrs. Gordon: Mr. Lloyd, from the legal standpoint what in your op inicln' Mr. Lloyd: That i5 snbeteettally corree . The City Cemmisn.iee miry, if they wish, initiate a proposal for eile:r.djii' nt by r eereanendi ne a etely to the P1.ac.0 i ng Advisory Board for such practice. tt then goes te the Pl enn.i nit Advisory Baird with the recommendation of the City Commission for t:he st.c ay. Now t hat is eeet ion ' of Article XXX. It says, "A 7fleing a..xr ndmeet may t,. ... . Mr. Plummer: Al.l that. doee is prolong i t . She's aek ing us t-o charge the zoning this morning S1.nCC'_ the study has hr'en rime and completed. Mr. Lloyd: No, you can't do it this morning. Mr. Plummer: Judge, let me just speak for one. As. tar I'm concotur-,J, I will tell you that it has been so long and so many changes that I think it should go through the process, it should be aired in the public hearing and 1 for one would not vote to waive it this morning. Mrs. Gordon: Mr. Plummer, I think what Mr. Lloyd said and what Ms. Revitz really wants us to do is refer this back to the board ourselves so that she doesn't have to go through the filing process and I would so move. Mr. Plummer: Oh, is that what you're asking? Ms. Revitz: Yes, that you propose it. Mr. Plummer: Oh, there is no problem there, no problem there at all. I thought that was really what your initial request was. That's in fact what you're doing. The preceding motion, introduced by Mrs. Gordon, seconded by Mr. Plummer, was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. SAID MOTION WAS DESIGNATED 75-106. NOTE: See Resolutions 75-155 and 75-156 adopted later in the meeting. • M FEB121975 CONDITIONAL USE - S.W. CORNER OF S.E. 4 ST & 2 AVENUE LOTS 58/39, PORTION BLOCK 8-FT,DALLAS PARK Mr, Plummer: Is this the lot on the Patricia Hotel, Sid? Mr. Sidney Aronovitz: Yes, sir. This is the one we had the little miX up last time I was here on the time of extension and the City Attorney suggested it would be best to wait and come back to, we're not ready to build anyhow and we would respectfully request a one-year extension. We're in compliance as I understand it with the lighting requirements. Mr. Plummer: Are there any objectors? ,You moved it Rosa?' I second it. The following motion was introduced by Commissioner Gordon, who Moved its adoption: MOTION NO. 7S-107 A MOTION GRAN'PTNG A FURTHER EXTENSTON OF 3ONDITIONAL USE TO CITY NATIONAL BANK FOR CONSTRUCTIOV OF TNCERIM PARKING ON LOTS 39 AND 39 AND PORTION OF BLOCK B, FORT DATLLAS PARK. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: reverend Gibson. Mr. Andrews: Mr. Mayor and members of the Commission, we have to get some formal commitment and included in your actio:, that t:h i s lot be secured if the lot light- ing is not provided during this per: ie',i e if timr:.. . Mr. Aronovitz: WQ Have done that, Mr. Andrews;. My understanding is that the inspectors were out there within the is fist 60 or 20 days and that they had given us a notification that we were in compliance,. We had to put the security around it as you require in the off-street ordinance. Now if we haven't we're fully pre- pared to do it and it can be made subject to whatever. Mayor Ferre: Make the motion subject to that then. Is that acceptable to the maker of the motion? The seconder? All right. Mr. Aronovitz: Thank you very much, Mr. Mayor, and may I jist briefly as an interested citizen commend the members of the Police Department and recognize the particular efforts of Commissioner Plummer at the Bay Heights Drive Monday night at the Medlin home when the two thieves were apprehended. I was very im- pressed and I was proud to be a citizen as I always have been but more so then for what your department did and the assistance rendered by the Commissioner. I happened to walk by and saw it. Mayor Ferre: We're very proud of our "Bat Man", you know. Mrs. Gordon: I tell you, I think it is high time we either prepared some special badge or uniform for you, J.L. Mayor Ferre: He doesn't want any of that, he just wants a little bit more authority. Mr. Plummer: The Mayor is not aware of my latest episode that took place Monday night, he has been out of the country. Mayor Ferre: Oh, yes, I am. Because I'm out of the country doesn't mean that I'm uninformed. Mr. Plummer: Mr. Mayor, now that you've brought that up let me deviate for just one minute, Sid because I would like to read this into the record, Mr. Mayor, what he was talking about there was a robbery in Bay Heights where some $8,000 in jewelry was taken from a home. And I want to read into this record the memo that I sent to the City Manager and Sid, I wanted you to hear it because really FEB 1 2 1975 J. L. Plummer didn't have that much -to do with it. I was there as all My con, cerned neighbors were there and you were there. But Officer Victor Seigus is the one who single handedly made this arrest. He asked for help and 1 happened to be around and I went there and stood with him which gave the nuthbers a little different play. But I would like to read this into the record. This is a letter to the City Manager: On behalf of my family and our entire neighborhood I would like to bring to your attention a commendable job done by Officer Victor Siegus and a recruit, Andrew Moya in the action taken IT them last evening. The individuals were apprehended with approximately $E000 worth of jewelry on their person. Officer Seigus with the help of a citizen, Mr. John Stokes of 1871 S. Bayshore Drive (Rose, he lives across the street from you) spotted some suspects some 6 blocks from where they had broken into a home in Bay Heights. From personal observation I would like to tell you that Officer Seigus handled himself and the situation in a manner which we were all proud of. It is my hope that you will see fit to appro- priately commend Officer Seigus for this outstanding type of police work. And I think that this is the kind of thing, not that it has to be a total commit- ment but the people that got involved that made this apprehension possible and I think it is something that should be noted for the record. Mr. Aronovitz: Well spoken, Commissioner. I certainly felt proud. Mayor Ferre: Do you want to makc a motion for special commendation? Mr. Plummer: Well, I'm going to leave it to the Manager. He handles that very well. Mrs. Gordon: J.L., may I ask you a question since it's one that concerns me per- sonally since you weren't around when they too, my jewelry, unfortunately. Mr. Plummer: But. I'm well. aware, Rose, and I'm going to bring a full report of that young man who has now started at 15 years of age into his second hundred breakins. Mrs. Gordon: Very nice. Mr. Plummer: The last time that this boy was released from Juvenile Hall on his way home from Juvenile Hallstole a bicycle and broke into two additional homes. Mrs. Gordon: That's what I wanted to ask you. Were the persons that were appre- hended on Monday juveniles? Mr. Plummer: No. One was 23 years of age, the white boy was 23. The black male was 24 years of age. The white male was out of prison for two months where he served 3 years in Raiford for breaking and entering into doctors offices to steal morphine. Mr. Dave Simpson: Mr. Mayor, may I ask a question on Item #4? I understood the first action of the City Commission was to waive the 18 month waiting period for refiling. Could you clarify the second action so I know how to proceed with the public hearings? Mrs. Gordon: My motion was that by direction of the Commission, Dave, that an application be made by the department to reopen this application instead of by the applicant. Mr. Simpson: In other words you are initiating this action therefore there will be no filing fee, Mrs. Gordon: Yes, that was what my motion was. I think that is what the seconder intended also. Mr. Plummer: Right, they've been put through enough already. FF R 121975 A , ell NIA FOIE CHANGES AND CORRECTIONS AND TYPOGRAPHICAL ERRORS IN TEXT OF COMPREHENSIVE ZONING OPbINANCE AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OP THE CITY OF MIAMI, FLORIDA, TO PROVIDE FOR CERTAIN CHANGES AND CORRECTIONS ON THE ZONINGDISTRICT MAPS AND TYPOGRAPHICAL ERRORS IN THE TEXT OF THE COMPRE- HENSIVE ZONING ORDINANCE; REPEALING ALL ORDIN- ANCES, CODE SEI'TION4, OR PARTS THEREOF IN CON- FLICT INSOFAR AS THEY ARE IN CONFLICT; CONTAIN- ING A SEVERABIIdTY PROVISION; AND DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND DISPENSING WITH THE RE )UIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS CF THE MEMBERS OF THE COMMIS- SION. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, ior adoption as an emergency measure and dispensing with the requirem nt of reading same on two separate days, which was agreed to by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend ribson. ABSTAINING: Whereupon the Commission on motion of Commissioner Plummer and seconded vy Commissioner Gordon, adopted said ordinance by the f'IIlowing vote: AYES: Mr. Pluarner, M. Reboso, Mrs. Gordon and Mayor Ferre. NOES: Ncne. ABSENT; Reverend G.i I:_son . ABSTAIN I Nr: : SAIT) ORDINANCE WAS DESIGNATED ORDINANCE NO. 8351. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 5. AMEND CODE -SEC, 54-3.1,AUTHORIZE DIRECTOR OF DEPARTMENT OF PUBLIC WORKS TO ALLOW VARIATIONS AND DEVIATIONS OF REPAIRING/REPLACING SIDEWALKS AND/OR CURBS AND GUTTERS AND EXECUTING COVENANTS, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 54-34.1 OF THE CODE OF THE CITY OF MIAMI BY AUTHORIZING THE DIRECTOR OF THE DEPARTMENT or 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 ORDIN- ANCES IN CONFLICT HEREWITH, PROVIDING THAT IF ANY SECTION, CLAUSE, OR SUBSECTION SHALL BD DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with' the requirement of reading same on two separate days, which was agreed to by the following vote AXES; Mr. Plummer, Mr, Reboso, Mrs. Gordon and Mayor Ferre, NOES: None. ABSENT: Reverend Gibson. BSTAINING: Whereupon the Commission on motion of Commissioner Alder and seconded by Cord ►issioner Gordon, adopted said ordinance by the following votes AYES: Mt. Plummer, Mt. Reboso, Mts. Gordon and Mayor Fette. NOES: None. ABSENT: Rev. Gibson. ABS'AINING: SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8352. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 6, ART IN PUBLIC BUILDINGS- AMEND ORD, 8227-CHANGE TERM OF COMMITTEE FROM ONE YEAR TO TWO YEARS AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 8227 RELATING TO ART IN PUBhIC BUILDINGS BY AMENDING SECTION 5 WHICH ESTABLISHED A CULTURAL ARTS ADVISORY COMMITTEE, CHANG- ING THE TERM Or THE COMMITTEE IS TO SERVE FROM ONE (1) YEAR TO TWO (2) YEARS; PRO- VIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Passed on its first roading by title at the meeting of January 9, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner ':;ordon, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8353. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 7, APPROPRIATE ADDITIONAL $1O1O,00 FROM ORANGE BOWL FUND BALANCE CONSULTANT SERVICES FOR SOUND REINFORCEMENT SYSTEM IMPROVEMENTS AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 8316 ADOPTED OCTOBER 10, 1974, TO PROVIDE FOR THE ADDITIONAL APPROPRIATION OF $101.0.00 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; PROVID- ING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of January 9, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre, NOES: None. ABSENT: Reverend Gibson, THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8354. 6 FEB 121975 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 8 AMEND ORD,6871 cHANG�H��C�S M, NG c��bfig���J ��1 29�1,2 2 30THRAO y ' nN nt»tNAVCr P1 rmt,Fn- AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRIIHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONI:N(; CLASSIFICATION FOR LOTS 1, 2, AND 30 THROUGH 40, CHARLI;S M. MUNDY'S SUB (15-29), AND LOTS 1 THROUGH 7, E.W.F. STIRRUP SUB (1-12) , 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 NEC- ESSARY CHANGES IN THE ZONING DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY PE - PEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF Its CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of January 9, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8355. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AMEND ORD,6871 CHANGE ZONING CLASSIFICATION TENTATIVE PLAT #918 EDISON PLAZA 5500 N,W, 2ND AVENUE AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE 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), C-4 (GENERAL COMMERCIAL) AND C-5 (LIBERAL COMMERCIAL) TO R-4 (MEDIUM DENSITY MUL- TIPLE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPT- ION IN ARTICLE III, SECTION 2 THEREOF; BY REPEAL- ING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABIL- ITY PROVISION. Passed on its first reading by title at the meeting of January 9, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the fallowing vote: AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre, NOES: None. ABSENT; Reverend Gibson, THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8356 '7 FEB 1 197 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 10. AMEND ORD.$ CHANGE ZONING CLASSIFICATION TENTATIVE PLAT #916 PERCIVAL GARDENS AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MI)M1, BY CHANGING THE ZONING CLASSIFICATInN OF A PORTION OF TENTATIVE PLAT #916 - "PERCIVAL GARDENS", LOCATED AT APPROXIMATELY 3240 S.W. 37TH AVENUE, FROM R-1 (ONE FAMILY) AND C-2 (COMMUNITY COMMERCIAL) TO R-2 (TWO FAMILY), AND BY MAKING THE NECESSARY CHANG,S IN THE ZONING DISTRICT MAP, MADE A PART OF THE SA:D 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 CONTAIN- ING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of January 9, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, Seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8357. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 11, VANGUARD SCHOOL-SWLY 10' ACCEPT HIGHWAY RIGHT OF WAY DEED LOTS EIGHT AND NINE SUBDIVISION OF PART OF LOT " EWANTON HEIGHTS The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-108 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY THE VANGUARD SCHOOL ON JUNE 18, 1974, CON- VEYING TO THE CITY OF MIAMI THE SOUTHWESTERLY 10 FEET OF LOTS 8 AND 9, SUBDIVISION OF PART OF LOT "M" EWANTON HEIGHTS, AS RECORDED IN PLAT BOOK 2, AT PAGE 33, IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson FEB 1 2 1975 rJ,KR ►s lk 12. ACCEPT TEMP CONSTRUCTION GRANT The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-109 A RESOLUTION ACCEPTING THE; TEMPORARY CONSTRUCTION GRANT OF EASEMENT EXECUTTED BY FRANK J. KREMSER AND MARIE R. KREMSER, HTS WIFE, oN AUGUST 10, 1974,. GRANTING TO THE CITY (IF MIAMI AN EASEMENT LOCATED IN A 15-FOOT WIDE STRIP ALONG THE WEST SIDE OF N.E. 5TH AVENUE BETWEEN N.E. 77TH STREET ROAD AND THE LITTLE RIVER CANAL, FOR THE PURPOSE OF CONSTRUCT- I;t(, A STORM SEWER OUTFALL IN THE PUBLIC RIGHT OF WAY K1)NNJNG PARALLEL WITH, AND APPROXIMATELY ONE FOOR EAST OP, SAID OWNER"S EAST PROPERTY LINE; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted hare and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Reboso, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. NV 13, ACCEPT HIGHWAY RIGHT OF WAY DEED SOUTH 20 FEET LOTS 9 & 10 CHARLES M. MUNDY'S SUBDIVISION (44 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-110 A 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 OF DADE COUNTY, FLORIDA; AND AUTHORIZING AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. FEB 121975 4S<6 `14, ACCEPT GRANT OF EAS 'IEN I LOT A, BLOCK 1! DU PONT PLAZA Mayor F'ef-t-Pt. This 3s hiiPnr,t plea? Can * 1,ote oh that? because we own ptoperty; alright, let th'a record show that I'm abstaining. Mts. Gordon: Question to you, Mr, Lloyd, where specifically is this prop- erty located? Mt. Lloyd: I think perhaps Mr. Grimm Mr. Plummer: Rose, it says in the second paragraph this is part of the River Walkway. Mrs. Gordon: In the legal description but T would like to know where it is specifically located. Can we let this go until we get a map later and find out what were doing? ^�'15, AMEND CITY CODE 39-6 (A) (1) REDUCING MINIMUM FEE FOR USE OF DINNER KEY AUDITORIUM Mr. Andrews: Mr. Mayor and members of the Commission, this is an effort to further utilize Dinner Key Auditorium. We feel that by reducing the rental rates that we can attract more people to its utilization. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING. SECTION 39-6 (a) (1) OF THE CODE OF TILE CITY OF MIAMI BY REDUC- ING THE 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 FRACT- ION THEREOF, FOR THE USE OF THE DOWNSTAIRS ONLY. �� 16, CLAIM SETTLEMENT - ARMANDO GUTIERREZ /� The following resolution was introduced by Commissioner Plummer, who Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by tittle by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. moved its a'ontion: RESOLUTION NO. 75-111 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANANCE TO ACCEPT THE SUM OF $498.75 IN FULL AND COMPLETE SETTLE- MENT 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 CLAIM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote AYES; Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES; None. ABSENT: Reverend Gibson. 101 FER 121975 411 17. CLAIM SETTLEMENT BURRITT, SUBERS & WORLEY INC. KENNETH BOYD BUTTITT AND The following resolution was int:oduced by Cotnntissioner Plummet, who moved its adoption: 'RESOLUTION NO. 75-112 A RESOLUTION AtTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $1,017.86 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF. MIAMI VERSUS BURRITT, SUBERS AND WORLEY INCORPORATED AND KENNETH BOYD BURRITT; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK. OF THE CITY OF MIAMI TO EXECUTE A RELEASE RELEASING BURRITT, SUBERS AND WORLEY INCOR- PORATED AND KENNETH BOYD BURRITT FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT IN- VOLVED IN THE ABOVE CLAIM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Mrs Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. ISJ N, 18, CLAIM SETTLEMENT - MARGARET E. LEE ".� The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-113 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARGARET L. LEE, WITHOUT THE ADMISSION OF LIA- BILITY, THE SUM OF $139.00 IN FULL AND COMPLETE SET- TLEMENT 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. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. FEB 1 2 97 PREPARE LEGISLATION PERMITTING HIM ►O ►1`U �9 REQUEST CITY ATTORNEY- SETTLE CLAIMS IN AMOUNTS NOT EXCEEbING $500 , 01 20, Mr. Andrews: Mr. Mayor and members of the Commission, may I interrupt? I want to recofnmend that you adopt a motion if you`re willing that you ask the City ATtorney to prepare an ordinance for your consideration that would allow the City Attorney with the Manager's approval to make payments up to $500. You're getting an awful lot of these items on the agenda and need not be here that you're taking our recommendations and acting on them automatically anyway. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-114 A MOTION REQUESTING THE CITY ATTORNEY TO PREPARE AND SUB- MIT TO THE COMMISSION NFrESSARY LEGISLATION TO ENABLE HIM TO SETTLE CLAIMS AGAINST THE CITY IN AMOUNTS NOT EXCEEDING $500.00 WITHOUT CITY C:OMh1ISSION APPROVAL. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. CLAIM SETTLEMENT - JOSEPH SCALCO, JR, The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-115 A 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 RE- LEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution passed and adopted by the following vote - AYES: was FEB 12197 45 21, CLAIM SETTLEMENT AMOS RAGANS Nc The following resolution ••sas introduce4 by Cor�,missioner Gordon, who moved its adoption: RESOLUTION NO, 75-116 A RESOLUTION AUTHORIZING THE DIRECTOR OE' 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. (Here follows body of resolttion, emitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. /11 cz)PY 22, CLAIM SETTLEMENT — EUSENE J. ZEMERUSKI The following resolution ,.,as intro'?ucee by r'nm,nissior;nr Cordon, who moved its adoption: RESOLUTION NO. 75-117 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EUGENE J. ZEMBRZUSKI WITHOUT THE ADMISSION OF LIABIL- ITY, 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 RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. �� 23, CLAIM SETTLEMENT — ELIZABETH S. STEINBERG & JULIUS STEINBERG w The following resolution was introduced by Commissioner Gordnn, who moved its adoption: RESOLUTION NO. 75-118 A 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. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES; Mr, Plummer, Mr, Reboso, Mrs, Gordon and Mayor Ferre. NOES; None, ABSENT; Reverend Gibson. 1 ;i FEB 12975 • s' 24 CLAIM SETTLEMENT 413 Mt. D1 »e+ *16 DOROTHY LEVINE AND JOSEPH LEVINE Mr. Mayor, let me question something here of the Mahaget. Mt. Manager, you know this lawsuit problem is getting out of hand. I noticed that about better than half of these are just what I would call nitty type of things based on a sidewalk deficiency. Mt. Andrews: A slip and fall on the sidewalk, a concrete slab will get.. Mr. Plummer: But I mean the City is liable for that? Mr. Lloyd: Yes, sir, has been since the year one. Mr. Plummer: Boy, that is a hell of a gold nine fo' some of these Mt. Andrews: One of these is a slip and fall as the result of a pot hole in the street and we have very very few of them. Nevertheless, the City is liable. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-119 A RESOLUTION AU'.'HORIZING THE DIRECTOR OF FINANCE TO PAY TO DOROTHY LEVINE AND JOSEPH LEVINE, HER HUSBAND, WITHOUT THE ADMISSION OF LIABILITY, THE SLIM OF $1800.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL, INJURIES SUSTAINED BY DOROTHY LEVINE, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. PLummer and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. . VARIANCE - UNPLATTED TRACT - 2181 S, W, 16TH STREET Mayor Ferre announced that the City Commission was now ready to hear any object- ions to the proposed variance. Mayor Ferre: All right, sir, if you would quickly explain your situation. Mr. Rene L. Dechard: This denial in my opinion was based....the Planning and Zoning Board recommendation was denied. They say that it takes....Dade Public safety. The last year we have not had any accidents at that corner because there was installed a traffic light. When you have a traffic light you have to stop and cross according to the light. Mayor Ferre: Well let me interrupt you and ask you; but what you want is you want to build a garage in your property, is that it? Mr. Dechard: Yes, sir. Mayor Ferre: And you want to go within 4 feet of the side street when you're supposed to go 15. Is that it in substance? Mr. Dechard; Yes. Mayor Ferre: This is a typical case that we come across. Mr. Plummer; It is not typical, Mr. Mayor because the typical cases they build it, get caught and then come here. He hasn't built it yet, he's done it the right way. Mrs, Gordon; Mr. Acton, will you please explain your recommendation? Mr. Acton: Yes. The recommendation is based on the fact that he wants to build 14 FER 1F,9 7 the addition at the intersection o` two arterials, 16th Street which is heavily traveled and 22nd Avenue which is also heavily traveled. Our examination of the developitent plan indicated that it would interfer with the site lines similar to the situation that although it is not as critical that existed at 17th Avenue and the Highway. If yotll recall there was a problem there with interference of site linee as you're approaching the intersection. That's the reason we recom- trended the denial and also the Zoning Board. Mr. Plummer: Let me ask this question, and I'm not speaking but if he builds the garage behind, let's say the front wall is that going to interfer with the site line? Mr. Acton: Well he's moving, you see the addition is to 22nd Avenue. He's coming west within 4 feet. The mention as brought to my attention by Mr. Ferencik is 22nd Avenue in the future. being other there for the gentleman, of the house, how placed adjacent thing I did not are plans to widen Mr. Plummer: Yes, that's as soon as they take the.snow plows off of Fiagler Street. Mt. Acton: I'm saying that it is in a plan of widening. Mr. Plummer: That's fine, but what I'm trying to say is if the house is like this piece of paper and he puts the garage back of the front wall, how will that interfere with the site line? I don't understand. If it was in front of. Mrs. Gordon: Does somebody have a plot plan? Mr. Plummer: Yes, right here, Rose. Mr. Reboso: What is the purpose of the garage? Mr. Dechard: Let me explain to... I'm going to explain the purposes, I'm going to explain one thing that he pointed out. You see, I've got another proposition too. I think he was reading my mind. You see, I've got it right here. I wanted to give you another possibility so you can give me the permit. Why instead of building the garage even with the front wall of the house you don't give me the chance and condition that permit to build it 12 feet behind the front wall and in that way I don't block out all the visibility of 22nd Avenue. Here is, I build 12 feet behind and cut all the trees that now existing is going a very good side line.... Mr. Reboso: I move it, Mr. Mayor. Mr. Plummer: Well let's understand now, for the purose of the record he will move back four feet from the front wall of the house will be the front wall of the garage. Mr. Reboso: That's right so you won't block the visibility. Mayor Ferre: With a condition that it be moved back in such a way that it doesn't impare the visibility from the corner. Mr. Plummer: Minimum of four feet -not in such a way, no. The preceding motion was introduced by Mr. Reboso, seconded by Mr. Plummer and passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. 15 F R 121975 11 nr CHANGE ZONING CLASSIFICATION LOTS 5,6,19 & 20 ti 26, AMEND ORD- 6871- BLOCK 1 - CH ARL=S H, FROW SUB (13.53) mayor Ferre: Is the Planning Department going to make this presentation? Mr. Plummer: They don't need to, Mr. Mayor, this is an expansion of the tennis courts, something that everybody in the Grove wants. Mayor Ferre: Well who are the objectors now? Are there any objectors? UNIDENTIFIED SPEAKER: I think one correction, you have two objectors here and there was only one objector because one of the other parties had used my lot number, 15-Block 1, half of my lot and put her namd down. Mt. Simpson had that down. So I don't who used my lot because. . Mr. Plummer: Well then instruct Mr. Simpson to give her a three minute tongue lashing. Second the motion, Mr. Mayor. Mayor Ferre: Wait a minute, there's an objector.. Let's listen to the objector. UNIDENTIFIED SPEAKER: May I add one thing, there are 13 houses on Florida Avenue and 12 of us all want these tennis courts plus the main majority of the Grove people want it. Mr. John Daw: My name is John Daw, I live at 3155 Florida Avenue which is right next to the proposed expansion. I would like if I can to read this very quickly. These voice my entire objections to the whole thing. As Mayor Ferre knows from letters I've written to officials in the past I tend to disagree with the pro- posed park extension. My primary reason for this is of course that it will ad- versely affect the value of my property and it will deteriorate needed environ- ment. But in addition to this purely selfish motive I pointed out that since society is composed of individuals a dovehpment which affects me as an individual also affects society as a whole. For :several years any own personal business has been highload air transport and one of: the aspects of this business is being the carriage of large groups of urban planners and architects from various countries throughout the world to see the major development, urban developments throughout the world. So I've seen just about everything there is to see in urban development from Moscow, , Helsinki, and so forth so I know a little bit about it. Thus most people I've had an opportunity to see this planning development. I've also seen a fair amount in the United States. On the basis of my experience I have to say the most distressing thing to me is the lacl: of success which we in the United States have had in stopping inner city ceter.ioiation. We're all famil- iar enough with what happens, neighborhoods detericrate ar.d the middle class picks up and moves to the suburbs where they demand more schools, more water supplies, more police services and so forth where none existed before. Additionally, these new suburbanites where they retain their jobs in the town create horrendous traffic problems as they squeeze daily through the commuter rush. So this flight to the suburbs compounds our problems. It creates the demand for new services and at the same time it loads the community with the need to supply transport and it leaves the inner city areas to deteriorate. We all know this yet we all seem powerless to do anything about it. However, I now believe there are several factors which should force us into a realization that this state of affairs simply cannot continue. Firstly, in many areas it no longer makes sense merely to leave the central urban areas to rot and for us to expand outwards since we will find that in so doing we're encroching on land which is essential to sustain the City pop- ulation -that is agricultural land, land which is used for water supply and so forth. If you read the Herald today you will notice that the Florida Atlantic University Study shows that agricultural land in Flordia is being urbanized to the rate of 57,000 acres a year. This is a pacd which I submit we cannot allow to continue. In the second place the energy shortage, which believe me in the United States is nothing compared to what it has been in other parts of the world. In Europe, for example, I've never payed less than 90 cents a gallon for gasoline, never; and in some cases $1.20. This together with the problems and congestion caused by use of the gas powered automobile for all the way transport, that is to say where a man lives in the suburbs and uses it all the way into his work. These must force a reassessment of the viability of suburban living. By this I mean quite simply that whereas it might now be tenable for the average family in this area to live in the suburbs and for the husband to commute to work in the family car the situat- ion can very easily change very rapidly as we go to double the number of cars on the roads and we start using gas which is going to cost twice as much as it costs at the present momen. The third factor is that finally it is becoming apparent that one can no longer simply let the central urban areas rot, I must say that #or 10 years I had my business in scandinavia and I've often offered my American 16 FEP121975 friends a hundred dollars for every slum that they can fihd there. I've never been taken up on this yet. I cannot drive through on U.S. 1, through the black area down there without shaking my head in dismay. So I submit there are two bills which have to be paid by American society for this suburban flight which we're all encouraging in a way. The bill for sustaining the new developments in the suburbs with services and energy for transport and the one reconstituting the deteriorating urban areas caused by pull out into the suburbs. If we neglect the inner city areas as has been done in the past, it's not quite so obviois now that we're doing this, then the consequences can and will be horrendous anti.... Mr. Plummer: Excuse me, please. Mr. Mayor, I hate to interrupt the gentleman but he's making a great dissertation, but Mr. Mayor, this is on toning and the areas he's hitting all perimeters as if it were the entire book. I agree, and his statement on a personal appearance I think would he well in order. But there are other people who are waiting here to be heard on zoning. Now 1 think we should speak to zoning. Mr. Daw: May I? You see my point is I feel that we have to have a principle Mr. Plummer: Oh, I understand your point. Mr. Daw: No, with regard to any development in the central city area we have to apply an acid test and the acid test has to be will this improve or will this deteriorate the central urban situation. Now if you look at me, my house worth $40,000 shall we say, I don't know; Ok, you develop a park. Society wants to develop a park next to my house - fair enough, ok, we all need parks. But that particular park development will devalue my property Mr. Plummer: Wait a minute, you're taking an assumption. Mr. Daw: Will you please ask the hank where I hold my mortgage? The bank tells me this. I mean maybo they're wrong, they've been wrong in the past. All right, well let's assume that it's going to devalue my property. Whether it does or not is rather incidental. I feel that it is going to devalue my property so perhaps do other people in the area too. This is the essential thing but what recourse do I have to guard myself against this particular devaluation? If I sell my house, for example, if I feel that I am pressured, if th:.s deteriorates my environment to the point where I can no longer live there; I sell my house, it brings... I am economically bound to retain my house and let it out for rental. This is the point that I'm making. Our specific area, and if you would let me continue I had it much more definitely assembled here, our specific area in which I live right now is in an action state of urban deterioration. Now the houses on the opposite side of the road -this is what I'm trying to get over- 60% of them have major defensive systems installed. I have a comprehensive burglar alarm. I live with a primary, secondary and tertiary defense system -- this is a fact of life. People have bars at the windows, they have guard dogs and so forth. But over 60% of those houses on the opposite side of the road are like that. 50% of them are now rental, they're absentee owned and the reason that these houses are now rental property is because of the influence of the school and the park on that specific area. It has devalued the environment to the point where the people just move out. Now what are we going to do about this? How are we going to apply the acid test to this particular development? Is it going to better the environment or is going to de- crease the environment? Mrs. Gordon, I see you have something to say. Mrs Gordon: You know everybody has their own point of view; I am an appraiser, I do this as my profession. I think being near a park would enhance the value of the property but if you don't think so that's another point of view. Mr. Daw: I don't know whether Mrs. Gordon has lived next to a park in Coconut Grove. Mrs. Gordon: I wish I did, though. Mr. Daw: I sent Mayor Ferre a very large stone which had been hurled at my house one day. He will perhaps remember that. Mayor Ferre: Now you'd better tell me that again, I didn't hear you. Mr, Daw: 1 say I sent you in attempt to sort of make a point which I think was made, I sent one to Dr. Wigham too and told him to please control the kids in the park, So you've got to remember that this park is used daily by the children from the school and the present head mistress or principal as you call her here 1? FFF1 121975 is very goode She can't, there's no way you can control 30 children in an un- is at present being sued,yre all over the place. TherinI understand for about $2,000,000 for an accident which occured. Mayor Ferret But look, Mr. Daw, because let me cut through a lot of t:his rather quick. Oak Park has been there for a long time. For some time now tee City of Miami has been thinking of expanding that park. The Froperty has been acquired. The property was acquired for tae purpose of expanding the park. That has all been public knowledge for a long long while. The property that was acquired is empty, it doesn't have any houses on it. Mr. Daw: No, it was maintained very badly for a long long time. Mayor Ferre: All right, well this is going to maintain it a little bit better really. Mr. Daw: Well, if it is maintained better. But here we go back to the way in which the City of Miami... I've been told don't come down and make yourself un- popular. Mayor Ferre: Mr. John Daw, you're a very brilliant man and I would recommend that that statement that you were going to write and read to this Commission, I think it is so well written from what I was hearing of it that you ought to send it, and I'm serious now, to Dr. Priscilla Perry. In fact, I would like to have a copy of it because I would like to have that published in the Urban Review maga- zine of the University of Miami. Mr. Daw: I thank you very much. May I just summarize? Mayor Ferre: I'm not being facetious or anything. Mr. Daw: I appreciate that but can I just summarize the specifi; point about this specific Park? We should not neglect the fact that this is a question of the individual in society. I'm the individual in this case. Mayor Ferre, you've got house. Right? And they've re --zoned the area where you've lived? Ok, your taxes went up. You didn't ask them to put the taxes up as the result of that, right? Ok. Now in my case the lots next door are being rezoned. I didn't ask them yet my property values are affected. It's ok saying, you wrote me a letter to say that this park was going to be developed as a passive area to protect the property over to one side. But it is full of 30 screaming kids everyday hurling stones at my house and no way I can construe that as being a method of protecting my property. Mayor Ferre: You see, we go through this all of the time. It is a problem of conflicts between the various interests of individuals in society and the question is, you see, I think our American system is basically if you want to continue your thesis on a utilitarian concept. The utilitarian concept is based on the most good for the most people. That is the crux of it. Mr. Daw: Ok, let me just summarize those specific points with reference to this specific park. CAn I do that? Just these points with reference to the park as it is now. Mayor Ferre: Do it quickly. Mr. Daw: I will. I say the control over the use and the abuse of the park as it is at present has been very poor. No attention is being paid to noise attenuation barriers and use of park equipment which is designed to cut down noises. There is no parking area provided and the major parking area for the park is blocked off all day and everyday by the school. They just block off the road. They take City of Miami barriers and bang bang, that's it. There is no control over the use of the tennis courts and despite ordinances which everyone ignores, tennis playing starts as soon as it is light and on occasion it:. is continued until 2:30 A.M. in the morning by process of the players breaking open and altering the light timing device. I looked for Mr. Howard's telephone number at 2:30 in the morning - I couldn't find it otherwise I would have called him and told him to come down and fix it. No attention is being paid to hooding the lights or to screen in courts. This despite the fact that one sees hoods and screens on the tennis courts of haulover park which has to be at least miles from the nearest dwellings. No attention is being paid to the installation of equipment that is difficult to abuse thus the toilet is shielded by a screen that is easily climbed by children and do so all the time. They get out there and play baseball on the roof, The FEB 1217 Patk is in constant use by the children from the elementary school. The use of the school park by the children in the school increases the wear and teat on the park and equiptttent, again something for which the public pays yet the public can't use th3 park because the children are using the park, flow can they when you've got 30 kids there? Mts. Gordon: Children ate public too, Mr, Daw: Yes, but it is not possible for a person to go in and use the tennis practice wall when you've got thirty kids barging backwards and forwards in front of it. Right? Mrs, Gordon: May I cut through and try to come to a conclusion? We understand you're opposed to the park but the park is there and now how can we, and what we would like to do is make you happy and make the neighborhood satisfied. What could we do that would assure you of piece of mind besides just wiping out the whold park? Mr. Daw: No, I don't agree. That is exactly the kind of response that I want. This is what I suggest that you do. First of all., some consid- eration is given to the design of the equipment which is going into the park. This, I believe is going to be done. Secondly, adequate ►oise attenuation barriers and visual barriers should be placed between the park and my property which is again going to be done. Thirdly, there must be some form of park ranger in that park who is able to dish out tickets to people who are throwing stones or doing this and that. We don't need control of the tennis courts. People who go there and play tennis generally speaking behave themselves. We need control of the unstructured area. The other point that I would like to make is that the school itself already has a play area behind the school which is available -I pay for it, you pay for it with our taxes. But the school for some reason, this has become everyday they block off the entire stretch of Matilda there. They block off 50 parking spaces or 30 park- ing spaces, whatever it is and I can't get my car through there, ambul- ances can't use it, fire brigades and so forth. So I would !;itgyost that one very seriously looks at that whole question of use of this specific park. I'm not talking all parsk, by the school because it is very close to Mrs. Gordon: Two things, first I'm going to move to change the class- ification to pth lic park and rec. and secondly I'm going to ask the Manager to confer with you and to come up with some specific recommendations that would make this a better situation for all parties concerned. The preceding motion introduced by Mrs. Gordon, sc,•onded t,y Mr. Plummer was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. Nr, Lloyd; That was the motion directing the Manager to confer with the gentleman on the park problem. Now you must pass the ordinance. Mrs. Gordon: No, that was the opposite. Mr. Lloyd: Well you can't have it that way because you have to read the ordinance or you put two motions in in a row so we have to disregard the first one Mrs. Gordon: All right, the first one was the conference with the gentleman. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 5, 6, 19 AND 20, BLOCK 1, CHARLES H. FROW SUB (13-53), AT APPROXIMATELY 3150 Oak AVENUE, FROM R=1 (ONE FAMILY) TO P-R (PUBLIC PARK AND RECREATION) DISTRICT. Was introduced by Commissioner Gordon and seconded by Commissioner Plummer and passed on its first reading by title by the fallowing vote: AYES: Mrs. Gordon, Mr, Plainer, Mr, Reboso and Mayor Ferre. NOES: None, ABSENT: Reverend Gi.bSon lid RANT pERMtsgrto LOTS 1 THRU 6 & 9 HRU 24) BLOCK 1 s 1', -oNstRUOt NEW tENNts COURTS 3150 OAK AVENUE L, The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-121 A RESOLUTION GRANTING PI:RMI.S1oU, AS PROVIDED IN ORDINANCE NO, 6871, ARTICLE XVIIT--1, SECTION 4(1), TO CONSTRUCT NEW TENNIS COURTS WITH 12' FENCING ON LOTS 1 THRU 6 AND 19 THRU 24, BLOCK 1, CHARLES H. FROW SUB (13053), AT APPROXIMATELY 3150 OAK AVENUE, SUBJECT 'I'O PROVIDING A 5' LANDSCAPED AREA ALONG 12' FENCING AND MASONRY WALL, AND SUBJECT TO ESTABLISHING ADEQUATE SUPERVISION FOR THE NEW TENNIS COURTS; ZONED P-R (PUBLIC PARK AND RECREAT- ION) AND R-1 (ONE FAMILY) , PROPOSED TO BE REZONED P-R. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. UNPLATTED- SOUTH OF E/W EXPRESSWAY EXTEND CONDITIONAL USE BETWEEN 35TH AND 37TH AVENUES The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-122 A RESOLUTION GRANTING A ONE YEAR )»:TENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 1400 N.W. 36TH AVENUE BY ZONING BOARD RESOLUTION NO. ZB 132-74. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. F E R 1 2 1975 41 i pp egmpTENI 29' CNIECY'FOOPRoM OR sxEILstHPELAfiE AND OTNGND<4 44. Mayor Ferre: Thirty-three, if you would pleasa. A resolution authorizing and directing the City Manager to instruct the proper City officials to transfer $2500 from the contingency fund to provide payment for the replace- ment of seals, plates and letters identifying the Torch of Freedom as the John F. Kennedy Memorial. City Manager recommends. Mrs. Gordon: Is this a second vandalism or is this part of the first? Mr.Andrews: No, this is not even pa:t of the firs:. This is some of the letters and portions of the seals tha•: were rtissing even before the vandal- ism took place and we would have been coming to you with it whether that would have occured or not, Mr. Plummer: What you're telling us is there is going to be another bill for the repair. Mr. Andrews: Yes. The court had given the individuals one year to make restitution, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-123 A 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 RE- PLACEMENT OF SEALS, PLATES, AND LETTERS IDENTIFYING THE TORCH OF FRIENDSHIP AS THE JOHN F. KENNEDY MEMORIAL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. Mayor Ferre: Now I want to make very sure that this has nothing to do with the destruct3.on of the torch. These were vandals that were stealing seals and letters and things and it has nothing to do with the destruct- ion of the Torch itself. c\r EXPENDITURES FOR PROGRAMS FOR HANDICAPPED 30. APPROPRIATE $1.040u0 ,� AN ORDINANCE ENTITLED - AN 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 RE- IMBURSEMENT INVOICE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO IMPLEMENT THIS PROGRAM, AND ESTABLISHING A PRO- GRAM BUDGET; REPEALING ALL ORDINANCES, CODE SECT- IONS OR PARTS THEREOF IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Gordon and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre; NOES; None. ABSENT: Reverend. Gibson. The City Attorney read the ordinance into the Public record and announced that copies were available to the members of the City Com- mission and to the public. 21 FEB 12 1975 3L, AUTHORIZE AGREEMENT 44 AM''ND!ENT 1111 UNIVERSITY OF MIAMI FOR PROFESSIONAL SUPERVIPROGRAM �EXTRNDIN(; TO JANXIION OF CITY Yl9ib CAS. Mr. Plu er: Mt. Mayot, I wish to discuss 35 with the Manager. I brought this thing up at Budget Time. Let's bring it up when we can discuss it mote. Mayor Ferre: All right, take up item 36 The following resolution was introduced by Commissioner Gordon, who taoVed its adoption: RESOLUTION NO. 75-124 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREE- MENT ENTERED INTO WITH THE UNIVERSITY OF MIAMI ON SEPT- EMBER 10, 1974 FOR THE PROFESSIONAL SUPERVISION CF THE CITY'S EMERGENCY MEDICAL PROGRAM, EXTENDING THE TERM OF THE ORIGINAL AGREEMENT TO JANUARY 31, 1976. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson TRANSFER $12,591,00 FROM CONTINGENCY FUND FOR FIRE DEPT, BUDGET FUNDING CONTRACT BETWEEN CITY AND U OF M SCHOOL OF MEDICINE FOR EMERG, MEDICAL SERVICES The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-125 A RESOLUTION AUTHORIZING THE TRANSFER OF $12,591.00 FROM THE CONTINGENCY FUND TO THE FIRE DEPARTMENT'S BUDGET FOR FISCAL YEAR 1974-75 FOR FUNDING THE CON- TRACT BETWEEN THE CITY OF MIAMI AND THE UNIVERSITY OF MIAMI SCHOOL OF MEDICINE, DEPARTMENT OF SURGERY FOR EMERGENCY MEDICAL SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mx. Reboso and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. 22 FEB 121975 351 AUTHORIZE AGREEMENTS FOOD AND BEVERAGE w CONCESSIONS cam ARTHUR BURRICHTER - SPECIALIZED TRAINING ti SERVICES IN THE CITY 34, AUTHORIZE AGREEMENTS DEPT, OF POLICE 1 The following resolution was introduced by Cormnissioner P1u:rner, who moved its adoption: 4110 ANGEL TRETO AND IDA TRETO -WEST END PARK ROBERT DONALDSON - MANOR PARK The following resolution was introduced by Commissioner Plutmet, who Moved its adoption: RESOLUTION NO, 75-126 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH ANGEL H. AND IDA TRETO FOR THE FOOD AND BEVERAGE CONCESSION RIGHTS AT WEST END PARK, FOR A PERIOD OF FOUR (4) YEARS COMMENCING ON JANUARY 1, 1975 AND ENDING ON DECEMBER 31, 1978. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-126A A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH ROBERT DONALDSON FOR THE FOOD AND BEVERAGE CONCESSION RIGHTS AT MANOR PARK., FOR A PERIOD OF FIVE (5) YEARS COMMENCING ON OCTOBER 18, 1974 AND ENDING ON OCTOBER 17, 1974. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reb'aso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. RESOLUTION NO. 75-127 A RESOLUTION AUTHORIZING AND DIRECTING THE 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. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Mrs. Gordon, Mr, Reboso, Mr. Plummer and Mayor Ferre, NOES: None, ABSENT; Reverend Gibson, 23 FEB 121975 At* ' C©MMEf�C A� CENTER PLANNING AND ZONING STUDY Mayor Ferte: Are there members of the public who are hete on this item? Would .144 -vol reige trout hands. All zinht, now t think ont of routtesy to the hennle who are here, Mr, Acton, it might be better if we put these in such a way so that the people can see them. All right, Mr, Acton, go ahead. Mr. George Acton: Mr. Mayor and members of the Commission, the Little River Study is a result of City Commission action upon the request of the Little River Commerce Association for a planning and zoning study of their area and as evident there are individuals in the audience that represent this association. The Depart- ment did work with the Commerce Association during the course of this study and with the few exceptions, the recommendations that come to you in this study are endorsed by the Commerce Association. I'd like to direct the Commission's attent- ion to page 28, 29 which contain the result of the analysis and is the change in zoning recommendations for this study. The map to the Commission's right show the proposed zoning and the land use plan that was evolved during the course of this study. Tht is what the Planning Department is recommending for changes in zoning. The maps to the Commission's left are analysis maps that show the exist- ing zoning pattern and the existing structures. If you take a look at the pattern of existing structures and their use coupled with the existing zoning classificat- ions applied to the Little River area you will discover that they bear little re- lationship to the type of development that has been occuring and to the type of development that the Commerce Association would like to see take place in the Little River Planning Study District. Very simply, the pages in the book 28, 29 and 30 contain our recommendations as they apply to needed changes in zoning for the Little River Area. Such as, the first recommendation -(GAP)- I started to say, Mr. Mayor and members of the Commission, there are a series of some nine recommendations as they pertain to zoning in the Little River ARea and starting with the first recommendation that is illustrated on page 28, the map shows both the existing zoning in the Little River area and the proposed changes. And the recommendations as they pertain to zoning are related to the numbered recommendat- ions on the map. The first recommendation is along N.E. 2nd Avenue is a change of zoning from C-2 to C-1. The reason being that N.E. 2nd Avenue has served as a basically local commercial retail use area for the Little River Area and we're recommending that some of the uses that are contained in the C-2 are not appro- priate for this stretch of Second Avenue. The second (2) recommendation is a change along 82nd Street from R-3 and R-4 apartment zoning to RC as being more appropriate for the type of development that has beer occuring in Little River over the past 10 years. As the Commission probably realizes the Little River area has had a•resurgence in basically office development over the past 10 years although they've lost a considerable amount of retail uses to Biscayne Shopping Center area, to the other regional shopping areas. There has been a considerable amount of office commercial going in Little River and a number of new buildings are being built or have been built or in the process of being built in this area. So the second recommendation pertains to allowing residential commercial along 82nd Street to meet the objectives in the way the development has been occuring in Little River. Recommendations 3, 4, 7 and 8 all refer to providing a uni- form pattern of development, C-2 zoning in the hear: of thy? 79th Street, N.E. 2nd Avenue access that is atune to the existing and potential redevelopment of this area. What we're saying is 79th Street and a portion of N.E. 2nd Avenue should be all rezoned from the existing zoning which is a mixture of different types such as C-4 to a uniform pattern of C-2 which would again try to get the type of development in the area that both the Planning Department and the Commerce Assoc- iation believes would be most suitable for the area. Recommendation (5) is a change of zoning from existing C-5 and I-1 to C-4 and reflects a recent orientat- ion in this particular part of Little River towards storage and other types of liberal commercial uses that are being placed in this particular segment of Little River mainly because if its easy access to the railroad and to the major arterials in the area. The last two, 6 and 9 recommendations apply to change of zoning from C-1 to R-C in the basically residential area that lies north of 79th and east of N.E. 2nd Avenue. During the past 10 years there have been numerous Apartment structures built in this area, very little retail. So for that reason both the Department and the Commerce Association believe there should be a change in this area from C-1 which allows local retail uses to R-C which would provide a greater amount of green space and other amenities in a basically residential area, Skipping on in our recommendations to page 31 we also made recommendations to require amendments to the R-C zoning ordinance based on the research that was done during the preparation, if the Commission remembers, of the Little Havana area where we recommended a change in the R-4 zoning classification as it per- tains to small lot development. We're recommending the same type of change to the R-C to insure that apartment structures on small lots will be developed with the proper type of living amenities, The next recommended amendment is to the C2 District; we're recommending the elimination of adult bookstores and movie 2 FEB 121975 theatres in the C-2 zone. As the Commission is probably aware there are numerous adult bookstores and movie theatres that have sprung up on both N.E. 2nd Avenue and 79th Street that are detrimental to the type of development that the Commerce Association and the Planning Department looks to for the Little River Area. We*re saying the C-2 should eliMinate any type of this use and adult bookstores, theatres should be restricted to the C-4 zone which is more compatable with that type of use. The next recommendations pertain to open space and beautification which is reflected on pages 32 and 33 and we ate recommending a series of mini -parks to be developed in the area usually in accord with the existing municipal parking lots or lots to be developed in the future. Skipping on to page 38 and 39 these con- tain recommendations on community facilities and services in traffic and trans- portation. We're recommending for instance that :he Little River Library which will be phased out by Dade County in some 5 years'be converted to a community center at the time that it is converted and also in connection with that develop- ment that an enlarged passive park be developed. The second recommendation is that when the auto inspection station that lies behind that facility is phased out that a new fire station be developed to replace it. The next recommendation pertains to the fact that the sanitary sewers that exist in Little River are pres- ently built to standards that in the future would not allow too much more devel- opment and that these sewers need to be rebuilt to commercial densities. Skipping over to page 42, it is simply a summary of all of the recommendations that are con- tained in the report as they apply to Little River. That concludes my presentation Mr. Mayor. In the audience we do have Mr.• Robert Coppen, Mr. Gordon Smith and Mrs. Lorraine Dunn from the Commerce Association to add whatever comments they feel appropriate at this time. Mayor Ferre: Let's start out with Gordon then. Gordon, where are you? Mr. Acton, why don't you take these out so we can see Mr. Smith. Mr. Gordon Smith: Mr. Mayor and Commission, we thank you for the time that you're devoting to us here for upgrading and improving the Little River area. We are basically in accord with the program and the recommendations that the Planning Department under Mr. George Acton has presented to us. I will call attention to a slight variation that I would think would be the appropriate thing to do and let Mr. Coppen and the lady will add to it. Mayor Ferre: Who is going to make that presentation, do you want to make it now? Mr. Smith: Mr. Coppen. Between 79th Street right along the railroad track where that C-4 is now this basically is three or four small industrial type buildings have been built in there. Frankly, we feel that this is not necessary because immeciately to the south of 79th Street this is all industrial and it is pretty well consolidated down in there and we feel that to get a composite type of develop- ment through from the railroad track right to Miami Avenue we don't need any more of this type of development to take place in there. Mayor Ferre; So what would you like? Mr. Smith: I would like to see that go all C-2 from 79th Street. Let me show you on the map where I'm talking about. Mayor Ferre: This is your particular recommendatior. or the association's? The Association's. He'd like that to be C-2 rather than C-4. Now would you agree with that, Mr. Acton? Why do you disagree? Mr. Acton: Well there have been a few mini -warehouses and other storage facilit- ies built in that area and we are recommending of course, a less industrial type of zoning. It is presently zoned C-5 and I-1. We're recommending C-4 which is a liberal commercial type of zoning for that area. We do not think that C-2 would be appropriate or give them the type of development that they invision since there are already warehouses in the area. We don't invision in other words office type development or retail community type for that area. Mayor Ferre: Do you have a strong objection to this Gordon, or is this just some- thing — Mr. Smith: Yes, we have a strong objection to it. We wouldn't like to see any- more cf the type development go in there that has already gone in because we're thinking in a long range term, we're not thinking of just today and if along range term goes in and this developes the way that we anticipate and are working towards and there is enough evidence that we will succeed in it that this would be not to the best advantage for a lovely and a nice development to take place and office buildings and allied things of that nature. It is strictly a commercial area back there, FEB1.21975 Mayor Ferre: Well, I tell you I concur with your statement, t certainly agreL With that. What else do you want to tell us? Mrs Smith: The other thing that t'1l say, and then i'11 turn it over to Mr. Coppen, is that I would like to see -this is my own personal and we haven't dis- cussed it - I would like to see where the library is being phased out for some sort of a Governmental Agency to go in there. Mayor Ferre: Well that's what they're talking about when they say Community Center. Mr. Smith: Yes, but I was thinking something like a miniature City Hall, so to speak, where you're spreading out and you're going into some of the facilities around. Mr. Plummer: You can still, what we have been dcing under Ferre, we have been going to different areas and holding half of our meeting here and half in a dif- ferent area. And if you had a community hall such as what is proposed that's exactly what we need to hold these type of meetings in. So really in fact it would be a sub -City Hall or it could be used at any time for Commission Hearing Meetings. Mr. Smith: I think that would be to an advantage to us to have something of that nature. I'll turn the microphone over to Mr. Coppen now. Mayor Ferre: All right, why don't you both come up. Mrs. Dunn. Mrs. Lorraine Dunn: (1) I would like to express my gratitude for the marvelous attitude and cooperation that I have encountered in every level of "government that I've been working with in this past year. It is heart warming to say the least. I concur along with the Commerce Association and the general recommendat- ions of the City Planning. I have one particular change that I'm interested in making despite the fact that the explanations of so-called advantages of R-C over C-1 on 82nd Street property west of Second Avenue. My shop is located in this area and there are 5 commercial installations in this two block strip, offices, insurance, attorneys and things of that sort are there along with my decorating and antique and restoration shop. C-1 permits me to do retail activity to a greater extent than R-C would and I'm already involved in this. So I would hesi- tate to see R-C with greater restrictions on the type of business that I'm already doing come in at that point. I also understand that there is a possibility of a City Parking Building going into this area in the forseeable future. This I don't see in R-C, I do see it in C-1. I think that one of our greatest ways of over- coming the proliferation of apartment buildings oversized for 50 foot lots can be overcome by enforcing, if I may refer to page 30, item 2, where you are re- quested to amend Article IX to residential office. This quotation of which were of record prior to September 25, 1946 being used for 4 units; it doesn't matter, I think too much whether it is four or five or six a:; much as it does the enforce- ment of the use of the land surrounding the building, that is in the area that cannot be built upon. Here it suggests that it not be used either in the back or the side for parking or for driveways and they are doing th::s. You have wall to wall pavement in these buildings. And this, I think is the thing that needs to be done whether it is R-C or C-1, this type of thing needs to be stopped and which- ever zoning you do end up putting into this area, this prohibition should be incor- porated into it. Mayor Ferre: You're talking about now an area of enforcement and I would hope that the administration would listen carefully to the statement that is being made. Mrs. Dunn; There is another thing that I see going on in that area which also involves enforcement and that is you have landscaping provisions on the develop- ing of these lots and they are doint it until after the inspector leaves and then they disappear and it is used for fender clearance between the buildings and the nextdcor neighbor's fence or wall which is not adequate to protect the neighbor's fence or wall. I can show you in my own block several occasions where fences have been damaged, walls have been knocked down and simply because the land- scaping has been removed. This is the sort of thing that really, I find my greatest personal objection to this particular area. AS I said when I started out there are five commercial installations in this two block area already and the type of apartment nuildings that have been put up there within the past year could easily be turned into office space. So as long as they're already there that's one thing; it's accomplished and they're grandfathered, But if in your consideration of zoning changes whether you leave 82nd Street as C-1 and change the rest of that quadrant to R-C which I'd go along with, you've already got the 26 FEB 121975 1 telephone company behind me, you've got apartment Buildings completely filling that 80th Terrace behind fie facing the new bank bu:.lding and the telephone cot- pang. There isn't Much we can do about that except as I said in the area of ehforced'tent which does need some serious attention. Otherwise, I go along with the rest of your recommendations. Mayor Pefte: All right, thank you very much, Mrs. Dunn. Mr. Robert Coppen: Mr. Mayor, members of the Commission, the Little River Com- merce Association who I serve now as President does endorse the proposed zoning changes with the changes also referred to here by Gordon Smith and Lorraine Dunn. We think that they should be implemented in tie plan, the overall study is to our complete liking. You can see just pictorially that it makes a simplified design for the entire are which we think will enhance the opportunity of growth and be compatable with our plans for the area. We know that this must now go back to the Planning Advisory Board: we think that the rapport that we have with the mem- bers of the Planning Commission are such that we'll have no difficulty implement- ing our thinking and working with the Planning Advisory Board so that these partic- ular changes can be incorporated certainly to our complete satisfaction for the betterment of that end of the City and we therefore urge your acceptance in main and allow us then to work with the Planning Advisory Board for the particular changes that we have in mind. Mayor Ferre: Now that sounds like a very good, in other words what you're saying is that we accept this in principle and then you go back and try to hammer out; the thrust of what was said this morning as I understand it is the difference between that area which is red which is C-4 from 79th Street west and you want that to be C-2. That really seems to be the main thing. Right? Yes. All right. Now you think this can be worked out? Mr. Coppen: I don't have any doubt about it. I'm satisfied that we're all thinking in the same direction and we're trying to achieve the same purpose and the changes in your zoning ordinances are an absolute must to go along with the plan. I mean if we were forced to live with the existing ordinances in the appli- cation of it to this design it would be unacceptable. But with the proposed change in the ordinances that go along with what the Planning Study is recommending to this body it makes sense. Mayor Ferre: Let me thank you and Mrs. Lorraine Dunn and Mr. Smith for your participation and for the ASsociation's active interest in the betterment of our community. Mr. Coppen: May I just make one further comment? The design that we have here has excluded one very important parcel of our end of the City is the Clark Nursery property and of course no recommendations are being made there because it would be determined that he would hve to come back in before you as a unit development project which I'm satisfied will be proper and fair to Mr. Clark and will be in the best interst of the City up there to handle it in that particular way. Mayor Ferre: All right, thank you. Are there other speakers? Are there any other speakers here this morning on this item? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-128 A RESOLUTION ADOPTING IN PRINCIPLE THE CITY OF MIAMI PLANNING DEPARTMENT STUDY ENTITLED "LITTLE RIVER COM- MERCIAL CENTER PLANNING AND ZONING STUDY" DATED SEPT- EMBER 1974, AND REFERRING THIS STUDY BACK TO PLANNING BOARD FOR FURTHER STUDY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT; Reverend Gibson. 27 F E B 1 2 197 +:? 36, PERSONAL APPEARANCE 4* MR, GUY BAILEY 4. BALL POINT PROPERTY tfSCUSStONj Mayor Ferre: All right, Mr. Bailey, the Chair recognizes you now. Mt. Guy B. Bailey, Jr., Esquire: Thank you, Mr. M;iyor, 1,;uy Bailey of Pettigrew and Bailey. Mr. Mayor, t am somewhat embarrassed to be on the agenda as an item, t had discussed this Matter before, a day that you were absent. I have since that time discussed the matter with your City Manager and your City Attorney's Office. I have made a proposal to them concerning the basis upon which we would be willing to proceed to cotnplete investigation of this matter. I have indicated to them an hourly rate with a cap on it because I know you can't get involved with any open-ended matter. If we don't spend as many hours as we think we might have to the fee, of course, would not be up to the cap. But we do think at this point that it is a matter that is still worthy of study. We've had several people talk to us since we were here last, :come other theories proposed, some suggested prob- lems raised. A lot of work still needs to be done on this and the press. has been very kind to me in being accurate when I did not represent to the City Commission that I was certain that this property was owned by the City of Miami but it still at this point appears to me to be a very real possibility that needs to be explored and at this point we need to have some time to collect information to get some geodetic surveys and to go back and explore the facts and collate the legal aspects of the case with the facts of the case. I do not like being here before the Com- mission to propose that I be hired if; I think the City ought to hire somebody to proceed with this. Mayor Ferre: All right, Mr. Bailey, thank you. Mrs. Gordon. Mrs. Gordon: Yes, I would concur with the approach the Manager and our Attorney and you have come to with the hourly rate with a cap and I would so move. Mayor Ferre: Is there a second? All right, now before we get onto the voting we're waiting for Mr. Plummer, would you speak to this point, Mr. Andrews and Mr. Lloyd? Mr. Andrews: May I first, before Mt. Lloyd speaks, make sure that we have an understanding that the City Commission, Mr. Bailey, the City Attorney and I all have this understanding. I whole-heartedly endorse that we undertake this for the fee that has been prescribed. However, Mr. Bailey has agreed with the City Attorney and I that the City Commission can exercise the option after the find- ing takes place - assumption now. Let's assume that Mayor Ferre: Obviously if the thing is weak we're not going to pursue it. Mr. Andrews: No. Hear me out, that's not it. After the finding, let's assume that we have a very viable case and the opinion of Mr. Bailey and his firm is such that the City should move ahead. We're not sure what costs we're going to become involved in after that and Mr. Bailey has indicated that as he would then like to litigate the case the City Commission is free to make the choice of what- ever attorney they want to choose after that so that he's not locked into some- thing that will take place after this initial fee. Mr. Bailey: That is correct, Mr. Mayor, if the City knows that it wants another law firm to handle it I would like to know that now and I will be happy to co- operate and turn over Mayor Ferre: No, no. What he is saying, and let me put it so that it doesn't become personal, Mr. Bailey in another terminology; see for example, we used a certain lawyer on the F.E.C. property and then when we went to appellate court we used another lawyer because he was a specialist in appellate work and I think what the Manager is saying is that whatever we do here does not preclude the pos- sibility of the City going in another direction. But that's always true in any relationship between a lawyer and a client. Mr. Plummer: Mr, Mayor, I'm sorry that I missed the first part and maybe what I'm going to say is maybe repetitious of someone else. Mr. Mayor, I have two concerns in this. Mr. Bailey, this is for discussion, it's not argumentive. Two things bother me. You know this F.E.C. property has been a, oh the Ball, it's the same they both have been hand in hand; but let me tell you my two areas of concern: (1) I remember back when this Commission's action stopped the fill- ing of the F.E.C. Now that is a different story and I understand it is a differ- ent parcel of land and I pulled the minutes of that meeting and good old Loud mouth here including everything he can include in the minutes, I brought out, "Now 1 is this goi,`ig to jeopardise our position? Is it gcing to subject the City to ahy kind of possible later problems?" and it was said ''No", that the new state legis- lature act had been passed and this was the way to proceed. But you know, it did coat us. •It cost us almost a hundred thousand dollars because we stopped the fill iA & litigation action and because of it F.F.C. came back and sued this City saying that when We stopped their they had the opportunity of buying fill at one price and how that they had been allowed to continue they were having to buy it at another price and because of that the City is now liable al:d the City did pay some hundred thousand dollars. Now we've got that thing thrown out of court, we gained nothing but we did cost, I'm not sure of the price was it about a hundred thousand; so what I'm trying to say is this City lost because of that action. It wasn't just file it we'll see waht happens type c'f action. That is my first concern. The second concern is this: When we were doing that before and I thin also on the Ball Point Property, and you can address this better than I can, there is some jeopardy when you cloud a title. In other words I understand that a man, and I can understand that well you know if you're going to sell a piece of property and you're being investigated or clouded I guess is the word, what liability would the City have if in fact we clouded that title or are we clouding the title I think is•the question. Mayor Ferre: Mr. Bailey, before you answer let me see if we can cut through very quickly. We're not talking about any litigation at this point nor are we talking about going in and clouding any titles or creating any problems. Mr. Plummer: Well Mr. Mayor, I disagree with you! I disagree because the minute that the first article hit the paper that the City is possibly got a very good action, that clouded it. Mayor Ferre: I'm not a lawyer,Mr. Lloyd can correct. Until we take the action we haven't done anything. Now all we're really talking about this morning very simply is hiring Mr. Bailey and his firm to do a research project for us into a matter which we're not satisfied has been sufficiently cleared. Now he will come back to Mr. Lloyd and say here's what I've found out after K-numberof hours of investigation and then Mr. Lloyd is going to talk to Mr. Andrews and they're going to come back to this Commission and say, "We've persued this as far as we can and there is nothing else to pursue (1), (2) There is a lot of open area here, we think we ought to proceed in the legal case or (2) there is a cloud and we don't know. Then that will have to be the decision of this Commission. Mr. Plummer: Mr. Mayor, I appreciate your fine remarks. But if Maurice Ferre was contemplating yesterday buying that piece of property from Mr. Ed Ball know- ing there was some research, as you call it, being done as to the possibility of that island not being what it is Mayor Ferre: Maurice Ferre would then want the research to be concluded because I wouldn't want to buy that property unless that item was tucked away and that's exactly the point. Mr. Plummer: The point and the question that I'm asking - Is that a cloud or in any way is that putting this Commission; all right, let's put it on the line, can Ed Ball come back and say because of what you all were doing I had to take $10,000,000 less and because of that I expect the City to pay it - That is my question! Mr. Bailey: I think the specific answer to your question, Mr. Vice Mayor, is that the last time we had a good case about this property something was said about the proposed offer. I think anything can be said. If the City took a position and were taking a position now by hiring us that there is something definitely wrong with this title and Mr. Ball and his company does not own it, I think that there might possibly be some liability. That's not what is happening now. The Mayor I think has explained exactly what we're doing. We are not say- ing that Mr. Bali or his company, St. Joe Paper Company does not own this land. But it is a very valuable critical piece of land to the City of Miami, there is some question in cur minds about it. WE think it ought to be explored and that's what we propose to do. That is what the City proposes to do. Anybody who buys land has to be clear in his own mind that the title is good and he is going to do that regardless and I think that is going to happen, somebody is going to do a title check, whoever buys any piece of property. Mr. Flummer; Mr, Bailey, I love the odds. The odds are great. For the little bit of money we're going to pay you to possibly recoup for this City I am only thinking of the long run. I think Mrs, Gordon is to be complimented for follow, ing this thing through and hopefully there is something there. But 3 am just thinking this City has found itself so many times of doing something and regretting 2 F E B 1 2 1975 it ver;i deeply later. I only raise that question. Mts. Gordon: J. L., may I just a very brief statement that the less said at this time in any shape or form. the better off we all are. So I would simply like to reiterate my motion that we proceed on the hourly tate with the cap and hope that you would second that motion and we go from that point on. Mr. Plummer: I'll be glad to second it, I said I liked the odds, t just wanted mine for the record, that's all. Mayor Ferre: There is a motion and a second. I m:.ght po:.nt out that this is the culmination of Mrs. Gordon and Mrs. Soia Mencikoff. Mrs. Gordon: Oh yes, if anyone is interested in the history it has quite a history and Mr. Danny Paul played quite an important part in the'initial directing of myself to Mrs. Soia Mencikoff, Dean of the University of Miami Law School and her professors and her students and it has had a lot of preliminary research donated and Mr. Paul took care of some of the donations and Mr. Bailey's firm took care of some of the donations. Everyone has a deep seated interest in knowing where we stand and I think that would be sufficient to be said at this time. Mr. Plummer: Well Rose, I'm surprised at you. Mrs. Gordon: Why? Mr. Plummer: Because you didn't give praise to one of our own who is a woman and I think Mike Carter has had a lot to do with this. Mrs. Gordon: Mike Carter was the first person to do research and I wouldn't leave Mikele out of this for anything because the fact that Mikele uncovered which was some of the facts that Mr. Bailey is working on which I do not choose to mention at this time, Mikele deserves credit for finding that initial fact. Thank you, Mike. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-129 A MOTION THAT THE CITY OF MIAMI EMPLOY MR. GUY BAILEY TO EXAMIDE THE TITLE TO PROPERTY KNOWN AS THE "BALL POINT" PROPERTY AND SUB- MIT HIS FINDINGS TO THE CITY COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. 30 FEB 121975 PERSONAL APPEARANCE MR, MARTIN FINE C PROPOSED AG(T.WIfiH CENTER FOR URBAN STUDY OPERATION OF CITY PARKS (A) PROPOSED CONVE ION CENTER Mr. Martin Fine: For the record, ny name is Martin Fine. .['m here as an inter- ested citizen and taxpayer. I live at 58 Semana Drive in Bay Heights. I'm a neighbor of Mr. Reboso's. Mr. Mayor, I'll be glad to follow this procedure in any way you like. t have three items that I'd like to do and t'd like to take them one at a time and I'll be as brief as I can. As you know I have appeared before this Commission for about 6 or 7 years at Budget Time to try to review some of the matters on the Budget. I am absolutely convinced that a citizen of this community has no input in your budget process. I don't think that's by design or evil inclination of the Commission or the Manager but rather that there is no way to have a meaningful input because we never get tD see the budget really until it is approved. Candidly, you have to be an FBI agent to get a copy of it before it is finalized and you have to have some good friends around the City who will give it to you, In the past I have had those friends and still have them, I guess and get a copy. And when you come down it is too late to make any changes because we're always racing against deadlines. In October of this past year you were kind enough to pass a resolution saying that based on a suggestion I had made and possibly others that you would instruct the City Manager to contract with the Center of Urban Studies at the University to review the budget on a quarterly basis and determine which functions may be transferred to Metro and which mar stay here and to determine which efficiencies if any can be affected within the City Government. As of this date that has not taken place to the best of my knowledge. I think it is important to see where we are on that. I think the Center is a fine institution. The Accounting Department at the University used to do this years ago, I've determined. I don't think they're the only ones that can do it but I think somebody needs to do it. I think someone needs to represent us as taxpayers to make sure frankly that the administration is doing a job it is supposed to be doing. Mr. Andrews was kind enough to write me a letter and say that there are two C.P.A. or management firms who were doing a management review on portions of it. I don't quite believe that is what we had in mind or I have in mind and I would just like to know if you all intended to do anything with the center or just what the situation is. Mayor Ferre: All right, let me speak as one. You did come up here three months ago and I think at that time I commended you and I agreed with your statement. I still commend you and I still agree with your statement and I think that some- thing oubht to be done. What we're talking about is not a one time management overview or review. What we're talking about is a continuous monitoring service which we live in a day and age where this is almost essential in government. And the truth of the matter is that the City of Miami does not have any mechanism to do that and I think it really is something that in management and in big companies even the small companies we're learning to do that where we put checks and balances so that we know that what we say is going to happen is happening. And when it doesn't happen we check it out. I think it is a valid suggestion, Mr. Andrews. Mr. Andrews: And I agree, and I've already met with the Urban Studies, Dr. Perry in reviewing this and relating it to the total matter of the services rendered by Metropolitan Bade County and those rendered by the City of Miami. We're going to meet again to try to come to come conclusion as to how they may be of assistance. But in fairness to the urban studies and to Mr. Fine, I don't know that the univer- sity is the best institution to make such a review. Mayor Ferre: Mr. Fine: I Mr. Andrews: to establish He's not saying that it is. didn't say they were. Well then I don't know that we should just move ahead and attempt an agreement with them in which they would provide us with quarterly. Mayor Ferre: No, Mr. Andrews, let's get the policy of this matter clear so we understand direction, Now I think the inference was that we ought to create some kind of system to check on our budget procedures and that is what I think this Commission concurred with. The specifics as to how to go about doing that is something that I think you and the administration has to recommend and we'll either accept or reject or modify. Now I don't think that it necessarily ties down the University of Miami. If you find a service at FIU that serves the job better. Now frankly, and I agree with Father Gibson that the closer to home you can stay on these things perhaps the better off you are. Mr, Andrews: Well, I didn't want any misunderstanding because the resolution that was adopted or the motion that was adopted is quite specific in that it FE812197 MO "A motion 'requesting the University of Miami Urban Studies Department to do A quarterly review of our City's budget and requesting the City Manager to btifig to the Comfission sore ;specific answers with regard to the moneys due and owing to the Mrs. Gordon: Well since we did pass it and that was specific why wasn't it done? Mr. Andrews: We're in the procss of setting up the mechanists to do that with the University. I've already Ivt with them and we've initiated this process and it says not only a quarterly review Mayor Ferre: Ok, so we can cut through it very simply, what Mr. Andrews is saying is he's had a lot of problems and things to do for three months; and what Mr. Fine is saying is look, three months has gone by, are you going to do it? Yes or no. So the answer is yes, we're going to do it. And the way I see it is: Yes, we're going to do it with the University of Miami if you agree. If you disagree them come back and tell us - I don't think that Dr. Perry's staff has the depth to do the job and we want to go to so and so university, FIU, what have you. Mr. Fine: Make one other suggestion, if I may. Approximately 6 or 7 years ago the City Commission and the County Commission appointed m€.mhers to serve on a Con ittee, Colonel Mitchell Wilson aas chairman of that committee and it was very effective and analyzed this. This was a budget review committee particularly in terms of those functions which might be turned over to Metro because they were by their nature on a metropolitan basis. I remember some of the items for example were some forms of street lighting and highway maintenance and many items amount- ing to many millions of dollars of savings of the City of Miami taxpayers were turned over. What I'm simply saying is I think there ought to be an opportunity for people who pay the taxes and pay the salaries of all the people that work here to determine whether or not their dollars are being most prudently invested. And I can tell you as a frustrated taxpayer I don't think they .ire. And I really now am determined this year that if I don't get an opportunity to have some input I'm going to go to the courts and try to get some input because I think it is wrong to sit back and say we're not going to let citizens say how their money should be spent. Mrs. Gordon: Ok. Nr. Andrews, when will you be able to negotiate, when will you and the University come to an agreement, how much longer before the first quarter's report will be in their hands? Mr. Andrews: I'd say within the next month I should have an understanding with the university. Mayor Ferre: All right, I tell you what. We're going to appoint a committee and My appointment is going to Mr. Marty Fine and if each one of you would then a,?point somebody, and I'm going to put you as chairman, and then it will be your problem to get your committee together and work with the administration and come back and report to us on your findings - this is a temporary committee, you understand for the purposes of citizens input on this matter of budgetary procedure. Mr. Fine: Be glad to work with anyone. Thank you. The second item I'd like to share .... Mayor Ferre: Wait a minute. Now you understand each one of you will appoint some- body on that committee. I would like to have that appointment made by the next meeting. Mr. Fine: Without being presumptuous I can tell you Colonel Wolfson was chairman and has a great deal of interest in this field and I don't know whether he has the time. He certainly has a feeling and understnading of this. Mayor Ferre: I've made my choice and if somebody else wants to appoint Colonel Wolfson that's fine. All right, we have a second appointment of Colonel Wolfson. You'd tetter talk to him. All right. And then if you will schedule it on the agenda for the next time, Mr. Andrews. Mr. Fine: Thank you, Mr. Mayor. I wasn't looking for a job and I'm glad to do it because I believe in it. On several occasions during the past years I've chatted with this Commission about the fact that in my opinion the City of Miami Parks should be transferred to Metro. I think that this particular type of property which is transitory in nature, that is used by all the taxpayers of the county is such that we in the City are being taxed twice. If we go to Crandon Park it is county taxpayers who are paying taxes for that, If we use this new magnificent Dinner Key Park which I think is just absolutely lovely and I ride my bike there 3. FEB 12197 ever'ytLiMe I can, we get taxed for that. But if Dade County taxpayers use that park they don't get taxed at all. In January of 1972 then City Manager Reese filed a very extensive report detailing the feasibility of transferring the park. Subsea queht to that Mt. Ferre, you appointed a committee chaired by Walter Ettling to study that. And I have a report of that committee and that committee unfortunately in my opinion also was burdened with the problem of the Orange Bowl transfer paten- tially and it got very cumbersome and very sticky. And I suspect there were a lot of things that happened that one won't know about because there was a lot of back. - staging going on there I think. But basically the committee recommended that the parks be transferred and then as all good lawyers do they raised legal questions about the bonded indebtedness and it got mi:-ed down into as lot of legal technical- ities and a lot of discussions have taken place over the years. But the fact of the matter is that the parks have not in my opinion been stidied enough from that point of view and what I would like to suggest to you is that in the best democratic tradition you give the voters of .the City of Miami an opportunity to determine whether it should be turned over after the City and the County has appointed their administrative staff to evaluate the program and then put it on the ballot in November of 1975 election. Now I've read lots of minutes of the City Commission Meetings dealing with this particular problem. There are a lot of people who feel strongly that it should not be turned over and I admire them for that. I per- sonally feel that it should be ::urned over. But I have a very open mind about it and if the City Manager and his fine staff of the Parks Department people and if the County Manager and his staff of Parks Department people put a document in front of me as a taxpayer and voter on which there would be public hearings on' which I could have an opinion formed based on actual knowledge and frankly savings to the City of Miami taxpayers and yet have the full use of it, I think it is appropriate for you to pat it on the agenda, the ballot rather. I think there and at that time that the City of Miami once and for all through the most democratic process we know can express itself, the voters and taxpayers whether they should be Mayor Ferre: Now Marty, you and I get along pretty good on most things and I want to take you on on this. I'm going to put it to you this way►. The democratic sys- tem works on the basis of elected officials. People are elected to make decisions in government. When they make a series of bad decisions they get thrown out. Now government by referendum is good to a certain point. But if this country were to be run on a referendum basis it would be pandemonium in the country. Now I'm going to tell you just point blank like I did last November; I'm going to fun for office. I'm going to run on the basis and on the platform of not abolishing the City of Miami and not giving any more Departments over to Metropolitan Dade County. If the people of Miami want that, fine. If they don't then I would recommend that they vote against me because that's exactly what I'm going to be running on. That is what I ran on last time and that's what I'm going to be •running on again. Now I'm going to tell you something, we have 5 departments left in this City of Miami. We've turned everything over. We have the Police Department, we have the Fire Department, we have Parks and Recreation, we have Public Works and Zoning and we have Sanitation - that's it. That is the City of Miami and that's like to me we've got five legs left on the table and I don't think this table is going to be very strong if you take any more legs away from it. Now time and time again I've come up before Metro, we turn over Water and Sewer Departments to them and we end up having all kinds of problems. We turn over this department, and if I were con- vinced that turning over functions from one government to another made it more efficient, if I could turn over the state functions to Washington and let Washington run Tallahassee, fine. If we could turn over Dade County to Tallahassee and let Tallahassee run the county, fine. But it doesn't work that way because government is government and to me the higher up you go the worse the government becomes because the more bureaucratic it becomes, the less accessible to people. Now the argument is to whether or not there are some parks in Miami that are regional in nature. I understand the premise and the logic of that. But let me tell you that is like saying that you're going to take several cylinders off of a car and it is still going to run. There is no question that it is going to run but it is not going to run as efficiently with four cylinders as if it had eight cylinders. The point that I'm saying is that if you take away from Miami the Orange Bowl which pays for itself and some of these other parks which don't pay for themselves. Mr. Fine: I didn't have in mind the Orange Bowl. I don't know anything about the Orange Bowl. Mayor Ferre: But the Marine Stadium, if you put them all together they pay for themselves. Right now it is pretty well balanced. And if we take these so-called regional parks away, they're only four or five - Bayfront Park, the Marine Stadium, the Orange Bowl and maybe one or two others - I think what you're really doing is weakening the Parks System of the City of Miami. Now, I've been to the County parks, Let me tell you I think the City of Miami parks are not as good as they FFP 1`1975 should be. But I want to tell you this, they're a hell of a lot better than the county parks: Mrs, GordonMaurice, you didn't mention tie programs Marty that the City offers. And I received a lovely letter fro.n you aid l retliy appreciated receiving it. But the prograi s that the City of Miami is able to provide for the people of the City are fantastic, the day care for the children, the day care for the senior elderly. I think we would be so watered down if we ever becafne involved as a portion of the whole Parks System of the county we would suffer tremendously. Mrs Fine: Mr. Mayor, I would like to respond very briefly to your statement. I'm delighted you're going to run and always as in the past I'm not only going to vote for you but work for yos. But I must say to you that I think you take this on a little bit of a too parsonal basis. I see nothing inconsistent with your taking that position, putting it on a ballot and letting people make their choice and still vote for whoever they're for. You see, I think there really is an opportunity here. Mayor Ferret You see, if I accepted that argument, Marty, excuse me for inter- rupting you, then if somebody else got up and said, "Well I feel the same way about the Police Department, I think the Police Department ought to be turned over to Metropolitan Dade County Mr. Fine: It may very well be, for example, I have before me a vote you took of 1964 where there were 10 issues on the ballot. That wouldn't be the most serious problem to put on the ballot. I wouldn't object tc that at all. I'd happen to vote against it at this minute because I think the City of Miami Police and the Fire Department do one of the best jobs in all the county. Mayor Ferre: Here is the logic of it. In 1967 or 8 we went on a referendum on the Police and Fire Department to Metro and we won it three to one. Now I want to tell you that since that time we've gone to the public on two other referendums because to me a bond issue is a referendum. And with the exception of the downtown Government Complex we won it two to one. So that means that the people, the citi- zens of Miami are willing to spend their money in improving their parks. Now anybody who votes to improve their parks certainly is not ',oting to turn them over to somebody else. Mr. Fine: I don't want to take too much more of your time. I'll give you one last analogy and that is I'm sort of pleased that I had a little something to do with helping convince the City to turn over and the County to accept the library system. I think that is a typical example where the City was not weakened but rather strengthened because it saved a lot of money. The County is expanding the Library System on a very big and wonderful basis. Instead of the County tax- payers paying .25 of the mill and the City taxpayers .87 of the mill, we're all paying a half a mill, it is much more equitable and I guess we could sit here all day and go over it but I merely submitted it because I think it is appropriate and do whatever you think with it and I'd go onto the next item. Mr. Plummer: Morty, before you do you know you have an open mind. Mr. Fine: I really have. Mr. Plummer: You concur. But you know one of the things that we're addressing ourselves and were instrumental in in the Dade League which I happen to be Presi- dent of this year, and I think I want you to give some thought. Last year the Dade League was instrumental in proving to the Manager of Metro that in fact the City people were paying for municipal services provided in the County. Now, there is an additional tax that was instigated this year for the people in the County to pay an additional tax this year for just policemen but for municipal services which we, the citizens of the City were paying. Now, all I'm saying is to me that is the logical answer. Mr. Fine: Are we going to collect it? Mr. Plummer; They've already collected it. Mr. Fine: I mean we, the City? Mr, Plummer; Well, but you see, I think that: is one of the things that helps to keep our taxes from going higher, not reduce them but from going higher, Now I think that Marty Fine should dwell on that problem and fight just as hard to make FEB 1 2 1975 the County provide a tax for the municipal services that are being provided in the unincorporated areas. Because if there is a great injustice that's where it is. Mr. Fine: I think we're in accord that there is an injustice somewhere along the line and that we City of Miami taxpayers get it in the neck. I'm not as big a property owner as I'd like to be but I own a lot of property in town and it is all in the City and I'm getting a little tired of paying too much taxes for it when I think a lot of people in the County are using out parks and not paying any. And if the other way to do it is ok it's fine with me. Mt. Plummer: Well, I hope you'll explore that avenue. Mr. Fine: 1 vall. Mr. Mayor, members of the Commission, the last item I wan: tc talk about is the Convention Center. My only basis of being able to talk about it is what I read in the paper and heard on televisaon and that was that you all plan to build this convention facility on Flagler Street near 2-95 in the Govern- ment Center and I would like to ask just certain questions and raise certain obser- vations about it. Mayor Ferre: Marty, let me bring you up to date and that might answer some of your questions. The voters of the City of Miami voted 10 years ago for, and there is 41 million dollars which is now down to about 4 million 3. Obviously that isn't enough to do anything with. So we've been kind of stumbling around looking for money. Now what we did is we sold a piece of property at Virginia Key and we got 5.3 million dollars. With that we also got a commitment from Metro that they would make available to us a piece of property that would be acceptable to us within walking distance of the main parts of downtown that would be available for the construction of this auditorium, arena, whatever you want to call it. Now we haven't decided where it is going to be yet. Mr. Plummer: Excuse me, sir, you are wrong. You were not a member of this Com- mission when we held public hearings the site was chosen, a general site was chosen through the public hearings and this Commission is still on record as to a location being chosen. Mrs. Gordon: I agree. It is specifically in the Government Center and more specifically close to Flagler. Mr. Plummer: Right, but that's definite. Mayor Ferre: All right. Mr. Andrews: We are however, rather than just proceding on the basis of the Government Center because we've gotten so much word from those who are planning the Government Center site, the Downtown Development Authority adopted a resolut- ion just recently asking the City Commission to reexamine the location of the con- vention facility and the coliseum, whatever it will be finally in the Government Center site. We're now making a thorough review of all the sites to come back to the City Commission in relation to the decision that you've taken as to its locat- ion because there's been so much concern expressed as to the location of that facil- ity and mixing that facility in with all of the governmental operations that will go at the site. Mayor Ferre: Ok. I'll tell you my personal opinion is that this thing may have been decided by the Commission more than once. Because it was decided by the Com- mission also when I was on the Commission and it was going to be put over by Ball Point and that was turned down. Then it was going to be put somewhere else so I think this thing is still up in the air. As far as I'm concerned the best place to have it, just my personal opinion, is much nearer to the downtown college. To me the perfect location would be right adjacent to the downtown college. But we may not have any property available there. To put a convention or an arena or what have you 6 blocks away from your major hotel area is absurd because Govern- ment doesn't use an arena. Mr. Plummer: Mr. Mayor, let me and I'm not going to take but maybe half a minute to tell you why the Commission came to the conclusion, (1) it was at the urging of almost every merchant on Flagler Street that if in fact you put it over in the other area the people would not walk through the areas and possibly buy mer- chandise, (2) The Government Center had more, was going to have more than ample parking so that would be eliminated, t.he problem of parking. (3) Tn fact the Government Center could use the facility for hearings and public hearings and things of this nature including this Commission, F E B 12197 Mayor Fetre: A 12,000 seat arena; Mt. Plummer: Ok, but it was in that general area. i don't know where the 12,000 seats came from. Mayor Ferre: Well the 12,000 seats is a minimum stanlard specification Mt. Plummer: No, sir, I think if you will review the minutes you will find that we spoke of a 7,000. Mayor Ferre: Well I'll tell you I'm glad you told me that because t am violently opposed to that one. Mr. Plummer: Well I'm just saying this is the record of this Commission. Mayor Ferre: That is to build a model T Ford in 1976. Mr. Plummer: Then you'd better go back and change Mr. Lew Price's way of thinking because he came here with statistics stating before this Commission that 90% of the conventions in the United States are 7000 or less. Mayor Ferre: J.L., I'll tell you, I'm telling you that when I served on this Com- mission in 1969 Mr. Lew Price came here and steve Clark was the Mayor and I distinctly remember the discussion between Dave Kennedy and Steve Clark who made the motion that to build anything smaller than 12,000 seats was absolutely ridiculous because that was the minimum that was required for professional.... Mrs. Gordon: Maurice, I have a good idea. If the Manager would compile all history on this matter and furnish it to us we can save some time right now. Mr. Fine: I'll just take a few minutes and I'll just tell you the only thing that I'm sure of now is the complete uncertainty that reigns about this whole problem. You all are up there and we all out there are paying the taxes and I know what I read in the papers so let me give you a brief history of what I see it as a taxpayer. Mayor Ferre: Go ahead. Mr. fine: In 1964 you had a ba.lot and one o': the items on the ballot and Mr. Lloyd can attest to this, you have to follow it very clearly, was for the con- struction of a convention center for the City of Miami including pertinent park- ing facilities and the acquisition of any land. So we can't talk about marinas because it talks about convention centers. By the way, if you're interested the vote was not an overwhelming one. It was 8160 votes in favor and 6592 votes opposed. Now that's 10 years ago. In terms of the way things are changing through future shock and present shock, 10 years ago in the last decade is like 100 years ago before. And since that time an awful lot has happened. (1) The bonds were sold in 1969 at a very advantageous rate of 5.034%. It was 41 million dollars worth of bonds. Now there is one particular item, Mr. Ferre that I'd like to bring to your attention and that of the Commission and I wish Mr. Lloyd might check this. I've written to the City Clerk and determined that because the rate was so low obviously the funds have been invested and you all have had a sur- plus of$36,417.94. I would believe that those moneys by law should stay in the convention center account. But I've been told they have been used for other bonded indebtedness. Mayor Ferre: We've been through this before so let me clear that up. The money has been used for the reduction of debt. Mr. Fine: That's not what your City Clerk sent me in a letter, said it was used to pay other indebtedness and I have the letter here. Mayor Ferre: Well that's what I just said, the money was used for the recuction of debt. For the reduction of debts, of all debts, all City of Miami debts, Now there is about $200,000 of that used in architectural plans with the firm of Pan- coast Ferendino and Grafton back in 1969 for the Convention. They did half way design this thing, Mr. Fine: The paper said and other media that it was going to be on Flagler near I-95 and the following questions come to my mind: Since that time one of the most major exposition and convention halls in the country has been built over in Miami each and I wonder if we're really going to be competing with that facility, (2) I wonder if any feasibility study has been made in connection with F E B 1. 2197 the proposed location. (3) Has the Chamber of Cofltflerce and particularly as you pointed out the downtown businessmen and downtown hotel owners approved of it. I just heard this Morning the iowntown Development Authority hasn't approved of it and they surely would be one that ought to be connected. I don't whether the Metro publicity and the City of Miami Publicity and 'Tourist Department has approved this location. What I'm really getting at is it seems to me that the City in doing a very good negotiating job with Metro oh Virginia put its hands on 5 Million dollars and said gee -whiz, now we'll go ahead and build this facil- ity. For example personally because I have an interest in housing I think that Maybe that 5 million dollars could be better spent for housing or other City services and I think you all ought to have a public hearing so hot only the City Commissioners could decide on it but the people who are going to pay the bill could have a little bit of input and get a feel of where this ought to go and When it ought to go and how it ought to go and if it ought to go. By the way, I happen to be in complete accord if you build one that the Junior Co..lege in that area would be a fantastic site. One of the things that I just wanted to conclude on with the convention facility; it seeme to me that when a public im- provement of this nature is built that it ought to precipitate and be the catalyst for private investment. I don't think another nickel will be invested in the area where they're contemplating now. Mayor Ferre: That's a very good point. Marty, let me just express my opinion on this. (1) I think that we, it is more important to me that we get going with this than where it is located, within reason. In other words I think doing it is more important than where it is going to be. And frankly Mr. Fine: Not in the wrong location, I hope. Mayor Ferre: Yes, but I think the wrong location is relative because as long as it is in downtown Miami there is no "wrong" location. There are better locations. I would prefer to see it someplace other than others but frankly if push comes to shove and doing it or not doing it, another 10 years of lag I'd rather just get going with it. Mr. Fine: You and I would have a serious difference of opinion on that. Mayor Ferre: (2) What is much important than the specific location is the size. I'm strongly against a facility which would be so small that in affect it would not have any real basic use. (3) I think that we have to, avoid very very care- fully the duplication of what already exists in the community. And by that I mean Miami Beach Convention Center. So therfore, as I see it in a description of what a convention center is as we described it before and actually we drew it in plans. It was a two phase operation. The first part of it was going to be an arena, auditorium or whatever you want to call it. The second part of it was going to be an exposition hall. Now, we were going to build one and not the other and then when we had the money we were going to build the second one. The tab on it when Ferendino and Pancoast drew it up was going to be about 11 or 12 million dol- lars. I'm sure it will be 15 to 16 million dollars now. Now I agree with you, I think we need a public hearing and I assure you that we will have one at the appro- priate time. Now within the next month or two. I'm going to be coming to the Com- mission on several items which will touch upon this. I hope that this will be one of them as to how to get some of these downtown projects going under way. Mr. Fine: I know how seriously the construction industry needs work but I don't think we need buildings in the wrong place at the taxpayer's expense. Mrs. Gordon: Before you leave, Marty, I'd like to tell you that there was going to be a short slide presentation. Mr. Fine: I am 'ping to stay for it. I heard that. Thank you. Mayor Ferre: Thank you very much, Mr. Fine for your candid thoughts. Now we're going to hear from Mr, Siggy Zilber to discuss the City Code requirement and application for certificates of public convenience and necessity to operate a taxicab being able to pass a geography test. • FEB 121975 445 4,44 Mr. S. Zilber: PERSONAL APPEARANCE Mkt SIGMUND ZILBER Good morning+ Mr. had brought to your attention the need to we thought eliminate the geography test requiting for a Man to drive a taxicab in the City of Miami, Since that time as we all know our unemployment rate has gonv up very high, the highest it has been in 35 years and even with this tremendous amount of manpower around the drive cabs we are still hot being able to get enough to pass the test in the City to drive our taxicabs. There are only two cities in Florida that require this test and that is Miami Beach and the City of Miami. Cities like Coral Gables Which are much more difficult to drive in do not require it; Hollywood, fort Lauderdale, Tampa, Orlando, Jacksonville do not require it. Many of the major cities in the country do not. We have found that when a man who has been out of school for 15 or 20 of 25 years walks in and has to take a four page written examination that it becomes a very difficult situation for him. We get numerous applications, this is a stack of applications that apply to just our company in the last two and a half months -since January 1st. There is over 200 applications here. These men for some reason or another have never passed the test or even taken the test. The ones that passed we have in another file. We've had about 50 men pass the test and come back to work for us in this same period of time. Now most of the cabs in the City of Miami, 390 of the 434 are radio dispatched. A driver can pick up his microphone ask his dispatcher where a location where a building is or where something is and be told. We feel that this ordinance was passed 40 years ago when there were no two way radios. REQUEST TO ELIMINATE GEOGRAPHY TEST ON APPLICATIONS FOR CERT- Ft CA0ES OF PUBLIC CONVENIENCE ANb NECESSITY Mayor and Commissioners, back in September f Mayor Ferre: All right Siggy, let's get right on. That is enough of an explan- ation of it. Let's get on to the administration and then we'll decide. Mr. Andrews: Mr. Mayor and members of the Commission, fact #1 is that the County is considering in its ordinance adjustment for the taxicabs and control of them throughout the County. They will require a geography test. (2) The City of Miami in the last statistical breakdown by month of examinations we've discovered that Mr. Zilber who had 10% of the total certificated cabs in the City of Miami that 40% of the people who required the examination and who had difficulty with it come from the Zilber organization. The rest of the companies involved are not having the kind of problem that they are having in having their drivers pass the examinat- ion. The City of Miami provides the examination materials. In other words the geography test that we're talking about, we furnish the location and the addresses of those locations such as the hospitals or the Chalk's Sea Plane Base, we supply that information to the drivers prior to taking the examination so they can study this material beforehand. It is a matter of being acquainted with the City and here we have the testing materials that we give them, we don't deviate from that and anyone who has any comprehension in this area and a taxicab driver should have that comprehension, would know how to answer this examination without too much difficulty. I recommend that we continue wi':h the geograp4 aspect of it. Mr. Zilber: Mr. Mayor, on a couple of points Mr. Andrews made; although we operate 10% of the cabs in the City we are hiring for all of yellow cab systems which is over 50% of the taxicabs licensed in the City of Miami. So those ratios are not proper. And this is the first I've heard that they are giving the information. This has never been done prior to this and it is the first that I've heard of it. Mr. Andrews: I say I understand that is not correct. I was under the impression, come up here, sergeant. Mr. Zilber: We have requested this but it has been turned down to us that the test be given to the people prior. Mr. Andrews: Are we not furnishing the information as to what we're going to test them on beforehand? (INAUDIBLE) Mr. Plummer: Well, Mr. Mayor, if I can you know in all fairness, I think that list of what you propose to give to them is great but why not just give them the damned thing and let them go ahead and be a driver? Now you know it seems like to me, and by the way Paul, the statement about what Metro is proposing as you well know that I went down there and we voiced 10 objections to what they are proposing because we think they're unreasonable, Now anything between what they're proposing and what they do is purely coincidental. I don't think there is any question that M.r, Zilber is telling the truth when he says he's having a problem getting drivers, Why would he be here otherwise? Why would he be wasting his time? Now the point FEB 121975 that I'ft going to make is you don't put this kind of restrictions on other people such as truck drivers or ambulance drivers or people of this nature, If ih fact the important thing is that they have a knowledge of where this building is and what the address is give them the list with all of those or Make it manditory that they carry that list with a City of Miami snap: But to put a stumbling block to keep a man from getting a job I think is unreasonable: Mt. Andrews: All right. All I want to do is point out to the Commission that we're lowering the standard here. If the Commission takes this action what you're doing is actually saying people who were not capable of passing this kind of test now no longer will be needed. You really will have no checks and balances to whether they take the shortest route or they get from one location to another in the City and you're lowering the standard. No matter how you look at it you're lowering the standard. Mr. Plummer: Paul, I don't deny that one bit. Bttt let me tell you something else that you're not saying. This Commission also reserves the right that if you start getting complaints and come back to this Commission with a number of justified complaints that we can't reimpose it. Mrs. Gordon: J.L., you could take the position of a 6 month trial basis. Mr. Plummer: Take it on a one month, a six month or a year, I don't care. But I think that there is a problem, that the man surely isn't going to come here and waste his time unless there is some basis. Sergeant Webb: Sergeant Webb, I'm the supervisor in charge of the taxicab divis- ion. In answer to Mr. Plummer's question we do have a number of complaints and this is practically daily that citizens come in to Miami Mr. Plummer: With the rule existing. Sergeant Webb: Right, with the cab drivers taking excessive trips at the citizens' expense. Mr. Plummer: You've always had that. Sergeant Webb: Well we continue to have this, their numerous and we receive these complaints daily. Mr. Plummer: I'm sure that people that are dishonest but they were dishonest 10 years ago and tomorrow they're still going to be dishonest. That's why we've got you to enforce it. Mr. Andrews: But you're making the enforcement aspect of it far more difficult if you lower the standard, you're building in an addi:ional problem. Mr. Plummer: Paul, are you going to go out and impose the same regulations on people that are in the transfer business? Are you going to go out and impose it on ambulance drivers? You don't! Now all I'm saying is you know one thing with government is the fact that they try to impose too many laws, unworkable laws. Now I'm saying that this list can be provided which would be beneficial and prob- ably very beneficial to people to have a license today together with a map of the City of Miami and make it a must. As they do, they have to have their license in the cab -make it a must they must have that in the cab. Try it for a six month basis and if we don't get any big flack then leave it as it.is. If not, change it back to the old rule. Mr. Andrews: Won't the Commission consider at least as a first step to see what the results would be to have the City furnigh to the perspective drivers a list of geographical areas that we're going to test them on before you go to the drastic step of not requiring it at all. Mr, Zilber: Mr. Mayor, can I answer that? Unfortunately, we do not get Phi Beta Kappas and college graduates as cab drivers. A man who has not been in school twenty years has a hard time memorizing a hundred locations and when he walks in and sees a four page test he chokes. We've had men caught cheating in the last month or two and I think it is disgraceful we're making men who want to work, who don't want to go down and get .welfare, get unemployment checks to stoop to the position to pass to get a job. And I think it is disgraceful, I think what we're doing now, I think the same thing will continue to happen if we do this, 9 MI 1 1975 Mt. Andrews: Mr. Mayor and members of the Commission, we're exaggerating or he is ekaggerating the conditions. the last ekamination or several ekatflinatiohs that were given indicate that 80% of the people that take the eitanination are passing it. We had 489 applicants over a out and a half month period, Of the 489, 356 passed the examination, 'Twenty=seven were rejected for other reasons, There were only 71 that were associated with Mr. 2iiber and 62 others from other companies that failed, Eighty percent of these hatre passed the ekaalination. Mr, Plununer: Ok, let me give you another alternative, tet me run this by Liggy, Why don't you give the man the right to work, give him a three month trial basis at which time he will have the opportunity to study this geography problem, And at the end of the three months make it mandatory he take the test, Right, a probationary basis, Mr. Zilber: We'd be agreeable with that. I'm sure a man that has driven who has driven a cab for three months then could pass this test. We give material now for the men to study and they can't pass. We pass four page study sheets to all of our men and although the information is there they can't memorize it. Mayor Ferre: Sergeant, what do you think of that last proposal? Sergeant Webb: No, sir. Once we issue the chauffeur's registration it is extremely difficult to revoke it. Mayor Ferre: All right. I think the issue is clear cut and now it is just a question of what the will of the Commission is. Mr. Lloyd: I'd like to speak to that subject. The Sergeant is right, once you issue a man that Chauffeur's License you have to have a hearing, notice and you get in trouble with the federal courts if you don't do it that way. We already have been. Mrs. Gordon: What about instead of eliminating it, just shortening it to the basic geographical informations that are necessary like within the City of Miami there is a checkboard type of street and avenue system and that sort of thing, where expressways are and you know, the major geographicals. When they come into town they should at least know that. Mr. Zilber: Commissioner Gordon, we would go along with that. I would like to pass these out to you. Mr. Andrews: Mr. Mayor, may I suggest that you also hear from Mr. Bill whaley who is here from Diamond Cab because I think he has, unless I'm mistaken, he has a dif- ferent view of this whole matter. Mr. Zilber: Let me try to answer Commissioner Gordon when she said; as you notice on this piece of paper we list the seven causeways, the four expressway which way they run, the main thoroughfares through the City of Miami plus the way streets, Avenues, Terraces and Lanes run. WE would feel that would be a sufficient test. The men would know the causeways to the beach, they would know the way the Avenues and Streets run, they would know where the expressways are and they run east, west, north and south. That, we feel men could pass and would give them a basic idea of how to operate in the City. We could fill everything else in by radio. Mayor Ferre: All right, Mr. Bailey, go ahead. Mr. Arthur Rosenberg, President of Aircraft Taxi: Happily or otherwise, I've been in this business 24 years. Part of our operation is in the City of Miami. However, we do operate in 8 other communities. And I wish to point out to this Commission during the course of our life in the taxicab business we have hired thousands upon thousands of drivers. Any the other communities, the people riding cabs are equally as concerned as to whether they are going to be taken to their destination by the most expeditious route. AS operators it is our concern to see that they are taken by the most expeditious route. We screen our drivers upon application. We give them a geographical test. However, we are further assured that they are going to do a good job because we instruct them to this extent- do not roll your wheels unless you know where you're going. If you don't know where you're going check with your dispatcher. Now we have not over the period of many years had complaints which would phase us, In other words they were so infintessimal that it has not been a problem, So therefore, I seriously feel that we are putting a road block as Ziggy has indicated in line of met, who desire jobs, Now there is no difference between a person who wants to travel in the City of Miami or the City of Hialeah, They traverse the same roads, they go to cross the destination and a Hialeah Drive or a North Miami driver has to know where the Du Pont Building is. I tried to get 4 tU FEB 21975 my point there. We're trying to d, the job and I don't think that the test is accomplishing it. Mr. Bill Whaley: I'm Bill Whaley, Manager of Diamond Cab and I've polled the certificate holders that are members of my association anu they are unanimously against any discontinuation of the geography test, t think that it keeps your service the way it should be and I think it helps it considerably. Mayor Ferre: All right, Mr. Whaley, thank you. Mr. Armett Lee: I'Mn Armett Lee, I'm Manager of Magic City Harlem Cabs and I do believe that Mr. Mayor and the rest of the Commissioners that with the eliminat- ion of some of these geography tests it would be much helpful to the drivers because they are a lot of drivers who just like Mr. zither says that they've been out of school quite a while. I could make up a test that couldn't anybody in this room pass, one time or another you've never been to this particular locat- ion and I think it would help all of us. Mayor Ferre: All right, I think... Mr. Bob Stock? My name is Bob Stock?, I am assistant to the president of Univer- sity cab. We don't require this test in Coral Gables and I guarantee just like the gentleman said that most people would get lost in Coral Gables. But we do the same as Mr. Rosenberg said - before the driver moves his wheels he knows exactly where he is going in the most expeditious way and the quickest way to get there. Thank you. Mayor Ferre: All right, further discussion? Mr. Plummer: Mr. Mayor, I think one point that hasn't been made that I've observed during this conversation; our concern seems to be about the fact that a man would take a long route instead of a short. Because he is going from point A to the Du Pont Building and just because he knows where it is doesn't mean that it's going to be the shortest route or the longest route. If anything, if he knows the territory better he knows how to find the long route instead of the short. So I think that has to be considered. Mayor Ferre: All right, now I think it is time for us to move along. Mr. Plummer: Well Mr. Mayor, if it is i.n and one other observation, I don't see anything wrong with a company trying to provide the best service and competition is the greatest mediator of that, that if they wish to have their own exam as one of the companies does in the area of geography tests that they can't still .provide their own. Mr. Mayor, I would propose that we give this a six-month trial basis that during the six -months of the waiving of the geography tests for qualifications that it be mandatory that a sheet similar to which I was handed here and a City of Miami map be required as part of the taxi's equipment. And based on that we would have another hearing on this in 6 months to see what has happened and what has not happened. I'll offer that in the form of a motion on a six-month trial basis. Mrs. Gordon: The motion is to eliminate the actual examination but requiring the cab to have the information as we have it before us here and a map of the City. I'll second the motion, and that's six-month trial basis. Mayor Ferre: And we'll review it in 6-months. Mr. Andrews: And Mr. Mayor, what are the consequences if they don't have that? Does that mean that Mr. Plummer: Same thing if they didn't have their licenses or anything else. Mr. Andrews: So if they don't have that upon inspection Mr. Plummer: You jerk them off the street now. Right. Mayor Ferre: All right, there is a motion and a second and it has been cleared and clarified. Further discussion? Call the roll. 41 FEB 12 1975 The following motion was introduced by Commissioner Plummet, Who moved its adoptions MOTION NO. 75-130 A MOTION DECLARING THE POLICY OF THE COMMISSION THAT THE REQUIRE- MENT THAT AN APPLICANT FOR CHAUFFEUR'S LICENSE TO OPERATE A TAXI- CAB BE REQUIRED TO PASS A GEOGRAPHY TEST BE WAIVED FOR A PERIOD OF SIX MONTHS, PROVIDED, HOWEVER, THAT A REQUIREMENT BE ADDED TEAT A LIST OF PRINCIPAL TAXICAB DESTINATIONS IN THE CITY, :'OGETHER WITH A MAP OF THE CITY, BE A PART OF THE EQUIPMENT OF EVERY TAXICAB. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre, NOES: None. ABSENT: Mr. Reboso and Reverend Gibson. DISCUSSION OF MIAMI YACHT CLUB LEASE AT WATSON ISLAND ("Li Mavnr Pnrrc• rnmmndnrp Mark A]httrv. Commodore Mark Albury: Good morning, Mr. Mayor and Commissioners, I'm Commodore of the Miami Yacht Club. On my left is my Vice Commodore wha will be taking my place in April and we would like to present our past Commodore, Mr. Jack Griffin who will give you a brief resume of our activities on Watson Island in regards to entering negotiations with the City in renewing our lease which now expires on the 13th of March of '77. Mayor Ferre: It expires when? Commodore Albury: The 13th of March, '77. Mayor Ferre: Well why then are we talking about it in '75? Commodore Albury: We can't afford to make any major improvements now without any long term lease. We've just spent last year some $30,000 on new docks. At the present time we're spending $6000 on fire fighting equipment that the City has asked us to put in and it is putting quite a strain on us knowing that in a year and a half we'll be gone. Mr. Jack Griffin. Mr. Mayor, Mr. Vice Mayor, members of the Commission, members of the Miami Yacht Club and our friends, ladies and gentlemen; my name is Jack Griffin, I'm the past Commodore of the Miami Yacht Club three times and am sitting on the board consecutively since 1947. We're down here today before you, the City Fathers to ask for an extension of the lease between the City of Miami and the Miami Yacht Club. Our present lease was for 20 years, to be terminated the 6th day of June, 1977. I feel most honored that my name appears on this original lease as Commodore, or lessor and then I have been asked to appear before you again to- day. We, as officers and members of the Miami Yacht Club have requested this hear- ing as the first major step in procuring and/or executing another lease. We're asking for the same identical lease as we have today. It would be our hope that in order not to have these negotiations to bog down in the drugery of legal and administrative departments that we simply do it again. Don't change a paragraph, a sentence, a comma or a period. For simplicity and extolment we ask simply, do it again. It will be our purpose here today to show you, our City Fathers that we have earned this right, that we have earned our place in our community and that your predecessors did not error in placing the existing lease in our hands and that an extension of the lease at this time is most important so we can get on with improvements and enlargements of a boating fraternity that carries the name of Miami and properly so. The name of the Miami Yacht Club is known throughout the world. Yes, even to the four corners of our globe. At this time we feel it only fitting to give those of you that do not know a brief resume of the Club's history. Founded in 1927 and known as the South Florida Sailing ASsociation the name was changed in 1933 to the Miami.Iacht Club. WE met in the Chest Club build- ing in Bayfront Park for a while, then at the American Legion -Harvey Seeds Post #9, the Dade Dry Docks , and after World War II in Jack Wert's home and other Commodore's homes, always searching, always looking for a place to call home. Then in 1947 Fr B 121975 through the untiring efforts of Jack Wert and other club officers the City Corn- mission gave us temporary permission to construct out meeting room on the northeast point of Watson Island. Our present location with a six 'nonth, thirty day cancel- able lease we have the faith with this thread thin coft ittment of a lease froth the Cortttission. We all jumped in together, cleared the land, what was then a portion of the City Out') and a hobo jungle and built out present meeting room, toilet and shower facilities financing every cent of it ourselves. Yes, Comrnissioner.:s, we had the faith. Then in 1957 through the continued efforts of Jack Wert and t:ho members of the club and the excellent cooperation of the then Mayor, Randal Christmas, Commissioners and the City Manager, General Evans and the late city Attorney Olive Hendrickson the lease as it is today was executed because Watson Island as Such was nothing more than a spoil bank from the ships channel costing the taxpayers of Miami nothing. Mayor Ferre: . Jack, let me interrupt you just for a moment. I'll ten you, out of fairness toboth you.and Reboso and Reverend Gibson who are absent. I'd liko to recommend the following: I think that the administration should begin dis- cussion with you on the basis that you're recommending. Now in about a month by the end of February I'm going to make a presentation to this Commission on improve- ments on Watson Island, some improvements on'Watson Island. And I want you to know I don't think that they will any affect the M:.ami Yacht Club. On the contrary, one of the things that I would hope to recommend is the expansion of boating facilities rather than a retraction. So I want you to understand that. Don't worry about what you read sometimes in some of the newspapers. I'm for an expansion of boat- ing facilities. This is my personal point of view. Now what I'd like to recom- mend is this, two things: First that you wait until we have a full Commission here and give them the benefit of your thoughts and secondly that you also wait until you hear in mid February or the end of February, I'm sorry the first meeting of March, what it is that Mr. Andrews and I are going to be presenting to the Com- mission for their deliberation., Because right now it's very vague and we don't have the specifics of it but we will within the next two or three weeks. And then the Commission can deliberate. I want to invite you to be present to see what exactly we're going to be talking about and we'll extend you an invitation. Then beyond that you could make your presentation to the full Commission and in the meantime you would be discussing with the administration so that it would come with their concurrence. Now may I respectfully recommend that you do it that way? Mr. Griffith: Well Mr. Mayor, certainly you may recommend it that way and certain- ly we are thankful for your recommendations in that. However, we are prepared today for the presentation. But if you would like to continue it another time certainly we would be happy to do it. Unfortutlatels you pointed out Reverend Gibson cannot be with us today. Mayor Ferre: He's in the hospital and Reboso had to take his wife to the hospital so you have two personal problems that we can't overcome. Now if you keep on go ahead but out of courtesy to them, it would seem to me that you would want them to be present to hear your full presentation. Commodore Albury: We think that the Mayor's recommendation is very wise and we probably would be very well advised to accept it. We would like to ask that jzhe City Commission instruct the City Manager to discuss the terms of the lease with us in the meantime. Mr. Andrews: So there is no misunderstanding, he used the terms of a lease. I don't want to be discussing terms of a lease. I think what we should be talking about is the plan and their operation there and how they fit into it, what the future holds for them and so forth. Mayor Ferre: I would like to also expand that motion to include the City Attorney and make sure that we're within the legal boundaries. The following motion was introduced by Commissioner Plummwe, who moved its adoption: MOTION NO, 75-131 A MOTION TO REFER TO THE CITY MANAGER AND THE CITY ATTORNEY FOR CONSIDERATION AND RECOMMENDATION TO THE COMMISSION AT A LATER DATE THE APPLICATION OF MIAMI YACHT CLUB FOR EXTENSION OF ITS EXISTING LEASE. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote; W M; Mrs, Gordon, Mr. Plummer and Mayor Ferre, NOES; None, ABSENT; Mr, Reboso and Reverend Gibson. FER I.2197 '"0+ MS• VIRGINIA ESSEX 10.3 PERSONAL APPEARANCE STATUS of WOMEN APPOINTMENTS THERETO REQUEST FOR FINANCING Ms. Virginia Essex: Thank you, Mr. Mayor. Ii11 be very brief. My business is short, i haven't appeared here for a time and I want to assure you that the Cot - Mission on the status of women is alive, not functioning as well as it should because it is short 5 members but meeting regularly. This is thank Mike Carter Day and we want to thank her publicly for having assisted us in going over our by-laws and they have now been approved by you which permits us to come before you and declare some vacancies and to ask for some reappointments. Mrs. Gordon: Do you want a motion to that affect? Ok, I move that this be Thanks to Mike Carter Day. Mayor Ferre: There is a motion and a second, make it unanimous. Ms. Essex: Ok, thank you, Commissioner Gordon. According to our by-laws; first of all let me tell you just briefly what we're doing. We have three task forces, one in the area of child care, one on concerns for the elderly and one on substance abuse. We've been having regular monthly meetings at which we have had programs at which City, School Board, County and local people have presented programs for us. Tonight also let me say we are co -sponsoring with the Dade County Commission on the Status of Women and the County's Rape Awareness Program a program concerned with the high incidence of rape in the, basically within the City of Miami. And I would like to urge all here to be in attendence. The City of Miami is providing additional Police protection in the downtown area around the County Court House in order for us to even encourage women to even attend such a meeting. With re- gard to our vacancies, according to out bylaws Commissioner Reboso has one appoint- ment, Commissioner Gordon has one appointment and you, Mayor Ferre, have three appointments. Mayor Ferre: I'm ready to make them. Ms. Essex: You have resumes in front of you of people that a Committee have gone over and would recommend to you. We are hampered because we are five members short to go ahead with this Commission and Commissioner Reboso being called away.. Mr. Plummer: Mr. Mayor, may I in absence of Mr. Reboso, asked me for the record that he would like to proffer the name of Dr. Maria C. Hernandez. Mayor Ferre: All right, Mr. Reboso is offering the name of Dr. Maria Hernandez. I have three appointments and on the recommendation of representative Elaine Gordon in a letter she wrote to me dated November 4th and with the concurrence of your committee, I'd like to appoint Margaret E. Watson who has an M.S. in Education and a Bachelor's in education who has extensive experience in the Community Affairs Center for Dialogue, Lower Marion Township School teacher, she was a teacher in the Canal Zone in Panama, she has been involved with the YWCA, the American Red Cross. She is obviously a woman who is highly educated, involved and has had a great deal of experience, she has traveled a great deal. Secondly, I would like to appoint Mrs. Sonia V. Panagua Alvarez who has a B.A. from the Polytechnic Institute of Puerto Rico with a major in psychology. She did graduate work at NYU and has a certificate of occupational therapy, post graduate studies in the institute for the crippled and disabled of New York City and California University of North Chapel Hill, and has been an occupational therapist at Miami Heart Institute. I think she would make a good addition. And thirdly, I would like to recommend Deborah Wadi Thielen who was born in Coral Gables and grew up in Miami and was educated locally here. She is a young woman and I think that this is important to have a well representation also in the different ages. So these are my three appointments. Rose, you have one appointment. Mrs. Gordon: Yes, Mrs. Jeanette Leach is a realtor for many years and has a great deal of background and experience in business and will add input from the business- woman's standpoint. She also has a deep desire to be involved in the community and in helping people and therefore I think her special talents also diversity the Status of Women's Commission and it will operate in an excellent way with this total committee, Mayor Ferre: I might say that I think all five appointments are really excellent. I think you really ought to have some real input in the committee. 44 FEB 1Ni 1975 The following motion was introduced by Commissionet Gordon, who moved its adoption: MOTION NO. 75,-132 A MOTION APPOINTING Dr. Maria C. Fernandez, Marcaret E. Watson, Sonia V. Alvarez, Deborah Wall Thielen ar.d Mrs. Jeanette teach to the Commission oh the Status of Women. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mrs. Gordon and Mayor Ferre. NOES: None, ABSENT: Reverend Gibson and Mr. Reboso. Ms. Essex: Thank you, I've one other brief bit of business and then we'll move ahead. The Commission on the Status of Women has been invited of the City of Miami, has been invited by the Governor's Commission on the Status of Women to join with all other Commissions throughout the state and the Women's Institute of the University of Florida in Gainesville to appear on a panel on a management conference. This was presented to our conference, to our Commission but goinq to any of these affairs would be paid our of our own pocketbook unlese the Commission saw fit to fund us to attend. The conference fee is $50 and we can only guess that costs going would be perhaps a hundred dollars. Mayor Ferre: Mr. Andrews, what are you shaking your head about? Mr. Andrews: We can't fund that aspect of it or pay for the travel. Mayor Ferre: Well we pay for the boxing people to go to the Boxing.. Mr. Andrews: That's a Commission adopted by ordinance. Mr. Plummer: Mr. Mayor, I think I know what the Manager is trying to say but he doesn't want to say it so let me try to say it. Mr. Mayor, we have :14,973 com- mittees on the City of Miami and I think what he is trying :o say is that if we allow each committee to put in a voucher for travel expense it would just be com- pletely out of the question and Virginia, I'd have to say and I'm sorry to say it that I just don't think it is going to be something that we really want to start. I'm sure that we all concur that it is a good thing and that it is a needed thing but I think you can understand the position of the Manager that if in fact we do it for you we've got to do it for others and if every committee came in with just a hundred dollar request I think it would be out of question. I would have to say that I see the Manager's point. Mrs. Gordon: What is the County's ruling on that? Ms. Essex: I don't really know, Rose. I'm sorry I don't know whether they're sending anybody at the expense or not. Mrs. Gordon: Have they ever sent anyone? Ms. Essex: They have sent some people to some commissions, yes, meetings. Mayor Ferre: Virginia, why don't you do this, why don't you come back specifically and come back at the next meeting. WE have time. And then, I'll tell you, if the County has done it I certainly think we ought to do it. Mrs. Gordon: That would be different, yes. Ms. Essex: They may be sending them around the state. I'll get you some infor- mation as to whether or not this is a general practice and we will come back. Thank you very much for our appointments. Let me also commend you for the next two agenda items recognizing women past and paresent. Thank you very much. Mayor Ferre; Thank you, Mrs. Virginia Essex. 4) UPI 1?IPPS 1 El Rr 4ii PERSONAL APPEARANCE MR, FIRED HIRT 44) .444 Arwm mnMF FnP Ar,rfl PRESENTATION of PROGRESS REPORt ON oPERAttoN OF DAY CARE FOR tHE ELDERLY LEGION PARK Mayor Ferrel The next item before us is the Jewish Home for the Aged. And if you'll step forward and make your presentation, please: And then we're going to get into proclamations and presentations. Mr. Fred Hirt: Mr. Mayor, my name is Fred Hirt. I'm executive director of Miami Jewish Home and Hospital for the Aged and 1 would just like to stand our President, Aaron Kravitz; and of course brings regards from the other members of our Board. What we would like to do is try to show you visually what we've been able to accom- plish in 5 weeks with the City of Miami's Senior Adult Dal Center sponsored by the Douglas Gardens, Miami Jewish Home and Hospital. If you would look to your left you will be able to see basically what started six weeks ago, a program which prev- iously was not.... Mrs. Gordon: Excuse me, Mr. Hirt, we're going to turn the lights out so we can see the slides better unless you need the lights, Mr. Hirt: No, take 5 minutes Mrs. Gordon: please turn the lights down and I think you'll enjoy this. It will and this is how the dollars are being spent at Legion Park And it's been in operation for how many weeks? Mr. Hirt: Six weeks. Six weeks ago this program did not exist. This is the transportation system which is the first for anywhere in this community and probably one of the few nationally which the City of Miami has developed which brings parti- cipants to the facility each day and you'll be interested to know that better than 95% of the people involved in this program are below the poverty level. The, park setting and grounds are just outstanding, this 13 acre site. You'll be interested to know that many of the people involved in this program previously have been resid- ing in their homes. One woman had not left her apartment in four years and its well documented and is now on the waiting list for a nursing home. This is the activities class. Many of these people have disabilities which previously kept them from walk- ing, kept them from going out and going shopping, kept them from being involved in any type of meaningful activity in the community. the average age of the partici- pants is approximately 81.That's an exercise class, we have trained therapists, we have 5 staff people involved in the program. You'll be interested to know that we were required to have 15 people involved in this program after three months of operat- ion. That seemed to be pretty well standard and acceptable throughout the nation. Realizing the atypical community which we have here in Miami, we found that now after 6 weeks approximately 6 weeks we have 51 people involved in the program. So that means we have met our quota for the next year. The maximum number of people we can have involved daily is 30. We're averaging now 26 aid 28 people each day. Other statistics I have where we have 45 people, when we had 45 you'll be interested to know we had 36 white, 8 black, 1 Spanish. The program is now being designed where we realize we have a responsibility to those people residing in the community who can't make it everyday to our program at Legion Park. Therefore, we've developed services to the homebound which is unique not only to this community but to the nation as well. One of the major goals of the program is to keep people out of institutions. And I'll remark on that as soon as the slide presentation is over. Part of the range of activities in this program deal with crafts, painting, dance, music appreciation, sing alongs, cerrent event discussion groups, bingo, there i:; individual counseling which is provided by the Douglas Gardens Out Patient Mental Health Center, hypertension screening, classes on nutrition so that when these people stay at home they can learn and hopefully maintain themselves in the com- munity for a longer period of time thus preventing hopefully delaying the need for institutionalization. There are programs on health education, ceramics, physical fitness, shuffle board, movies, morning and afternoon snacks and nutritious hot lunch which is provided each day. Eighty percent of these participants has not been involved in any City or community program in the past five years. You'll be pleased to know that they as the result of the Museum of Science Program, we have 28 participants who are attending the Museum of Science Program today at the planetarium. A new program will be instituted this week in the area of picnics. For those people who have left the hospital we want to make sure that the length they'll stay will be as brief as possible, We've developed a program. Thank you, may I have the lights, For those people and you can tell that part of the major emphasis of the program is to keep people out of institutions, to hopefully delay and forestall and prevent the need for institutionalization, unwarranted need for institutionalization, We've built up programs with Cedars of Lebanon, Mercy, Jackson Memorial Hospital. and Mt. Sinai for discharges of residents of City of Miami whereby they can enter this program based on their need for the services, 1.+itte will 1%o Allot! 1r',itti, n,ottrA w111 I,o 1,•it•j 10ITh Mid Ittstte t,i koot• the,06 la,,, •1 irr tot., community titt CSt, lohq A I,tpt 1„A ,•t t ittmo d§ Ova li,l,•Inr_1 in•1 tom• 1,,t which I think ytin' 1 t enitty knttwlnd Ia that Ihfl►fe ale 14 Iitloplr' „ttt 11„t t mont11tted earlll,t' who Wt+ltt ptevlounly t'ttlttlidAtlft4 Inftl itiil Ionall:..i$ Iriti il, .t nursing home: The inl►timt$n% payM nt by the ckltihty Whitt ld ba Vl'In ., Trait h I „► , .i:h of these people. That would amount to $92,000 thill ygai alone. 1 would I iko to eicpress my sincere appreciation to the Cotnrilifion, eitpecially Cnmmissiohr.t Uordon for the assistance, the confidence to allow a program which can help people stay in the comthunity, lead viable lives for as long a period of time as possible and we hope we will have your continued support in the future. Mrs. Gordon: Mr. Mayor, may I say a couple of words? 1 visited the institution, I visited the park as a follow up to seeing this slide presentation rune day last week. And I met and shook hands with each and everyone of the people there and I want each of you to do the same because it was so wonderful to look at the people who had been not.out of a room, some for as long as three or four years here enjoying other people, conversing. It is a marvelous experience to go there. And I hope that this City will be in a position to influence the county and other municipal- ities and to enlarge our own scope of activities in this area of elderly care because it is sorely needed. And as I was told, and you told it to roe, one lady had not been out of her apartment for four years and her daughter is so overwhelmed that she comes as a volunteer twice a week to help in the program. I:; that true? Mr. Hirt: That is correct. Mrs. Gordon: I would like to ask ,'ou, Mr. Mayor, if you would schedule a dedicat- ion because there hasn't yet been a dedication of this facility and it would be appropriate that we have one. Mayor Ferre: All facility sometime whichever is more or something. right, Mr. Andrews, if you will schedule a dedication of the either to coincide with February 27th or March 13th meeting appropriate during the lunch break and we can have a sandwich Mr. Hirt: That will be fine. Once again, we're just delighted to be able to take part. Mayor Ferre: Congratulations to :'ou, Fred for all the wonderful work that you and your people have done and keep up the wonderful work. I think it's great. Mrs. Gordon: Mr. Mayor, I don't know that this program could have gotten off the ground without the Douglas Gardens. I honestly think their specialized knowledge is what is really making the program go. I want to thank you. Mr. Hirt: Thank you very much. Without the City's wisdom and guidance it never would have gotten off the ground. Mayor Ferre: We have a mutual admiration society. 41Mr. Oq 42, 410 444 Hirt: Isn't it wonderful that we don't have to argue. DISCUSSION — SWITCH DATES OF COMMISSION MEETINGS— JUNE 1975 Mr. Plummer: Mr. Mayor, may I for official action of this Commission please request, I've talked with all of you subject to all Commissioners not ':avinc- conflict, that the Commission meeting dates in June be switched to the, dates June 5th and June 12th with the next Commission Meeting being on July 10th? have already run this by the City Manager, he is in accord that it gives him full month which is vital to him to work on Budget but it is my request because of a trip I must make, Mayor Ferre: All right, unless that meets with a conflict with anybody here that's acceptable. Mr. Plummer: Right, it would be June 5th and 12th and the next meeting would be July 10th and we'd go back to regular calendar. a of I one Mayor Ferre: Would the administration so notify all the Commissioner's offices so we'll have that as a record. Mr. Plummer: Well you've coordinated that there is no conflict, 4? all121975 4 43, PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION ETC A. Proclamation of February 14th as "Mary McCloud Bethune bay", presented to Eunice Liberty, President of the local chapter of the National Coundil of Negro Women. B. Presentation of Commendations to three outstanding women► of the con munity in honor of the birthday of Susan B. Anthony; appearance by Roxy Bolton and Mrs. Athalie Range. C. Presentation of Commendation to Dr. Rolando Millar for his efforts in the community. D. A MOTION OF CONDOLENCES IN THE DEATH OF ROBERT CLEMENTS. (75=133) E. APPEARANCE OF MEMBERS OF DADE'S EMPLOY THE HANDICAPPED COMMITTEE TO TAKE PHOTOGRAPHS OF THE NEW PARKING STALLS OUTSIDE THE CITY HALL BUILDING DESIGNED FOR THE DISABLED. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-134 A MOTION APPOINTING ANNA WEISS AS A MEMBER OF THE GENERAL CULTURAL HISPANIC COMMITTEE. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Mt!;. Gordon, Mr. Reboso, Mr. Plummer and Mayor Ferro. NOES: None. ABSENT: Reverend Gibson. le FFB121975 kal e• At C 44, DEVELOPMENT ORDER DEVELOPMENT OFNREGtONALt IMPACTHONOTHEtP tOPOSED ,r DEVELOPMENt POR UNPLAttEb CLAUGHTON t,MLAND • Mr Lloyd City Attorney: Mr. Mayor would you announce that this is a public hearing to receive and consider these items . Mayor Ferret This is a public hearing to receive and chnsidet recommendations for Claughton Island a 44 acre island located in Biscayne Bay as a development of regional impact in the issuance of a development order, City Commission January 23 deferred this item to today. Besides the propoients, I'd like to know if there are any other people here to speak on behalf of or against the recommendations. Mrs. Rockefeller, okay, who else will be a speaker? Four,----? as a proponent or opponent, Mr. Lloyd: Mr. Mayor, with your indulgence I believe you did not specifically say this is a public hearing as advertised, it is, Mayor Ferre: I read it, a public hearing to receive and consider recommendations,----- this is a public hearing. All right, Mr. Acton, proceed, Mr. Acton: Mr. Mayor and members of the Commission, in the audience today we have representatives from the S. Florida regional Planning Council and the Dade County Dept. of Traffic and Transportation, Mayor Ferre: Let me interrupt you for a moment, is Mr. M. Barry Peterson AIP Executive Director here. Mr. Acton: Mr. Myers is here, who is the assistant, ---- Mayor Ferre: Where is Mr. Myers, ----Mr. Myers, are you going to speak _ at all today? Mr. Acton: Just here to answer questions for the Commission, if they have any. Mayor Ferre: For the record, I received a letter dated February 10, from the South Florida Regional Planning Council, all right, go ahead Mr. Acton. Mr. Acton: The Claughton Island application comes to you with the recommend- ation of denial from the S. Florida Regional Planning Council, your Planning Department and the Urban Dev. Review Board. The Planning Advisory Board did recommend the application subject to certain modifications. We recommend that you deny the application and concept plan as presented, and sent it back to the developer with the instructions to modify the concept plan based on guide lines as established by this Commission after the public hearing. Our recommendation of denial is based on three major planning and zoning considerations. I am going to try to boil it down as much as possible. No. 1, the proposed development is not consistent with the over-all comprehensive planning objectives for the Brickell area in the downtown, although we had recommended the mix of land uses for Claughton Island, the developer is requesting far too much commercial office and retail commercial uses for the island. The amount of office space for instance requested by the developer, would amount to more than the No. 1 building in the First Federal Building combined. Those two buildings represent a gross square footage of some 1 million square feet. The developers proposal is around a million, four. The 2nd item for your consideration, is that the amount of floor area ratio for both commercial and retail uses, would generate traffic according to our analysis, exceeding the recommended 800 vehicles per hour over the bridge at peak hours. Traffic generation by the proposed development would adversely impact the existing and future development along the Brickell Avenue corridor. The 3rd item for consideration is that the requested 3.2 floor area ratio is far too much bulk on this island and results in an intensive develop- ment that restricts views from both the mainland in the downtown area and results in too much bulk on certain portions of the island. To illustrate these three major considerations we have prepared a model. and 3 charts for your consideration. Starting with the map of the Brickell area which is over to the commission's left we have noted on this map just those developments that have occured recently noting what the f,a,r. or use intensity on those developments is, and in the case of the Brickell residential area, we have also noted the dwelling units FEB 121975 pet acte, and if the commission will notes they range Mainly around 2,3 it floor area ratio, Now the Cotttmission has seen the two residential projects that are presently rising in the Brickell Avenue area next to where the Mayor lives and you can get some idea of the amount of floor area ratio by taking a look at this chatt then visually thinking what that represents in terms of development in those areas, Both of those projects, I am referring to, one is the Brickell Bay and the other Brickell Place, they both were granted the same floor area ratio of 2.36. Mayor Ferre: Up in the top you have a little graph that says —right there next to my home what does that say? Mr. Acton:- -2.36, that is the floor area ratio, ---- Mayor Ferre:----2.36, what Is R.F.S. Mr. Acton: ----residential units are 84, 84 units an acre,okay,---- now the next chart prepared shows the type of shop. I want to give the commission an idea of shopping center use, as it relates to nearby residential and trade area population. We have basically three types of shopping area in the City of Miami. They serve different functions. We have recommended for Claughton Island that, yes, there would be a permitted mixture of land uses, and yes, there would be retail uses that would basically serve for the convenience of the residents and workers on the island. If the commission notes, they are broken down simply into three types, neighborhood, community, in regional shopping center. The neighborhood, would be exemplified by the type of development that Bird Avenue and the highway, is a neighborhood, --small neighborhood shopping center, conversely, the regional would be Dadeland. It is interesting to note that the neighborhood shopping center will range from approximately 30,000 to 100,000 square feet in gross leasable area. The community shopping center will range 100 to 300 thousand, but the interesting part of this is to take a look at the trade area population required to support this type of facility. In the case of the neighborhood shopping center, ranges from 7500 to 30,000. Now, on Claughton Island we are talking about a permanent population eventually projected to the developers proposals of somewhere in the vicinity of 6,7,to 8 thousand people, and based on this alone we had recommended that the retail commercial use on this island be restricted to convenience goods and not comparison type shopping uses, and that it also be limited to no more than 100,000 sq. ft of retail use as opposed to the over 200,000 sq. ft. that the developer is requesting. This we believe would not be in the best interest of the City and would be detrimental to the development of the downtown area. The next illustration and I want the commission to look at, is the model of the island itself acid that is before the commission on that table. This model represents the amount of bulk that the devleoper is proposing for that island, for 3.24. The Commission knows that the Planning Department had recommmended an ultimate of 2.5 if the developer came back and made certain modifications to the urban design,aspects of this island. But I want to show you what happens when you take off and reduce to approximately 2.5, what happens to the open space, realizing of course there have to be many design adjustments. Mayor Ferre: You are recommending 2.5, and they are asking for 3.24. Mr. Andrews: 2.5 Mr. :Mayor, --what they will show you when they are finished is 2.5. Mayor Ferre: That is 2.5, vs. 3.2. Mr. Andrews: What you saw in the beginning was 3.24 what you are looking at now is 2.5. Mr. Acton: I say they obviously they never designed in this configuration ----I wanted to show you what happened in terms of potential for views through the island . If you, for instance, are in one of those buildings along Brickeli Avenue near the mouth of the river, you look over towards Claughton Island you can't see through. Your view is obstructed by the maze of structures on that island. Now, the last illustration very simply is the recommendations of the Planning Department for Claughton Island, and we use as a basis for our recommendation guide lines in the SPD-1 ordinance, coupled with our analysis. I again want to emphasize the importance that traffic and urban design played in our analysis.. If the project were to be built, in accordance with the ordinance, the developer would be entitled to 2.4, In other words, what he presented today, he would be entitled automatically to 2.4, and I made the statement we would be willing to higher than that provided he redesign the project with the objective of creating a better overall utban design, as it relates to the mainland. The maximum floor area ratio based on 2.4 and the maximum density again permitted ih the ordinance of 58 units ah acre, amounts to 2428 dwelling units, it amounts to 3,391,751 sq, ft. of residential floor area, 480,000 sq. ft, of hotel area which represents some 600 units, the developer is requesting 1200 in his latest proposal, the maximum retail area of 100,000 and maximum office floor area of 400,000, coming up to a total of 4,371,751 sq. ft, and this would amount to 2.4. What I am saying is that we would be willing to go higher than that if the developer would give us the type of urban design and other considerations we are looking for. 1 want to point out to the commission that the traffic analysis conducted by the Planning Department and Dade County traffic, have pointed out that the major generator of traffic on that Island would he office, very simply . The residential, which includes the hotel, certain extent the retail commercial uses do not generate the surge of traffic that you find generated by off shoots. Mayor Ferre: Mr. Acton let fie interrupt you at this point, just for clarification purposes, you are recommending 4,371,000 total net sq ft. area which is what this would be, Mr. Acton: ---approximately, yes, --- Mayor Ferre: They are asking for 5.9 million, roughly, -- Mr. Acton: Yes, Mayor Ferre: The difference is a million six, so in effect, what you are basically saying you are recommending that the project be reduced about 25%. Mr. Acton: Yes. Mayor Ferre: Just to put in simple terms so I can understand . Now getting in the more specifics of it, what you are asking is in the residential area, you seem to be pretty much in accordance to they want,---3 million 7 hundred, and you have 3 million 4 hundred, so you are pretty close to what they are asking as far as apartments are concerned. Mr. Acton: Except they are asking for 73 units per acre ,--- Mayor Ferre: They are asking to be able to put smaller units, really what it amounts to and what you are doing is making larger units. Mr. Acton: Correct, Mayor Ferre: They could put some small units, --it is an average, so they could put more on one and less on another, so it is a question of averaging it. In the commercial area, they want 222,000. and you have 100,000, so there is.a big difference. You are cutting that 50% or more. In the office area, they want a million, two, and this is where the big difference is, you are recommending 400,000. I might correct you said the One Biscayne and the Federal Building together are a million sq. ft.----that is a million net sq. ft. because if you look at the gross sq. ft. including the garage, Mr. Acton: No, it doesn't. include the garage. Mayor Ferre: about a million, Mr. Acton: Y0u are right I was excluding the garage when I made that statement, Mayor Ferre: So this is net space, we are talking apples to apples, so the maximum office floor area you are recommending is 400,000 sq. ft, of net, That would be comprable mare of less to the First Federal Building. Mr. Acton: That is right, Mayor Ferre: In the hotel area, they want 750,000 and you are recommending 480,000. 54, FE :► and I include everybody in Europe and Miami is the worst of all major American cities. Mr. Plummer: Mt, Mayor, what you are saying in concept that in fact they build Claughton Island with the residential I would expect on that island and builder commits to build 300 units somewhere for moderate income, I'll go along with that, Mayor Perre:What I am sahing is this, that if you are going to set some of the sirloin steak you've got to take some of the rump steak along with it. Mr. Plummer: But you don't necessarily have to eat it at the same dinner table. Mayor Ferre: Nobody is asking anybody to eat anything at any dinner table. If you get some steak, get a little rump along with it. Mr. Acton: The philosophy to a certain extent was that realizing that you were trying to encourage a mixture of land uses on the island, having a certain amount of commercial, retail, a certain amount of commercial office that would give an opportunity to those individuals of low moderate income means to be able to rent living quarters on the island much in the same manner we recommended that the developer provide suitable living quarters for the low income personnel that would be employed in the hotel units. This is quite common, That was the idea. Mr. Plummer: George, I admire your ideals, but it won't go any further than that. Mayor Ferre: Well it has in every country in Europe and it has in certain communities ,--- Mr. Plummer: That is why the United States is subsidizing all of them. Mayor Ferre: That is fine J.L. but, ---that is all very nice but the point is, and still remains that this community has a very substantial housing problem and nobody is proposing that Watonlsland become a low-cost income project. All I think the administration is saying is that it take some of the responsibility for moderate income housing, and by the way, $20C. dollars a month is certainly not a poverty level. Mr. Plummer: I shouldn't deviate from the zoning, but you take anywhere around in this area, you can't find an apartment for $200.00 a month. You just can't find it, and I don't consider this area a ghetto area or low -class area or low income area. Mayor Ferre: That is exactly my point, precisely my point. I think it all comes out in the wash and we will get in some of these discussions later on.I am all for this project, and I think it is very much needed, and 'think it is very much needed, and I think it will be a great project, but we have to specify and if we are going to give sone place, we a:e going to get some place. If we don't get, we are not giving, at least I am not giving. Mr. Acton: That ends my presentation Mr. Mayor. Dade County D.O.T, is here to answer any questions you might have pertaining to traffic. Mrs. Gordon: Mr. Acton will you clarify something you said before please, when you were discussing Brickell Avenue, and the number of units per acre what number of units per acre did you say? Mr. Acton: It varies between, in the 60's and 70's, those two major projects that are presently going up, between 67 and 84,----that Is only residential units. Mrs. Gordon; 1 wanted to make certain I heard you. I thought 1 heard you say 84, and l did. Mr. Plummer; I am looking Rose, at 95 right here, Mr. Acton;That is Mr, Holio's project, Vizcaya North that was granted under variance, Mr. Acton:That represents 1200 units requested by them we ate saying half that number, 600. Mayor Ferre: I just want to the bearings straight, so that we under- stand. So the big recommendation, your big cut really is in office space and in your commercial space,and in your density. Mr. Acton: Yes, Mr. Plummer: If they did everything that you asked them to do in positioning these buildings, what in your mind is the most conceiveable highest figure that you would go on floor area ratio. Mr. Acton: We have made the statement that we would go up to 2.5 if they redesigned it in accordance with those objectives, but again it depends on the mixture of land uses. One thing that has not come up to the commission is the fact that in our recommendation we have recommended that the developer include in their development 300 dwelling units for low or moderate income living. Mr. Plummer: On Claughton Island? Mr. Acton: low or moderate income. The developer has made the proposal ---I said lower moderate, --- Mayor Ferre: Similar to what was requested and granted in Metropolitan Dade County in the last three major projects. Mr. Acton: That is exactly right, so the developer has come up with the proposal, yes they will provide 300 units at $300.00 a month which is as far as we are concerned not moderate income housing. Originally we had requested that the law department include in the ordinance and they had ()Ejections to it because we couldn't reach adequate standards, but a bonus be given to the developer if he would in fact provide lower moderate income units in his development, it is becoming standard practice throughout the country, Commissioner Plummer, fcr instance I attended a conference very recently where they discovered that a number of communities, notably those in Maryland. make :t mandatory that large developments provide this type of housing accomoc:ation. Mr. Plummer: What do you call low to moderate income ,--- Mr. Acton: No, I said Low or moderate income, ---- Mr. Plummer: Okay, you are speaking of a unit in what price range? Mr. Acton: Probably in the neighborhood of $200. a month or less, which we wound consider a moderate income unit. Mr. Plummer: The low would be $200.00? You are taking the snow plows off Flagler Street again. How are you going to get a man to build something on that kind of property for rentals you can't rent anything around here for $200. a month, how are you going to put something on Claughton Island for $200. a month. To me that is foolhardy.I would like the concept of getting a developer to commit this kind of mixture. I think it is great but I don't think it applies everywhere. Mayor Ferre: Let me use Jack 0rr's argument on that. Remember the big controversy with Jack Orr. Mr. Plummer:I remember and I concur with it Mr. Mayor, but I don't think it applies to every parcel of property. Mayor Ferre: It is not applicable anywhere if that is what you believe because it is a question of central idea, the point very simply is this, that right now in this country and very specially in Miami, what happening is that the construction industry for the past 10 years has constructed some acceptable living units for those that can afford, and that is fine. and I am all for that. The problem is that the government , from the federal government on down has never figured out a way to properly house the people who don't have that kind of income, As a consequence of that we have probably the worst housing shortage of any civi1ixed country in the world, on propotional basis, J Mr. Plummer: But that is what it is, the density is 95. Mrs, Gordon: Which one are you talking about J.L.? Mr. Plummer: He says it is the tip there of 15th Road, Mrs, Gordon: Is what percentage? Mr. Plummer: 95, Mrs. Gordon: ---units per acre? Mr. Plummer: ---right,- Mrs. Gordon: Okay, go ahead, Mayor Ferre: The thing to do now Mr. Andrews is, ---obviously this is the most important project that has come up before this commission in quite a long time. I think it is important enough from the administration point of view that what ever comments you might want to make, go ahead and make them. Mr. Andrews: I would like to present to the City Commission a brief explanation of the conceptual transportation plan as it was envisioned for downtown Miami and then indicate to the commission after extensive review by the State, county and city, chamber of commerce and others participaing in a review process to come up with a plan of future implementation if at all possible , to these many elements, I'd like to indicate to the commission how that transportation affects the islands so you might have that information to take into consideration as you come to your conclusions. Mr. Crouch would you hold that map up. The conceptual transportation plan provided for an additional corridor connecting the south portion of the enlarged downtown area south of the river along the yellow line that Mr. Crouch is pointing out which provided for a bridge structure right at the mouth of the river. In reviewing that and the other alternatives that were available for the widening of the bridge on 2nd avenue, it was ultimately concluded that the solution for this entire area was to develop the bridge structure that would connect Biscayne Blvd. right to the island and then across. An additive element that should be considered but perhaps is a future element is the additional bridge structure that would connect over to 7th, the bridge structure below that to the south connects to S.W. 8th Street, of course, and then additional modifications internally which would enable the dispersement of traffic in which the traffic people are here from Metro and they can give you more information in this area, but we think it is essential in the planning of the island that we work with developers, with the understanding after they have left the commission that the reservations will be made so that the bridge connection can be made at some future date. That in itself will materially affect the island and while I fully under and appreciate the city's position in trying to hold down the bulk and while I appreciate Mr. Acton's view, of bulk as it relates to being able to see through the island and see the bay in that, thy personal view of bulk is more effective by the intense use of the island and the amount of traffic it generates,and the effect it has on downtown Miami. We are fortunate we have a young enough city in which the profile of Miami , for the most part is downtown Miami is very low in profile and subject to much adjustment. The Commission is in the process and the last meeting in March you will have a public hearing with reference to the zoning board downtown Miami and from what I know of that plan and certainly the commission will be considering the future development of the core of downtown Miami as well as the perpheral areas, and here we are setting aside large areas of the downtown area to accomodate office structures and we feel that is necessary to have a viable downtown, and in the supporting ring of other uses in the perphery to support a very viable downtown and one of those elements that has been introduced and talked much about is the housing associated with it. Therefore 1 think it is extremely important that we strike a balance between what we considermaximum bulk on the island and the mix of uses versus what we are attempting to accomplish in the core area, and part of that is dependent on the movement of traffic and I am sure you will hear from the Metro traffic people who will he explaining to you the peak conditions that we can tolerate at this time, I believe that if we do have reservations for future access to the traffic, that it might be possible to go beyond the 2,5 but I don't think we can go to the 344 that the developer is recommending to the Commission that the island be developed. I think that from my view with that 3.24 and the mix that exists, that we are ovet emphasizing the office structure at this point in time, and that is not to say that if the developer could formulate a plln in which he was permitted to even exceed to some slight extent the 2.5 ` a.r. that he couldn't plan the island in such a way that after the island was reasonably developed and under use, and reservations made for future uses, that all of that could not he brought hack to the commission at that time, and perhaps we will he further along with making other connections to the island in terms of movement of traffic and maybe we will know more about the personalized rapid transit, more about the rapid transit system that will affect the island, so from my personal point of view, not the planning director, but as city manager, having reviewed this from many different ways, I: think the city could tolerate a f.a.r. in excess of 2.5 but not anywhere near the 3.24 and I am not prepared to say exactly where that is because I recognize here is an opportunity for government to work with private enterprise, in the development of this island, the needs of the total community versus the specific development of the island, so I at not prepared to tell you whether it should be 2.7 or 2.8 or 2.6 but I think we will have to have much more discussion if we are to find compromise somewhere between what the city is requiring as a minimuti versus that which the developer is proposing. Mayor Ferre: 1 think we ought to hear from the Metropolitan Transportation Traffic Department. Mr. Acton I assume what you are recommending concurs with their recommendation. Mr. Acton: Yes, Mr. Mayor that is right. Mayor Ferre: Go ahead, Mr. Eugene Simm: :Good afternoon Mr. Mayor and Commission members, we are here to say essentially what we have said before, attempt to do some simplification if we can, and to do that we would like to pass out a letter we have transmitted to you before, a little chart and a display, ----would you do that please, Harvey? The only thing that is new to you is this bar —type chart which is shown here with some colors. It is showing to your left the developer's proposal,the various colors are the different uses. The next is the Planning Department's proposal, the one to the left is 3.24 f.a.r. the one to the right, the next one, is 2.34 f.a.r. and from there on they remain level at the same f.a.r. but the various colors in different proportions show, ----they reveal that there can be a different mix, and you end up with the same traffic output. Mayor Ferre: Although the 3.6 to the right which as I understand the City of Miami's proposal, is 800 vehicles per hour. Mr. Simm: That is correct, --- Mayor Ferre: The one to the left is about 1900 vehicles per hour, the majority of it comes from the office. Mr. Simm: That seems to be the case. Mayor Ferre: Why don't you turn that around so that everybody can see it. Mr. Simm: Just a fast recap of how we arrive at the 800 vehicles per hour. It goes fairly simple, we take the physical plant of Brickall Avenue and its intersections, the controls thereon through that corridor. It has a measurable maximum capacity, we then determine the things that could be done to it physically and with the manipulation of time at the signalized location which gives us an upper limit, then based on predictable growth in the area that will use the corridor we know what the travel will be on it in 1985. The difference during the afternoon peak hour, the difference between the volume of travel using the street and its capacity is that can accomodate additional growth. In the case of Claughton Island we estimate that to be a maximum of 800 vehicles per hour exiting the island, Mayor Ferre; You say that is the maximum that can ----is that what you said ----800 vehicles per hour is what you recommend, Mr Simm: Yes, ----we estimate this, a exiting volume of 800 vehicles -.. 4,110 in the afternoon peak hour, Mayor Ferre: Oh, I see, Mr. Simm: It happens to he the busiest period of all. Mayor Ferre: You are measuring everything based on peak hour riot on average for the day. Mr. Simm: You break it down to the most critical condition, if we can handle that quite frankly the simplistic reasoning is we can handle anything else that happens, unless there is a dramatic shift in the proportions of use that is a valid statement. Then working with the developers and their cotnterparts to us, we arrive at general agreement with a couple of exceptions which l will explain as to what this type of use will generate in the way of travel. The two exceptions are these. We find that in the Miami area, instead of there being one per employee per 200 ft. of office space, it more typically one employee per 150 ft. of office space, so for every given thousand feet we generate a few more employees which generates a few more trips. It is not a big difference. What we do not accept, because we can't come to you and document its workability as satisfactorily as we can, all I have said to this point, what we do not accept which you of course are free to accept in part or total, is the reduction in peak hour exit flow, reason to be accomplishable by the developer's consultant, we cannot document what they say will happen. Mayor Ferre: I don't understand that. Mr. Plummer: What you are really saying is that based on the asking of the developer if what you find to be the facts is that it will generate approximately 1900 cars in peak hours. Mr. Simm: Yes, sir, ---- Mr. Plummer: What you are also saying is that you can only document and find reason to believe 800 cars, Mr. Simm: Not quite. What we are saying is that we can't accept, we can't document to our satisfaction, to the point where we can advocate to you that you accept it, that the 3.24 f.a.r. ---through the management device of staggard hours, will bring that 1800 or 1900 or so back to the acceptable limit of 800 max. in the peak hours. Because we also cannot say with equal satisfaction that it can't be done, we reflect the feelings of the Manager that as we go, let's attempt to learn and perhaps with the many things that are happening in trip generation in our society , not the least of which is the anticipated increase in the cost of fuel, another important factor is just how much can be diverted to public transportation, which is steadily refining itself and in the course of this phased development it will be a reality. We will learn then, what is a little difficult to say now is just what would a P.R.T.link out of the nearby station on Brickell into to Claughton Island do to divert that 1900 down towards 800. So I guess in summary what we are saying is, we would welcome the opportunity to work further with your staff and the developers towards closing this rather dramatic gap, and I suppose if were were pressed to say let's go, and we would welcome the opportunity to join. We have those two reservations, the employees per foot of office space and the ability of people like ourselves, and private enterprise to operate a staggard hour control plan. Mayor Ferre: Are you saying you could live with their recommendations? Mr. Simm. No, sir, we are saying we could live George Acton's recommendations, right now. Mayor Ferre: 1. know that but I am saying can you live with what the developers are saying, if what they say is true, staggard hours and what have you? Mr. Simm: No, we aren't in a position to satisfy ourselves that that in fact can be done. Mayor Ferre; Ed I hate to embarrass anybody but that is not what I was told before, ri7 Mr. Plummet: Let me interject Mr. Mayor because I talked with Eugene about three or four days ago, ---Gene let me see where 1 was off if I really was. 1 understood you to say the other day when we talked out in the parking lot and I asked you about this development. It was my understanding at that time that you felt that it is possible that this could be a reality based on what the developers were asking but you felt that it need a lot of continuing work, Mr. Simm: Yes, sir, Mr. Plummer: From what I understand, you are saying now, because there is no way that we force on the developers nor. do I feel the developers can force on their clients. You can only go off the bridge between 3 and 4 and you can only go off between 5 & 6. What I am understanding now, is that %bat you are saying is that you feel the only thing you can recommend is the leak of 800. Mr. Simm: That is correct. Mr. Plummer: And anything above that means a lot more work and a lot more thought and if I also understand you correct, you don't feel there is any way with the one bridge that you can attain the 1900,---- Mr. Simm: I didn't mean to leave that impression. To whatever degree staggard-hour management can be accomplished, just that much more travel can be added into Brickell. The bridge is not the constraint that 8th and Brickell is. The bridge can run freely whereas at Brickell and 8th you must stop for Brickell to run. You are confronted with a red indication. You are not on the bridge. Mr. Plummer: One other question that I have, and I hate to say this because I hate to make his head swell a little bit, but you I think we have to go on history and I think the most successful building in downtown Miami is 100 Biscayne Blvd. They have something like 98 or 99% occupancy. I know for a fact that a great number of people don't even own an automobile, they go from a residential floor and have their office on a lower floor. Has Gene Simm and his department taken into consideration that conceiveably or at all, have you taken into consideration, that people who live on this island will have their office on this island which will not generate traffic. Mr. Simm: Yes, a certain amount of internal travel is a part of the analysis. Mayor Ferre: And further the hotels don't forget, there might be people staying at the hotels who will be walking over to the offices. Mr. Simm: That is in the analysis an established increment that has been taken into consideration. Mr. Plummer: This is taking an entirely different look. It was my opinion that what the developer had proposed is what you felt could be achieved with more work and now, --- Mr. Simm: I am simply saying that at this point in time when you are confronted with a difficult decision that we can't, based on our experience in this area say that the developer can do what he says with staggard hours. I'd encourage you not to settle flatly for that but to anticipate for a number of reasons, not the least of which that these people appear to be outstanding managers as well as developers, and it's not, Commissioner Plummer as dramatic a shift of you must wait another hour to get off, --such things as 10 minutes differential in departure time,12 in different places, that I have some familiarity with, but you see there aren't the mechanisms I can point to and say, If in your approval of this plan, there will be this kind of exiting volume management technique utilized, then you can move up. I sound like I am trying to suggest think perhaps I am, ---suggesting that you consider this, as a part somehow, Mayor Ferre: In other words what you are saying is, --let MP paraphrase 1,75 it, stop me when I am wtohg,-that what Acton and the City if recommending is the minimum or theconservat've side of it. What you ate saying is you admit there could be aft increase from that depending on the veracity of their statement, Mr. Simm: Yes, sir, Mayor Ferre: but being on the conservative side you want to go on with the minimum which is what is being recommended. Mr. Simm: We can accomodate that, we can document that. Mr. Plummer: As a commissioner sitting here voting today, if you put yourself in my place, we basically are one of three things, really four, which we do nothing, but thatis not going to be the case I hope, we either pass it at what George recommei.ds, of we pass at what the developer recommends or somewhere in between. ho I tnderstand you to say when you say go ahead, that it is not too far out of line if we pass what the developer says and then work towards that. How would you vote on traffic alone? Mr. Simm: I would like to start with what I recall the Manager saying and George, --the Manager I think suggested that we consider the refined judgement of the task force that reviewed the downtown conceptual transportation plan for the downtown area which gave serious support to an additional what could be, an additional access from the island, the bridge to the north. Should that be a reality, all that I have said changes. Mayor Ferre: That wasn't his question. Mr.Plummer: How would you vote today. Mayor Ferre: He has already told you that. Mr. Simm: May I please try this and I am certainly coming to there, am trying to. I think that ought to be done. I think this is the last opportunity to look for a connection south across the river via Claughton Island. Mayor Ferre: Gene, it is a question of reality . You know that kind of connector is going to cost 30 or 40 million dollars. Mr. Simm: That is correct, I also know that the federal government released 43 million. Mayor Ferre: Every time we get into these things, everybody wants it but they put it on an item of priority. They have 30 other things they want first. That is why Ft. Lauderdale has their tunnel and we don't have ours. Mr. Simm: I'd like to say, sir, we don't strikeout for these things, we will never get on anybody's priority list. I think that thought has sufficient merit so it ought to be pretty seriously considered beyond the task force report. The second thing as I recall, I am trying to paraphrase what George Acton said. I think he says, compromise yes, but come back with the urban design opportunity. My answer would be, I'd vote for them starting starting sir, with the proviso that until perhaps yourselves are satisfied that staggard hours are a viable management technique, that don't plan on going beyond the 2.34, but as we go if you can demonstrate that you hold the peak down, and this is not all that hart to establish, fine, for all that you can do on that, it is a little a ----the zoning incentive thought, and this is not my field and perhaps I am strained, hut we can document I think to your satisfaction that the island will accomodate an exiting volume of 800 vehicles in the peak hour. I think we could document for you anything greater than that. is going to bring discomforture to the future occupants of the island and the main land. Mrs, Gordon; What kind of relief on traffic could be accomplished perhaps by some ferry mode of transportation to the mainland, traveling in the northerly direction from Claughton Island. Mr, Simm; I think the trip distance is sci very short, let's say the shortest trip would be to the North river bank. It is so very short that it would be consumed in docking, un-docking, loading ticket taking and so on, and I dont think you'd divert a lot of people on the basis of travel , certainly some :) G on the basis of novelty. Now if it was a longer trip, let's say further notth you might get some time savings over street travel, Mrs. Gordon: What about the elimination totally of the need of a cat under that type of circumstances. Mr. Simm: On the island? Mrs. Gordon: Yes, Mayor Ferre: She has a good idea, the problem is that if the majority of the shops and offices were right on the water I think it would work The problems Rose, is who is going to take a boat from Claughton Island to Miamarina and then walk four blocks. That is the problem, so, but the answer might be, --- Mrs. Gordon: I mean some interim place like for instance on Chopin Plaza, Mayor Ferre: Yes, but then you got to walk again, see, so I think your idea is good, but in the long run you end up with, ----I really think that the eventual solution has to be with some kind of rapid transit system within downtown Miami,-- Mts. Gordon: ---or mini -bus system, or shuttle system, or other system, ---- I think if you try to put a car on any area of land, that size or other size, for all the occupants that are going to be there, you can't even put the cars on, let alone the buildings. Mr. Simm: In multi -level structures you can. Mrs. Gordon: Yes, I realize that but what I am trying to get to is a prectical approach and there are some other approaches in getting in automobile and crossing the bridge. Mr. Simm: Yes, and to the credit of the analysis performed earlier by the developers consultant, later by us, and still later with your planning department and our organization, thinks certain of those things have been taken into consideration. We think that the version agreed to more or less by all of us , to transit is probably realistic, the better we do it, the more conservative that is. Mayor Ferre: Are there any other questions of Mr. Simm? Does the administration have anything else to add at this point, then Mr. Frates, or Mr. Claughton,--- all right, Mr. Colson. ---- Mr. Bill Colson: Mrs. Gordon, Mr. Mayor and gentlemen, I stand here for this project, I stand here as I did before and I am very much for this project and I very fearful that if we don't take some possitive action, and do it immediately, we have lost it, and I hope, if it'r; you, with all of your intelligence will strive as hard as you can to make this work. It is so obvious about bad times that I am not going to talk about it, we read it and see if we can't get away from them and there are the obvious things about that whether it is jobs, and crime , by the way, this is an aside,.but I have to say you have done a fantastic job with crime. When I picked up the paper the last week and see the Chief downtown in a uniform and when I see my Vice Mayor down there, I just can't congratulate you enough. It is the most serious problem in town but I am not going to talk about that to you, about this project, although I think jobs do help crime. I want to consider it if we could that were affluent times, certainly they are not, and Iwant to assume we got a one percent employment and I want to assume we've got no crime, and I want to see what is best for Miami, and for the total community, and the total community has got a heart, the heart is downtown Miami, and you all know all of this, I know it, we have all each worked on it, but for goodness sakes, let's don't let something bog down in problems and negatives and not see all the possitives of this opportunity is here for us, and maybe for the last time, When 1 first got involved in downtown Miami, one of the first things we did was to as John Bordman, and the Crowe, Pope and Carter people to come down here and look at all the plans that we had, and were kind enough to come down without any charge, to come here and look at all of our projects and all of our plans, and they worked with us, and I was impressed,: with what they have done in Atlanta. Far beyond Atlanta, last fall, I went out with 5J the University of Miami to Houston and Stewart Patton who told me 1coeld quote him here, Stewart Patton and Jim Billings and I were given a tour. of Houston by the leading real estate developer in Houston, and it lasted for four hours and I saw out there things that make Atlanta look like peanuts Houston has taken off. They have more institutional money than we have there is no question about that with oil, but they have taken the leadership and the chance; and the reason I bring it up is as you all know, and I am sure but 1 don't know that other people know it, as much regard as 1 have for professional planning, particular for Mr. Acton, --in Houston they have done all of this, without any zoning. Governor Connelly's home is in River c)aks, the most exclusive home you could live in, and the biggest one out there, and I swear within a half a block across the street, outside of River Oaks, Is a shopping center. They have an unbelieveable downtown. What does Miami have? Miami has a downtown with mote vacant land than any downtown in the United States. We've not only got DuPont Plaza, we have parking lots galore, and it is because we haven't taken the initiative and done the right things to build up downtown to a strong vibrant heart that it needs. If there is anything we need, it is to put something on Claughton Island, or Dupont Plaza on one side and to build the government center on the other end, and have the two have a ping-pong effect back on each other, and that will bring downtown back to life. We went out looking for people like this, for developers of great integrity of great believeability to come in and do whac? Not ask us to put up the money, but to come in gamble their money, when I sit and listen to all these problems of traffic getting on and off a bridge, I think, my goodness, isn't that partly their risk. Isn't it supply and demand that these private developers and private enterprise are going to take as their risk, are they going to just stand by and see traffic jams happen at 5 o'clock. Of course they are not, they understand people movers. Mr. Mayor and I have talked about that, --they understand ferries Mrs. Gordon, and there is no question about that, they understand that there are other ways to get across a place other than just by one place with jut cars. They understand that, and if I had any problems sitting in your seat, I'd just tell somebody that if we can pass stop signs ani red lights and no left turns, is say you can't go over that bridge at 5 o'clock to 5:30. Doesn't that solve that problem, --it may make these people unhappy as developers, but if you want to be over there, you don't use the bridge at 5 or 5:30 , if it is going to affect somebody else. With your police power, with your intelligence, all of these things can be solved and they are the ones that are risking it with their money. Now I ask you that the reason I am so glad we do have elected officials that you've got to look at a larger picture than just floor area ratios, maybe we don't go all the way as far as Houston, but I tell you I have stood in front of these commission meetings, and I saw this wait on the Doxiadis plan and it was going to solve all of our problems, and it didn't. I worked on the ghetto -to -thy bay bond issue, and I took the convention hall where your city commission told us to take it and I tried to sell it. I tried as hard as 1 could hut people got up and debated me and told me all the things the problems it caused by taking away the green space out of that space where we were going to have it. All right, we lost it. We came back still and worked for you and took the 'parks for people' to go get it,and save it for a green space, but we have waited too long and we lost it and I congratulate you again today that we are finally going to see if what is orrs doesn't really belong to us, and you are to be congratulated and I have helped on that. A lot of ways, in the background, and I am delighted and I am still fighting for it, but we have made mistakes by waiting. We have been waiting for everything to be perfect. This isn't gong to be a perfect development, but I think it is the greatest thing that has ever happend to downtown Miami since I have started studying the problem. If you could say to me, go out and solve downtown Miami, I'd only approve one thing, is I'd put it over in DuPont Plaza instead of giving it to Claughton, But we will do Dupont Plaza next, we will get that done, and we will solve all the people movers, or it won't work, ----they are going to quit building, it is going to be just that simple. That will be their mistake, not yours, Your mistake would be to say that we don't have the intelligence in this community to tell the great developers of this county to come in here and do what, ---spend money, bring residents downtown, to give us the greatest development that has ever been proposed downtown with not a penny of government money, not a penny of tax money, but on the other hand put onto the tax rolls of Miami so that we can go and use them into social programs, put that on the tax rolls of Miami. You've got to be intelligent enough to solve this, and I beg you to do it. Thank you very much. (applause) t)ti Mr. Robert Poe: Mt, Mayor f am Bob Poe from Tulsa, Oklahoma, and before we begin the presentatitin of the Claughton island project I'd like to introduce the Chairman of the Board of Frates Ptoperties, Mt. Joe Frates; to make a few remarks, Mr. Frates, Mr, Joe Frates: Thank you Bob, Mayor Ferre and Miami City Council members, and others present, it is nice to be here today. Most of you have become acquainted with our company through our most able representative Bob Poe, and our associate Ed Claughton. I want to thank you for your courtesies to Bobs They have been warm and generous over this two year period, and knowing Bob as I do, I am certain they are well deserved. Our company is proud of its people, of their int!gtity and of their ability, and of the good reputation we enjoy. Frates proper:ies is the parent corporation of a mumber of subsidiaries specializing in the development of and the investment in, quality real estate projects for the long-term. The owner- ship is in the parent company and the specialized expertise is in the subsidaries in such areas as office buildings, shopping centers, multiple family residential units and apartments, hotel ownership and management, planned community developments and land. Our corporate objective is long-term ownership as opposed to development for sale. We became interested in Claughton Island about 7 years ago, and recognizing then its unique optential in a stable and growing community, we bacame committed. After many dollars, and a grdat deal of effort, we are here today seeking the authority to proceed with an opportunity which we believe to be unparalled perhaps anyplace in the world,one that can and will be a show place for the community, and with the proper ingredients the incentives are here that are necessary to attract the large amounts of capital required, and I might add here that if there is anything shorter than jobs today, it's capital. A very carefully studied plan put together under Bob Poe's direction has been presented and it is for the opportunity to implement that plan as presented that we seek approval today. The team of experts who designed this plan are among the most qualified this country has to offer, and covered to three important areas of expertise, for a development such as this. The traffic planning was done by Allan Vorhees and Associates, the Marketing and Economic study by Gladstone Associates and the physical planning by Gettis Brecker, ,Cunningham. This team had a great deal of help from local firms and incidentally from your own planning department. As an example of one of the local firms, Connel Associates did the d.r.i. study or it was under their supervision. There was but one very broad over-riding criterion given to this team. This project must be economically feasible over the long term. This of course means it must be desirable locally, that it must respond to the market, and that it must have the quality to stand the test of time. We ask that you grant us our project approval, and we in turn pledge that we will full fill our obligations and contribute to the revitalization of a beautiful and dinamic city, Miami, Florida. Mayor Ferre:Thank you Mr. Frates. Who else wants to speak in behalf of the proponents. Admiral Stevens first. Admiral Stevens: My name is I.J. Stevens and I reside at 7280 SW 137 St. Miami,Florida. I am here on behalf of the Greater Miami Chamber of Commerce specifically, and my capacity as chairman of the new Miami Action Committee of the Chamber, this is one of about 10 areas that the Chamber exercises its concerns and interest through. I want to tell you about how we proceeded on this. We didn't arrive at our strong endorsement very lightly. I have been working with Bob Poe for as long as I can remember on this when he first came to town, and in the final analysis, we worked with four other committees of the Chamber, this was the environmental quality and what last year was mass transportation, traffic and transportation and environmental quality. And my committee coordinated what finally led to the position of the Chamber of Commerce. This position was unique in that this was one of the few cases if not the first case, in which the Chamber came up with a position in support of what amounted to a private development, hut we did not take that stand. We took the stand that what we were developing was a new town in town, and this is what we were supporting, The basic charge that the Board of Governors of the Chamber gave to my committee, and this is nw second year as chairman, is very simply put that revitalize downtown, the way you do it you bring the people back downtown. It is that simple. The position paper, and it is short and I'd like to read it again, I think you have it variously but it reads as follows, and this is the official position paper of the Chamber, One of the prime concerns of the Greater Miami Chamber of Commerce is for the downtown area stated as follows,'now it the time plan for downtown residents, creating an atmosphere of safety and convenience for those perspective residents will in turn generate rehabilitation, renewal and economic and social activities, A new life downtown spring from a new home in town. A concept for the development of 9 64 Ia ,.►' ' 1 Claughton Island is clearly in i;ood accord with this important stated objective of the Chamber. Thte gust of course be an assumption that the normal process of the government will full test and measure all aspects of the proposed developtent against the present standards of requirements of the environment and social econotnic and physical needs of today's life, and that is exactly what is happening here. The Chamber doesn't generate things, the Chamber supports things, the Chamber assists things normally that are governmental processes. Finally in the position paper, with this assurance and in order to further one of its vital objectives, the greater Miami Chamber of commerce strongly endorses and supports the proposed concepts of the development of Claughton Island and pledges itself to assist a proposal ,hvough the proces of governmental review and approval, ' that is the end of the position paper, and I'd like to make just one mote comment, about 6 months ago I had the good fortune to make a trip to Tulsa on another matter and I visited with Joe Frates and his brother, Rex and I saw tta their home headquarters, and then Bob Poe gave me a briefing on th2 various out of town development then he finally, before he put me on the airplane, he took me around to these things that Joe Frates had described, some of the things they have in Tulsa, andthe only comment I made and I can make right now, is that I came drooling that, we can't have some of that stuff here in Miami. Mayor Ferre: Let me ask you a question, I think everybody even, obviously Mr. Acton, ----everybody is for this project. I haven't heard a soul that says they are against it. The developers are asking for something, Mr. Acton is saying something else, and the manager says it ought to be somewhere in the middle. That is what we are really wrestling with. Did the Chamber of Commerce take a position on a carte blanche proposal that, in other words, dic you discuss density, did you get into the question of the development of the ,project per se, and office vs. apartment and hotel and all of that. Admiral Stevens: I think our basic position was founded one logical premise that Mr. Parades has already pointed out, that this thing wasn't arrived at lightly. They had a team of experts, the consultants they used are world renowned. When it came to the traffic consideration, fine, we accepted that fact. We did run it through our traffic and transportation, its true. When it came to the environmental quality aspects they had good people on that. They had good people on the eceonomic development. Mayor Ferre: You wouldn't expect anything less would you. These are quality people who approached the development in a quality way. The City of Miami spend almost $400,000. with Doxiadis. Doxiadis had a lot of experts, so we developed different people, approached different problems in different ways. I am not knocking any of this. I am just asking you for the record whether or not the Chamber of Commerce went into the deliberations of the density problem in the mix because that really is the crux of the discussion. It is not whether or not we want the development, Admiral Stevens: We did go into it, but not in depth, because as I say for the reasons stated, that we figued that they had used good people, good consultants that coming up with these figures, so to answer your questions directly we more or less accepted what they came up with. But we did run them through the processes we do have available in Mayor Ferre: So the Chamber's decision is, backing the project as proposed by the proposals. Admiral Stevens: It was really backing the concept. Mayor Ferre: Are you hacking the concept or are you hacking the spe.ific proposal. Admiral Stevens: To me that is one and the same. To answer your question we are backing the concept. Mayor Ferre; They are not the same, because we may have a divergence of opinion as to what the final product is. Nobody is agruing about the concept, I don't think there is a person in this room against the concept, Admiral Stevens: If I could make a few other gratuitous remarks because if it comes up earlier, when I hear and I've seen, I drive Brickell Avenue twice a day, and this thing about blocking out the look-see, doesn't impress me too 1; 4 r 5 very frankly, and particularly from the 550 Brirkell Avenue Building, Where I happen to have to go occasionally to See my Doctor, because 1 don't think this is a real determinate, I really don't. When we talk about low income housing, and Jot Plummer brought this up, all I could think about is would you expect to have low income or middle income housing at Ball Point of the Florida East Coast properties, no way, it won't stand the economic test, so these things I am very mindful of myself, and I certainly agree with you. I don't think anybody in this room is against this, and I think everybody in this room Would do everything they can to keep this project viable, because the last thing we want to do is lose it, and the last thing my committee or the Chamber of Commerce certainly wants to do is lose it. Mr. Plummer: Steve let me ask one question, I am going to cut through 10 minutes of conversation, They are proposing that it be built at floor area ration of 3.24. Does your commi.tte say that is good or bad . Admiral Stevens: We say is is good. Mr. Plummer: That is all, thank you. Mr. Lester Freeman: May I respond to the deliberations a bit. There was considerable amount of deliberations by five Chamber committees and the Board. And dealing in concepts is an interesting notion because the proposal, the details of the proposal have changed every time they have been presented by every different element including this proposal today by the City is different from the one I heard at the planning advisory board, so it was not within our understanding of the project to approve any particular approach, there was no opportunity to do that, so I think the deliberations we had dealt with a concept of major development and a planned community sense as indicated by the most current proposal of Frates brothers. That is the way we came at it, but you can't say we approved that floor area ratio. We didn't see it at that point. Mayor Ferre: That is pretty important, Lester, and I just want to get that on the record . Mr. Lester Freeman: You understand why we use the term concept because frankly we are trying to be very accurate with you. We did not review the details of what has yet to be proposed here today. Neither have you. I want to indicate to you we are a very flexible organization and November of 1919 the Chamber Board of Directors, and I have the minutes of the meeting, strongly urged that the City of Miami oppose the filling of a small piece of land know as Burlingame Island with the spoils if the dredging of some of the Miami River, so we are here today to tell you that you made a mistake then but we are willing now since you went ahead and did it. Bill Colson has a very trough act to follow, but we do have a lot of plans in Miami. Bill and I have been working with a lot of them for downtown particularly, paid for by those of us who are taxpayers in the City, theDowntown Dev. Authority, and others. The Magic City, the Doxiadis, the most recent, I guess, the Wallace McHarg, we even worked with the Manager on the Biswanger, Hope task forces, ---we are really kind of plans -poor as I used to say in the country. We are actually overly planned and under -implemented it seems to me. Why? Well if you think about it, the Mayor was talking about the Doxiadis plan a minute ago, the reason the Doxiadis plan did not go, there was no investor. Nobody came forward and said I will invest my money in that plan, with the cooperation of the City of Miami. Mayor Ferre: The first thing he wanted to do was put a bridge over Biscayne Boulevard, which then was estimated to cost $400 million, Now we can't find $40 million to build a bridge, Mr. Freeman; The thing Mr. Mayor is, so unique about this proposal here and reason the Magic City and the Doxiadis and all the rest of them never could be brought together because all the parties to implementation were impossible to coalesce. You had 4 or 5 government jurisdictions and literally hundreds of private owners spread around the whole area and there was no way to get them all to sit down and say here is our plan and we will put our money in it. Claughton Island on the other hand is 44 acres of clear land, pumped up land, by the way, which is under one ownership who is here saying they are willing to put their money into the project. That is what makes Claughton Island totally unique not only to Miami but to the best I have been able to find out to the world, in a downtown urban area. So we have agreed through the years and all these plans have talked about new towns in town, living spice for residents downtown. The planned -commercial -unit development approach h;is been recommended universally by almost every plan we have had, as a fine way to accomodate the people of this community, particularly in a large urban area. Now we all know that private enterprise need not venture its resources where it is obviously unwelcome. With the tremendous shortage of capital we have nowdays, there is just too many other opportunities. Now Claughton Island is a new town, --we can call it that: It is a planned community development, you can call it that. It is conceptually however what we have been told over and over, what we need. Practically it works here because it is under one ownership. The developer, builder, owner manager are all the same people, all the same legal entity amd we know because all of you have investigated and we have investigated and bankers have investigated, these are people of thehighest quality in the United States. At the first meeting I came to of this group you formally accepted the concept yourself, --sent it back to the planning group, and the planning advisory board, they have come back with additional discussions and we are hack here today,but it has always been my feeling that this Board agreed with the idea of developing Claughton Island, ----I think the Mayor just said that. Let's lay aside a few of these myths . We seem always to have to deal in myths. One of them is this low-income housing. This land is probably worth 20 to 40 dollars a sq. ft. A 1000 sq. ft apartment would have a land investment of $20,000.----it would cost you 20 dollars a foot to build it, that is a $40,000. investment, you ammotize that over 25 years at 8% it is at least $300.00 a month to pay the mortgage. So I don't see how that will ever work , unless we want to subsidize it. Are going to ask just the people that live on Claughton Island to subsidize low income housing or we as taxpayers going to assume that community -wide. That concept has been clearly established in this country, that the total tax base in the community is going to pay for the subsidy, not the people in the area. We do not have special taxing districts for that purpose. Now, there is some discussion I heard earlier, I haven't heard it recently, that the City would buy the Island for a park. The taxpayers pretty well spoke to that concept. Mayor Ferre: Let's not get into ficticious areas, --nobody is talking about any of that. Let's not get into areas of parks that don't even exist. Mr. Freeman: I was talking about myths. Mayor Ferre: Let's get right to the area, ---- Mr. Freeman: There is a myth, I really think, we t.eep hearing from the South Florida Regional Planning Council, from your own planning, that this is not in the best interest of downtown Miami. Mayor Ferre: I don't know about the S. Florida Planning Countil, our administration recommends this project, ----recommends it strongly, as I under- stand. Mr. Freeman: No, I didn't get that impression. I saw half of the project lying on the floor. Mayor Ferre: You saw a discussion on density being graphically demonstrated here. Mr. Freeman: I heard Mr. Acton say I recommend against the project. Isn't that what he said? Mayor Ferre: No, Idid not hear that. What Mr. Acton said was that he recommended against this project. Ue recommends for the project in a different basis. This commission hasn't accepted or rejected what Mr. Acton is saying, That is what we are deliberating on now, Mr. Freemsn: I am dealing with the project before, and that is that one. Am I wrong about that? Mayor Ferre: I don't know whether you are, or you are not, Lester, That is something for you to judge. I am the one that has to vote. Mr. Freeman: I understand that, and I am trying to help you with that. The test that this thing has to pass which we all understand clearly, is the consuming public's demands, and the test of time, We know that, those are facts, 1711 myths involved in that. None of us today can know the answers to what those demands of the consuming public and tithe are going to be. That is a fact. So let me urge you, really, I think, resist the temptation, --we can't sit around here it seems to the, in a responsible form and talk about floor area ratio. I can't sit here and pick things out of that plan, I am not qualified to do that. Mayor Ferre: But that is what we are elected to do. Don't you think we should sit here and discuss floor area ratios. Should we go like Houston, that is not a bad idea. Mr. Freeman: It isn't bad. don't think we will ever get to that here. Mayor Ferre: Is that a Chamber position too? Mr. Freeman: No, not a City of Miami position. It is not even before us as a matter of fact. You perhaps can make a deal with a developer to keep on changing, changing, but all I am trying to say, perhaps I can't express it property is, there hat to be a limit. There has to finally be a day when you take one more of those blocks out and it will no longer work. I hope we don't bring it to that. Thank you. Mayor Ferre: Mr. Prates, I'd like to ask you that specific question on the record, if one of those blo:ks is gone, will the project be dead? Mr. Angus Smith: Mr. Mayor; I am Angus Smith, Asst. Director of the Downtown Development Authority, I am here on behalf of Lucius Williams who is attending another meeting. At this time I'd like to enter into the record a letter addressed to Ed Claughton from Mr. Williams, regarding this project. 'Dear Ed, I am pleased to provide you a copy of the minutes of the Downtown Dev. Authority meeting held on Sept. 24, 1974, which reflects considerations of theClaughton Island development proposal by the Board of the Downtown Dev. Authority . You will note from these minutes unanimous approval in principle for the proposed development of Claughton Island, based on the assumption that the property will comply with the requirements of govern- mental and environmental, social economic and physical needs of life. The approval further found th'a proposed concept for the development of Claughton Island to be in accordanc? with the objectives of the Downtown Dev. Authority. Sincerely, Lucius Williams, Ececutive Dir. Downtown Dev. Authority' ----so in effect, gentlemen, ladies, the Downtown Dev. Authority does approve this plan in principle. We are not addressing ourselves to the merits of the floor area ratio, the parking or traffic consideration at this time. Our feeling is, this will be worked out. We think the project is good for downtown Miami, even though it lies on the outside of legal jurisdiction. Mr. Plummer: That is all well and good. We can't sit here today and approve it in concept. Mayor Ferre: YOu say this will all be worked out. The question is when and by whom. Mr. Smith: By you, gentlemen and ladies, Mayor Ferre: That is the point. A11 right, Mr. Armondo Garcia is next. Mr. Lauredo is going to translate, --- Mr. Armondo Garcia : Honorable Mayor of the City of Miami and City Commissioners, my name is Armondo Garcia and I am editor of first Cuban newspaper in Miami.We have felt it appropriate and necessary that the voice of a Latin be heard in this deliberation today. We feel that it necessary and appropriate that we speak here today because the Latin community today encompasses a substantial number of the citizens in this community, and it is perhaps this setting of precedent, that we have an in -put into all matter that directly concern the welfare of this community. II iiipIp1Iiuui......■ (translating for Mt. Attend() Garcia ): Mt. Luis Lauredo: From what I have been able to understand, this would be the translation that I have heard: It seems that the direction of the argutrents tend to flow in opposition to bringing this project to full realization in this community. I have heard several objections that this is going to happen, that is going to happen, speculative objections and I think it is important that 1 make the point that this project is one for the future of Miami and one that will bring forth further development and economic improvement in this ar'a, roughly. In times of recession and economic hardtimes where capital flow is beginning to be restrained by institutional lenders it seems to me rather illogical that a project of this mz.gnitude where a capital already seems to exist and is going to be brought here that we would be raising what he feels to be very substantial objections and that may not only be detrimental to this particular project but to the further stimulation of similar projects in this area especially in light of the slow down in the construction industry in this area. Let's move forward towards the development of this island. I feel strongly that it will not only benefit the downtown area but that it would have a direct impact in what we call the "Little Havana" area in terms of business stimulation and with all due respects to all those objectors, either the traffic flow objection or the density objection it is much more pressing that we have... With an intelligent and respectable developer as the ones who are proposing this project it seems to him only logical that they would propose both traffic con- venience flow and all of the kinds of comfort consideration above and beyone those minimums required by City ordinances; they would be within the economic demand and supply law that this would come about. Mayor Ferre: All right, thank you very much senator. And now I'm going to recog- nize Renaldo Castellano and then Luis Sabines. All right, and then Mr. Sabines. Now I want to point out to you that are going to speak that we have to vote on this in the next half an hour. So it is very unfair to take away time. So don't repeat anything that has already been said. Let's get right on with the subject matter because we really should come to grips with it very soon now. Mr. Luis Lauredo translating for tir. C. Rodriguez: Interested Latin construction workers had a meeting last night with some of the local residents of the "Little Havana" area to consider and discuss the pros and cons of this project. It is the predominant fear in the Latin community the problems of unemployment, inflat- ion, specifically recession that are not only a crisis specifically in the Latin community but has reached post crisis conditions. Beyond the technical objections hereforth raised today we feel that it is a special type of circumstance where outside capital is coming in and not speculative capital but rather stable capital which is going to produce a lot of jobs in an economically hard area. Again beyond technical objections I urge you, the City Commission to pass this project because in brief it would tend to alleviate the economic situation in the immediate future and where you could do otherwise it would be part of the anti -labor recess- ionary forces in this country and specifically in this community. Again in brief, I urge the City Commission to pass this project we feel will have a beneficial economic impact of what our estimates are of at least 2000 new jobs. He collabor- ated, he was speaking for the Little Havana community. The objections raised to- day would have a lot more merrit under normal economic conditions. But in the light of or in the content of the economic situation today it would mean basically work in matter of, including meals for certain people and we urge you to please pass this project as presented. As a labor leader again I quickly urge you to pleas pass this project and start on it immediately; it would mean an immediate relief for the working in this community. Mayor Ferre: Mr. Luis Sabines and then this lady and we have another gentleman over here. Mr. Luis Lauredo translating for Mr. Luis Sabines: Luis Sabines, President of the Latin Chamber of Commerce; he starts off that he'll be brief, he's been at all of the meetings in which this project has been considered. In the name of the Latin Chamber of Commerce I ask Msyur Ferre and the City Commission to approve this project its its totality because this is what I believe makes this a great city. Thank you. Mrs. Mathilde Ponce: Mr. Mayor, Commissioners, I am a member of the Latin community but besides that I am an architect. I heard yesterday, and I'm not representing any institutions; I belong to the Cuban Architects Society but I came because of my self interests on all these questions. I heard yesterday night by a Cuban radio calling the community to assist this meeting. That is how I came to hear about it, I have heard opinions. I don't with to disagree with my community, of course, I understand the reason. In fact, I am a pro- fessional, I'm an architect, I'm 8 years in this country and this is the first u u rirn :T n 1' 7g time I am without a job. But I don't think the problem, and I understand the reasons, but the main problem is hot to bring jobs to people which is important. Ahd also I would like to say that I understand this CotimMission has started this project and I haven't been familiar with it. But the recommendations that softie,= times seem that they are against the project, I'm sure they aren't. So as sate, - body said, I can't remember the name, I hope everything could be worked out between everybody and bring out the best solution for the community, for the City and for the workers and the professionals. So what I want to state is that I'm not representing anyone; I am a professional, I anan architect, I recognize how this project would improve our city, our community, how hard we need more projects than this one not only from private enterprises but also from the government. What I wanted to say and I'm going again the same thing is that, you know, because of some reasons that a professional has a satefy and sustenance that means that they are against a prico.... Thank you very much. Mayor Ferre: Thank you. All right, sir. We have two other speakers over here, would you like to speak and then Grace Rockefeller. I really think it is very important that we give them the tine to make their. Mr. Joe Supbers: I agree and i'll be like about one minute, Mr. Mayor. If you recall several months ago I addressed this Commission and at that time was a little bit... Mayor Ferro: I'm sorry, your name and address for the record. Mr. Supbers: Joe Supbers, I'm a downtown businessman, resident of Florida for all my life, offices in Miami the last 10 years; also active in community affairs and I'm serving second term as general chairman of the Doral Eastern Open which is certainly very important to this community as is this project. AS I stated earlier several months ago I addressed this Commission and was a little bit vocal in my disfavor of the way that the red tape of government sometimes works. I'm not in that mood today at all. I applaud you all for getting onto the job in our hands and I just simply want to say that I'm glad that this project is finally coming up for final decision. I hope that you all will allow Mr. Frates and Mr. Claughton to spend the $100,000,000 plus money in this community because gosh we need it. And I hope that you will approve this project pretty much in total as it is presented here today because it has already been radically changed to meet some of your concepts. Thank you very much. Mayor Ferre: All right, thank you, sir. Mr. Plummer: Mr. Poe, how long is your presentation approximately? Mr Poe: Twenty minutes. Mr. Plummer: Let's take a 5 minute break before we go into him. Mayor Ferre: Well let's listen to all of these people No, we're going to listen to him and then to Grace and then 5 minute break and then we'll listen to yours. Mr. Nestor Carrero: Mr. Mayor, Commissioners, I'm going to need necessity for interpreter because my English is very very poor and I have to express something which is not touched in this project. My name is Nestor Carrero, I am mechanical engineer, my degree is from Argentina. (As Translated by Mr. Lauredo) I represent the unemployed and the title I have given to myself because I'm not employed. I have been looking for a job in Miami for 8 months without success. In three more months I will be forced to leave Miami because my reserves are going to be exhausted. When I see the display there, the project, what I see, houses and houses I automat- ically compute food for some people and work for some people that I know like my- self. If members of the City Commission and the City Manager's office were to go to the unemployment lines they would find extremely depressing, hard cases. Mr. Carrero: And also crying, many people crying there because they've got no food, they've got nothing. The figures presented by the transportation study seems not correct, Specifically as to the traffic flow in light of the oil crisis it seems that that the impact would be much less were we to experience another embargo or changing attitudes towards travel. We may, myself and the Mayor be running around on a bicycle. Mayor Ferre: I intend to ride bicycles, Mr, Carrero: I appreciate your consideration and I hope you vote in favor of this project, Thank you. 1�O1 1975 Mayor Ferre: Thank you, sir. Now Grace Rockefeller and ',`.hen we're going to take a five minute break and then Mr. Poe, you'll have your chance. Mrs. Grace Rockafeller: Mt. Mayor and members of the Commission, I'ni Grace Rockafeller. I live at 814 N.E. 71 Street and I'm speaking as a private citizen. After reading and hearing all of the criticisms in the news media about the pro- posal to dump 800 cars during the peak hour on busy Brickell Avenue I decided to do a little mathematics and I'd like to explain that to you and make a suggestion: And of course traffic relates very much to the density, the higher the density the more traffic. Now I don't know the length of every car, ours is 19 feet long, some are shorter some of them are longer. So I multiplied 17, I took the average nut- ber, by 800 and you come out with approximately 3 miles of cars bumper to rumper. When you put the necessary space in between those two cars which is the lergth of a car you come out with over 6 miles of traffic which is going to be dumped onto Brickell Avenue in one hour. So I have a suggestion for you, I don't know whether you care to carry it out or not but it would probably solve your problems as to traffic and to density also. If the City Commission would authorize the traffic department to line up 800 cars and trucks and pour them into Brickell Avenue dur- ing the peak hour I think you tell whether you want to go to 2.5 or 3.2 and/or whether or not you want another entrance to and from the island. Thank you very much. Mr. Plummer: Is there anybody else that wants to speak before the project is heard? Mayor Ferre: All right, now I will not recognize any other speakers other than the proposers of this property beyond this point Thereupon the City Commission recessed for a brief recess Mayor Ferre: All right, if you'll all take your seats now, please. We're runn- ing way behind schedule, there are a lot of people here on other items. Go ahead, Mr. Poe. Mr. Bob Poe: Mr. Mayor, I'm Bob Poe from Tulsa Oklahoma. I want to shorten this quite a bit for you and I'm going to absolutely minimize the presentation. I think each of you have studied in depth the information we've submitted to you and I want to begin by telling you that you have been misled; and I want to illustrate exactly how and I'm very very disappointed in this and I will further acknowledge that it was an honest mistake but the :nodel out here that has dram- atic affect is not 3.24 FAR; the model is 3.89 FAR. I can show you, Mayor, watch. Here is an office building, it measures, and I asked Mr. Acton the scale and it treks with the island, it measures 110 feet by 110, that's 12,100 square feet per floor; it measure 25 stories high, that 302,000 square feet. Ok, if you will just trust me or look in your own in the submittal taht we gave you, this one right here, if you'll turn to... Mayor Ferre: Mr. Andrews, would you have somebody tell the people outside that we're in the middle of a session, if they want to speak they can go outside. Mr. Poe: Looking at this very clearly the same four buildings that George Acton has there, 1 (b), 1 (b) office building 171,000 square feet, he's showing you 302,000 - now that is ridiculous. Bring a modle up here that starts out at 3.89 and he strips it down to 2.4 and says now doesn't that look a lot better. I think it is unfair. Mayor Ferre: I think so too if, now Mr. Acton, that's a pretty serious accusat- ion. Because what he's saying is that you've misled this Commission. Mr. Acton: I agree, Mr. Mayor and I'll say we'll check it out. But we double checked the figures based on the information of the conceptual plan. All I can do is check it out for you. Mr. Poe: It is very simple to check. I got to see the model for the first time this afternoon when I walked in here. WE got here a half hour early and that is fortunate; we measured every single building, I multiplied it out and checked it carefully and those are the facts. Now he can take it and study it as long as he wants to and I'm telling you the facts and I'11. now put up a model that's accurate so that you can at least make a judgement based upon what the honest situation is. Mayor Ferre; see you very capably developed downtown Miami, 6 6 .1975 41k Mr. Poe: Mr. Mayor, we belidve downtown Miami hag to be developed or we wouldn't. be here today because we're betting $250,000,000 that the test of that is going to happen within the next 20 br 25 years; and we're betting out money too. I Want to show you, and these are very accurately scaled, 1 instructed my staff when this Model was prepared to have it checked by two people. Very very Kittle parking is shown in the downtown Miami area that we'Ve been able to illustate. That FAR right there is 11 which is the minimum FAR, or pardon me it is the max- imum FAR under your proposed reduced zoning for office and retail. Now that is 11, we didn't try to show 17 and say it is within 1000 feet pedestrian mass transit station, that's 11 with an exception of the 1 Biscayne Building and the First Federal - that block is 13.7, we've let the DuPont Plaza, the First National Bank. Now I want you to look at the island. Commissioner, could t help you, sir? Mr. Plummer: The only question I was asking of the Manager, under the proposed study and rezoning of downtown I was under the impress on that it was to be re- duced from 30 FAR to 17 and you're talking about 11. Mr. Poe: It is. The reason I'm showing 11 is so that no one could say that we've attempted to exaggerate. Seventeen is the proposed new density if you're within 1000 feet by pedestrian distance of a mass transit station. We're assuming there will not be a mass transit station in the downtown area. We took the most conserv- ative position possible. Now if you'll look at :he island that honestly represented is the office and the retail and absolutely all of the parking Mr. Acton thinks we ought to have. And If you'll look at downtown Miami that is the office and the retail that is proposed for downtown and I think that brings into focus the ridic- ulousness of the recommendation. That is one half a million square feet of office and retail to scale, to exact scale to our best ability, and all of its parking required. Now I want to show you what we're asking for. I have three buildings where Mr. Acton had 4; I also have 4 that are to the correct scale, I could switch them and I will in a little while and you can see it both ways. That is the office and the retail (Inaudible). That is to scale, 1,200,000 square feet of office, 222,000 square feet of retail and all of the parking required by the Central Island District ordinance. Mayor Ferre: All right. Now does that include the parking for the apartments? Mr. Poe: I will get to that in a minute, that is only the parking but absolutely all of the parking that would be needed for the office and the retail. And again compare that to the downtown. To illustrate I think that we are making a reason- able request. Now I'd like to show you just the residential alone and all of its parking. Mayor Ferre: Now you've got me a little confused because I see that you're putting some buildings on top of that parking. Mr. Poe: Ok, there is a central core that is common to both and the reason I did it that way was because I would have had to taken a couple of stories off of it and it wouldn't have made any difference in appearance; but in effect to be exact- ly precise about it I showed more parking in the other model than is t.ruly needed and there is more in this one than is truly needed. Mayor Ferre: Does that include the hotel? Mr. Poe: That includes the hotel and the 3075 maximum number residential units that we're asking for. Mayor Ferre: Now put the offices up. Mr. Poe: All right, now we'll put it all together. Before we do let me show you one other thing just to make an illustration. If you'll look to downtown for a minute I want to show you the residential, I want to show you the resident- ial that you are hoping under your new incentives which is a FAR of 4 to go from FAR 11 in downtown to 15. Now this is what you're truly hoping people will do. Without taking the time, the pile of residential units in the bay, if distributed and we have a key to it and I can put them exactly on each block and each block will have exactly FAR 15; now those are the residential units that you hope you can have someone come to downtown Miami and build, No one is standing in line to do that, We are here today teling you we are prepared to spend our money to build those 3075 units. Now that residential area is 2,5 FAR; what you're look- ing at right there give or take a couple of hundredths is 2.5. That residential is 2.5. Now what we're saying is that in order to build that 2,5 residential we have to have .74 FAR for office and retail. Now that was what I had on there FER I 2 1975 While age; 3/4 of Ohe, now if you wanted to calculate ,76 or point ,13 I could look it up, Now that is what we're talking aboet. Now we'll put it ail together. Ok, how that is 3.24 FAR and to answer your questicn that you asked of Mt, ttateb# Mt, Mayor, Mt. Adtoh's pi -eject ih out oPinith for cur Money is not feasible; it is not economically feasible and,/sm telling- you today for the record that that is out peSition. This project will not have sustained positive cash air* until 1983 based on our development Schedule; there will be intermittent years between '75 and '83 where there will be positive cash flow and then it goes strongly negative again. It is 1983 before this One is realistically economically feasible for the long term and we're saying that we will build that and we'll stand behind it and we'll pledge to you to maintain the architectural control and to cause it to be built within all the guidelines that our integrity stands for and our project as to you represents. Now, the see through deal has gotten to be quite an issue and I want to show you; I'll do what. George Acton did only I'm going to do it to scale and I say again, I sincerely believe his mistake was honestly made. I absolutely do because the minute / saw the model there was no question. Now / want to take and put up the condominiums that have 50% more floor area for each tower than those. Ok? There is 3.24 FAR. Now it may look like that we've tried to exaggerate it but I want you to look at the new condominium towers I put out there. Look at any of them you want to; the floor area, the area per floor of each of those, the ones I just now put on there not the ones I had before is equal to or less than the floor area for the Brickell Place or the Brickell Bay, both of them really. The heighth of them, the bulk and all of those things approximates the .square feet per tower of those projects. So I say that has see through. I say that is a relatively undense project. I say, Mr. Manager, that that project does not have excessive bulk. Now that is the project we think is realistic and the next thing, Mr. Mayor, that concerns me a great deal; throughout this entire proceeding we've been here two hours and thirty-five minutes, no one to this minute has presented to you and to this Commission the Planning Advisory Board's recommendation, your own advisory body that took into account absolutely all of the recommendations of Mr. Acton and his department. And I guess have to give it to you and I want to right now, if I could, sir. Your own Planning ADvisory Board recommended that the floor area ratio be that floor area ratio, 3.24. They recommended that subject to our agreeing to dedicate to the public as a desirable addition to your City Parks System, to use Mr. Acton's worth, a 3 acre park and that we spend the million and one half hard earned dollars we said we would and that we agree to maintain it in perpetuity which is an integral part of the application for develop- ment that you have before you. Your Planning Advisory Board recommended 3.24 after listening to Mr. Acton and traffic and all the other things. Your Planning Advisory Board recommended 1,138,477 square feet for office and retail, the sum of the two after listening to Mr. Acton's recommendation of 500,000. Your Plan- ning Advisory Board recommended a number of dwelling units per acre of 58, we have asked for 73.6; and that, I think is the essence of their recommendations with a couple of exceptions and like to cover those for you now so that have completed that report as best I am able. They recommended that we give con- sideration to, or we be encouraged to provide additional vistas. Now the develop- ment order that's before you says that the additional vistas will be allowed and should be provided by reducing the intensity of development. That's not what they recommended and that's an error and that one phrase should be stricken. But aside from that the development order, Exhibit "A" prepared and presentee to you today is exactly as best I can read it, the Planning Advisory Board's recom- mendation which is substantially what you see there today. The next thing they recommended, Mr. Mayor, is that the traffic be limited to 800 cars per hour exit- ing the island during the evening peak hour. I'd like to read you the one or two sentences that is in the development order as prepared and presented to you. The City Commission finds that the exiting peak PLM. hour traffic will be limited to 800 vehicle trips in order to insure that this maximum will not be exceeded. A traffic survey conducted by the Dade County DOT will be conducted prior to the issuance of each new building permit to determine the exiting peak P.M. hour trafic and the probably affect that the proposed buildings and those already construction will have on the maximum limit; no building permit will be issued if it exceeds the 800, and I paraphrased the last sentence. Ok, now I want to read you on that point about traffic and this is the traffic deal in a nut shell. We can have all of the rhetoric and I have probably one of the best traffic engin- eers in the country here representing us today, and Mr. Simm and his people are highly competent. I want to read you from the City Commission Minutes of this very Commission on October 3rd, on page 25: Mayor Ferre asked Mr. Simm and Rev. Gibson to address themselves to the traffic issue. I quote a part of Mr. Simm's which does not distort his position, he's here to correct it if I'm wrong. Mr, Simm; The development will not cause severe traffic congestion if developed and/or managed in such a way that no more than 800 vehicles exit the island during the pea % hours specifically between 5 and 6 P,M, Mayor Ferre: (after he skips down) In other words, M. Sim, it is a qual- ified yes. Is that the way I understand it? ....M•11001.4 7u Mt. Sit : That's correct. Mt. Poe: Now I'd like to just ask Mt. Sift, if you could just answer this yes or no and if you heed to get into detail we'll delay it& Frolll the traffic standpoint alone, strictly traffic which is your area of coutse and you're highly qualified, if the number of cars leaving the island is liflited to 800 during the evening peak hour would you oppose this project from the traffic standpoint? Mt. SifUilt No, sir. Mt. Poe: Ok, thank you, sir. What we are standing before you today saying to you, we are willing to accept the limitatiol of 800 cars axiting during the even- ing peak hour. We are willing to abide by the language ii the development order that says that prior to each new building ,permit the Department of Transportat- ion will check to see if the number of cars exiting is in excess of 800 and if nbt, if the new development based on honest, good, sound common sense will cause it to exceed 800; now we're willing to do that. And I'll tell you why. Because we believe we can manage our buildings where there'll not be more than 800. We believe that if it starts to be more than 800 the Metropolitan Transit Authority will do what they told us they sure wanted to do and that's bring buses on the island and that's going to reduce it; and they're sure glad to do it and we're going to provide a bus station where they can pull in, the people can wait out of the weather for the bus service and we're going to encourage that. We are anxious to work with the people mover system that's being discussed to connect the downtown area to Omni and west to Government Center. We will build and operate the ferry if it will make a difference in traffic if 800 becomes a problem and we may sure do it anyway, Commission. So I say let's just lay the traffic thing to rest and let's get down to the project. We're willing to accept 800, everybody in the world says 800 is a good number and that ought to be the end of that. Now I want to go to really our project and because of the hour I'm wondering if we do need to have the detailed presentation that we really did want you to see. I wanted to have Bob Getteys who is here today and who is the Dean of the School of Architecture and Planning at the University of Princeton, he's on the Board of Directors of Johns Manville and in others as well, as I understand it and that indicates he does have a sensitivity to the economic side of business as well. I wanted him to give you allof the thoughts tht he put together on how this project was planned. It is late and t would like to ask him to quickly summarize his thinking for you and if we get into the debate area where you would like to more adequately explore the professional thinking that went behind this plan why he stands very willing and ready to do it. He's an extremely competent gentleman and it has been a great pleasure for me to work with Mr. Bob Gettys. Mr. Bob Gettys: Mr. Mayor and members of the council, I'm very pleased to have worked with Mr. Frates and with Bob Poe and to have a chance to present this. We have also had very good relationsh:.ps with Mr. Acton and' the Planning Depart- ment in large. But the results of the planning has been that tney thought that we were employing imaginative concepts of urban design, sensitive landscape treatment reflecting the sophisticated blend of urban living in an unique island environment. And I sincerely hope that we are able to follow through and to achieve it. To show you very briefly though, very briefly, we'll show you some slides of the project and its planning base and its urban design intentions if we may. The basic land use proposal is seen on the right. The green area is the area dedicated to office space. On the right hand side, the eastern side, the brown area is the residential and where they overlap is an area of mixed use, hotels, shops, an arcade, gallery,'and so forth, the spine of the island. On the left is a visualization of the landscape, the way in which parks and build- ings are woven together. It is in effect an urban garden city. The land use plan then represents the idea of mixed use. The behicular circulation and park- ing plan is based upon having a separation of vehicles and pedestrian circulation as you'll see later. The red lines indicate the vehicular circulation and the black lines represent pedestrian circulation; we think we can keep them completely separate, we can have bridges, we can have a pedestrian island and the results of that would be that in fact it is like a garden city - gardens and buildings woven into a pedestrian precinct. The major landscaped open spaces, the edge of the island is completely landscaped as a walkway. The office park would be a major public amenity for the future and open space would be woven into the housing as you can see on the drawing on the left. Visual corridors: The red arrows show the major visual corridors. As you come across the 8th Street Bridge you'll be able to see completely across to the bay. There are a series of visual corridors east to west favoring the brickell area. There is a north south visual corridor made up of the major boulevard of the island. Generalized building locations again favoring the east -west openess the arrows indicate views through an orientat- ion of bui.ds.ngs, the circular points indicate buildings which have orientation in all directions. The pedestrian circulation again, the entire west side of the Ft.;197 island would be a public pedestrian easement and there will be a network of pedestrian circulation for people who live and wotk on the island woven into the fabric of the buildings and the landscape itself. Aid then to recapitulate the basic plan is based upon a land use with the western side for offices, the eastern side for residence and the Mixed use line down the middle and on the left the weaving together of essentially a series of gardens, buildings and a pedestrian island: FE 1E775 Mt. Poe: Thank you, Bob. To Make sure we weren't off base we tried to talk, Mt. Mayor, to the leaders of sofne of the other major mettopolitan areas that have actually gotten off the ground. And 1 just to take one second and quote two of them; Louisville, Kentucky, population 350,000. In the downtown area since 1969 $300,000,000 of private capital has been invested in therevitalixat- ion. The corinent was made by Mr. Wilson Wyatt who is the Executive Director of the Louisville Central Area Inc., he said, In order to have that accomplished in Louisville it took the total support of all of the leadership. He said we had to encourage the types of developers that have the types of capacity and the desire to do those kinds of projects in Louisville and he said according to our study there were 6 in the country, and only six that had the capacity to operate in Louisville over that short a time span with those types of projects at that level of investment.And he rated Frates properties as one of the six, by the way. Atlanta, Georgia, Dan Sweet, Central Atlanta Progress, Inc., executive director. "You must have the total cooperation of all the leadership." Since the mid-1960's he said that the additional factor we've been blessed with a good Mayor that's pledged to improving downtown. He said we found good developers and he named three of them of which we're not one to the level in Atlanta, the best there although we have a substantial investment. He said there must be a cooperative atmosphere where the developer i:: encouraged by the municipality. And the munici- pality in Atlanta provided economic and other incentives to encourage inve:;tment. The sum of it is we do not think that our project is going to produce traf:`ic that will cause our investment to depreciate at an extraordinary rate. WE think we will be able to sell the condominiums, rent the units, rent the office space and have the project work. We also think that for our project to become a reality this must be done: We think the Omni Project is vital, and the government Center and the linking of that triangle with a backbone and another extension is very necessary. And I point out to you our studies indicate two sources, the Gladstone I think is represented today, said 225,000 square feet of retail is necessary to support the project. Our own retail people that are also represented today and came from Dallas to explain it in detail if you wish said 222,000. That's why we reduced our request on retail tp 222,000. We do not request a junior department store which is a use. We also will accept the Planning Advisory Board's recom- mendations about eliminating uses of appliance stores, carpet and it seemed like there was one more - we are willing to accept the Planning Department's recom- mendation too on those. In a nutshell, Mayor and Commission, we have studied this project probably unlike many of any that yoi've ever seen because we're not talking about asking you to rezone the piece of property. You've already done that. We're not asking you to approve a project today so that someone else can come in here tomorrow. We've studied it because this is our money, because this project must be economically feasible. I again remind you that even this project does not have the positive cash flow that you would normally expect on a sustained basis until 1983. That concludes the formal part of our presentation. I will omit the traffic -oh pardon me. That is an important point I overlooked. In fact I did mention the Planning Advisory Board recommended 58 dwelling units per acre. That number is not one that we can live with to make this residential project do what we are convinced must be done for downtown. You know we talked to many leaders and every single one of them say we've got to have people live downtown if this thing is going to work. And I azsolutely do not understand why the number of dwelling units per acre should be reduced. And I want to touch, and this will take just one second, the present C-3 zone permits 348 dwelling units per acre. The proposed C-3D which is immediately north of us on the river permits 198 if you adopt it as it is. R-5, Vizcaya North you talked about permits 96.8 and they're at 95 or 96. I think that you should increase the number of dwelling units per acre to at least the 73.6 that we've requested and I urge you to give that serious consideration. Thank you. Mrs. Gordon: Mr. Mayor, I've been pretty quiet in absorbing everybody's infor- mation. Mayor Ferre; Rose, before we get to the Commission level, is there anything else that Mr. Claughton or Mr. Frates or any of your representatives want to add before we open this up to the Commission Discussion? Mr. Frates. Mr. Frates: Speaking to Bob's point about number of units per acre, the reason for that is that we have to meet the market. We can not build units out there and we will refuse to build units that will not sell. WE don't think that we can sell units that have to average 1600 and some odd square feet per unit. We think we have to have a lower average than that. Mayor Ferre; Isn't it a question of averaging it? I mean you could build some smaiier and some larger. - " L 1975 FEB 121975 Mk. Prates: That is right, but we have to speak to averages since we can't speak to individual units: Mt. Reboso: You say 1600 or 600? Mrs. Gordon: Ok, express Myself on a few points that I've been listening to, and ideas that I think are important and some that I think we ought to adjust perhaps. One of the things that I agree with you, Mr. Poe 100% is the number of residential units should not be cut. Because one of the prime objectives that I think ought to be achieved in the development of this area is to bring people back downtown to live. And everybody may not share that opinion with me but to me that is a very important reason for developing this island. I was stating the fact that the residential portion, in my opinion, not be cut; that this was one of the most important facets of developing the island. Now, I'm not so sure that the number of square feet to sustain the number of units involved of commercial usage is correct. I'm not an authority on that and I cannot say that -two hundred and something is proper and one hundred is not or something in between is or isn't. I don't know. But I do believe that the residential portion ought to be maintained at the higher level. Now at the office space I'm not so sure that the amount of office space that is being re- quested will be the amount that is needed to service the residents of the island. In my thinking this island is a town in town concept that we read about, we've heard about, we've thought about for many years and I haven't seen it developed in many places yet. And yet here appears to be the first oppor- tunity to develop that concept of a town total community in town. And that in itself in my opinion is going to cut the traffic flow on and off the island. If in fact it is a total community town in town. Now another thing that occurs to me after listening to a lot of things that I've heard and floor area ratio being this or that is the timing of this development. You're not going to have a 3.24 or a 2.5 or a 2.4 next year. You're going to have this sometime as a total development within 9 or 10 years. Right? Within 9 or 10 years we might have like Mr. Andrews stated another bridge to the mainland in which case I believe these developers should make some provision for the tying in on the island of a connector to another location on the mainland where exactly I don't know. We have a Public Works Department they can answer that better than I. 0n the park situation I think it is a great idea because there again in a town in town it needs to be a complete town and the park makes it complete. I believe that the size of the units shouldn't be enormous because of the fact that we're not encouraging families, in my opinion, to live on the island because if you did you'd have to provide schools and transportation to schools and I think this is more of a residential kind of community for an adult kind of community. I wouldn't say seniors necessarily but adults morew than families and I think adults don't particularly need 1600 square feet per unit and that is my thinking. So therefore, not as conservative on the floor area ratio as some people might think I would be because I don't see it as a floor area ratio completion in the immediate future. Mayor Ferre: All right, Mr. Plummer or Mr. Reboso? Mr. Plummer: Mr. Mayor, quite of the things that Rose has said is very true. Rose, it's not nine or ten years of a building or construction time I think it is closer to 15. Is that correct? Well hopefully, yes. Let me just say this. Mr. Mayor, I think we've all expounded the theory that we're trying to redo downtown and we're kidding ourselves without people. That is the basis from which it must start. I think that one thing that really we're not sitting here today making the decision. I think the decision on the success or the failure or the development or not development of that island is not going to be with this Commission but the people who are going to be clients, tenants or possible buyers of merchandise. I can't for one minute sit here and invision that at the half way mark, call it at 8 years, of a man who sits back and becomes maybe a possible tenant, if he sees a bridge that is going to take him two hours to get across, he's just not going to buy on that island regardless of what it is. So I think the people who are going to use that island are going to be more of a governing factor than this Commission. And the little that I know of Mr. Prates and Mr. Poe and that cheapskate, Mr. Claughton, there ain't no way if that island isn't a success at the half way mark that they're going to continue to pour good money after bad. And I believe that the real determining factor of Claughton Island in its development and hopefully what we all want to see is going to be by the people who will spend their dollars and not the people who are investing their dollars. I think it is a good project, I think it is a God blessing to this town and 1 like the words of 5i11 Colson that I think that this town and this Commission and this Administration has got the intelligence to build with this project not to sit back and say don't have it, Let's let it happen, let's make this thing a going thing. 1 think this hopefully is the springboard to the new downtown that we're all looking for. 4 Mr. Reboso: Mt. Mayor, I for one agree completely with this project with one exception. Let Me go step by step. In the floor area ratio I think what the PlAhning Advisory board is recommending of 3.24 is acceptable to me against the recommendation of the Planning Department of 2.5. Now, in the resident- ial floor area I think again the developers are entitled in the seine way that in the dwelling units per acre to what they are asking for if they come forward with the recolmnendation of the Planning Department that moderate income housing units on the island should be established. And this part says here that a good faith effort in attempting to providing medium income housing and recommends at least 300 units, that would be 10% of the total project, be developed and rented in the manner set forth by the developers. I would like to change that thing and put, In the manner set f)rth by the planning Department. In other words I think it is too high a ren: they're asking in these 300 units. I just calve back a few months ago from the territory of Quintana in Mexico. They are building there probably the biggest tourist attraction in Mexico, bigger than in Acapulco and they are putting the same thing we are asking here, 10% in income housing units in that project. If everybody is asking I think it is time and now is the right time for us to ask and that would be included. Other than that I agree completely with the project and I am ready to go forward. Mrs. Gordon: I want to ask a question, Mr. Mayor because you know like 300 a month isn't exactly low income, you know. But I'm wondering if we really could encourage lower rentals. Is there some way of tax abating that portion of land in some manner. This is a question of information for you, Mr. Lloyd. Is there an answer to that? Mr. Plummer: Wait a minute, ttr. Lloyd. Before you give a negative answer let me just bring you and Mrs. Gordon up to date, and you should stand up screaming. Now you know what I'm talking about. Under the present Charter it can't be done but I heard Mr. Lucious Williams make a presentation in Tampa that was fantastic and it spoke entirely to that. Mayor Ferre: Well it is the California Plan or the Missouri Plan that we Mr. Plummer: Correct. It would require a Charter change but I'll tell you.. Mayor Ferre: Not a Charter chancre, it's a constitutional change in the constitut- ion of the State of Florida and ue're working on that and so is the Chamber.. Mr. Reboso: Rose, the key thing that I want to emphasize is that right now they are entitled to 2428 units and they are asking for 3075 units. That is 647 more units. Only 300 of them should be, as I say.... Mrs. Gordon: I'd like to see the elderly, and I'd like to see a nice little com- munity center in that 31 acre park for these elderly folks. But you know, I have a vested interest, I'm on my way. Mayor Ferre: Let me express my opinion now. AS elected officials we sit on this board and we have final responsibility in making a decision which has an impact not on the short term but on the long term of this community. Now we sit, there is a fine balance. We sit here in judgement: On the one side certainly this com- munity does not have a good record of attracting investment capital into the com- munity and that's bad. On the other side we have had a tendency to overplan and to have what I call the Interama Syndrome which is to overplan and over -expect and over -hope and never end up getting anything. The more I look at cities, and I've spent a lot of time in the last four or five years reading, studying and traveling, there isn't a month that I don't get three and four books on urban development. And I do spend some time looking into because I think that's one of the basic keys to the future of this Community. The more I realize that in those places where there is the future and where there is the future and where there is progress there is a very fine relationship between the private and the public sector. Now that doesn't mean that we're going to permit the private sector to come in carte blanche and do whatever they want to and rape the community. On the other hand it doesn't mean that we're going to put up barriers that are un- bearable and that people can't live with. And somewhere in the middle is the happy medium, is the happy area which I think we're all striving for. We all want this project. Mr. Frates, I don't think I could express enough how fortunate we feel in Miami to have someone of your caliber and your brother and your corporat- ions to even take an interest in Miami. There are a lot of other investment oppor- tunities. Now I'm not here judging this as an owner of downtown property although I am and I'm not to judge this as a businessman although I am or a meterials supplier in the construction industry which 1 am and I'm not here looking at this from that point of view, If I did that, and this is only something that's me and my conscience, This is not something that can be judged by anybody else because whoever judges me FEB 1 2197 can't truly judge Me. The only one that can really judge how I vote on these things is Myself because it is between me and my conscience, And t have to divide my position to my friends in the consttuction industry and ih the labor area that I have to vote on something based completely on what I think is best for my city as a voting meMber of this Commission and as Mayor of the City of Miami` a responsibility which t take very seriously, Now let me get down now to the nitty gritty and specifics As to how I see this project, (1) I'm for it- I'm strongly for it, I want to do everything that is within my power to see that it become a reality. .I've said so from the beginning, I'Ve expressed my opinion consistently throughout how that I think this is important, Now some people call this a town within a town, It isn't in my opinion it is an extension of downtown - it is a part of downtown. I think whatever is good for Claughton will eventually be good for the Brickell area and that will also inure to the benefit of the downtown area, I am one of those who believes that the more you help an area commercially it has a multiplying affect. I'm not at all concerned about what affects this will have on Brickell Avenue or the downtown area, On the contrary, I think it will have a positive affect. I also feel that the economics of it will be the guiding point. I think J. L. Plummer expressed it very adequately. I think the economics of it will really determine its success, not what we decide here on this Commission. Now that doesn't mean to say that we as a governmental unit should shirk our responsibility and go into open zoning because it's worked for Houston but we don't happen to ha7e that plan and that's not within our Charter and we are faced with a responsibility in the Charter to make these decisions and that's what we're in the midst of doing. Now with respect to the density and the floor area ratio, I certainly can live with the 3.24. I concur with everybody here. That doesn't bother me too much. And frankly, the 73 units per acre doesn't bother me that much either because that all comes to play within the totality of the number of units and the square footage involved. As I've said several times here in this Commission it is not how many you stack together it is how you stack them together and I think there is a great deal that goes on the integrity of this particular developer. In the same way that we worked with the International City Corporation from Atlanta in the development of the Omni Project, I think that there'we also believe in the integrity of that developer. And we feel that these are people who are going to do what they say they're: going to do. Now I might point out that in the midst of all of this we're all human. You see, you're not going to be an investor, you're going to have investors in this project; you're putting it together. Now I learned a very good lesson going to Atlanta to visit the people at Omni. And the lesson was that they had all of the master architects and engineers and land planners and traffic consultants and what have you. But when the money man got into the picture he said now wait a moment, now you fellows are doing this and you're doing that, and this happened to be the Ford foundation who funded that project, and they insisted on certain basic archi- tectural amenities which the primary developers had not taken into consideration because of the costs. Now obviously when you get into the Ford foundation you get into some pretty sophisticated investors and they demanded certain things way and beyond what Omni was prepared to do. I'm sure that that is going to eventually be the case to some extent with the people who invest in your project. I think it is important that we have the assurance of Claughton and Frates that it is their intention to remain in this project. And that hasn't been stated on the record and if you have any objections I want you to deny it or change my statement because I think it is important to realize that today, five years, 10 years from now we're going to be looking at you for the development of this project. In other words that you're not going in here, getting this zoning and turning around and seeling the property. I think unless there is an objection I'm making that statement on the record for you that that is your intention. Go ahead if you want to expand on it. Mr. Frates: I'd like to confirm that, Mayor Ferre. As I said in my few brief remarks our corporate philosophy is investment and development. Our development is done for our own ownership. And it is our full intention to stay in this project not only for 15 years during the development period but hopefully to have a very valuable piece of realestate as time goes on. The reason we're even interested in subsidizing this during these cash -flow deficit years is that we think as we pay off the debt and build equity that our heirs will have an extremely valuable project. And that is where our profit comes from. We actually make very little profit even on our plan, I'm sure during my life time and it is our intent- ion to stay with the project. Mayor Ferre; That to me is one of the key elements in my position in favor or this project because with that I assume that everything that you're saying is going to be done as you say it and that your faith and credit and good names, yours and Mr. Claughton's are going to be tied to the fruition and fulfillment of the statements that you makd here. Now with regards to the amount of living 71.) r 1975 FEB 12197 units that are proposed here again I have no objections because 1 think the more residential areas that you put near the downtown area the healthier that is going to be. NOW we come into the area of the hotel, the con retcial and the office, .Qow as far as the hotel is concerned; and 1 know a little bit about some of these hotel problems, and today in today's economy you cannot afford sometimes to put up a small hotel. And it may very well be that you might convince, hopefully, some major investor to put in a major hotel Ind they may to start off with 600 units and event ually expand it to a thousand or 1200. And for that you're going to need 750,000 square feet. So there I have no objection because I don't think that really affects the totality. The commercial and the office; now the office space is relative because frankly, between having 800,000 or a million or a trillion two hundred thousand is just not going to make that much of a difference. I do think, I would concur with the statement that a trillion two might be a little bit larger than what I would think that general area should have but that's not a strong opinion on my part and I don't have any strong feelings on that. On the commercial area I do think that 222,000 square feet is more than is going to be needed in that general area. Now I come to this point. We're going to pass a general ruling here as to what you're going to be guided by. It will be changed. You know it just its well as I do. It will be changed up,c.own, sideways; you'll come back here for changes. I would rather see you go in with 150,000 square feet of commercial and if in the future you're going to need more commercial space you can always come back and argue your point and prove your point and expand it. Now I come to my last point and I know • no, this is something that I've been saying all along and I know that it is something that's not popular and I know that it is not something that is readily accepted; I think that a major project has a responsibility to the community beyond what one building or two buildings would have because you are asking for more relatively and you're getting it. Now, in the County, and I've had some experience as a private developer a private land owner in the rezoning of properties, if you go, for example we had a thousand acre piece that now is owned by GECC in Fountainbleu Park and as we worked with the County government they requested space for certain social amenities. They want so much square foot- age for a church, They want so much for a school, they want so much for low cost housing, they want so much for this and for that and for a park. And the question is, well how much is reasonable and how much can we give. Now as a developer of that property where we own 25% of the project I remember one time getting rather upset saying you know, who in the hell do these people in government think we are telling us what kind of land we have to give for a park or school? Let them go get their own school property, let them get their own park property and why should we put up any low cost housing. Our partner gave us a very quick answer. He said, look, I'm not going to give you social answers I'm just going to give you practical answers because what you're really is the totality of it and how many units you get and whether you put three thousand units on so many acres or you put 3000 acres less is just a relatively, it is just a question of juggling around some money. In the long run it all works out the same. What I would like to respectfully recommend and this is a point that I would like is that you pro- vide within your 3100 units, I wouldn't even go a-; high as 10%. I would say that you ought to as part of your overall program be able to put up 200 units of lower cost housing. I'm not saying tenement, real low class, I'm not saying that you create a ghetto area or that you create.. But I do think that you have a social responsibility to the community to create a lower economic unit so that you have a balanced project. The question; you say well, that's going to ruin the rest of the project. That's a big enough island where you don't have that problem and that's all a question of planning anyway. So I really feel that the only area where I really feel pretty strongly about is that you provide within the totality of this major project some type of social amenity to the total. Now how you go about doing that I'd be perfectly flexible as to when you have to do this. I wouldn't say that you have'to do this for 10 years. But somewhere in that project somehow there's got to be some kind of a responsibility and I'd be perfectly willing for example to work it out as George Acton and this Commission has been talking about in the downtown area that perhaps it be on a full basis that that might be, that you might undertake such a project somewhere else. I'm not saying that it necessarily has to be on Claughton Island. But I'm saying that like the County that there should be some type of a responsibility on your part to provide, you're not going to provide a school site or a church site or any of the other things. Now if you were dealing with the County you wouldn't have even gotten this far with that. They would have forced you right into it. And I'm telling you right now that I've had as a private citizen a heck of a time out there at Red Road near the Airport with property that we own because everytime we go to talk to Metropolitan Dade County they want 15 acres for a park, 10 acres for a school and 5 more acres for this and you know by the time you're through talking to these people you know, what have we got left. Now, I really think that if you get the FAR area which you're asking for which is 3,24, if you get the number of apart- ments that you're asking for. And you get all of these things and you really, think there is a little ticker that's needed in here to satisfy this one conscience on this colthtission. Mr. PlumMert Mt. Mayor, let Me ask this. What is the island, 40 acres? Fotty- four, What you're really asking is half of what the Planning Depart►Ment has asked, the difference. In other words you're asking for 68,70, 58-73, 215 and you're saying really that you feel they should provide low income for 5 units per acie.. It's really less than that, four units per acre, Mayor Ferret Look, I'm saying teat... is build 3000 high income units or Middle income and 200 low income units. ,Now whether they do it there or somewhere else I don't know. Mr. Plummer: I can live as long as its somewhere else. Now, let me beg please two other points. (1) And it was something that was my key concern, it's not that big but I want it for the record and I think it should be said. They have an agreement with the Fire Chief and the Manager that they will provide suffic- ient space for firefighting equipment and/or combination police station or some little type of police facility. I think that speaks in their favor; everybody has been speaking negatively. The second thing, and let me say this and Gene, don't _ run off, I Want you to hear this; speaking for the Commissioner who is not and that's Father Gibson, and I have not discussed this with him in any way shipe or form and it was one of the things that really I think put me into perspective and it was his main concern - the traffic. I think when I heard in the resolution which you have agreed to that each building must secure a permit and that if at any time that if that ceiling exceeds 800 cars per hour you will not get your permit. And I'm sure knowing Father Gibson as I do that that is the kind of thing that he was striving for and it surely made my thinking because I'll tell you when I heard Gene make a couple of comments up there I went bananas. But as long as that is there, in other words the monkey is on your back. If there is 801 cars you ain't going to get that additional permit. So it is up to you. So Mr. Mayor, I'm hoping as you said that you are flexible to the point of providing low income housing, moderate, it can be there or somewhere else; I can live with that very easily, Mr. Mayor. Mayor Ferre: Well the problem, of course, is where the somewhere else is. Mr. Plummer: In the City of Miami. Mayor Ferre: And the question is... all we're really doing, let me give you another example of what this is all about. Mr. Plummer: Excuse me, the Manager makes a good point. How about starting with the urban renewal area where we've had nothing but promises. Mayor Ferre: All right, but let me tell you something. This thing idea of perpetuating ghettoes, well let's not get into that one, that's a long one. But let me give you an example of a similar situation. Omni Corporation had the burden of spending a million and a half dollars in a whole series of projects, street diversion, storm sewers and all of that. Now they came up to this Com- mission, I wasn't on it at that time and they said well why should we do all of this, we're going to be paying the taxes, get it out of the taxes. The answer to that was, well that's just part of the picture. You're going to have a couple of hundred million dollar projects, it will cost you two hundred and one million dollars and the one million dollars is going to be for all these things that are needed. Now all I'm saying is this: That you're going to have a project here that's 350, 400 million dollars by the time you're through with it and probably even more than that. All I'm saying is somewhere in here you provide for social amenities which you say well why should we put the burden of it just on these developers. The point is that it shouldn't be just on this developer, it should 'be on every developer. Because if we worked out some kind of system to do that we'd have housing right now and all of these contractors, M.R. Harrison and all the people that are here would now be busy building the housing that is so badly needed. AS long as we sit around waiting for the federal government to solve our problems they're never going to get solved. And the proof of the pie is in the eating. It hasn't been solved. Of all the leading western democratic countries tis is the worst country in solving the needs of housing for people. Mrs. Gordon: Mr. Mayor, there is an important point that ought to be put in the record and that is the developers, the comparison of ordinance provisions and developers proposal for Claughton Island. On the bottom of the comparative page it states that the SPA-1 regulations permits lot coverage 60%. Tne Planning Department's recommendations are 60%. Now we're talking about lot coverage. The Developer's Proposal is only 55%. And I think this is important because in the analysis in the same papers, the analysis it says under (b) floor area bonuses, I. 1 7975 etc: etc., the 3.24 would result in a development ptogram which would (b) destroy opportunities for significant view; through the island. So to you, Mt. Acton, how could it destroy when it covers le3s floor area than you yourself recommended? that was one point and the second one was under (c) overburden the eXistiiig transpottat' _ ion system. As we said before, this is not a one year project so therefore the existing system isn't significant in view of the completed project because there will be much more transportation systems existing at the time of the completion of the project. Those points are points that I think are necessary to bring out so there can be a clarification. There will be more open space on a developer's pro- posal even though he has a higher floor area ratio than what you yourself recom- mended. Mr. Acton: Mr. Mayor and members of the Commission, the SPD-1 ordinance allows up to 60% lot coverage. And f noticed that particular figure myself and wondered why it was plugged in there. All we're saying is that the amount of intensity that a FAR of 3.24 represents, that the opportunity for developing better views both at the lower level and upper level are reduced. This would be inclusion of both your Planning Department and the Urban Development Review Board upon our review of the island. And as long as I do have this opportunity to speak I do want to say that we have checked our model and we can find no significant errors in the translation between the developer's concept plan and figures in our model as shown to the Commission. Secondly to answer your second portion on traffic, I thought that the Dade County Traffic did state that at this point in time we felt that allowing that much intensity of development would be wrong but that in the future realizing that we don't have a crystal ball and we don't know what kind of technilogical changes will occur, that it is perfectly possible that an increased both hotel usage, retail commercial and office use is possible. Mrs. Gordon: But you didn't answer my questions. Your Department, it says the Planning Department's recommendcations were also 60% even though you recommended a 2.5 floor area ratio. Mr. Acton: No, what I'm saying is that that is in error, that figure. A11 that says is that that is the maximum allowed by the SPD-1 ordinance. Mrs. Gordon: It wasn't your recommendation. Mr. Acton: No. That 60% is in error. But I also want to state for the record that there are many many development objectives that were reached between the department and the developer. We are in concurrence on many many points. Did I answer your question, Commissioner Gordon? Mrs. Gordon: That's alright. You answered that it was in error on the paper that I was referring to. Mr. Acton: Yes, I noticed that myself and didn't know why we put in 60. Mr. Plummer: Mr. Mayor, I'm ready to offer a motion if you're ready. Mayor Ferre: I'm willing to accept it. Let me before you make the motion specify one more time what I'm willing to vote for so that we understand eachother. I'm not precluding what you're going to have in your motion, I'm just stating my opin- ion now. The one I want repeat because I think it is important, and I'm perfectly willing to give this extra million square feet of space that is being requested in contrast to what the administration is proposing. For that, I would like to insist on some kind of commitment on the part of the developers on some kind of a commitment to that specific point which I've covered somehow and you can be general about it, you can put it off for 10 years as long as it is a specific and binding commitment upon you, And I think if you look at the economics of it and if you're trading dollars and cents what you're getting is a heck of a lot more than what you're giving. So I would like to respectfully put that into that and then specif- ically that the FAR be 3.24, that the hotel be 750,000 square feet, that the apart- ment be 3,700,000 and that the office and commercial combined be 1,200,000 square feet which would then limit the commercial. Mr. Reboso: You say the apartment is 3,000,000 top? Mayor Ferre: That's what they're asking for, 3,700,000 square feet. The only thing I'm reducing is the office and the commercial by 200,000 square feet. Mrs. Gordon: Are you reducing it to the recommendation of the Planning Advisory Hoard? FEB 12175 Mayor Fertet No, 1 went a little bit higher than that, They were recom1ehding a million and one thirty eight and I went to a million 200 thousand versus 1,400,000 that they're asking, And that the space they provide for the eventual space for a bridge landing or what have you for future eicpansion of the connecting areas which is of course is...... Mr. Plummer: Mt, Mayor, I'm lost on your point. They had asked for 222,000 for cofl ercial. They had asked for 1,200,000 in office. And you're combining the two with the provision and your thinking that it is possible that they would come back and could be accepted at a later time for possible increase if it shows and they can prove it. Mayor Ferret Well you know they're going to do that anyway. Mr. Plummer: Ok. And so then you're also talking about, you want to talk about the number of units or square feet as to the hotel? Mayor Ferre: I just can't do that because that all works out. As far as I'm con- cerned 750,000 square feet would give them a 1200 unit hotel which is what event- wally they want. Mr. Reboso: Mr. Mayor, what abot,t the 200.... Mr. Plummer: I've got that in here. Mr. Poe, did you want to make, I saw you jump when the Mayor addressed that. Do you want to make a commitment of some kind? — Mr. Poe: A great deal, no matter how we try to write motions and pass resolutions relies on faith as the Mayor mentioned while ago. And if you can realize that what you do today as you obviously are fully aware is a legal proceding as Mr. Lloyd certainly knows and cannot be s.ibject to judicial attack with success or our proj- ect is killed. So trying to ride with a great deal ofspecificity and this resolut- ion that you have before you right now exactly how we must do this would I think be highly precarious and dangerous to all of us. Mayor Ferre: I'm perfectly willing to leave it as broad as is needed for you to successfully continue your project but to make it strong enough that it is a specifically legally binding commitment. Mr. Andrews: Mr. Mayor and members of the Commission may I assist you. The prob- lem that the City Attorney faces in a development basis is that you must specify sufficiently so that a development order which is paramount to a contract is developed. And we have the development order here which can be changed. Mayor Ferre: Mr. Andrews, what I'm saying obviously is that what we're going to do is vote on the principle of this thing and then you're going to come back after you've worked it out between the administration and the City Attorney and your attorney and Mr. Poe and his people come back with a specific proposal that I hope we'd all vote on. Obviously there is no way for us to write the legal language today that would be bonding. That is something that you and Mr. Acton have to get together on. Mr. Poe: If I could comment, sir. Today you are considering a resolution that has the development order attached to it as exhibit "A" and immediately after that another resolution on approval of the development plan. We've got to have you to do that today. That's got to be done today. We have taken many steps towards the financing. Mayor Ferre: Can you do that, Mr. Lloyd? Mr. Lloyd: In about three hours, step by step going through it, yes sir, we can do it. And going through it and getting a secretary out there and typing and working on it, I don't know how long it will take. Mayor Ferre: I would recommend that we excuse you and Mr. Acton and Mr. Poe and Mr Mr. Lloyd: We don't know what the Commission wants entirely yet. Mr, Poe: Let me help on this. The development order as its been prepared with the exception of this one area needs to be amended in a place or two but it's clear cut and it's rather straight forward, I would like to ask you to accept this pledge in good faith from me for one minute, Mr. Mayor We will pledge to f r • 1,975 you# and you'll have to take our word for a few weeks, that we will ente.. into negotiations to produce an agreeient that will cause us to be legally committed to provide the space for 200 units for the low or moderate] and/or moderate in= come.... Mt. Plummer: Would you put that 200 or more. Mrs. Gordon: Up to 10%. How about that because ..... Mr. Plummer: ft might be feasible for you to build 300 but he's saying 200 or More. Mr. Poe: Well I'd rather not be committed to mote than 200, plenty. I think that is Mayor Ferre: That's something that as far as I'm concerned 200 is fine, do that you're doing morethan anybody else has done around this town. If you Mr. Poe: We need you to act on this resolution. We're telling you in good faith that we'll do that and then we can remove it from.... Mayor Ferre: I'm perfectly willing to this. Now the alternative to that and for you to prepare this in the morning mission Meeting tomorrow afternoon for just pass it. accept that but now Mr. Lloyd, listen to I'm again perfectly willing to do that is for us to meet - I'll call a special Com- a half an hour to do nothing but this and Mr. Lloyd: I would prefer it that way if Mr. Poe can abide by that and Mr. Frates. would prefer it that way because this is a tremendous job because we could not foresee, delve into a crystal ball as to what would go into this developmental order. We did the best we could we've got to change material. Mayor Ferre: Can we meet at 1 O'Clock tomorrow? Mr. Poe: Mr. Mayor, would you please consider the suggestion that I made ;o take in good faith, pass this without that as a principle element and take in good faith that we will do that. That gives us all more time and I think it is worth while to do it in that fashion. Mayor Ferre: Mr. Poe, there is a good point that's been, excuse me J.L., but there is confusion on this. Now what I'm saying is that you be committed to not only provide, by providing the space I mean providing the space finished, I don't mean just the vacant lot. I'm saying that you're going to build as part of your overall project that you're going to build a low income apartment with 200 apart- ments in it. Mr. Poe: Ok, well now, let's talk about that just a second, talk about some of the issues. For example, the Federal Housing Administration had FHA 236. I personally own one of.those kind of apartment projects. I'm very acquainted with it. We've also done FHA 221-d3 projects. Those are not now active programs. It is being replaced by a rent supplement program. So even the agreement that we work out with Mr. Lloyd in talking about the types of ways just as examples of ways that this could be brought about is rather complicated. I think it is prob- ably not in your best interest and not in ours to attempt to do that by tomorrow. If you would take in good faith and omit that. Mayor Ferre: I would accept that. I would accept a commitment of good faith; it's on the record, you've made the statement here. That would be acceptable to me if it is acceptable to the rest of the Commissioners. I would like to put a time limit though, I wouldn't want this to drag on for two years. Mr. Poe: We would be prepared to have an agreement on your agenda within the next 30 days after having developed the legalistics of it. Mr. Lloyd; Now there is just one thing, Mr. Mayor. We still have to go over this development order and make sure that it is correct with regard to all of the figures and all of the other things that you've changed in it either tonight or tomorrow because we cannot pass this resolution without this development order. It must be right. Mayor Ferre; I assume that you can do that then in the next hoax. Mr, Lloyd; If we can get down to the business we can probably.,„.„ „ , 7975 Mayor Ferre: Now l'll recognize J. L. PlUMMer for the purpose of flaking.. Mt. Pluitn er: Yes, because in 50 minutes J. t. Plummer is walking out. Mt. Lloyd: Well now a Motion is not proper yet without starting to go over page by page and line by line the developmental order, I think. Mr. Plummer: Well, I think you're wrohg so let's let go. Mr. Mayor, I think what we'Ve got to do for the attorney, we've got to outline those areas and we've got to spell out for him in humbers and ih everything. Let me see if I come close, and you know there is no magic to this, anybody wants to tie into it they can. (1) The commitment that they have just made must be included as to the 200 or more units. (2) We aF%prove the FAR of 3.24•. Mr. Lloyd: Well I wonder if I could, I'd appreciate it if the Commissioners would get the resolution and the developmental order out and infront of them. This is highly important because this has to go to the Regional Planning Council and I'll tell you right now if this isn't in the proper form and, if it isn't the wal. they feel it they have the privilege of appealing this to the governor and the cabinet who has a special committee. Mr. Plummer: John, that's what we're doing this for, to let you draw up the proper document. Mr. Lloyd: I have a developmental order here. Mayor Ferre: All right, now the Chair is going to rule on this. The Chair is going to rule as follows: We're going to follow the City Attorney's recommendat- ion because otherwise we're going; this is a very technical thing and we don't want a technicality for Mr. Claughton and Mr. Frates to get caught on something so you go ahead and do it the way you think legally we have to do it. Try to do it as quickly as possible. Mr. Lloyd: In paragraph 1 of the Developmental Order Exhibit "A" it says, Inten- sity of Development. Now that's all set 3.24; that's what it is, ok. See? Mayor Ferre: All right. Mr. Acton, are you following? You stop us wherever you disagree. Mr. Lloyd: Now we go to paragraph 2. Whether you want 73.6 developed dwelling units in the area or 58 dwelling units in the area. Mr. Poe: We asked for 73.6 for a total of 3075 units. Mr. Lloyd: Yes, that's in paragraph 2. Mr. Plummer: Why don't we just make it 74. Mayor Ferre: It's 73.6, that's what it is; just leave it the way it is. Mr. Plummer: How do you build a sixth of a unit? Mayor Ferre: It's an average, leave it that way. Mr. Reboso: Per acre. Mr. Plummer: Per acre, ok. Mr. Lloyd: Now what I have to do is, now that will be 73.6 and instruct the Mayor. That will be 73.6 units per acre for a total of 3075. Now then, if you'll go to the next note that you have. Mr. Plummer: The next note that I have is the total hotel be 750,000 squqre feet. Mr. Lloyd: Now is that in paragraph 3, the non-residential floor area? Mr. Reboso: Non-residential floor area is total. Mr, Plummer: No, the non-residential floor area is one million two, Mr, Poe; Ok, the hotel is covered on Mr. Plummer; Let's do it your way, John. (3) third line from the bottom, that figure will change from one million three, eight to a million two hundred thousand. And that's changed in two places. Mayor Ferret Whete are we now because 3:... Mt, Plummet page 2, ttet 4. They've accepted the restrictions so thete is no change in item 4. stow Item 5, Mr. Poe: We've accepted it as it's written, Mr, Andrews: Except in the transportation you're either going to develop a new section or add to that the bridge connector. Mr. Plummer: Provisions for the bridge connector, Mr. Poet What does that mean? Mr, Plummer: That means that you'll leave sufficient room that if they want another bridge that you'll find room for it. Mr. Andrews: The design at that north end, somewhere in there, working with you wherever that will be you would make provisions so that that bridge connect- ion can be made at the level of the island. Mr. Plummer: Ok, so there is no problem with 5. Mr. Lloyd: Well we've got to add that provision now. How do you want it? Mr. Plummer: Just add it in there that they shall leave provisions for an additional bridge connection. Mr. Andrews: At the north end of the island. Mr. Plummer: At the north end of the island. Mayor Ferre: As worked out between the Metropolitan Dade County Transportation and the DOT or whatever it is. Mr. Lloyd: What I will do is we'll give the corrected Exhibit "A" to the Clerk with our corrections to the Clerk. Ok, now paragraph 6. Mr. Plummer: On 6 we change up here 200 units and also in the second place 200 and a third place 200. Mr. Andrews: No, it is just the last line again. See, if the Commission finds.... Mayor Ferre: Wait a minute, what's this about $300 per month, where do you get that? Mr. Andrews: That's not the Commission's findings. The Commission's finding is in the last sentence. Mr. Plummer: That's the Regional. Planning Council's. Mayor Ferre: Well wait a minute, but who, the developer represented to the Plan- ning Advisory the rental of these units would be approximately $300 per month We're not going to set any figure. Mr. Lloyd: Now where it says in the next to the last line, where the City Com- mission finds that the developers put forth a good faith effort in attempting to provide medium housing, instead of the word recommends the word would be re- quires at least 200 units be developed. Mr. Andrews: In the City of Miami or at another location? Mr. Plummer; Or more in the City of Miami. Mr. Lloyd: 200 units or more.,.. Mr. Plummer; The incerpt after 200 units, or more in the City of Miami be devel- oped and rented in a manner set forth by the developer. Item 7 they can live with, there is no change. Item 8, t. t4,, Mr. Poe: Now the 200 of More, we're talking about out requirement is 200? Mt. P1uher: Right, Or more. You can put whatever you want. You can go 202 or 210 or 200. It's hot confusing to me. UNIDENTIFIED SPEAKER: Cotniissioner F•lu Mer, i think the or mote might be alright if you add to that at the developer's optio.i. Mt. PluMMer: Yes. UNIDENTIFIED SPEAKER: But otherwise I think....... Mr. Plummer: Well do you want to write it the other way, not less than? UNIDENTIFIED SPEAKER: Yes. Mayor Ferre: Yes. You know I'll tell you Mr. Plummer: If we have one more person speaking at the same time we'll close house. Mr. Andrews? INAUDIBLE Mr. Plummer: Low. Mr. Poe: Well we said low and/or moderate. Those are legal definitions. Mayor Ferre: No, leave it low, you can always make it later on. Mr. Andrews: And also, Mr. Mayor, you will need to qualify "in the manner set forth by the developer", rental set forth in the manner by the developer might refer to the 300 so you've got to strike that out and change that. To low, to me would specify enough. Mr. Plummer: I'm going to predict to you that Mr. Lloyd is going to be back here within 30 days and say we've got some corrections. See if I'm wrong. It now will read, The City Commission finds that the developers put forth good faith effort in attempting to provide low income housing Mayor Ferre: No, no, it's got to be much more than just good faith effort. It's got to be a commitment. Mr. Plummer: Wait a minute, would you? Let me finish. Now let me start over again and listen to it then rip me apart. The City Commission finds that the developers put forth a good faith effort in attempting to provide low income housing and requires not less than 200 units or more in the City of Miami be developed and rented in the manner set forth by the developers - not less than in the City of Miami. Mayor Ferre: Are you finished? Mr. Plummer: Yes, sir. Mayor Ferre: It's still not acceptable to me. You're putting in here a good faith effort. Mr. Plummer: But it's covered by the word requires. Mr. Andrews: May I read it? If I were to write it I would say, The City Commission finds that the developers shall provide low income housing and that at least 200 units or more units shall, strike out good faith effort and all -take all that out. The City Commission finds that the developers shall provide. Mr. Plummer: Low income housing and requires not less than 200 units in the City of Miami to be developed and rented in the manner set forth by the developers. Correct? Go to Item 7. Mayor Ferre: I'll tell you, I'd like to have, and I don't quite know how to do this, some kind of reference as to the time schedule of this. I don't mind it going on for a while but I don't want it to be the last project on the island. Mr, Poe; Well you mentioned 10 years, will you give us that? We don't have posit- ive cash flow until '83, Mr. Andrews: The way you've got it written it does not have to be on the island, Mt. Mayor. Mr, Poe: Yes, that's right, we'll put that in the other thing, we will informally agtee to the 10. Mr. Andrews: It's not necessarily on the island, Mr. Mayor. Mayor Ferre: Reboso says it ought to be on the island and of course I'm perfectly willing to give you the flexibility as long as it is done. ... M. Reboso: it's going to eliminate traffic, J. L. and they are the owners, they can select the people that are going to live in those apartments, tt is up to them. Mr. Plummer: Well Manolo, I still personally don't think this is practical. that's my personal opinion. Let's go on. Item 7 is with their concurrence, is no change. Mr. Poe: No, I'm Board recommended Now there sorry sir, Item 7 was changed from what the Planning Adviwory and this is very simple where Mr. Plummer: No, the City Commission finds be available should be provided by reducing Mr. Poe: No, they did not recommend that. to provide additional visual vistas through west and I think you could just change that that the developer be encouraged to provide island from the mainland on the west. Mr. Plummer: On the West? Mr. Poe: From the West. that additional visual vistas will the intensity of the development They recommend that we be encouraged the islands and the mainlands on the to say that the City Commission finds additional visual vistas through the Mr. Plummer: From the West, ok. (8) All other portions of the development plan as presented by the developer are hreby ratified and hereby subject to approval of SPD-1, no problem there. And that's it. Mayor Ferre: Now I'll recognize you for the purpose of making that motion. Mr. Plummer: Fine, I make the motion to approve what we just did. Mr. Reboso: The motion as I understand it, J. L., in item 6 is the 200 units is where? Mr. Plummer: Anywhere in the City of Miami. Mr. Reboso: That's the only thing that is not acceptable. Mrs. Gordon: That bugs me too. Mayor Ferre: Mrs. Gordon: selection of place for eld Mayor Ferre: Mr. Poe: How Mrs. Gordon: Mayor Ferre: Mrs, Gordon: Well where do you want to make it, right on the island? I think so, and I think since you're only talking of 200 units the tenants would be by the owners and I feel like that's an ideal erly people and that would be the place to have it. All right. about making it on the island for the elderly? Yes, I think that's exactly what I would like it for. Now I don't think you should limit it. I think it should be for adults because once you bring children (EVERYONE SPEAKING AT ONCE) Mrs. Gordon: Mayor Ferre; Mr, Plummer; Maurice, if you don't do that you present other problems, That's up to the developer to work out,..,,., I move the ;notion with that addition, in 811 Mr. Reboso: Second the motion. Mayor Ferre: All right, there is ainotion and a second. Weire up here on what Were voting on, Mr. Lloyd? Mt. Lloyd: I Would like to read the resolution, if I may, sit. Mayor Ferret The whole thing? Mr. Lloyd: No, sir, just the title. (THEREUPON THE CITY ATTORNEY READ THE RESOLUTION BY TITLE). The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-135 A RESOLUTION ISSUING A DEVELOPMENT ORDER, APPROVING WITH MODIFICATIONS, DEVELOPMENT OF REGIONAL IMPACT ON THE PROPOSED DEVELOPMENT BY EDWARD N. CLAUGHTON, JR. AND FRATES PROPERTIES INC., FOR UNPLATTED CLAUGH- TON ISLAND, LOCATED IN BISCAYNE BAY AT THE 700T 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 THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER ATTACHED HERETO AS EXHIBIT "A". (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vcte- AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. ON ROLL CALL: Mayor Ferre: I want to qualify. Now wait a minute, we've got another reso- lution on this. I want to qualify my vote by saying very simply that we cannot in this community have low density development in the outlying areas and stop urban sprawl without having a greater density in the core area, (1). (2) it is long over- due in the United States, specifically in Miami that we come to the recognition of the fact that for us to get away from the automobile which is a plague of urban America we've got to get into communities where you have a totality of the commun- ity where people are able to walk and play and work and live and bank and buy within a safe walking distance. I'm not totally happy with this project because I would have preferred for it to be a much greater balanced project than what it actually is. But I don't think that we can get that in reality in modern economic American urban life and therefore I'm happy that we have what we've got. I think that the density of it doesn't bother me at all. If it is done properly; and I'm confident that Mr. Claughton and the Frates brothers are going to do just that. And based on that I vote yes. Mrs. Gordon: Everybody has voted and it is passed but I do want to say nowt with regard to the park you mentioned a kind of international park and everything that we know that you said is not in writing, but you said we believe, if we didn't we wouldn't have voted with you. So we hope that you do these things and that we're going to be realy glad that we were on this Commission at the time that it took place. Mayor Ferre: All right, now we've got a second resolution. Let's get over this whole next thing so we can finish Claughton Island. What is the next thing? Mr. Lloyd: Mr, Mayor, we now have to pass the second resolution and we've had to do our best to make the necessary changes on the numbers to have it coincide with the first resolution. So what I would like to do is read the title very carefully and be corrected Mayor Ferre; Wait a minute, before you go and I want Ron Sax with the press, and excuse me for interrupting you, I forgot to meke a very important point in my vote and that was that I noticed on the South Florida Regional Planning Council that four of the votes that were against this were from Palm Reach and that the majority of the Dade County Deiigatic,n in fact voted for the project. Not that I think that regionalism is that much, but let's face it the interests of Palm Beach are not necessarily the interests of Dade County. And this Regional Council is fine but I'M here to protect what I feel is the best ihter- ests of the City of Miami. And let Dade County and the State of Florida and the Regional Council worry about their problems. I'm sore}, Mr. Lloyd, Mr. Lloyd: No, that's alright. (Thereupon the City Attorney read the reso- lution by title). Mr. Andrews: Mr. Mayor and members of the Commission, I must ask one technical question before this last resolution is adopted. Is this all subject to Platting? Mr. Plummer: INAUDIBLE Mr. Andrews: Well, so there is no misunderstanding. Mr. Plummer: This Commission went on record some years ado that it must be platted. Mr. Poe: We've talked to our counsel, they say that you have to do it. It 13 on the record, we have no question about that. Two or more lot;; is platted. Mr. Plummer: INAUDIBLE The following resolution was introduced by Commissioner. Plummer, who moved its adoption: RESOLUTION NO. 75-136 A RESOLUTION GRANTING APPROVAL OF THE "SPECIAL PLANNED DEVELOPMENT APPLICATION" AS PRESENTED BY EDWARD N. CLAUGHTON, JR., AND FRATES PROPERTIES, INC. FOR UNPLAT- TED 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 3.24, IF THE DEVELOPER DEDICATES, DEVELOPS, AND PERPETUALLY MAINTAINS A 3.5 ACRE PUBLIC PARK ON THE WEST SHORE OF THE ISLAND; 2. THE MAXIMUM bESIDENTIAL DENSITY SHALL BE 73.6 DWELLING UNITS PER ACRE; 3. THE MAXIMUM NON-RESIDENTIAL FLOOR AREA SHALL BE 1,200,000 SQUARE FEET; 4. THE PERMITTED USES SHALL BE AS SET FORTH IN PARAGRAPHS 1 THROUGH 12 OF THE USE REGULATIONS IN THE SPD-1 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 NOT INCLUD- ING TYPESETTING AND LETTER PRESS, PARKING LOTS AS TEMP- ORARY USES DURING CONSTRUCTION ONLY, FOOD, MEAT OR VEGET- ABLE MARKET, FACILITIES FOR DISPENSING GASOLINE, MOTOR OIL AND INCIDENTAL AUTOMOTIVE SERVICES ENCLOSED AS A PORTION OF A PARKING FACILITY WITH NO EXTERIOR ADVERTIS- ING; 5. THE EXITING PEAK P. M. HOUR TRAFFIC SHALL BE LIMITED TO 800 VEHICULAR TRIPS; 6. ENCOURAGE THE DEVEL- OPER TO PROVIDE ADDITIONAL VISUAL VISTAS THROUGH THE ISLAND FROM THE MAINLAND ON THE WEST AND PROVIDE NEC- ESSARY BRIDGE CONNECTIONS ON THE NORTH END OF ISLAND; AND 7. THE DEVELOPER SHALL PROVIDE AT LEAST 200 UNITS FOR THE LOW INCOME HOUSING ON THE ISLAND WITHIN THE NEXT TEN YEARS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES; Mr, Reboso, Mrs. Gordon, Mr. Plummer. and Mayor Ferre. NOES: None, ABSENT: Reverend Gibson. Mr, Poe: Mr, Mayor, may l just make one statement, please? It is very very important for the record that each of you recognize that when you have the public hearing on the development of Regional Impact Statement that according to section 780.06 you had to consider the project had a fatorable impact on the environment and natural resources and that it had a favorable impact on the economy of the regional and it efficiently utilized water, sewer, :;olirl waster .'thcr necessary public facilities, that it efficiently used and dirt not overly burden public transportation and that it will favorably affect the ability of people to find adequate housing reasonably accessible to places of employment and the development complies with such other criteria for determine the Regional Impact as the Regional Agency shall determine. Mayor Terre: Mr. Poe, that's exac.:l y why when I voted I qualified my tat em:.nt and I'll repeat it just in those areas. I think that (1) it is good for employ- ment; (2) it .is obviously the best use of the community facilities -sewage, and otherwise; I think as far as the environment is concerned that this is part of the downtown area, it just happens to be removed by a couple of hundred yards and as far as I'm concerned it is a part of the downtown area and it should be developed similarly. As a matter of fact, what we voted on today doesn't give anywhere hear the intensity that it would have if it were a part of downtown and that's why I voted for it. Mrs. Gordon: Do you want to say that each of us have to reiterate the same thing? I think we all said it previously in one way or another. Mr. Poet I think it is in the re2ord that it has been considered by all the members of the Commission in voting. Mayor Ferre: And I've also submitted so that we're fully aware of the procedure for the record the letter dated February loth from the Executive Director, Mr. M. Barry Peterson, A.I.P. which specifically states what the process is so that nobody can come back legally later on and say that we're not aware of what we're doing here. Mr. Poe: Thank you very much. It may be that we'll need your help before the South Florida Regional Planning Council and no one can express those things as well as the leadership. I also want to thank you for the time you've giver us and we're now ready to start work. Thank you very much. Mayor Ferre: I hope you're dead serious abou that because that is exactly what we want. Mrs. Gordon: Good luck. Mr. Lloyd: Mr. Mayor, one thing that should be stated for the record either by me with the concurrence of the Commission or by your honor for the Commission is that in the Developmental Order the Commission has specifically considered all of the fascets that have been outlined in the Developmental Order and I want to state that for the record. Mayor Ferre: All right. Mrs. Gordon: Do you need that by of a motion? Mr. Lloyd: No, no motion is needed, I just want that on the record, that's all. Mayor Ferre: Is there anything else on this item? 87 (A) 4,6 ADOPTION OF 45, PENSION ORDINANCES- bEEERRING II ll it 'don ll ii h n u 1i I► I.11 ,11i U . it ll A I u I C 1 L 1 j i J 't 1 1 n +iiluLhliiMu,ANb "Ni► Mayor Fe:'re: I am going to take out an order. Gwen Cherry is here and we have a standing rule here in the Commission that we always take elective officials out of order the moment they walk into the chamber. I am sorry that it took us two hours to get to you, but we are happy and honored to have you here. Now long do you think your item will take? Gwen Cherry: Not very long. If I am-- I am waiting for the report back from the City Manager. Mayor Ferre: Do you want to wait for that then? Gwen Cherry: Yes. Mayor Ferre: All right then, we will take up the next item on the agenda, which is item no. ---- Mr. Manager, I want to announce to you that Mr. Plummer has told me three and a half hours ago that at 6:30 he has to leave, so that leaves us twenty minutes, now you tell me which one of these things you want to take up first. Mr. Andrews: The pension ordinance . Mayor Ferre: Is there any more discussion on 18A. Mr. Plummer: Mr. Mayor, just,I think in that in good faith I must bring foward even though it going to be controversial. Father Gibson had made one big stink about one area of this thing and I can't let it pass without Mr. Lloyd bringing out his objection. Other than that, T. am ready to pass them all as it stands. Let Mr. Lloyd do it . He discussed it with Father. Mr. Lloyd: Well, as the Father said it on the record at the last Commission meeting his big objection was to the definition of the word spouse, he highly objected to the definition spouse to mean until the spouse died. What the Father would want is until the spouse died or remarries, that's why we have actually provided those two alternatives in the Ordinance and you have to take your pick. Mayor Ferre: I am ready to do it. Mr. Plummer: Well, I thing really what we are coming down to , when is a spouse no longer a spouse? Mr. Lloyd: Let me explain this. The question that Mr. Plummer raised and that Father Gibson raised at the last Commission meeting was was there only one defin- ition of spouse or could it be legally defined in the Ordinance. The answer to that is that it maybe legally defined according to the Commission's discretion We had a discussion onthe intent of the labor contract. What it was intentea Lc) mean. Father Gibson had indicated at the last commission meeting was whaL he wanted it to mean and that was when the person died or either remarried., so we have prepared in that particular passage two alternatives for you. Mayor Ferre: Let's try to cut through it and get to the intent. Mr. Lanken you negotiated this sir, what was your intent? Mr. Lanken: The best way to describe the issue is that at the time that the return of contributions was deceased. There is a concession for that by organized labor. It was a concession by Management to provide the spouse benefit. Now, in attempting to define what a spouse benefit is we merely reached into the Ordinance as it exists today and took the language outver batem and placed it into the disability side, now there wasn't any injection by any source concerning any problems with thever hatem language of the widower benefit. Therefore, we just picked it up and put it on the other side of the Ordinance and recommended it in that fashion. In other words the ordinance and the bulk of all of this as it coveted by ordinance now two different areas we are talking about. When a person normally retires he identifies his spouse Will receive the 40% benefit There is an interpretation of what's.spouae constitutes in that without futthet definition,That sate definition was translated to spouse in this new section of the otdinance and if anybody disagrees with that please say so, because that's the interpretation that was used, and if we change it in this new area that we are talking we should change it in the area where it affects fat greater area than the new adjustment, and that's when everyone retires. I can at the time that this was negotiated in good faith and in good conscience as far as our negotiation was concerned that the intent as existed in the ordinance as to a definition of spouse for the normal requirement was translated and used in terms of this. I understand what your uhjection is clearly , but at the time we were negotiating that,that was the intent. Mayor Ferre: Do you know when you are going to get your budget approved next year? Mr. Lanken: In about 18 months, because I am going to tell you for one that I am going to sit down and I am going to read every word. Them is no way that I am ever sit here again and approve something and say,"we will work it out later" I want to put you on record for that. Mr. Plummer: i am willing to go with whatever tha intent was. I don't like it I think when a wcnen remarries she is no Unger tie spouse of the deceased indivi- dual. I don't see how you can understand it any other way. Mr. Lanken: I agree. Mr. Plummer: Then, where is the disagreement? Mr. Lanken: The disagreement is that no one took the time or the energy or the direction to try to define spouse as it exists in the ordinance right now ,without this change. This is a new addition providing for this new benefit for those people who go out on 2/3 disability oily. Mr. Plummer: Well, are you saying that the latitude is within the purview of this commission to define the word spouse, or we going to be breaking the so called good intent? Mr. Lanken: In my interpretation the intent was to use the term spouse as it hiss been traditional used over the years in the basic ordinance and that's used . -- Mr. Plummer: How is it used in the basic ordinance? Mr. Lanken: The person continues to receive that emolument until her death. Mr. Plummer: Even she remarries? Mr. Lanken: Yes. That's the way it;s been operating for years and years J.L. Mayor Ferre: If anybody has anything to say, please step forward, your name,and address in the directory. Do it quick because we only have 15 minutes. Ralph Parks: Chairman of the Retirement Board, this wording is taken from option 6C, that option was passed by the City Commission in 1968. Mr. Plummer: Ralph, I don't disagree, but it doesn't make it right. Ralph Parks: The other portion where it says until she remarries is covered in the ordinance for accidental death. If anyone is killed while on duty his widower is entitled to 50% of his pay for the rest of her life providing she doesn't marry . If she marries it goes to the children until the longest child reaches 18. Mr. Plummer: I am in accord with that. I think that's great. Ralph Parks; There is another part of an ordinance that ---- Mr. Plummer; I think that is only fair, but I cannot buy that a woman who is the spouse of a city employee that when she remarries that she is still his spouse, it just doesn't make sense. Any of you disagree, Ed Jaremko: I would like to go back to the negotiated document which states dt,ring the life time of such spouse, we interpetted it to be similar or the same as option 6C$ which has been interperted to mean the life time of such spouse for the last five years or ever since this widower benefit first went into effect. Mr: Plummer: I could pick a part and say the life tithe of the spouse, but when she remarries that spouseship life time is over. Mrs. Gordon: Not really J.L. Ed Jaremko: It hadn't been interperted that way. I think what we tou1.d be doing today would something like -- Mr. Plummer: Social Security. Ed Jaremko: Social Security whereby you are promoting sin in a sense, because these people are not going to remarry if they are going to loose their benefits. Mr. Plummer: Mr. Jaremko, I am only trying to infer here the same thing that is put forth in the regulations in social security. Mayor Ferre: I tell you one thing I am against is sin. Ralph I agree with you now. All right let's go. Plummer just lost on that. Mr. PLummer: Mr. Mayor, I have made the statement before, when the city goes broke from the pension contribution remember who told you so. Mayor Ferre: Right is right. You have to be just about these things. You can't deny the old lady a chance to remarry just because you are gone. Mr. Plummer: Ha' the easiest thing in the world is to say yes. The hardest thing in the world to do is to produce the dollars and it's getting harder everyday. Mrs. Gordon: J.L. you have 11 more minutes. Mr. Plummer: We can't make it. He now informs ne that he must read every one. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES" RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED): AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MAI'MI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY, REPEALING SUBSECTIONS 11 AND 12 OF SECTION 2-91, OF SAID CHAPTER 2, ENTITL- ED "REEXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT OF DISABILITY", AND SUBSTITUTING, THEREFORE, NEW SUBSECTIONS 11, 12, 12-1, AND 12-2, OF SECTION 2-91, ENTITLED "LIM- ITATION OF DISABILITY BENEFITS AND REEXAM- INATION OF BENEFICIARIES RETIRED ON ACCOUNT OF DISABILITY", THEREBY GIVING THE RETIRE- MENT BOARD OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM THE AUTHORITY TO LIMIT PENSION BENEFITS OF MEMBERS RECEIVING ACCI- DENTAL DISABILITY RETIREMENT BENEFITS WHEN SAID MEMBERS PERFORM SERVICES WHICH ARE SUBSTANTIALLY EQUIVALENT TO DUTIES THAT CAN BE ASSIGNED WITHIN THE CLASSIFICATION FROM WHICH THE MEMBER WAS RETIRED; PROVID- ING 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 MEMBER'S SALARY FROM SAID OCCUPATION WHEN ADDED TO THE SUM THE MEMBER 1S RECEIVING ON ACCOUNT OF ACCIDENTAL DISABILITY EXCEEDS 1 15 ONE HUNDRED PER CENT OF THE CURRENT SALARY FOR THE CLASSIFICATION FROM WHICH THE EMPLOYEE WAS RETIRED; PROVIDING FURTHER FOR THE RECEIPT BY THE RETIREMENT BOARD OF INFOR- MATION CONCERNING THE SALARY AND TYPE OF EMPLOYMENT OF MEMBERS RECEIVING ACCIDENTAL DISABILITY RETIREMENT BENEFITS; PROVIDING) FUR- THER FOR PHYSCIAL EXAMINATION OF MEMBERS RECEIVING A DISABILITY RETIREMENT ALLOWANCE; PROVIDING FURTHER FOR THE PROCEDURE TO BE FOLLOWED IN THE EVENT A MEMBER RECEIVING AN ACCIDENTAL DISABILITY RETIREMENT IS ABLE TO PERFORM SERVICE WITHIN HIS CLASSIFICATION IN ACCORDANCE WITH REQUIREMENTS OF THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI; PROVIDING FURTHER FOR THE RIGHT OF PAY BACK OF CONTRIBUTIONS TO THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM IN THE EVENT AN EMPLOYEE IS RETURNED TJ DUTY AFTER RECEIVING AN ACCIDENTAL DISABILITY RETIREMENT; PROVIDING FURTHER FOR PHYSICAL EXAMINATION OF A MEMBER RECEIVING AN ACCI- DENTAL DISABILITY 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 BE TAKEN IN THE EVENT A MEMBER RECEIVING AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE REFUSES 10 SUBMIT TO A PHYSICAL EXAMINATION; PROVIDING FURTHER FOR THE TERMINATION OF AN ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE WHIN A MEMBER WHO IS RECEIVING SAID ALLOW- ANCE IS NO LONGER INCAPACITATED, BUT REFUSES TO AC- CEPT EMPLOYMENT OFFERED TO HIM; PROVIDING FURTHER FOR THE ASSIGNMENT OF ANY MEMBER TO ANY OTHER JOB CLASSIFICATION WHEN SAID MEMBER IS UNABLE TO PERFORM WITHIN HIS OR HER CLASSIFICATION PROVIDED THE EMPLOYEE CONSENTS TO SUCH ASSIGNMENTS AND FURTHER PROVIDED THAT THE EMPLOYEE'S SALARY III THE NEW JOB CLASSIFI- CATION SHALL BE NO LESS THAN ONE HUNDRED PER CENT OF THE EMPLOYEE'S JOB CLASS FROM WHICH HE WAS TRANS- FERRED; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CON,- FLICT; CONTAINING A SEVERABILITY PROVISION; DECLAR- 1NG 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 4/5 OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Reboso and seconded by Commissioner Plummer, for adoption as an emergency measure and dispens:.ng with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mr. Plummer,Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Rev. Gibson ABSTAINING: Whereupon the Commission on motion of Commissioner Reboso and seconded by Commissioner Plummer, adopted said ordinance by the follow- ing vote: AYES; Mr. Plummer, Mr. Reboso, Mrs. Gordon, Mayor Ferro. NOES: None. ABSENT: Rev. Gibson ABSTAINING; SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8358 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM ORDINANCE NO.,2230, DECEMBER 6, 1939, AS AMENDED AND THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED) AS APPEARING IN CODIFICATION FORM AS A PART OF CRAFTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY REPEALING SUBSECTION (10) OF SECTION 2-91, AND SUBSTITUTING THEREFORE A NEW SUBSECTION (10) OF SECTION 2-91 AND REPEALING SUBSECTION (9) OF SECTION 2-109, AND SUBSTITUTING THEREFOR A NEW SUBSECTION (9) OF SECTION 2-109, TERMINA- TING THE PROVISION ALLOWING FOR RETURN OF CON- TRIBUTIONS 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, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PRO- VISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIRE- MENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS (4/5) OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Reboso and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None ABSENT: Rev. Gibson. ABSTAINING: Whereupon the Commission on motion of Commissioner Reboso and seconded by Commissioner Plummer, adopted said ordinance by the fol- lowing vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, Mayor.Ferre. NOES: None ABSENT: Rev. Gibson. ABSTAINING: SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8359. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Plummer: Mr. Mayor, since I will be leaving at 6:30 the only thing I had spoke to Mr. Andrews about was item 35 and for the record Mr. Mayor this relates to advertising in the newspapers of general circulation. At budget time we discussed the possibility of trying to cut these costs down it is my intent and hope that the Commission will pass a resolution that we stick to classified advertisement of one newspaper and not display advertisement. Mayor Ferre: Mr. Plummer makes a motion as amended. Is there a second to the motion? The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO, 75- 137 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO SELECT A NEWS- PAPER OF GENERAL CIRCULATION IN MIAMI AND DADE COUNTY FOR THE PURPOSE OF PLACING AN ADVERTISEMENT THEREIN FOR THE SALE OF DELINQUENT SPECIAL IMPROVEMENT ASSESSEMENT LIENS, rF R 1 21975 (Here follows body of tesolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mr. Pl►►mmer, Mayor Ferre. NOES: None. ABSENT: AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CERTAIN SUBSEC- TIONS OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED); AS APPEAR- ING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SECTION 91 OF SAID CHAPTER 2 BY REPEALING SUBSECTIONS 6 (a) AND (b) OF SAID SECTION 91, AS AMENDED AND SUBSTITUTING, THEREFORE, NEW SUB- SECTIONS 6 (a), (b), AND (c) OF SECTION 91 OF SAID CHAPTER 2 PROVIDING FOR ACCIDEN- TAL OR SERVICE -INCURRED DISABILITY RE- TIREMENT ALLOWANCE; PROVIDING FOR THE PROCEDURE TO BE FOLLOWED BY THE RETIRE- MENT BOARD OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM WHEN CONSIDERING AN APPLICATION FOR ACCIDENTAL OR SERVICE - INCURRED DISABILITY RETIREMENT; PROVID- ING FOR THE DEFINITION OF TOTAL AND PERMANENT DISABILITY; PROVIDING FURTHER FOR THE RETIREMENT BOARD TO RECEIVE ALL AVAILABLE INFORMATION WHEN CONSIDER- ING AN APPLICATION FOR ACCIDENTAL OR SERVICE -INCURRED DISABILITY RETIREMENT; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING A ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READ- ING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN 4/5 OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Reboso, anc' seconded by Commissioner Gordon, for adoption as an emergency measure and di&pensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Rev. Qibson. ABSTAINING: Whereupon the Commission on motion of Commissioner Reboso, and seconded by Commissioner Gordon„ adopted said ordinance by the following vote: AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES; None. ABSENT: Rev. Gibson. ABSTAINING: SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8360. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. FEB 12 1975 Mayot F'ette: NowI tell you out of fairness really, Henry is here with aothe gentlemen. Henry Givens --- Mt. Lloyd: Just a Minute Mr. Mayor we have several ordinances to read and they have got to be read in an emergency treasure and you have to have a 4/5 vote and if PlUtmer leaves you haven't got it. Mayor Ferre: All right, keep on reading them. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDIN- ANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AND THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED) AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SUBSECTION 7 OF SECTION 2-91 BY ADDING AN ADDITIONAL SECTION (c) THERETO AND AMENDING SUBSECTION 6 OF SECTION 2-109 BY ADDING AN ADDITIONAL SECTION (c) THERETO, PROVIDING FOR A BENEFIT EQUAL TO FORTY (40) PERCENT OF A MEMBER'S MONTHLY RETIREMENT ALLOWANCE TO CHE SPOUSE OF A MEMBER WHO HAS DIED AFTER RECEIVING AN ACCIDENTAL DISABILITY RETIREMENT; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS (4/5TH'S) OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Reboso and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. ABSTAINING: Whereupon the Commission on motion of Commissioner Reboso and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. ABSTAINING: SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8361. The City Attorney read the ordinance into the 'public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE N0, 2230, DECEMBER 6, 1939, AS AMENDED); AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SEC- TION 96 OF SAID CHAPTER 2 BY REPEALING SUB- SECTIONS 3 (a), (b), AND (c), OF SAID SEC- TION 96, AS AMENDED, AND SUBSTITUTING, THEREFORE, NEW SUBSECTIONS 3 (a), (b), AND (c) OF SECTION 96 OF SAID CHAPTER 2, FEB 121975 requirement of reading same on two separate days, which was agreed to be the following vote: AYES: Mr, Plummer, Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None, ABSENT: Rev. Gibson. ABSTAINING: Whereupon the Commission on motion of Commissioner Reboso, and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Mr. Plummer, Mt. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None, ABSENT: Rev. Gibson. ABSTAINING: SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8363. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING CERTAIN SUB -SECTIONS OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED); AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF TIIE CITY OF MIAMI, FLORIDA), 1957, AS AMENDED, MORE PARTICULARLY, REPEALING SECTION 2-90 ENTITLED ADMINISTRATION, AND SUBSTI- TUTING THEREFOR A NEW SECTION 2-90 ENTITLED ADMIN- ISTRATION, THEREBY ESTABLISHING THIS RETIREMENT BOARD OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM AND PROVIDING FOR THE COMPOSITION THEREOF; PROVIDING FURTER FOR THE MEETINGS OF SAID BOARD AND THE PRO- CEDURE FOR ELECTION OF MEMBERS; PROVIDING FURTHER FOR QUALIFICATIONS FOR MEMBERSHIP ON SAID BOARD AND THE PROCEDURE FOR FILLING VACANCIES, IF ANY; PROVIDING FURTHER THAT MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION AND SHALL TAKE AN OATH OF OFFICE; PROVIDING FURTHER FOR RULES AND REGULA- TIONS BY WHICH THE BOARD IS TO BE GOVERNED; PROVID- ING FURTHER FOR THE SELECTION OF A VICE-CHAIRMAN AND SECRETARY FOR THE BOARD; PROVIDING FURTHER THAT THE BOARD SHALL KEEP INFORMATION AND DATA; PROVIDING FURTHER THAT THE BOARD SHALL KEEP ITS MINUTES OPEN FOR PUBLIC INSPECTION; PROVIDING FURTHER FOR THE SUB- MISSION OF ANNUAL REPORTS TO THE CITY COMMISSION OF THE CITY OF MIAMI; PROVIDING FURTHER FOR THE DESIG- NATION OF AN ACTUARY 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 BE FOLLOWED BY SAID PHYSICIAN WHEN REQUESTED TO ASSIST THE BOARD; PROVIDING FURTHER FOR AN ACTUARIAL VALUATION BY THE ACTUARY; 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 REQUIREMENTS OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Reboso and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: Hu FEB 1w1 75 AYES: Mts. Gotdon, Mr. Plurnrer, NOES: None. ABSENT: Rev. Gibson. ABSTAINING: Whereupon the Commission on seconded by COMMissionet Gordon, vote: AYES: Mr. Plummer, Mr. Reboso, NOES: None. ABSENT:Rev. Gibson. ABSTAINING: Mr. Reboso, Mayot Fette. motion of Coimnissioner Reboso and adopted said otdinance by the following Mrs. Gordon, Mayot Ferre. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8364. The City Attorney read the ordinance into the public record and announced thatcopieswere available to the members of the City ANm�niRB t�nERRC NTYTLE�-public. AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMEN- DED); AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PAR- TICULARLY AMENDING SECTION 106 OF SAID CHAPTER 2 BY REPEALING SUBSECTIONS 1 (c), 4, 5 AND 6 AND SUBSTITUTING, THEREFOR A NEW SUBSECTION 4 OF SECTION 106 OF SAID CHAPTER 2 THEREBY PLOVID- ING FOR TWO CLASSES OF EMPLOYEES, TO WIT: CLASS A- CONSISTING OF ALL GENERAL MEN AND WOMEN EMPLOYEES, AND CLASS B - CONSISTING OF ALL 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 H1S 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) UP 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 MAIMI CITY EMPLOYEES' RETIREMENT SYSTEM BECOMING MEMBERS OF THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN; PROVIDING FURTHER FOR AN ACTUARIAL VALUATION TO BE MADE AS OF DECEMBER 31, 1974, TO DETERMINS THE ASSETS AND LIABILITIES OF THOSE MEMBERS OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM TRANSFERRING TO THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN; PROVIDING FURTHER THT THERE SHALL BE AN EIGHT (8) PER CENT CONTRIBUTION BY ALL EMPLOYEES BELONGING TO THE MIAMI CITY GENERAL EMPLOYEES RETIREMENT PLAN; REPEALING 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 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. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on twD separate days, which was agreed to by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, Mayor Ferre, NOES: None. ABSENT: Rev. Gibson. ABSTAINING! Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said ordinance by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. ABSTAINING: SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8365. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Plummer, made the following statement prior to casting his vote: Mr. Mayor, one minute please, Mr. Manager, you sent us a memo and I see Mr. Kruse and Mr. Ling here to discuss a certain item which of the items is that? The question is, I read the memo - what is the additional cost? Mayor Ferre: You see he skipped over to words, he read "K", now there is a controversial on it. Do you want us leave --- Mr. Plummer: No, no, I am only asking the Manager raise the controversial by the memo, if there is a controversial, and there was some question , that the reason he has the actuary here. Now, I. think that needs to be resolved. Mr. Andrews: It was a question of the funding of this in relation to its initial impact verses a later impact, are I correct? Also, that you resolved it and that this can be handled a certain way that impact will level out, am I correct? Would you explain that to the Commission? Mayor Ferre: Well, just answer that if this has been resolved. Mr. Kruse: It would have to be resolved by some additional amendatory language adopted by the Commission. Mr. Andrews: Since this does not affect the agreements in any way and it's an error of funding, could you tell the Commission that we can come back and revise this ordinance in such a way to achieve it so it is not an impact? Mr. Kruse: That is correct. We will bring another ordinance back to amending this one at a later date. s,u FEB 121975 AN ORDINANCE ENTITLED,, AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY GENERAL EMPLOYEES' RETtRE- ment plan 9ordinance no. 5624, MAY 2, 1956, AS AMENDED); AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAII, FLORIDA 1957, AS AMENDED, MORE PAR- TICULARLY AMENDING SECTION 109 OF SAID CHAPTER 2 BY REPEALING SUBSECTIONS 5 (a) AND (b) OF SAID SECTION 109, AS AMENDED, AND SUBSTITUTING, THERE- FORE, NEW SUBSECTIONS 5 (a), (b), AND (c) OF SECTION 109 OF SA:':D CHAPTER 2 PROVIDING FOR ACCIDENTAL OR SERVICE -INCURRED DISABILITY RE- TIREMENT ALLOWANCE; PROVIDING FR THE PROCEDURE TO BE FOLLOWED BY THE RETIREMENT BOARD OF THE MIAIM CITY GENERAL EMPLOYEES' RETIREMENT PLAN WHEN CONSIDERING AN APPLICATION FOR ACCIDENTAL OR SERVICE -INCURRED DISABILITY RETIREMENT; PROVIDING FOR THE DEFINITION OF TOTAL AND ?ER- MANENT DISABILITY; PROVIDING FURTHER FOR THE RETIREMENT BOARD TO RECEIVE ALL AVAILABLE INFORMATION WHEN CONSIDERING AN APPLICATION FOR ACCIDENTAL OR SERVICE- INCURRED DISABILITY RETIREMENT; REPEALING ALL ORDINANCES, CODE SEC- TIONS OR PARTS T1EREOF 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 SANE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN 4/5 OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. ABSTAINING: Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adopted said ordinance by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. ABSTAINING: SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8366. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Plummer: Mr. Mayor, let me please just stop you and I know it's going to stop the whole thing and let me apologize to you and the members of the Commission and the people here. The one thing in life I can't change is the time of a funeral. I have a 7:00 O'clock funeral and I must leave and I apologize to everyone, but I have to leave. Mayor Ferre: 1 understand. My only complication and understanding that is that,that fellow isn't going anywhere. Mr. Plummer; Yes, but he has people he is leaving behind. I am sorry, but i. must go. Mayor Ferre; All right, we understand and it's cpmpletely understandable. Let the record reflect that all member of the Commission have a copy of this and made available to the public. We will have to read the rest of it at the next Commission meeting. FEB 121975 .'t. 1.Le �. !a C:'1etai_', r- 1: ,c.; (r;. lrl the i.:vent. th ler t.::e ri_ _tl to ;.. e •.... 1 •,. .,te,. r. - { .. It '�! �t C <i.t^r,.. .. _ . .) u t_,., � >., i.c:�Il •.�i.Ll r-e (. t)t i�.:t_icl-: e`i. .. _.• iT1: ln:>' ri.'.i ri.-::_e'i?t 1}ia.: rd Cor the syst(_m then the rest e-:!y b ! no: :'.'ld t:n°ih t:l :'y will b:'e;tr'1 effective 30 dais i rt':.1 `. eli'. t°.1'' Cris i .f_i:i'ot.l rt'•td i n�, I. t !ri i r;h to do i r til:' is wee/. ee• 't t . :I. tl' ri. t: '1e1 t i'i: ".I" .11ltl lvh 1.111 It:te., t t1 till I l' 'l 1. t:l t ' •11 1. e:i . lee..1 ill l t tll t? • 'i.:i i:! It :•e• 1•, (..'1( •,tit: ...-:: e.,_ :!1 1 t' t t 1' .,1 (ea it. . . .. • ;il . _ . He ii. e • e t t ie. ..ie ttt.et 'itu gill i+ �.. uo t''t. . I t it i 1''., t isA t \. i t t be toe b.-it w, y 1 c, (lv t h i 1 eeeeeeeeet m m )MI `�, PERSONAL APPEARANCE RLD \ii_L,��' � LIIT O� OVLRTf't!N IBIS I ��I CT 1 '.t•5, ;'IRS, C'.4EN CH` RRY OF THL CITY OF MIAMI = ME 46 A- DISCUSSION OF CITY PARTICIPATION IN MINORITY BANKS DEPOSIT PROGRAM Mayor Ferret All right, Henry (:i:vins we' will listen to you. Henry Gevi.ns: I met with ;1r.fiidd l.ebronk af. ter the Commission had heard the proposal and we believe that this' is a vital Proposal in it's intent. We take exception to certain aspects of the proposal and have asked Mr. Millbroc'k to Meet with Mr. Acton so that the proposal could be tailored to fit that which the city is trying to achieve and yet sleet the objectives that they had set for the N4i6hiai;t: .':i Kcignts Group to have the university urban studies, utti.vtrsitey represent them in a way that they through their professional can talk to the professional in the city during the planning and other areas of concern affectire!, the overtown area. Now we are prepared to do that. %Then we further are going to recommend that we Lake an application for 701 grant funds for this: project that wt think will now be about 40 thousand dollars in effort rather Ulan 76 thousand dollars from our analysis and if we are not successful in 701 grant, we will have to look to other funding. The only thing I would ask the Commission to commit that when we look to other fund:ng that we look to it from other than general furl appropriation where we are having a ;rc_st deal of difficult and less over come problems, so it would have to come from community development funds, from other source. of funding. Mayor Ferro: Can't we get this from Co! _nunity Development Funds? Henry Gevino: Well., I don't want to commit the city to that until we get through reviewing the Community Development Funds. That's the decision that you can make at the time. Mayor Ferre: I don't want you to commit the city and of course you and I can't commit the city, but I want to commit myself to the idea that somehow, so'ewhere, we are going to help solve this 'problem. Mrs. Gwen Cherry: if this is only further delay Mr. Mayor, if we continue , you are going to seek to find where the funds will he, that means a prolongectffcrt again. This particularly area has been allowed to deteriorate in weight. Henry Gevins: But, you can't really take the total planning effort that you are going to put forth and I think Mr. i'liddlebrookand I. am not going to speak for him he can speak for himself, agreed that it nas to be done somewhat in phase with our whole general. development. There are certain aspects of it that can be tcl:cn out of context, but not certainly all of it. Mrs. Gwen Chtrrv: 1 think he is in ill',rrcahJe to row portion of it, bur c.tt.'t we have a time table please fir. - time table in which you say you ilre going tee r'lli1— mil it fur consideration and the 7(i1. There are no funds in the 701. Hour) (; vin!;: Well, ye,l !lay there ..trt•o'(, but that doo;ttl't prevent. us 1rola an application. We have been very successful in that urca :.nd we think we are going to hut•t t sful in this effort, that doesn't moan that we will get the funds but we certainly emit to try. Mr. '1iildlebrookand 1 and Mr. Acton when we talked I was under the impression that: tihiS could be Settled in about two,(2) weeks, that they could rtview there proposal and getit arcomplished so that we could make the application. ioJ FEB /21975 Joe Middlebrook: Mr. Mayor, Commissioners, the Manager and I did meet oh the proposal which was submitted. He is correct in indicating to us that perhaps an application for 701 funds could be submitted. I think 1 did indicate to the Manager that based on my knowledge of the 701 "program that the funds in that program haver been reduced for two consective years and that the funds probably will be reduced again next year and we suggested that we would like to persue them route, but we don't wart to delay the project to the extent that it becomes something which is constantly going from one funding source to the other. Mr. Andrews: Mr. Mayor, and member of the Commission, the only thing you could commit is that to give me some time to look at alternative source assumption that there might be revenue sharing funds or some other source that we would then pledge, replace those funds if we got they grant. Mayor Ferro: Paul, I think you know the sense of this k.:o mmission, number 1, number 2, 1 think you sense the dedication of the people thatare here on the project, number 3, I think that this is hitting amount of urgency in itself. With that in mind and I have complete faith in the good will of Paul Andrews that he is not leading you on or trying to play games with you. Mr. Andrews: No, I am certainly not doing that. Mrs. Gwen Cherry: Within two weeks, did you say Mr. Gevins? Mr. Henry Gevins: Well, in two weeks for them to come up their proposal. Now, we will start looking at funding sources, but it's depending upon them coming up to some conclusions as far as what will be presented. Mrs. Gwen Cherry: All right, thank you so much. Thank you Mr. Mayor. Mayor Ferre: All right, thank you Gwen. All right, Henry. Mr�}nenry��uevins: Mr. Mayor, I am here again in concern for the city of Miami participation in minority bank deposit program. At the last commission meeting 1 think the Vice Mayor, Mr. Plummer asked the City Manager to prepare a report as it relates to minority bank dep. program. t had an opportunity to glance briefly at the report. I am somewhat concerned about the report to the point that the report implies to city participation in the areas of etyri:ificates of deposit. I am concerned with the city participation minority bank deposit program in the area of demand deposits where these small minority banks will have an opportunity to reach some benefits from revenues which the City of Miami has. Now, we are going through some extremely terrible economic times, and small businessmen in this community and in many urban communities throughout this country can only look to the U.S. Government's Small Administration for economics support, and I feel that this city has an opportunity to assist minority businessmen by placing some of its money in some institutions that are committed to up grading and up lifting their community, now I am knowledgable of only two minority on banks here in the Greater Miami area and located within the city of Miami and that is the Bank of Miami, and the Continental Bank, which is located on South West First Street. I don't think Fidelity is minority only. Minority only, would mean 51% being Black, or Spanish Speaking or American Indian or --- I think I am correct according to reports from the department of Commerce. Within the city I assume that you would want to give your assistance in the city. right. -- The thing that makes this kind of peculiar and makes it funny is when you have large corporations that are not based within the city of Miami to take time out to make demand deposits within the banks like Gulf Oil, Standard Oil, or your large insurance companys to show their commitment to minority interprise. You would feel that a city whose composition is at least any where in the neighborhood to 70 to 75% minority would be bending over backward and try and solve it's minority economic community. Now, these small Black and Spanish Speaking businessmen who are located within the city of Miami remained here when you are more afluent businessmen got up and left. I think that this commission has a responsible to help them stay within this city limits economically and one of the ways you can help to do that is to participate in a minority bank deposit program. Mayor Ferre: All right, Mr. Andrews you wrote us a memo on all of this dated February 10th. Has the Commission had an opportunity to read it or maybe you can just summarize it. F B121975 Mr.Aidrews: The cities banking activities are really divided into two areas. Those which are timed deposits in which we take bids based on the highest bids we make including the minority banks. Funds available for deposits at a hundred thousand dollar interments and that's available to them now I think they are taking advantage of that. The area that they are really concerned with is the commercial accounts in which we have a checking account. This is guided by ordinances, established by the Commission many years ago Jutting banks in rotation. once a year we change banks based on that ordinance and there was a public hearing at the time that this was established as to the banking order, and this is really beyond the purview of the city Manager, it up to the Commission to establish policy in that area. If you want to change that I suggest first that I send you all the minutes in that area so you are acquainted how this was established. The implicat- ions to change that then you come to a decision as to what you want to do. the Mayor Ferre: All right, here is what chair is going to rule unless somebody wants to change it, and that is that tte Manager provides this Commission with a complete history of how this was established, the impact of it, who has had it, who has it now, how much the funds are that rotates in those banks, whether or not they can be split(for example, we might put the sanitation department into one bank ) we might be able to split it, so that we don't have all of the cities account in one bank, we might split it by departments for some way of doing it and that way give some of these minority banks the opportunity. In principle I want to state that I am in favor of that, ok. Mr. Henry Gevins: All right, thank you Mr. Mayor., I am very pleased. 41 Mayor Ferre: Now, we go back to the regular agenda which is item 27. LEAqSE. AREA UND RNEATN N,S,EXPRESSW Y BETWEEN ,�`� APPROVE IN PRINCIPLE S.W./ AND S,W,6 STREETS AND S.W. 15 ROAD 47, FOR DEVELOPMENT OF A MINI -PARK Mayor Ferre: I don't know why Plummer held that up, but he said he wanted some discussion on that. Mr. Andrews: No, I suggested that you hold that up, because there was a Mr. Mc Intosh that Mrs. Gordon wanted to call upon who had asked her for the privilege to speak in reference to this. Mrs. Gordon I am not sure what he wanted to talk about. Mayor Ferre: I remember what his concern was and that was to make sure that the area was cleaned up. There was a lot of debris in that, and we will try to attend to that by getting the various agencies that are involved including off-street parking, the state, and the county. Mrs. Gordon: Could you just get us a report by our next Commission meeting of the status of it and what your recommedation would be on it, ok? Mayor Ferre: Yes. Isn't that the one that's right near the expressway there where all those roads come together where Food Fair used to have --- Mr. Andrews: You should have some maps in your item Mr. Mayor. Mayor Ferre: I am looking at the map, but I can't see where it is, oh' yes, I see where it is, all right,see that's the Food Fair, you remember that, it's now Pantry Pride on the corner. Mr. Andrews: That's where 3rd Avenue bends underneath the expressway, the end of 3rd Avenue going over to f3rickell. Mrs. Gordon: We11, actually we ought to defer this item, we can just move a resolution, that the submission of an application to the state of Florida, Dept. of Transportation for the lease of these sites for parks development be adopted, Mayor Ferre: Yes. or)1"197 The following resolution was introduced by Cote issionet Gordon who moved its adoption: RESOLUTION NO. 7 5- 1.38- A RESOLUTION APPROVING IN PRINCIPLE A LEASE BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION FOR THE AREA UNDERNEATH THE NORTH - SOUTH EXPRESSWAY BETWEEN S.W. 7TH AND S.W. 8TH STREETS AND S.W. 15 ROAD AND S.W. 3RD AVENUE FOR THE DEVELOP- MENT OF MINI -PARKS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR- WARDING SAID AGREEMENT AND OTHER NECESSARY DOCUMENTS TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded bomm ye'oso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso,Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Mr. Plummer, Rev. Gibson. ,) LOT A, BLOCK 1- DUPONT PLAZA 48 ACCEPT GRANT OF EASEMENT FOR MIAMI RIVER WALKWAY Mayor Ferre: The question here was, where was the exact location? The memo's on item 28 reads as follows: Miami River walkway that is now being constructed, is to be continued from the west side of South East Second Avenue Bridge to the Bay Point Area was necessary to obtain several pedestrian walkway easements . Bay View associates owners of the Dupont Plaza had agreed to grant a walkway easement on their property 1 recommend to the city Commission to adopt the attached resolution. Mr. Andrews: Is this right abuttingthe bridge --- Mayor Ferre: This helps us, because it gets us to Dupont Plaza to make it a public walkway. Mrs. Gordon: I understand. FEB i 2 1975 The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 757139 A RESOLUTION ACCEPTING THE GRANT OF EASEMENT OF APRIL 26, 1974 BY BAYVIEW ASSOCIATES, INC. FOR CERTAIN PROPERTIES IN LOT A, BLOCK 1, DUPONT PLAZA, AND AUTHORIZING AND DIERCTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO RECORD SAID GRANT OF EASEMENT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Mr, Plummer, Rev. Gibson. h $55,000 FOR INCREASE BENEFIT; DOD APPROPRIATIONS ORD, IN PENSION FUND OF RETIREES /b. ODIO PROVIDE ADDITIONAL APPROPRIATION <4 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 8316, ADOPTED OCTOBER 10, 1974, TO PROVIDE FOR THE ADDITIONAL APPROPRIATION OF $55,000 FOR THE CITY'S 1974-75 FISCPL YEAR BUDGET TO COVER THE INCREASE 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; PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Gordon and seconded by Commissioner Reboso, and passed on its first reading by title by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Rev. Gibson, Commissioner Plummer. ABSTAINING: The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. FEB 12197 x 4 50, APPOINTMENTS TO INTERNATIONAL FOLK FESTIVAL COMMITTEE The following resolution was introduced by CotaMissioner Gordon who Moved its adoption: RESOLUTION NO. 75- 140 A RESOLUTION APPOINTING MS. MARIA ELENA, MR. JAMES MOSS, TORANO TO THE INTERNATIONAL FOLK & FANNIE MAE LEEPER • FESTIVAL COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Rehoso,the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummber, and Rev. Gibson. h R, 51. APPOINTING GERALD A. LEWIS AND THOMAS WASMU TH AS MEMBERS OF Df)WNTo!1N DEVELOPMENT AUTHORITY The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-141 A RESOLUTION APPOINTING GERALD A. LEWIS AND THOMAS C. WASMUTH AS BOARD MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummber, and Rev. Gibson. FFRi. 175 52, APPOINTMENTS to ECOLOGY & BEAUTIFICATION COMMITTEE The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO, 75-142 A RESOLUTION APPOINTING THREE INDIVIDUALS TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION. (Here follows bo.iy of resolution, omitted here and en file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Hobos°, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. h 53, GRANT 50% REDUCTION IN RENT- BAYFRONT PARK AUDITORIUM C4Qo DADE COUNTY MUSIC DEPARTMENT FOR MUSIC EVALUATION FESTIVALS The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-143 A RESOLUTION WAIVING 50% OF THE RENTAL FEE FOR THE USE OF THE BAYFRONT AUDITORIUM FOR MUSIC EVALUATION FESTIVALS TO BE PRE- SENTED BY DR. HOWARD DOOLIN, MUS::C CONSULTANT FOR THE DADE COUNTY PUBLIC SCHOOL SYSTEM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. Mayor Ferre: While we are at it, I might as well get these other things out of the way. Please ask the Commission to waive the fee for the use of the Miami Baseball Stadium on February 7th, by the Pediatric Care Center Ink, they are based .in Ft. Lauderdale and they sponsored a none profit fund raising concert that night. The center is a none profit residential home for mental retarded children for the whole area, all of the South Florida area. They have 53 children presently residing at the center. They raise money for the center to provide entertainment for the communities of South Florida and serve all of South Florida. Mr, Andrews: May I make a suggestion that before you do that, that you explore the sportatorium in Ft. Lauderdale where they can accommodiate this sort of thing. Mayor Ferre: It's already taken place. All they are asking for now is that they want to waiver of the fee. I want these people to tell me why we should waiver the fee other than their non-profit, do they give any service in Miami? Now, the Miami Police, this is one million man serving mankind, this is to inform you that the Lions Club Tropiciana Sunshine and -_---- plan to have a carnival at South Port Park,at the corner of llth Street and ---- FEB 1:.! 7 Mr. Andrews: Noi you know that's South Pott Patk again, is this area, at 22nd and 1lth# which we are trying to stop. You went through some ernerg= ency ptocedttres to scco1lyodate a carnival, becauae we have gotten difficulty there. I tecoth ehd that We not continue carnivilfi at that location. Mayor Ferret No, no, wait a minute. See, it's the same thing. We approved it, this carnival has been passed by the city Commission at the last meeting and all they ate saying is, that rather than Match 2lst, they went to hold it March 30th. This is the one we previously approved. They just want to change dates. Mrs. Andrews: All right. � 54, ISSUANCE OF MISCELLANEOUS WASTE COLLECTION LICENSES The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-144 A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION LICENSES TO: INDUSTRIAL WASTE SERVICE, INC,, WILLIAMS HAULING, INC. CORBAR'S TRUCKING & TRASH HAULING,INC., COUNTY WASTE, INC., ALERT ECOLOGY CONTROLS INC., RAFAEL LAZARO SANCHEZ, AND ALL FLORIDA SANITATION SERVICE, INC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. 10l FEB 12197 ti ti 55, AWARD BID = PARKS - BASEBALL BACKSTOPS 11 .40 The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-145 A RESOLUTION ACCEPTING THE BID OF ANCOR POST PRODUCTS, INC.'OF FLORIDA IN THE AMOUNT OF $52,253.83 FOR THE PARKS - BASEBALL BACKSTOPS - 1975; ALLOCA'.'ING THE AMOUNT OF $52,253.83 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $5,225.08 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $1,045.09 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY MANFGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. Mayor Ferre: Deferred Item 47 - "A & B". FEB 12175 141 56, AWARD BID = WAINWRIGHT PARK IMPROVEMENTS z 1975 The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-146 A RESOLUTION ACCEPTING THE BID OF DECONCO, INC, IN THE AMOUNT OF $37,408.00 FOR WAINWRIGHT PARK IMPROVEMENTS 1975; ALLOCATING THE AMOUNT OF $37,408.00 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $3,740.80 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $748.20 TO COVER THE COST OF ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. g 57. AWARD BID - AMMUNITION FOR THE POLICE DEPARTMENT The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-147 A RESOLUTION ACCEPTING THE BIDS RECEIVED FROM ZERO BULLET CO. IN THE AMOUNT OF $9,194.20, SOUTHERN GUN DISTRIBUTORS IN THE AMOUNT OF $4,083.80, BUFFALO ROCK SHOOTERS SUPPLY IN THE AMOUNT OF $278.00, S. & W. AMMUNITION CO. IN THE AMOUNT OF $3,317.58, AND FEDERAL LABORATORIES IN THE AMOUNT OF $467.40 FOR FURNISHING AMMUNITION FOR THE POLICE DEPARTMENT AT A TOTAL COST OF $17,340.98; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR THESE SUPPLIES AFTER FIRST DETERMINING THAT FUNDS ARE AVAILABLE FOR THIS PUR - POSE IN THE 1974-1975 FISCAL YEAR BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote; AYES: Mrs, Gordon, Mr, Reboso, Mayor Ferre. NOES: None, ABSENT; Commissioner Plummer, and Rev, Gibson, 10 FL6L l915 c\F 58, AWARD BID INCINERATOR /,SH{ 'RAILER The following resolution Was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-148 A RESOLUTION ACCEPTING THE BID RECFIVED FROM FLORIDA MUNICIPAL SALES FOR A COMPRESSING TYPE INCINERATOR ASH TRAILER, FOR USE BY THE SANITATION DEPhRTMENT OF THE CITY OF MIAMI AT A COST OF $25,500.00; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT FROM FUNDS AVAILABLE FROM THE GARAGE REPLACEMENT RESERVE, FISCAL YEAR 1974-75. (Here follows body of resolution, omitted here and on file ii the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. 0) Cl 4259. AWARD BID — MEDICAL SUPPLILS v The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-149 A RESOLUTION ACCEPTING THE BIDS RECEIVED FROM ALL MIAMI FIRST AID CO., DYNA MED CORPORATION AMEDIC CORPORATION AND GENTEC FOR FURNISHING MEDICAL SUPPLIES FOR ONE YEAR FROM THE DATE OF AWARD FOR USE BY ALL DEPARTMENTS OF THE CITY AT AN ANNUAL COST OF $40,000.00; AUTH- ORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS, AS NEEDED, USING FUNDS PROVIDED FOR THESE PURCHASES IN THE 1974-75 FISCAL YEAR BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote:. AYES; Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT; Commissioner Plummer, and Rev. Gibson. FEB 121975 60, AWARD BID HEAVY EQUIPMENT 4.41 The following resolution was introduced by Commissioner Gordon who Moved its adoption: RESOLUTION NO. 75-150 A RESOLUTION ACCEPTING THE BIDS RECEIVED FOR FURNISHING HEAVY EQUIPMENT FOR USE BY THE SANITATION DEPARTMENT FROM GROWERS FORD TRACTOR CO. IN THE AMOUNT OF $4,550.00 AND SHELLY TRACTOR b EQUIPMENT CO. IN THE AMOUNT OF $11,740.64, TOTALING $16,290.64; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT FROM FUNDS AVAILABLE IN THE GARAGE REPLACEMENT RESERVE, 1974-75 FISCAL BUDGET. (Here follows. body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. d, TRMI LATE CIVIL ACTION W4-4125 - PARCEL No, 7091-2, CITY Vs, PLATO Cox LATIN RIVERFROEIT PARK Mayor Ferre: Now, City Attorney report. Mr. Lloyd: First, beginning agenda, read the agenda of what we have got. First, there is memo on resolution and the Latin Riverfront Community Park. As you know we have been in contact with several of the attorneys for some of the property owners, now the Ray parcel, we have been in contact with them and the owners. The Ray family do not contest in the necessity of taking and having them negotiating for the City for over a year. Our present appraisal of the parcel is $412,500.00. Their attorney has advised us that his clients will accept the sum of $500,000.00 as a complete package which will include all of the property, all of the attcrney's fees, all of the appraisal fees, any special damages, and cost of any nature whatsoever, and is noted in the memo. The subject parcel contains 60% of the total water- front in the proposed Latin Riverfront Community Park. Now, from a stand point of reasonable settlement, I propose that this is a reasonable settle- ment and suggest that the Commission accept it on this basis. But I think that the City Manager may have some ideas to whether or not you should take it from the basis without getting the Cox's property which is adjacent to it and in the middle of the Centro-Mater property and this parcel. So you are going to have to make up your legislative mind on that one. Mayor Ferre: I want the Manager's recommendation of two things. (1) Is the settlement in your opinion an appropriate figure and (2) Can you live with this and make it just that, in other words what you are doing is cutting your park in half. Are you willing to do that and live with it. Mr. Andrews: Yes, I am and in order to expedite this on this basis that if this is the only parcel that we will acquire, we will have to evaluate having approximately a two acre or 2 3/4 acre park, if at that time the Commission should decide that it's not a wise move, Let's say two years pass by us, I don't think the City is going to lose any money on this matter in terms of the land, It's going to be a positile step and I think we will move ahead on the rest of it. Mrs. Gordon: Just tell me how large that you say this is that we are buying? Mr. Andrews: It's 1.79 acres and .. and 3/4 acres. We have a small piece already and a portion under the expressway. Mayor Ferre: How much do we have now? Mr. Andrews: We have a small piece. We have the portion under the expressw<y. Mrs. Gordon: How much is missing, Mr. Andrews, that we haven't been able to acquire? Mr. Andrews: He is showing her the map of the location. There is one thing I might know quickly is, we are still on appeal with the other three parcels and we hate been in negotiation with the attorney for the Cox's property, but the prices are just out of sight, and I wouldn't recommend to the Commission that they accept that, unless this price comes down. The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-151 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TERMINATE, BY ANY APPROPRIATE MEANS, THAT PART OF THE CITY OF MIAMI V. PLATO COX, CIVIL ACTION 1 74-4125 CONCERNING PARCEL NO. 7091-2, IF SAID TERMINATION CAN BE ACCOMPLISHED BY A TOTAL PAYMENT TO ALL INTERESTED PARTIES, INCLUDING BUT NOT LIMITED TO OWNERS, MORTGAGES, ATTORNEYS AND APPRAISERS, OF NOT MORE THAN FIVE HUNDRED THOUSAND ($500,000) DOLLARS; AND AUTHOR- IZING AND DIRECTING THE FINANCE DIRECTOR OF THE CITY OF MIAMI TO ALLOCATE AND PAY THE NECESSARY SUMS FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs, Gordon, Mayor Ferro. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson /12. zv GRANt FREE USE OF PARKING 62i Lot- MARINE 8TAb1UM AR,"hi@bnAPI'Pth@ic CHURCH The following resolution was introduced by CommisSioner Gordon who moved its adoption: RESOLUTION NO. 75-152 A RESOLUTION GRANTING FREE USE OF THE PARKING LOT AT THE MARINE STADIUM FOR A CARNIVAL TO BE SPONSORED BY ST. KIERNAN'S CATHOLIC CHURCH ON MARCH 7, 8 AND 9, 1975; SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. 62.(A). - DISUCSSION ITEM - SPIRIT OF "76" FLIGHT. Mr. Lloyd: I want to bring up these facts which we found out, this is a resolution approving a flight by the spirt of Miami of 76 Sea Plane. Now, what we found out is that the gentleman lives across from the Sea Plane Base and he is not planning to go until next July some time and just so the Commission will know there is no guarantee that he will go, maybe he just getting a free bird. Mayor Ferre: I see, what you are saying is that, this guy may he just be getting free runs from us for a year, he isn't going anywhere, he is just playing games. Mr. Lloyd: We don't know. Mr. Mayor, I met with this gentleman and he understands that 1 am not going to enter int') any agreement even if this resolution was adopted because we are in the process of receiving letters of objection from the Marine Council, the boating in the Dinner Key area and certain residential organizations here, the Yacht Club, also protesting that this has been reserved by the Commission for boating purposes. Mayor Ferre: Here is the only way I would vote for it, he is going to have to post some kind of a bond and if he doesn't take his trip around the world. then he owes us some rent or something like that, that should persuade him. You work on it and bring it out next time. Mr. Lloyd: We will just forget it and go on to the next one. FEB 1?1975 GRANT PERMISSION TO HOLD OARi4iVAL CITY O D PROPERTY 65, N,W, 22 AVE & N WI 11 StRLET LIONS CLUB cARNlVAL The following rbsolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO, 75-153 A RESOLUTION GIVING PERMISSION TO THE LIONS CLUB TO HOLD A CARNIVAL ON CITY -OWNED PROPERTY AT N.W. 22ND AVENUE AND 11TH STREET ON MARCH 21ST THROUGH MARCH 3OTH, 1975; SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. ti 64, APPOINT MEMBERS - ENVIRONMENTAL PRESERVATION REVIEW BOARD 444 4L The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-154 A RESOLUTION APPOINTING FIVE MEMBERS AND TWO ALTERNATE MEMBERS TO THE ENVIRONMENTAL PRESER- VATION REVIEW BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was - passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. FES ? W7 "65 41, VE ISO, M FOR REAPPLICATION O tbNtNG CHANGE POR Uo fiH 6, 160 K �E JEUNE GARDEN ESTATES td 1 2 Wit ANb , 4 ST The following resolution was introduced by Coimnissionet Gordon +who moved its adoption: RESOLUTION NO, 75-155 A RESOLUTION WAIVING THE 18-MONTH L1MIT FOR RE+APPLICATION FOR REZONING OF LOTS 1 THROUGH 6, BLOCK 1, LEJUNE GARDEN ESTATES: PROPERTY LOCATED AT NORTHEAST CORNER, N.W. 42ND COURT AND N.W. I4TII STREET, ZONED R-2 (2-FAMILY) DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. ,yam 66, PROPOSE CONSIDERATIbN OF AMENDMENT FOR CHANGE �c�,, OF ZONING The following resolution was moved its adoption: LOTS 1 THRU 6, BLOCK 1 LE JEUNE GARDEN ESTATES (SEND BACK TO PLANNING ADV.BOARD) introduced by Commissioner Gordon who RESOLUTION NO. 75-156 A RESOLUTION OF THE CITY COMMISSION PROPOSING CONSIDERATION OF AN AMENDMENT TO THE CITY OF MIAMI COMPREHENSIVE ZONING ORDINANCE NO. 6871, FOR CHANGE OF ZONING OF LOTS 1 THROUGH 6, BLOCK 1, LEJUNE GARDEN ESTATES, (NORTHEAST CORNER N.W. 42ND COURT AND N.W. 14TH STREET) FROM R-2 (2-FAMILY) DISTRICT TO C-4 (GENERAL COMMERCIAL) DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. 11i FEB 12197 5 14 pERmit DUPLEX coNstRUCttON OE GARAGE AM ttMON TO EXISTING c\P67. VARIANCE UNPLATTED TRACT - 2181 S. W . 16TH STREET 40 ck The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-157 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 68710 ARTICLE IV, SECTION 9(1), AND ARTICLE VII, SECTION 3 (2) (b), TO PERMIT CONSTRUCTION OF GARAGE ADDITION TO EXISTING DUPLEX WITH 3.95' SIDE STREET SETBACK (15' REQUIRED), WAIVING PLATTING REQUIREMENTS: BEING UNPLATTED TRACT AT 2181 S.W. 16T1 STREET, ZONED R-3 (LOW DENSITY MULTIPLE) DISTRICT, SUBJECT 10 SAID ADDITION BEING CONSTRUCTED A MINIMUM OF 4' NORTH OF THE EXISTING BUILDING WALL ON THE SOUTH SIDE. (Here follows body of resolution, omitted hers and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. Mr.Andrews: Mr. Mayor, Member of the Commission, I have four items which will take five minutes. Vice Mayor, Plummer, was going to introduce a motion pernitting the South Miami High School Band based on a letter that he hal received from Mayor Block of South Miami, to utilize the Marine Stadium and waive the fees except for the cost for a concert they want to hold there on May 23, 1975. 4 MOTION OF INTENT TO ,.„, 68. WAIVE RENTAL FEE MARINE STADIUM - MAY 23, 1975 SOUTH MIAMI HIGH SCHOOL BAND The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-158 A MOTION OF INTENT TO PERMIT THE SOUTH MIAMI HIGH SCHOOL BAND TO USE THE MARINE STADIUM ON MAY 23, 1975, AND WAIVING FEE UPON PAYMENT OF NECESSARY COSTS. Upon being seconded by Commissioner Rehoso, the motion was passed and adopted by the following vote: AYES: Mr, Reboso, Mrs. Gordon, Mayor Ferro. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. 110 FF R 121975 Mod` I oN or INTENT To `Q 69, PROVIDE BERTHING SPACE NAVY LEAGUE FOR BERTHING:oF gLooP FOR A PERIOD OF FOUR DAYS the following mot%on was introduced by Commissioner Gordon, who moved its adoption: MOTION NO, 75-1 _+g A MOTION OF INTENT TO PERMIT THE NAVY LEAGUE TO BERTH A SLOOP FOR FOUR DAYS AT THE DOWNTOWN MARINA. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. CAPITAL IMPROVEMENT FUNDS -UNALLOCATED ESTABLISH oo 1 SPECIAL FUND FOR PURCHASE OF MATERIALS AND Q, 70, APPROPRIATE $50,000 CONTRACTUAL MATERIALS FOR ALTERATIONS OR ADDITIONS TO CITY BUILDINGS The following resolution was introduced by Commissioner Cardon who moved its adoption: RESOLUTION NO. 75-160 A RESOLUTION APPROPRIATING $50,000 FROM THE CAPITAL IMPROVEMENT FUNDS - UNALLOCATED FUNDS TO ESTABLISH A SPECIAL FUND FOR THE PURCHASE OF MATERIALS AND CONTRACTUAL SERVICES NECESSARY FOR CONSTRUCTING MISCELLANEOUS ALTERATIONS AND ADDITIONS TO CITY BUILDINGS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. Q; 71, ESTABLISH DATES OF PUBLIC HEARINGS 4 CITY COMMISSION HEARINGS ON PROPOSED RAPID TRANSIT Mr. Andrews: One more matter Mr. Mayor, I am going to send the Commission a Memorandum re-establishing the rapid transit public hearing dates. They will change from the Memorandum I had sent to you previously and the new dates will be Tuesday, February 18, 1975, at 8:00 p.m. Ada Merritt Junior High School, Thursday, February 20, 1975, Allapattah Junior High School, and Tuesday, February 25,1975 City Commission Chambers, but I will be sending you a Memorandum in reference to that. Mayor Ferre: One thing I wanted to bring out to your attention is that we have a letter from. Mr, Feavy, Director of Parks and Recreation, Metropolitan Dade County, giving us 11,375 packages, 340 guns to sl of the palms. 11, FEB 1 2 1975 Paul, I hope that you have answered theft and said that we will accept them. Mr. Andrews: I have 8nswered them. Mayor Ferre: They have set a deadline, that if we don't accept them we lose them. Secondly, I want to let the Commission know that I received a certified return receipt requested letter from the U.S. Secretary of Treasury, dated February 7, 1975 in which I don't like the meaning of this, it says Dear Mayor Ferre, a complying survey made by our office indicates possible discrim- ination by the City of Miami, the survey shows that although 45% of the population is Spanish Speaking, only 5,5% of the City work force is from that -Ethnics group. They tell us about the law that we are violating uud this letter does not constitute a notice of non-comp:.ying, but they request that we give them right away 15 day to answer. I hope --- Mr. Andrews: May I comment on that Mr. Mayor? I have sent a Memorandum to the Civil Service Board attaching that with copies to all of the Commission which also has---- and the Commission will receive it and I have indicated to the Civil Service Board that they must take some very drastic action in order to begin the whole area of affirmative action so that we have more Latins and Blacks come into the City Government. One of those is restricting in -hiring to within the City of Miami. Mayor Ferre: Paul, 'ae are going to get clobbered right on --- just like that, by the Courts again. I don't want that to happen to us. --- The Civil Service Board has to review that then within the Commission and myself, in concert. It's not going to happen until some radical adjustments are made at the bottom of the whole system. It isn't that we don't want to do it, the law says we have to do it. Mr. Andrews: Well, what I suggest you do is that, you and I will do it for you , have the Civil Service Board come before the Commission, and lets discuss this and you set some directions. Mayor Ferre: All right, I tell you what, you schedule all of them, I want the whole Board to be present next Commission meeting for full pledge discussion on this, and I want them to come up with answers. Mr. Andrews: Ok. Mrs. Gordon: Everytime I read a report. It is pointed out so vividly that there no women whatsoever,a Black, Latin or any other kind in any kind of Administrative position. Mr. Andrews: That's really not so any longer, Mrs. Gordon. Mr. Lloyd: Mr. Mayor, in line with your directory and the Commission wishes to attempt to proceed further in the F.E.C. Condemnation Case we would like to be authorized to hire an additional appraisal needed for this in the F.E.C. Case, so I have a proposed resolution as follows. 110 FEB 121975 AUTHORIZE CITY ATTORNEY 7Le TO HIRE APPRAISER CITY OF MIAMI VS,F,F,C, RAILmY CIVIL ACTION 71-17071 The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 75-161 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO HIRE APPRAISERS NEEDED FOR TRIAL IN THE CASE OF CITY OF MIAMI V. FLORIDA EAST COAST RAILWAY, CIVIL ACTION NO, 71-17071; AND AUTHORLZINC: AND DIRECTING THE F NANCE DIRECTOR TO ALLOCATE AND PAY THE NECESSARY AMOUNTS INITIALLY REQUIRED FUR SAID PURPOSE FROM THE 1972 PARK AND RECREATIONAL FACILITIES BOND FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mayor Ferre. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. ''73, EXTEND CONTRACT - LnUIS LAURED!), AIDE TO THE MAYOR UNTIL 1� FEB RUARY 28, 1975 Mayor Ferre: As I rezall, Mr. Luis Laredo, much to my regret, but I think for his betterment he has accepted .a very, very good job which I think is going to be a great benefit to ca lot of the Latin Communities with F.I.U. under funding of Knight Foundation ,he is going to become a big shot, so he will no longer be around here with us, but he will not be off the payroll until the end of February. His contract ran out two weeks ago. The following motion was introduced by Commissioner Reboso , who moved its adoption: MOTION NO. 75-162 A MOTION OF INTENT TO EXTEND TEE CONTRACT BETWEEN THE CITY OF MIAMI AND LUIS LAREDO UNTIL FEBRUARY 28, 1975. Upon being seconded by Commissioner Gordon, the mot ion was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso,Mayor Ferro. NOES: None. ABSENT: Commissioner Plummer, and Rev. Gibson. 1 Li FEB 121975 ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and Seconded, the meeting was adjourned at: 7:11 OtClock P. :•l. MAURICE A. FERRE Mayor ATTEST: H. D. SOUTHERN City Clrrk I{A1,PH t; . t N; I I Assistant City Clerk towel OWED id - 96 CITY �PIS4'AMI DOCUMENT IIN MEETING DATE: February 12, 1975 ITEM NO 2 3 4 5 6 7 8 9 10 11 12 al DOCUMENT IDENTIFICATION COMMISSIOM AGENDA AND CITY CLERK REPORT ACCEPTING THE COMPLETED CONSTRUCTION OF MARKS BROTHERS COMPANY FOR JEFFERSON HIGHWAY IMPROVE MENT H-4^50 IN JEFFERSON HIGHWAY IMPROVEMENT H-4350 ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXE- CUTED BY THE VANGUARD SCHOOL ON JUNE 18, 1974. ACCEPTING THE TEMPORARY CONSTRUCTION GRANT OF EASEMENT EXECUTED BY FRANK J. KREMSER AND MARIE R. KREMSER ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXE- CUTED BY OSCELOLA ENTERPRISES, INC. AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $498.75 IN FULL AND COMPLETE SETTLE MENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS ARMANDO GUTIERREZ. AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $1,017.86 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS BURRITT, SOBERS, AND WORLEY INCORPOR- ATED. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MARGARET L. LEE. WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $139.00 IN FULL AND COM- PLETE SETTLEMENT OF ALL CLAIMS. AUTHORZING THE DIRECTOR OF FINANCE TO PAY TO JOSEPH SCALCO, JR. WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $19.50 IN FULL AND COM- PLETE SETTLEMENT OF ALL CLAIMS AGAINST THE • CITY OF MIAMI. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AMOS RAGANS WITHOUT THE ADMISSION OF LIABILITY THE SUM OF $77.58 IN FULL AND COMPLETE SETTLE- MENT OF ALL CLAIMS AGAINST THE CITY OF MIAMI AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EUGENE J. ZEMBRZUSKI WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $100,00 IN FULL AND COM- PLETE SETTLEMENT OF ALL CLAIMS, 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, COMMISSION ACTION RETRIEVAL CODE_NO. 0074 R-75-104 75-104 R-75-108 75-108 R-75-109 75-109 R-75-110 75110 R-75-111 R-75-112 R-75-113 R-75-115 R-75-116 R-75-117 R-75-118 75-111 75-112 75-113 75-115 75-116 75-117 75-118 itt4 WO 13 14 15 16 17 18 19 20 21 22 23 24 o:cuM EN'IN I EX ONTINUED c„k„„„ DOCUMENT IDENTIFICATION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO DOROTHY LEVINE AND JOSEPH LEVINE, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $1800.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE CITY OF MIAMI GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 9(1) AND ARTICLE VII, SEC- TION 3 (2) (b) . GRANTING PERMISSION AS PERVIDED IN ORDINANCE NO. 6871, ARTICLE XVIII-1, SECTION 4(1), TO CONSTRUCT NEW TENNIS COURTS WITH 12' FENCING ON LOTS 1 THRU 6, BLOCK 1, CHARLES H. PROW SUB. GRANTING A ONE YEAR EXTENSION QF THE VARIANCE GRANTED ON THE PROPERTY AT 1400 N.W. 36TH AVENUE AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO TRANSFER $2,500.00 FROM THE CONTINGENT FUND TO PROVIDE PAYMENT FOR THE REPLACEMENT OF SEALS. PLATES, AND LETTERS IDENTIFYING THE TORCH OF FRIENDSHIP AS THE JOHN F. KENNEDY MEMORIAL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT ENTERED INTO WITH THE UNIVERSITY OF MIAMI ON SEPTEMBER 10, 1974 AUTHRORIZING THE TRANSFER OF $12,591.00 FROM THE CONTINGENCY FUND TO THE FIRE DEPARTMENT'S BUDGET FOR FISCAL YEAR 197-75 AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH ROBERT DONALDSON FOR THE FOOD AND BEVERAGE CONCES- SION RIGHTS AT MANOR PARK. AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH ANGEL H. AND IDA TRETO FOR THE FOOD AND BEVERAGE CONCESSION RIGHTS AT WEST END PARK AUTHORIZING THE CITY MANAGER TO ENTER INTO A AGREEMENT WITH ARTHUR BURRICHTER TO PERFORM SPECIALIZED TRAINING SERVICES TO THE CITY OF MIAMI DEPARTMENT OF POLICE. ADOPTING IN PRINCIPLE THE CITY OF MIAMI PLAN DING DEPARTMENT STUDY ENTITLED "LITTLE RIVER COMMERCIAL CENTER PLANNING AND ZONING STUDY" ISSUING A DEVELOPMENT ORDER, APPROVING WITH MODIFICATIONS, DEVELOPMENT OF REGIONAL IM- PACT ON THE PROPOSED DEVELOPMENT BY EDWARD N. CLAUGHTON, JR, AND FRATES PROPERTIES, INC R-75-119 R-75-121 R-75-122 R-75-123 R-75-124 R-75-125 R-75-126A R-75-126 R-75-127 R-75-128 R-75-135 REVIIEVAr 11 75-119 0075 75-121 75-122 75-123 75-124 75-125 75-126A 75-126 75-127 75-128 75-135 OCUMENT1N DEX CONTINUED tD4 NO6 . DOCUMENT IDENTIFICATION CC1ifSSi6N �.- ACTION__ IrmieM _COME_ NO. 25 GRANTING APPROVAL OF THE "SPECIAL PLANNED DEVELOPMENT APPLICATION" AS PRESENTED BY EDWARD N. CLAUGHTON, JR. 26 AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO SELECT A NEWSPAPER OF GENERAL CIRCULATION IN MIAMI AND DADE COUNTY. 27 APPROVING IN PRINCIPLE A LEASE BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, DE- PARTMENT OF TRANSPORTATION FOR THE AREA UNDER- NEATH THE NORTH -SOUTH EXPRESSWAY BETWEEN S.W. 7TH AND S.W. 8TH STREET. 28 ACCEPTING THE GRANT OF EASEMENT OF APRIL 26, 1974 BY BAYVIEW ASSOCIATES, INC. FOR CERTAIN PROPERTIES IN LOT A, BLOCK 1, DUPLONT PLAZA 29 APPOINTING MS. MARIA ELENA, MRS. JAMES MOSS, TORANO TO THE INTERNATIONAL FOLK & FANNIE MAE LEEPER FESTIVAL COMMITTEE. 30 APPOINTING GERALD A. LEWIS AND THOMAS C. WASMUTH AS BOARD MEMBERS OF THE DOWNTOWN DE- VELOPMENT AUTHORITY OF THE CITY OF MIAMI 31 APPOINTING THREE INDIVIDUALS TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION 32 WAIVING 50% OF THE RENTAL FEE FOR THE USE OF THE BAYFRONT AUDITORIUM FOR MUSIC EVALUA- TION FESTIVALS TO BE PRESENTED BY DR. HOWARD DOOLIN 33 AUTHORIZING THE ISSUANCE OF WASTE COLLECTION LICENSES TO: INDUSTRIAL WASTE SERVICE, INC. AUTOMATED WASTE INDUSTRIES, INC. AND ALL FLORIDA SANITATION SERVICE, INC. 34 ACCEPTING THE BID OF ANCHOR POST PRODUCTS, INC. OF FLORIDA IN THE AMOUNT OF $52,253.83 FOR THE PARKS -BASEBALL BACKSTOPS. 35 ACCEPTING THE BID OF DECONCO, INC 36 ACCEPTING THE BIDS RECEIVED FROM ZERO BULLET CO. IN THE AMOUNT OF $9,194.20 37 ACCEPTING THE BID RECEIVED FROM FLORIDA MUNICIPAL SALES FOR A COMPRESSING TYPE INCIN- ERATOR ASH TRAILER, FOR USE BY THE SANITATION DEPARTMENT. 38 ACCEPTING THE BIDS RECEIVED FROM ALL MIAMI FIRST AID CO. DYNA MED CORPORATION, AMEDIC CORPORATION AND GENTEC FOR FURNISHING MEDICAL SUPPLIES R-75-136 R-75-137 R-75-138 R-75-139 R-75-140 R-75-141 R-75-142 R-75-143 R-75-144 R-75-145 R-75-146 ' R-75-147 R-75-148 R-75,-149 75-136 75-137 75-138 75-139 75-140 75-141 75-142 75-143 75-144 75-145 75-146 75-147 75-148 75-149 . 1 )4 NO. 39 40 41 42 43 44 45 46 47 48 48 ocu Mi NT1 N DEX CONTINUED DOCUMENT IDENTIFICATION ACCEPTING THE BIDS RECEIVED FOR FURNISHING HEAVY EQUIPMENT FOR USE BY THE SANITATION DEPARTMENT FROM GROWERS FORD TRACTOR CO. IN THE AMOUNT OF $4,550.00 AUTHORIZING THE CITY ATTORNEY TO TERMINATE, BY ANY APPROPERIATE MEANS, THAT PART OF THE CITY OF MIAMI V. PLATO COX. CIVILIZATION #74-4125 GRANTING FREE USE OF THE PARKING LC)T AT THE MARINE STADIUM FOR A CARNIVAL TO BE SPONSORED BY ST. KIERNAN'S CATHOLIC CHURCH. GIVING PERMISSION TO THE LIONS CLUB TO HOLD A CARNIVAL ON CITY -OWNED PROPERTY AT N.W. 22ND AND 11TH STREET APPOINTING FIVE MEMBERS AND TWO ALTERNATE MEMBERS TO THE ENVIRONMENTAL PRESERVATION REVIEW BOARD. WAIVING THE 18 MONTH TIME LIMIT FOR RE -APPLI- CATION FOR REZONING OF LOTS 1 THROUGH 6, BLOCK 1, LEJUENE GARDEN ESTATES. PROPOSING CONSIDERATION OF AN AMENDMENT TO THE CITY OF MIAMI COMPREHENSIVE ZONING ORDI- NANCE NO. 6871 GRANTING A VARIANCE FROM ORDINANCE NO. 6871. ARTICLE IV. SECTION 9(1), AND ARTICLE VII, SECTION 3 (2)(b). APPROPRIATING $50,000 FROM THE CAPITAL IMPROVEMENT FUNDS -UNALLOCATED FUNDS TO ESTAB- LISH A SPECIAL FUND FOR THE PURCHASE OF MA- TERIALS AND CONTRACTUAL SERVICES NECESSARY FOR CONSTRUCTING MISCELLANEOUS ALTERATIONS. AUTHORIZING THE CITY ATTORNEY TO HIRE APPRAISERS FOR TRIAL IN THE CASE OF CITY OF MATMI V. FLORIDA EAST COAST RAILWAY, CIVIL ACTION NO. 71-17071 AUTHORIZING THE CITY ATTORNEY TO HIRE AP- PRAISERS NEEDED FOR TRIAL IN THE CASE OF CITY OF MIAMI B. FLORIDA EAST COAST RAILWAY COMMISSI ACTION N R-75-150 R-75-151 R-75-152 R-75-153 R-75-154 R-75-155 R-75-156 R-75-157 R-75-160 R-75-161 R-75-161 A.Ont NOI wiiiimium 75-150 75-151 75-152 75-153 75-154 75-155 75-156 75-157 75-160 75-161 75-161