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HomeMy WebLinkAboutCC 1975-03-25 MinutesI Nl:UitATE') 18b.96 ISSION INUTES OF MEETING HELD ON MARCH 25, 1975 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. A, SOUTHERN CITY CLERK RALPH G , ONG I E ASSLSTANT CITY CLERK s tax CC-PCSSIMIRRti14 SICT �ntw�rc� °�o, SOLttI 1 UN PACE NO. 1. CHANGE OF ZONING - COCONUT GROVE- Phase II 2. WORK RELEASE CENTER-7251 N.E. 3 AVENUE LOT 5, BLOCK 6, DIXIE HIGHWAY PARK 3. CHANGE OF ZONING CLASSIFICATION - LOTS 1 thru 6 BLOCK 1-LE JEUNE GARDEN ESTATES 4. DENY CONDITIONAL USE TO MONTMARTE RESTAURANT FOR OPERATION AS A SUPPER CLUB 5. PERSONAL APPEARANCE-REP.E.STONE & ASSOCIATES CONCEPTUAL PLAN FOR BAYFRONT PARK REDEVELOP. 6. CHANGE ZONING CLASSIFICATION LOT 7,8,9 SNIPES SUB. FOR PUBLIC PARK (ALSO DEFER SITE DEVELOPMENT PLAN) 7. PROCLAMATIONS,PLAQUES, CERT.OF APPRECIATION 8. BIKE PATH DISCUSSION Velladrome DISCUSSION BOY SCOUTS AT LUMMUS PARK DISCUSSION 9. ORDERING RESOLUTION-SAN MARCO HIGHWAY IMPROVEMENT H-4368 10. ACCEPT COVENANT - BRICKELL BAY CLUB 11. ACCEPT COMPLETED WORK -COCONUT GROVE MARINA MODIFICATIONS - 1974 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. ESTABLISH ANNUAL LOCKER AND PERMIT FEE FOR ADULTS -TENNIS FACILITIES HENDERSON - MOORE PARKS .� ESTABLISH FEES- HENDERSON AND MOORE PARKS RAISE ADULT FEES FOR NON RESIDENTS ESTABLISH RENTAL FEES- USE OF JAPANESE GARDEN AT WATSON PARK IMPLEMENT 6 MONTH PILOT SUMMER MEMBERSHIP CITY OF MIAMI GOLF COURSES CLAIM SETTLEMENT - SHARON WILLITS AMEND SECTION 39-24 OF THE CODE INCREASE FEE -SEASON PERMITS FOR PARKING OF AUTOMOBILES- ORANGE BOWL STADIUM PERMIT PUBLIC ACCESS TO TRAILER BOAT STORAGE FACILITIES- MARINE STADIUM IMPOSING A FEE OF $30.00 ETC. PUBLIC HEARING - DOWNTOWN ZONING STUDY 1973=== 1985 SEMI ANNUAL PUBLIC HEARING -CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY - CABS ETC.. PERSONAL APPEARANCE - JACK EISENBERS BIG 10 TAXI ASSN.GEOGRAPHY TESTING FIRST READING 51==13 RES-75-265 14=16 FIRST READING 16=,19 MOTION 75-266 20=21 DISCUSSION 21=27 FIRST READING 28=39 40 41=43 RES.75-267 44 RES.75-268 44 RES.75-269 44 ORD. 8377 45 ORD. 8378 45 ORD. 8379 46 ORD. 8380 46 RES. 75-270 147 F,ZRST • - READING 47 RES.75-271 148 MOTION 75.272 RE$.75-273 171 DISCUSSION 49==70 1==73 1itl W. 1 1Nit( isiMAMEIA SUBJECT FINANCE OR SOLUTION No. PAGE NO, 22. 23. 24. 25. 26. 27. 28- 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40, 41, 42. PERSONAL APPEARANCE - MELVIN J. ADAMS-H.U.D. REP: PROPERTY ACQUIRED BUT NOT DEVELOPED POLICE ACADEMY DISCUSSION CLOSE PORTION OF N.W. 7 ST & S.RIVER DRIVE WAIVE RENTAL FEE -MARINE STADIUM MIAMI ROWING CLUB JUL 1975 WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM COUNTYWIDE SENIOR CITIZENS CELEBRATION APPOINTMENTS TO MAYORS COMMITTEE ON BUDGETARY PROCEDURES APPOINT ADDITIONAL MEMBERS INTERNATIONAL FOLK FESTIVAL COMMITTEE RAPID TRANSIT PROGRAM ACCEPT RECOMMENDATIONS EMBRACED IN CITY MANAGERS MEMORANDUM FREE USE OF GULFSTREAM ROOM-3AYFRONT PARK AUDITORIUM- DADE BUSINESS & PROFESSIONAL WOMENS CLUB INC. MINORITY BANK DEPOSITS - ACCEPTING RECOMMENDATIONS OF THE CITY MANAGER FREE USE OF MARINE STADIUM MARINE COUNCIL OF GREATER MIAMI JUNE 7,1975 FREE USE - BAYFRONT PARK BANDSHELL EASTER SUNRISE SERVICES WAIVE RENTAL FEE - MIAMI BASEBALL STADIUM LA SALLE HIGH SCHOOL APPOINTMENT OF ALTERNATE MEMBERS INTER CITY RIVER BOARD APPOINT ADDITIONAL MEMBERS CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION AUTHORIZE PAYMENT, RENTAL OF BULLDOZER EQUIPMENT AMEND APPROPRIATIONS ORDINANCE APPROPRIATE $19,000 -DINNER KEY AUDITORIUM AWARD BID - ORANGE BOWL PLAYGROUNT DEV.1975 AWARD BID - CUT,HAUL APPROX 3000 CO.PALMS AWARD BID - FENCE FOR MARINE STADIUM DRY BOAT STORAGE $9,900. APPROP.TO COVER COSTS AWARD 3ID - 6 TRUCKS FOR SANITATION DEPT. DISCUSSION DISCUSSION RES.75-274 MOT.75-275 RES.75-276 MOT.75-277 RES.75-278 73==74 75==80 81 82==85 86 86 87 MOT.75-279 1 88==98 RES.75-280 MOT.75-281 RES.75-282 RES.75-283 MOT.75-284 RES.75-285 RES.75-286 RES.75-287 FIRST READING': RES. 75-288 RES.75-289 RES.75-290 FIRST READ. RES.75-291 98 99==102 103 103 104 104 104 105 105 105 106 106 107 107 ITEM At tax c14'seuTisgPMEnatu4 SUBJECT INANCE 011 SOLUTION NOi PACE NO, 43, 44, 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58, 59. 60, ACCEPT BID - FASHION SANITARY SEWER IMPROVEMENT SR-5402-C CENTERLINE SEWER DISCUSSION - CONDEMNATION OF 4 PARCEL3 F.E.C. case 71-17071 PROPOSED INJUNCTION- F.C.C. TRAILER FERRY INC. - ENJOIN EXPANSION OF NON -CONFORMING USE OF P. AND O. PROPERTIES APPROVE PROPOSALS FOR REDEVELOPMENT OF BAYFRONT PARK PER PLAN OF EDW.D.STONE ASSOC. PURCHASE LOT 16, BLOCK 1 AVOCADO PARK AMENDED (S.W. 8 STREET) PROPOSED MINI PARK SITE CITY/COUNTY/H.U.D. TO PROVIDE ADMINISTRATIVE WORK - AFRICAN SQUARE CONDEMNATION CASE ACQUISITIONS/PROCESS APPRAISALS AND RELOCATE TENANTS PREPARED RESOLUTION -DENY CON`)ITIONAL USE TO MONTMARTRE RESTAURANT FOR CC ITINUED OPERATION AS A SUPPER CLUB APPOINT VICE MAYOR PLUMMER AND COMMISSIONER ROSE GORDON AS MEMBERS OF THE CITY OF MIAMI GENERAL EMPLOYEES RETIREMENT BOARD PLAN EXPRESS APPRECIATION- MR. ANDRESS SEGOVIA FOR DONATION TO CULTUFAL EVENTS CONDOLENCES - DEATII OF MR. THOMAS WASMUTH DISCUSSION ITEMS- SIGN REQUEST OF ST. MICIHAELS CHURCH ALSO BANYAN TREES ON CORAL WAY MOTION OF INTENT DESIGNATE ENTRANCE TO SEAPORT TO MEMORY OF MR. THOMAS WASMUTH DISCUSSION OF CHANGE OF SECOND COMMISSION MEETING DURING THE MONTH OF APRIL APPROVE RULES OF FORTHCOMING RETIREMENT BOARD PLAN ELECTION EXECUTE AGREEMENT - CONSULTANT SERVICES FOR AFRICAN SQUARE LEGISLATIVE PRIORITIES 1975 REAFFIRM PREVIOUS POSITION EQUAL RIGHTS AMENDMENT ACCEPT TOTAL PACKAGE OF CITY MANAGER'S RECOMMENDATIONS FOR LEGISLATIVE PRIORITIES RES.75-292 RES.75-293 MOT.75-294 RES.75-295 RES.75-296 RES.75-297 RES.75-298 RES.75-299 RES.75-300 MOT.75-301 MOT.75-302 DISCUSSION RES.75-303 RES.75-304 MOT,75-305 MOT, 75-306 108 108==110 110==111 111==113 114 114 115 115 116 116 117 118 118 118 119 119-129 130 130 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA ****.#*** ON THE 25TH DAY OF MARCH, THE CITY CCMMISSIOQN OF MIAMI, RI A M T AT ITS REGULAR MEETItMG PLACE IN THE LITY HALL, 3 uO 1AN MERICAN DRIVE,. MIAMI, bLORIDA IN REGULAR SESSION, THE MEETING WAS CALLED TO ORDER AT 9:03 O'CLocK A.M. BY MAYOR MAURICE A. FERRE WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO E PRESENT: LQMMISSIONER M NOLO REBOSO LOMMISSIQ"ER O E GORDON COMMISSIONER (REV. HEODORE GIBSON VIC MAYO J, L, LU�jjMER, JR. MiAYOR IAURICE A. 1-EIRE P W, ANDREWS, CITY MANAGER P► Pi ASSISTANT CITY MANAGER JOHN , LLOYD, LIP T ORNEY H D SOUTHERN, LITY LERK RALPH b, UNGIE, ASSISTANT ITY CLERK An invocation was detivened by Revenend Gibson who then ted those pees ent in a pF edg e o 6 atteg.ianee to .the gag. A motion .to waive the Reading o 4 the minutes was .in.noduced and seconded and waa passed unanimously. 1. CHANGE OF ZONING - COCONUT GROVE - PHASE I I ► Mayor Ferre: Are there any objectors present? At this time I'll recognize Mr. Calhoun and then I'll recognize you, sir. ALSO PRESENT: A. Mr. Acton: Mr. Mayor, very briefly this is Phase II of the Coconut Grove Study. Mayor Ferre: Do you wnt to make a presentation? Mr. Acton: Very simply, so the commission understands, this is a part of the Coconut Grove Study identified as Phase II. It is that part of the Grove that basically lies west of Mc Donald. Mr. Plummer: Is that the designation of Phase II? Mr. Acton: Right.. Mr. Plummer: Is it a phasetation? Mr. Acton: Yes. It is a location in the Coconut Grove Study area. Mr. Plummer: What is the western perimeter? Mr. Acton: The city limit line, and Mc Donald Street. Mr. Plummer: Ok, Dixie Highway and the bay on the other. Mr. Acton: And the areas that are proposed for a change of zoning are identified on that map in color. What we've done there is to show the existing zoning and those areas that are supposed to be changed in zoning are identified in color such as the C-2 identified in red along Grand Avenue and Mc Donald is recommended for a change of C-2I. The area that lies directly north of that in the beige color presently is zoned C-2 and it is recommended that it be rolled back to R-2. I just want the commission to be aware... Mr. Plummer: That's on Douglas Road. Mr, Acton: That's on Douglas Road. Now these maps are in your agenda fodder, Mep© q *fir MAR 25 19 5 There are two of them to identify the recommended zoning changes. Mr. Pluft er: George, a question. Why would you recotitmend any change on that area in the beige where 99% of it is occupied with an R-d use? Mr Acton: Those are basically apartment uses now and they're slated for acquisition and demolition under the Community development Act and a change to low density residential use in accordance with the recommendations Of the Community Development Act Task Force anc also the NDP Task Force who have worked in that area for the last 5 year:. Mr. Plummer: I understand and I'm glad of that. Now let me ask this quest= ion because let me tell you something, I just had it at Bird Road out here, they tried to give me a tax reduction a:;i I .-ouldn't figure out why in the hell they were trying to give me a tax reduction. You know why? They were getting ready to acquire part of my property. Now George, I'm not going to be placed in a position if this commission is doing something to someone what I just had to fight to stop from being done to me. Now are we in fact reducing that zoning and are we putting the owners of that property in jeopardy from negotiation with the county? Mr. Acton: No, in terms of... Mr. Plummer: value. Mr. Acton: No, it is my understanding the answer is no. Mr. Plummer: Well, I want that answered definitely because let me tell you, as much as I would love to see those apartments out of there and see R-2 in there, let me tell you old buddy, they bought that property under one situation and they're going to sell it under the same situation if I've got anything to do with it. What I'm saying to you, I'm not going to accomodate H.U.D. or anybody else in a flim-flam just so they can acquire that property at a cheaper price. So let's understand each other. Mr. Acton: We agree with you. Rev. Gibson: Mr. Mayor, I want to do the usual Gibson Act. For 29 years I've seen this replayed day after day, year If.ter year. Twenty-nine years ago I came to the Grove and all. of that property ci Grand AVenue by and large was never zoned anything but warehouses. Elizabeth Verrick and I worked like a dog and came near losing our lives in the shuffle. You Rouldn't know that, Mr. Acton. All that incinerator business, never forget what the folk down here did us. Man, it was painful. The bishop from Massachussettes was with me all last week. I said to him, "Bishop, one of these days I'm going to write a book and tell about the different changes, the game playing that went on out in Coconut Grove." It pains me, it kind of pains me. But I'm going to wait until you get through because I want to really see what happens. Now some of those guys when we fought like hell to keep apartments out of there, I'm not going to call any names they just had a little more weight with the people down here than we had even though we were living there; you know man it's going to be like hell around here when you start doing some of the things to that property out there that I think you all want to do. I'm talking about H.U.D. as well...and I'm going to give it to them because I maintain good zoning is good zoning and what's wrong, the reason we have ghettos is because the people who sit down don't maintain no doggone good zoning for black folk. Do you understand? I want everybody to understand the attitude, temperment and disposition Gibson has today. Ok. I'm concerned about what is going to happen on Thomas; I'm really concerned, I've mentioned that to Rose. Ok, let's go. Mr, Acton: Very simply Commissioner Gibson, this does reflect the objectives set forth by the task force working both under NDP and the Community Develop- ment Act in terms of good land use and also in terms of reflecting that proposed land use by proper zoning. What we're trying to do and as you know, is to re- duce the density along Douglas Avenue north of Grand Avenue by putting in low density R-2 zoning. And as you also know that tract of land that lies along Douglas Avenue that's owned by H.U.D. is slated for low density multi -family development housing for the elderly. Mrs. Gordon; George, I'm going to ask you to ask Jack or somebody to use a pointer on the map; when you're speaking of this avenue and that avenue and Changing this to that, point it out if you won't mind. 2 MAR 251975 Mt. Acton: The tract of land that is slated for development by H.0,b, for housing for the elderly along Douglas Avenue and Dixie Highway, 1 mean Douglas Road, I beg your pardon,.. Mt Plummer: That's the old Louel:.?n property. Mt Acton: That's correct and that has been changed to R-3. The area that presently is zoned R-4 and t-2 that lies south of that tract of land is proposed for a change of zoning to low density residential or R-2 and those apartments when they are acquired will be redeveloped in a low density residential develop- ment similar to the development that is presently proposed in a planned common- ity development nature along Percival and Oak. Jack? That is shortly going to be redeveloped low density. but that entire area is slated for redevelopment, low intensity residential uses. Mrs. Gordon: Presently zoned R-4? Mr. Acton: R-4 and C-2; it is zoned R-4 on the east side and C-2 on the west side even though it is developed for apartment use. Mrs. Gordon: You want to roll it back to R-2. Is that what you're saying? Mr. Acton: That's correct, to reflect again the land use plan that was evolved from working with the task forces over the past 5 years. Rev. Gibson: Let me ask a question because it is 1 little hazy to me. H.U.D. came in here about a month or two ago asking us for a change of zoning or var- iance, one or the other so that they could develop that land. Is that right? Mr. Acton: That's correct. Rev. Gibson: All right. You know what disturbs me? It would have been much better to have changed all of the doggone zoning one time than to come do what I think we're going to be doing now. It troubles me. Maybe you need to educate me. Mr. Acton: Well, except that they could not buill that development under the then existing zoning which I believe was industri,.l so it had to be changed tc accomodate the proposed residential development. What we did is to, the depart- ment took a look at the proposed zoning as outlined in the Planning Study for Coconut Grove and then recommended that zoning be applied to that property in advance of the time that we knew that we'd come along with the recommended change for all of...Coconut Grove. Rev. Gibson: Ok, let me ask you this. _.I remember vaguely, my memory is as short as my hair now, you talking about an ac,7u1, how many stories? I don't understand R-2, R-3 you know, sometimes and maybe Conveniently. You see, what I'm trying to tell the commission is that we gave H.U.D. an ok to build some 5,6,7,8,9 story building. Isn't that right? On one of those pieces of land which is directly opposed, in opposition to the attitude of the people in Coconut Grove. Now I know, you know I know what you're going tell me about that task force jazz, I'm not going to buy that either. And what I don't understaad is why didn't you just go ahead and put it in and change the zoning once and for all rathedr than... Mrs. Gordon: Which piece is Father Gibson referring to, Mr. Acton? Mr. Acton: He's talking about the Louellen? property on Douglas Road. Mrs. Gordon: It is zoned to go highrise? It's not, it's zoned R-3. Mr. Acton: It's medium rise, six stories... Six story housing for the elderly but the density is extremely low. The density, I believe , I've forgotten the exact number, it's about an R-3A density - about 20 units per acre. In other words the density as far as the Planning Department is concerned is the key issue in that area of Coconut Grove for a very... Mr, Plummer; Let me tell you something, my friend, I think you're wrong. Ok? And I'm going to aly them out. Gibson, let me tell you something, I couldn't think of a worse place to put a living unit than on Dixie Highway, backing up to Dixie Highway. Now this is no truck with you, George but let me tell you something, When you take and you put low income housing, any kind of housing when you back it up to Dixie Highway my friend, I couldn't think of a worse sit= uation in the world and that's what they've done there and as far as I'm concerned they ought to turn it into something but it shouldn't be housing, Those poor MAR 2 51975 People that live behind me, Gecrge, in a single family residence live in con, stant fear of people coming Cirough their living roost. If you went down 'Dixie Highway and saw some of those barricades they put up to keep cars out of their living room I can't understand for the life of me anybody that would want, sure they've got these poor people by the throats - you live where we tell you or else, But Dixie Highway in my estimation is the worst place that you could put liVinc accomodations. Rev. Gibson: J.L., let me tell. You see, one advantage of having Me here is I don't live in Calder Lakes, is that where it is, you know I don't 1iVe out there. I live right in it. Ok? Coral Gables is fighting like hell to get those apartment houses off of Dixie Highway. Did you know that? Tell the commission. Mr. Acton: I know that they have been... Rev. Gibson: Trying like hell to get them off and they would be delighted to turn all of that land into some park areas because they have had untold numbers of problems. When we begged them not to let them apartments go over there again Coral Gables did us what Miami did us. You know the developers, the speculators were there, they were down here with the pressure and we got all go on Dixie High- way, my brother and those apartments there are a disgrace to this city. Let me say one other thing and I'm going to hush my mouth because I can't vote. I've got my prejudices already. Ok. Look, 41 Highway is perhaps the living room of this city. Some people will never see anymore of the city other than #1 Highway. And I want to tell you this: The density out there and all that, I don't know what you call it, but all of those people on that highway just doesn't make a good thing for us. Now Coral Gables is solving theirs another way. Coral Gables is going over in Golden Gates and they're going to become fashionable now after all these years they act as if they didn't have no black folk in Coral Gables. I don't know if you knew that. So they give them a swanky development over in Golden Gate even changing the facade of the school. Did you know that? You ought to. Tell the commission. Ok. Than over there, we're too sophisticated; I'm talking about we, I'm talking about .tiami. And Mr. Mayor, it may be a good time for you to raise the question that you raised earlier. Coral Gables might well ought to come to the other point. Maybe we ought to swap with Coral Gables up there on Douglas Road over against there in Golden Gate. Mayor Ferre: Well, the Manager is discussing that with Coral Gables and I would hope that you'd come back with some kind of a report fairly soon. Mr. Plummer: They came back to you? I've already been to them. I discussed it with Mayor Knight and Bob Brake. Mayor Ferre: That's the way it should be, J. L., I've talked to Bob Knight about it too but this is something... Mr. Plummer: Well I just don't want any impression getting up that I'm trying to deal with the Mayor and he's in the back door trying to deal with somebody else. Mayor Ferre: NO. I think the appropriate way of doing ... Is for the Manager to talk to their manager and then eventually we can get into the discussions with the commission. Mike, we're talking about squaring off, for years we've had this part of this community that goes into Coral Gables and they've really been sort of step children and what we're trying to do is maybe square off some of these boundaries which I think is long overdue. Go on, Mr. Acton because we're running out of time. Mr. Acton: That pretty well concludes my presentation, Mr. Mayor. Mr. Mike Calhoun: Mr. Mayor, let me go back for the record just a moment. When I appeared before the Planning Board on this matter my remarks confinded strictly to property fronting on U.S. #1. I am not against the Coconut Grove Plan, I'm all for it. I think overall I'm generally in agreement with Mr, Acton and his staff. I am not being compensated for appearing here; I'm appearing primarily because I own some property north of this which is in the next phase which I feel is similar in nature which comes up in two weeks but it has been sold so actually I have no interest in that either, financially, But during this course of debate at the Planning Board it became evident that the staff is sincerely trying to reduce density on #1 but they are hamstrung with present City of Miami Zoning Laws which permit more residential density under a com= mercial zoning than it does in an apartment zoning. Now the owners of commercial property, most of them that I know quite frankly don't want to build apartments. MAR 251975 They'd rather Wait, and you can put setbacks on them and you can tetttict theM its certain ways. As A mattes of fact, your R-C zoning is one of the finest zoning§ we have. But R=C permits mote density apartments than your 11Y4 which is really not a good situation. Mayor tette: What are you recoflmending Mike, that We come up with a new... Mr. Calhoun: Specifically I'm here today, the reason I digress a little bit, I'tn here today on this hotshot property. I hate to see an injustice dope to a piece of property that goodness knows every injustice we can think of to man has already been done. And now it looks like it is just coming out of the woods and we can get something nice on it. On this piece of property years ago when Mrs. Wainwright was here we settled the zoning we thought by zigzagging it to give the proper depth off U.S. 1. This property was formerly 5 or 6 or 7 pieces of property that I put together years ago for the owner who's here today and he leased it to hotshot and thereupon they got into a.lawsuit and they're not there anymore. But this is a small piece of C-1 property, about 3 lots. It is less than i0 feet from U.S. 1 and right in the middle of the hotshot property. Now staff wants to change this zoning to R-2 because they claim it's on a resi- dential street. Actually it is right smack in front of Culligan Water Softener. In other words it zigzags because #1 runs on an angle. Now not only would you be thoroughly destroying this hotshot piece of property from ever being develop- ed as a unit on a nice large piece of property by forcing an owner theoretically to some day build a duplex on three lots; all you've got to do is look at what's over there now and you can see the problem. Not only should the neighborhood be upset that you're causing a man to put residential density on a piece of property like that, I don't think that is really solving their problem. I respect their argument, I know they're stuck with a zoning code - they have to go a certain way. But I don't think in this specific instance without getting in a theoretical debate on it that you're really doing any good. Aside from the financial hard- ship I could think of nothing worse than covering that property with duplexes. Back down the street is zoned duplex, there are no streets running crosswise in there. That's a real long block and I would hate to see this 71,000 square feet therea outs disrupted and zigzagged when se went to all the trouble to get it into one piece when Mrs. Wainwright was here and what have you. I don't know if any of you were here or not but they zigzagged this zoning. Now the owner has indicated to me he doesn't mind signing a document that he restrict resi- dential construction period. He doesn't want it. I sincerely belive, Mr. Mayor, that if we want to lower the density on U.S. 1 let's change tha zoning code, not the zoning perse. I don't think that you're accomplishing what they want to accomplish by forcing a man to build an apartment house or euplex or whatever you want to call it as coverage when he now has commercial zoning. If you want to have setbacks and cause him not to build his building too close to the admoining duplex, beautiful. I mean that's good zoning. But let's don't change that zoning and cause him tD get in a court right and go through all of this rigamarole because I don't tnink it is doing any of us any good. Mayor Ferre: Mr. Acton, do you want to respond and then I'll see what the com- mssion... Mr. Acton: Mr. Calhoun is talking about two parcels of land only in Phase II. He's talking about 2 parcels of land. Mayor Ferre: Well now it says C-1 there. Mr. Plummer: Well Jack, that can't be it because that property goes right to Dixie. Mr. Acton: I just wanted to point out that we're talking about 2 lots, actually. Mr. Plummer: Doesn't that zoning go right to Dixie? Mayor Ferre: No. That's the problem. Mr. Plummer; It is C-4 in the front and C-1 in the back. Mr. Acton; That's right, two parcels of land that are presently used for off- street parking. Now the situation is radically different as it relates to land use west of McDonald and east of McDonald. West of McDonald it's liberal com- mercial zoning and it has those type of uses. But I say east of McDonald in Phase II you'll be looking at mainly a medium rise structures and the street pattern is very different than exists west of McDonald. West of McDonald those streets are developed low density either single family or duplex and they empty directly into U.S. 1, MAR 251975 11AUDIRI M. Acton: Right, it's used for off=street parking. INAUbtB% t Mrs. Gordon: Is the hotshot property zigzagged the way it appears to on that Mr. Acton: No. Those C-1 lots are presently used for off-street parking pur's poses only. The hotshot restaurant is developed on the C-4 lot. Mayor Ferre: Let's speak right to the point, Mr. Acton. Are you opposed or Would the Planning Department accept whet Mr. Calhoun is recommending? Mr. Acton: We don't object to that use of those lots as off-street parking for that use. We see it as a buffer between the low density R-2 and R-1 Bevel= opment south but we believe that when you change it to allow C-1 development On those lots that are used for off-street parking now it does allow the intrusion of retail uses right directly, next door the same problem that commissioner Plummer was talking about earlier Mayor Ferre: I'm trying to get to the solution, what is the solution? Mr. Calhoun: The solution is very simple. Do not do anything official that's going to cause a lot of complications on this property. What you could do is rezone this entire property subject to a plot use plan so that no matter what it is used for in the future, we don't know that it's going to be used for a restaurant restaurants weren't too successful there. Rezone that property com- mercial subject to a plot use plan and anybody has to come before this commis- sion and show them what they're going to do with the proper setbacks the proper uses. That would be one easy solution. But to have all of this zigzag zoning through there to accomplish it in fact will cause residential construction to be built on there someday. This is the problem. Mrs. Gordon: I understand waht you're saying is that there is a large parcel which lends itself to a nice development but if you roll it back it is going to present unique problems. However, you understand the reason for the wanting to roll back so I think perhaps the owners :ould freely and willingly put them- selves on some deed restrictions with regard to the aspects and still retain this present zoning and accomplish what Mr. Acton is trying to say needs to be done - the buffering. And it could be done by deed restriction. Mr. Calhoun: Well, we don't mind buffering it with commercial but let's not buffer it with residential. I think this is what he'd be willing to do. Mrs. Gordon: What you said before was that the owners were willing to make their own restrictions by, and I assume you meant deed restriction. Did you? Mr. Calhoun: He's here, I'd like to let him speak to that. Mayor Ferre: Your name and address for the record. Mr. Horace J. Donnelly, Jr.: A couple of you know my name so I'll give it to those who are not familiar with me. My name is Horace J. Donnelly, Jr. I'm a resident of Coral Gables, Florida. Because this has turned into an adversary proceding that is as far as the Planning Board is concerned I feel that I should give you something of my background and the reasons we are on that land. I'm a lawyer from Washington. I am a retired Captain in the United States Naval Reserve and I'm proud to my American heritage which goes back to the founding of this country and I'm disturbed when I see efforts to destroy and take away things that people have done here for the benefit of the community at large and possibly putting a few dollars of profit in the pocket. We are not speculators - we are developers. This isn't the only develop we have and I'm against the advice of soberer minds, I decided to appear here in person rather than have my local counsel appear here. Calhoun has voluntarily come here be- cause he sees the danger that is likely to happen here because he put this site together for me over 14 years ago. Now, we have no intention, we don't deal in small apartment houses I wouldn't touch a small ten or twelve apartment unit on that 10,000 square feet of ground. I don't think anybody in their right mind would do it. I'm talking about the three lots that they want now to turn into residential-2 from the C-1. I'm perfectly willing to restrict the property to commercial use which is the only thing we're interested in. I'm not interested in building multiple housing on that Dixie Highway frontage. ThiS part of that 6 MAR 251975 that tract, if you'll look at your map again you'll see that we have a solid rectangle. It goes back ovei 300 feet on Hibiscus and across to CCattet. Mayor Ferre: Captain Donnelly, excuse me for interrupting you but we really have to Move along and what I want to do is tauter than repeat, and I think we all understand the problem, I'd like to see if we can find a solutions for it because that's really what you want and that's what I'd like to see if it's posa. sible. Mr, Donnelly: I think Mrs. Gordon has an excellent idea, it sits right with Me. I'm more than happy to do everything I can to expand it, We went in this thing 15 years ago with a sizeable investment as you probably know ... Mayor Ferree Let's see then if we can repeat then Mrs. Gordon's idea and then we can move along. Mrs. Gordon: May I suggest perhaps in this particular parcel that the Planning Department and ... The problems I think can be resolved by deed restrictions and probably our Law Department would have to come into the picture. Mr. Acton: I was going to suggest, Mr. Mayor and members of the commission that the solution might be to move that line down and split those two existing lots. In other words move the C-4 line down one. Now as the commission knows you can use R-2 for adjacent residential property for conditional use off-s:reet parking and that way you could still get the one lot buffer to any C-4 use .:hat might go... Mayor Ferre: All right, Captain, does that seem reasonable to you? Mr. Donnelly: No, it doesn't, sir because the gentleman is mistaken in his analysis. There are three lots involved and they would definitely cut off part of the access to the main property. The gentleman probably has not read his correspondence because I submitted a letter in which I have... Mayor Ferre: ... I think Mrs. Gordon's recommendation is at this point that the department meet with captain Donnelly and discuss this and come back if they can with a solution and if not we'll have to take it up at a future time. Now, Mr. Plummer. Mr. Plummer: The only question wanted to ask, George, what about the transit- ional use? Mr. Acton: ...C-4 would go to R-CA. Mr. Plummmer: What about from a C-1? Mr. Acton: Same. Mr. Plummer: Adjacent property is :-4 an,i ... Mr. Acton: No, the R-2 would go to R-CA. The adjacent residential would go to R-CA. In other words one lot adjacent to the commercial zone. Mayor Ferre: All right, thank you very much, captain donnelly, we're going to leave it that way and let's go on to the next speaker. Mrs. Gordon: What was the procedure then, the Law Department and... Mayor Ferre: Is that we're going to follow your recommendation. Mrs. Gordon: Mr. Acton, Captain Donnelly will all sit down and try to find a harmonious solution. Mayor Ferre: All right. Your name and address for the record. Mr, John Mc Nutt: My name is John Mc Nutt, I have an office in the DuPont Build- ing in Miami, Florida. I'm here representing Mr. N.R. Field and Janet Knotts Field, his wife who are the owners of the several lots being 5 through 13 in Block of the Royal Gardens and also lot 12 Block 1 of Royal Gardens, if Mr. Luft could just point out those lots over there for you. These lots are on the, I suppose you would say the north side of Franklin Avenue. If you will look on Franklin Avenue and if you can identify that and then find the R-1 zon ng classification, these lots are roughly the area just above R-3 to the north side of Franklin. He's pointing to the south side. Now that's correct, that's one lot right there MAR 2 5 1975 where he has his pencil, that's where a duplex is. Then go on down to the West, It is those lots right along there north of Franklin Avenue. Yes, sir, across the street from the church property. Rev. Gibson: The church is here and he's over there. That's the project. Mr. Plummer: The project or next to the project? Rev. Gibson: They own the project. Mr. McNutt: This is the project; this is the H.U.D. project. There is presently located eight four -unit apartments in that area right now. This is the area that we're speaking about. Mrs. Gordon: Mr. Acton, what is the recommendation you're making on that? Mr. Acton: A roll back to R-1. Mayor Ferree R-3 now? Mr. Acton: Well, just one area is P-3. Mayor Ferre: Well specifically, is his land R-3 or R-1? Mr. Acton: ...It's R-2 and R-3, Mr. Mayor and we're recommending a roll back to R-1 for all of that area but we did intend to bring up the fact that you know H.U.D. does have at least one project that I know of that has been worked on now for some years that the commission should give or modify in their resolution to allow H.U.D. to go in and develop them. Mr. Plummer: Under an R-1? Mr. Acton: What I'm saying is that they have worked in it for quite some time, the density is between R-1 and R-2 but a substantial amount of work has gone into the development of those properties. Mr. Plummer: Isn't the east end of that yellow, George, the Charter Steak House? Mrs. Gordon: Point out the property you just referred to. Is that it? Are you saying to leave a spot of zoning there? Mr. Acton: No, what I'm saying is to alloo. H.U.D. to develop those, there is one development in there I know of that they've worked on now for some three or four years that as a matter of fact the department developed the Patio Townhouse Development in the R-2 zone to accomodate that kind of development. Mrs. Gordon: Then why are you recommending R-1? Mr. Acton: We're recommending an R-1 for the entire area so it's uniform and any development in the future that does go in there should be R-1. What I'm saying is that H.U.D. has worked with that area for a number of years and they have a development that the density is between R-1 and R-2. It is buffered all the way around and should be allowed... Mrs. Gordon: You mean the existing development. Mx. Acton: No, it is proposed. Mrs. Gordon: Contemplated, alright. Mr. Acton; The property has been sold, I believe to the Model Cities Development Corporation... Rev. Gibson; Mr. Mayor, what they're recommending there makes sense because there isn't anything that looks like an apartment anywhere in that area other than piece of land there. And we fought like hell to keep it from going there and we didn't have enough influence. Right And I want everybody to go look and see that how in the world those apartments got there is a mystery. I mean Coconut Grove with all they say about us, you know, we fought to keep it out but we couldn't keep it out, my brother and I want you to know that's what the story is. M. Plummer: That's one of the combat zones, MAR Z 1975 Rev, Gibson: Right, and the convent does back oh litterally up to it. Mt. McNutt: I had the opportunity yesterday to g down and check softie of the old City of Miami zoning atlases and I found an ietetesting thing here as long as we're talking about combat zones. The old zoning atlas in 1o37 shows that this area was zoned R-4, not R-2. Then in 1946 the City's Zoning Atlas was changed and it was R-2 at that time. It was R-2 again in the 152 zoning atlas it was R-2 again in '61 so it has been R-2 for some period of time since ptior to 1948 and prior to that time it was R-4. Mr. Plummer: When was it built? Mr. McNutt.: The buildings were erected in 1948, CBS construction, eight four unit apartments. Mr. Plummer: Was: that prior to the change of zoning or after the change of zoning? Mr. McNutt: I think that was erected after the change of zoning. So the buildings were actually erected in the area after it was reduced from R-4 to R-2. Now being erected in 1948 would give them a useful of 40 to 45 years. In 1968 the owners spent approximately 55-60 thousand dollars to completely remodel these buildings and they put in a tremendous amount of things and practically rebuilt those apartments which would give them quite an additional lifespan as far as the usability is concerned. The leased them to N.U.D. in 1968 on a three year basis and at the present time the properties are all leased to H.U.D. on a three year lease which is automatically renewable each three years up until 1984. And we submit to you that the zoning should not be disturbed at this point. I've done a little bit of research, not very much in the case law but this is just some general language to the effect that a land owner will not be required to sacrifice his rights absent of substantial need for restrictions in the interest of public, health, morals, safety or welfare. If zoning restriction exceeds bounds of necessity for public welfare restriction must be stricken as an uncon- stitutional invasion of public right. If there is some need here shown or some reason for public health or morals or welfare to roll it back that's one thing but T just don't know of any problems in that particular area arising out of those apartments. Mr. Plummer: What is your concern? It's there, it will remain there, why are you concerned in the change of zoning? You're grandfathered as far as you don't change that. use. Mr. McNutt: What's going to happen when the apartments have to be torn down and something else erected? Mr. Plummer: You're going to build single family residences. Mr. McNutt: That's why I'm here today. Rev. Gibson: Maybe we ought to say the other thing. So let me ask and say this: Nobody was really concerned at the position. Sege, I remember when H.U.D. took you off the hook. 1 remember that, the rest of you don't know that. H.U.D. took them off the hook by leasing, you know. Road all of that into the record. And the other part cf the story is it would be to the welfare of this community if and when the a area is returned to .: more, well put it the other way; where the density isn't as great as. Let me say something, I'm concerned about relationships of people. We went through hell and damnation when you all built those apartments there. Right on, Gibson! Mr. Plummer: Mr. McNutt, let me ask you a question and 1 don't mean to seem humorous with your property, but sir, won't you admit that that particular project is totally out of character with the rest of the neighborhood? Rev. Gibson: !)oggone right. Mr. McNutt: I haven't studied the entire area, I think there are some other apartments down there and 1 think the real concern is not that, is the fact that there's some large unimproved tracts that they want R-i rather than more apartments. Now that's a different horse, that's a different matter. Mr. Plummer: Mr. McNutt, do your clients own the property to the east, the unimproved property? Mr. McNutt; No, he does not. MAR 251975 Mr. Plummer: Well, I would lovel to know who owns it. Every six months I have to put in a memo of complaint to get the daninod thing, the grass cut. Whoever the owner is won't oven cut they grass. Mr. McNutt: No, 1'In absolved or that I hope. Mayor Fevre: : Is there anybody else who wants to address the commi ss ion on this item? Mr. Fred Palmer: Fred Palmer, 1676 N.W. 7th Avenue. I own, Jack would you shift that back to the plot that shows; the Hotshot properties there. That next little C-L square is what I'm talking about. It's a lot that's approx- imately 52 by 110. Mr. Plummer: That's behind the Marine use? Mr. Fred Palmer: Yes;, that's directly, in fact I've got the figures here. What this amounts to is they're trying to roll this thing back from, it should be a buffer- between residential and commercial. This is not a place that any- body would over want to live. I've got the figures of it, it is right there at laird Road, Dixie Highway Intersectica. They're funneling the traffic now ...westbound Bird. Road and lout:hbonnd 1ixie Highway in the afternoons, they're funneling it right. down Hibiscus Street.. This is just a sto.le's throw from this busy intersection. I've got. .i boatyard that sells and services and Main- tains boats directly on they north of me. This is a vacant piece of proeprty I'm talking about and to ask me to accept without saying something about it an R-2 :.caning on this; thing is inconceivable. i couldn't believe anybody would want somebody to live on this piece of property. It's just not a desirable place for a residence. I can't conceive of anybody building a single family residence there, a duplex, an apartment, any place for a human being to live. There's just not that type of a location and like Mrs. Gordon says, there is possibly some way that we can absolve this situation here. I will do anything I can to keep this from being a residential area. Mayor Ferro: Mr. Acton, then I think we ought to follow what is good for Captain Donnelly is certainly also valid in this case and I think you ought to meet and try to resolve this in the same way you resolve Captain Donnelly's; it's the same applicable problem here. nk? Come back to the commission then with a recommendation if you can. If not, then we'll have to settle it here again. Any other speakers here this morning? If not, what is the will of the commis- sion' Mr. Piumuor: I'll move item 3 excluding those properties outlined... What do you moral: I can't do that? Watch me. Well, that's right, you've got to rewrite the ordinance. I move Item 43 with the exclusion of those properties delineated in the beige as they adjoin Dixie Highway. Those items marked for identification as the C-1 properties mainly that adjacent to the Hotshop, to the Apeco Marine, what is that one adjacent to... Mr. Acton: Those are all presently developed as single family residential uses. There were no objectors. Mayor Ferre: So exclude that. Mr. Plummer: Alright., exclude that then, just those two parcels. Rev. Gibson: I understand fully what is going to happen on 'Thomas Avenue... Mr. Luft: The same thing we're proposing on Franklin, R-1 (single family). tUNINTELLIGIl3Lli Mayor Ferre: Wait a minute, Mr. Plummer, wait a minute, 1 rules you out of order at this time and so you, Mr. Lloyd because we're on Father Gibson's question and it hasn5t been answered. Let's wait until his question is answered and I'll recog- nise you. A11 right, now answer the question. Mr. Acton: That is reconunended for a change to R-1 zoning along Thomas Avenue. Mayor Terre: Father, does that satisfy your question, that answer? Rev. Gibson: Yes, sir. Mayor Ferre: All right, Mr. Plummer. 4 !� MAR 25197 Mr. Plutttmeti The only thing that concerns me now, George, is that tract you know where St. ttueth':: parking lot is:. That tract which I would call just: to the west of theft'. IL is a t tt'mndous p i t'ce of pretport y. It i s, almost ,it. t•crr: 1 i rn the pl o it't't:;, George, t had heel! told that ►hit oleo was ooitltt to be developed by 11.It.11. ae low density. . :1.'t i`il: j'1,.t1 t ht. at t'.t 1 Wa:; 1 1 t't t mg 1 t). Mr. t'lutnnt't: On, well all right. What bothers me is; you know it is great to pass these things but the minute you coma' back in you start shopping here and shopping there, you break down the, i'Itegri.ty of the entire tract. Now it bothers me to ::one- this; to a sintllt' family residence which we all. know H.U.D. built no simile family residences. Sr) are we in fact building what we want to build or zone the way we want: to ;one knowing that we're going to come back here and have somebody chopping at: it.? Mr. Acton: That i:; the development: I was referri lq to and it is supposed to be developed in the Patio Townhouse Development.... Mr. Plummer: Which is; not R-1. Mr. Acton: No, it is, not R-1 .... Mr. I'lununrr: But it would take a ch,Inee of zoning. Mr. Acton: 1t i:; bt'twet'It R-1 and R-.', that's the reason 1 said the commission should .five some t ht,uglet Pir. Plummer: George., what I'm saying is if they develop it the way you suggest they're going to have ,t change of zoning. Mr. Acton: Unless you exclude that ... . Mr. rlcm;lmor: That's exactly what I'm getting at, exclude that parcel at this time rather than come back and start chopping. Mr. Mayor, do you all understand that? Do you agree with it? Ok. I move. Mrs. Gordon: J.L., wait a minute, 1 want to ask Mr. Acton a question because... How much land area and exactly where is it on the map that you are referring to as a H.U.D. property? How much land acrewise or lotwise? Mr. Acton: 1 would sugye;t that we would come back when this item is heard attain and give you the full details of that parcel of land together with the proposed d site plan, t.ho proposed density and so forth... Mrs. Gordon: What do you want to leave it at, R-3? Mr. Acton: No, I said if the density is between R-1 and R-2. Mr.. Gordon: Well what are you proposing that this ordinance today that we're working on should dlineate that property to be? Mr. Plummer: It's R-2 now, leave it at R-2. Mrs. Gordon: It isn't R-2, it's R-3. Isn't it? Mr. Acton: No, it's R-2. Mr. Plummer: Well wait a minute, can't we do it this way? This is first rea:i- inq . Correct? Why can't. we just leave that and before second reading you come back with the answer. Agreed? c tk . Understand, Rost'? Leave it as it and between now and the 'nd rt'atl i net t hey will come back with a correction. Rev. Gibson: Si r, 1 t1o11't Want to appear to be aiffit'itlt , really I'm not. 111:.1t I'm disturbed url)t'd about on 'Thomas; Avenue, and I know what you're trying to do an.i I agroe with you the only thins! is 1 want to be fain to the people who may not feel as 1 do, 1t you make Thomas AVerint' :milt' lamily residence, now remember that backs on Imp to that. commercial oleo on Grand Avenue, — Mr, Rev, Gibson: Ye:;. What I'm saying, what does this do to an investor? Look, I'nm not here pleading this ca1Ist' even after all I said it's not to .. , in my mind but 1 want t.t, he' lair and honest: by them. I think that maybe we ought to, 14 MAR 251 75 if you could do this for me you'll help me. If we could take the north side of Thomas Avenue and back it onto that business with something so as to, you know gradation type of thing. You know what I'm talking about? Rather than put the north side of Thomas Avenue in a single family thing I just wonder what happens to that man. You know? Mrs. Gordon: Jack, did you say you're rolling back Grand commercial as Father is discussing right now? To whet? Mr. Luft.: To R-CC (low density residential, professional office business). Mrs. Gordon: Oh Father, did you get that? Mr. Acton: The change of zoning from C-4 to low density residential coftxnerc- ial zone which will prohibit the development of those types of liberal commerc- ial which are not compatable with the surroundings, low density residential zon- ing... Mr. Plummer: Are you talking about on the back street or on Grand? Mr. Acton: I'm talking .about Grand Avenue. Rev. Gibson: All right, what I'm saying is somewhere say the lot between Grand Avenue on the south side and Thomas Avenue on the north side. What I'm saying is I am not so sure that the whole block, I was thinking that maybe you ought to come down in grade. Do you understand what I mean? Rather than, 1 know the street is there. If you have a :;tore or some such on Grand, the front on Grand and the back of it backing up fronting on Thomas goes the same as what is on Grand Avenue I just wonder, and looking right over here are single family houses, what does that do. Do you understand what I'm doing? Mr. Luft: Of course the same situation exists to the north of Grand AVenue where we have a single family neighborhood, a number of good homes which do back up to the presently C-4 zoning and it seems to exist without too mu_h trouble. We do intend to rezone the C-4 and thus the situation to the south of Grand Avenue along Thomas would be precisely the same as to the north of Grand Avenue along Florida. It would be low density residential along Grand with the single family to the north and single family to the south. Rev. Gibson: I hear what you're saying but I'm just wondering. I hope the commission is aware of this. Who in the world would buy the lot to the back of a lot that fronts on Grand Avenue and the other half of that block fronts on Thomas? Mr. Mayor, do you understand? Loot;, here's what you're talking about. This is, he's saying this is what he wants =o change here then he says over on this side backing up to that lot... Sir, why don't you show the commission on that chart. All right, that's Grand Avenue. So where is Thomas? All right. Now what he's saying to you is the lot that faces Thomas, that side he wants to zone single family residence - that's what he's saying. Mr. Acton: Most of that area along Thomas is already filled with single family homes. I'd say about 80% of it, Commissioner Gibson... Rev. Gibson: I'm agreeing, Mr. Acton but all I'm saying is if we are going to do it in 1975 the more realistic approach would be either give those people a duplex so that back' on, Mr. Mayor is my back door I don't have to , You see, that's all I'm saying and as much as I don't want apartments out there but I just want to be fair to the people. Mr. Acton; The thing about a single family home is the fact that you can buf- fer it more easily from whatever adjacent commercial zoning than you can with duplex because you have more lot area to play with. Rev. Gibson: All right, I'm going on... If we deem necessary at the next hearing, can we make any adjustments necessary? UNIDENTIFIED SPEAKERS: Yes. UNIDENT1F'lEL) SPEAKER: The lot by the marine when he was speaking of, the vacant lot, he wants to change it from residence, it's right in front of my door. My name is Mrs. Ozie 1... Williams, 1 live at 3021 New York Street. Mayor Ferre: All right, Mrs. Williams you're saying that you are right next to the marina? MAR 2 51975 Mrs. Williams: Yes, the vacant lotis in front of my house. Mr. Plummer: It is a marine store. Mrs. Williams: Right. I wouldn't like to see that be a business place. would like for it to be a residence. Mayor Ferre: Well, that's the problem, see. That's what we've been pointing out and that's why you have to take her problem into consideration when you're discussing :.. Mr. Plummer: I think we ought to put it on the department, George, that you notify her that she sits in on..the meetings. But what I'm saying is put the impetus on the department to notify her. Mayor Ferro: That's what we're saying. So in other words, Mr. Acton, it is your responsibility that when you talk to these two property owners Mrs. Williams is also invited to participate in that meeting. Ok' Alt right, thank you, Mrs. Williams. Is there further discussion? AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF M1AMI, BY CHANGING THE ZONING CLASSIFICATION OF AREA BOUNDED GENERALLY BY FRONTAGE ON DOUGLAS ROAD FROM DAY AVENUE TO THOMAS AVENUE; ON GRAND AVENUE FROM PLAZA STREET TO BROOKER STREET; ON THOMAS AVENUE FROM McDONALD TO DOUGLAS; AND AN AREA BOUNDED GENERALLY BY PROPERTY FRONTING ON I'RANKLIN ROYAL ROAD, LOQUAT AVENUE AND DEVON ROAD (PHASE II) FROM R-2 (TWO FAI11LY), R-4 (MEDIUM DENSITY MULTIPLE), C-1 (LOCAL COMMERCIAL), C-2 (COMMUNITY COMMERCIAL) AND C-4 (GENERAL COMMERCIAL) TC) R-1 (ONE FAMILY) , R-2 (TWO FAMILY) , R-3 (LOW DENSITY MULTIPLE) , AND THE PROPOSED C-2A (SPECIAL COMMUNITY COMMERCIAL) AS SHOWN ON EXHIBITS A AND 13 ATTACHED HI:RE'1';) ANI) MADE A PART HEREOF' ; AND BY MAKING, THE NKC'E:;;:;ARY CHANGES IN THE ZONING DISTRICT MAP, MADE: A 1'AR'I' OF THE SAID ORD INANC NO. 6B71, BY REFl RVNcK AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PAR'I'W THEREOF IN CONFLICT; AND CON- TAINING A SEVERABILITY i'ROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferro NOES: None. 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. 4 k) MAR 251975 ktr: '1ORK RELEASE CENitil M{-, 7251 N4 Ei 3 AVENUE Ld1,50 BLOCK 6 DtXt:E HIGHWAY PARK ,, A $sc n mm' cr'' r t,4 1 Lt,.e a-1 ica^'': is coming forward there is some information I'd like to pass on to you. Mayor Ferre: Wait a minute, where is the applicant? All right. And are the objectors present on Item 4 Ares there any objectors in the room? Are there any objectors that would like to sl'e,ak to Item 44? Mr. Andrews: You'll recall that at the last commission meeting we went through the process of developing potential zoning for Substance Abuse and other centers in the City of Miami. I want to point out to the commission that the total county contains two thousand two hundred square miles and there are 17 centers that are substance abuse - work release, post release, pre-trial release and alcoholic rehabilitation. Seventeen in the county other- than the City et Miami including all the other cities. In the City Of Miami we have 21 such facilities in 34 square miles and I want the commission to he aware that there is building up in the City of Miami and because we're becoming sophisticated and we're identifying this through zoning that there is a possib- ility that the. City of Miami could become the housing center for these kind of functions. I don't know to whet extant these particular functions now housed in the city serve only the people of the City of Miami and I just indicate tha: to you as a precautionary matter in relation to what's happening to the city. Mr. Plummer.: Mr. Andrew:;, let me say this. I agree with you, it's true. We can't deny the facts and the figure's but I'm going to tell you something - I don't know that that's such a bad thing. 1 think it speaks in some ways highly of this city that we do know that we have a problem, that we recognize the problem and we're trying to do something about it. Now 1 know exactly want: you're trying to say, why doesn't the county recognize the same problem and why docein't the county do something about it. But you know we have this problem all over this county. Look at tae problem that the City of Miami is :'addled with with alcoholic:: that the county doesn't have. So it is in more than one area but I think that what we've been trying to accomplish is to get this by virtue of .^.oning into certain areas where it is acceptable. Now I know, I don't know if it was this young lady that was here before when they tried to go into an axes there next to the po l i e-e ;-station and we told her at that time that's not the area and :;he agreed. And 1'rn going to tell you something, I'm going to do everything 1 can today bee:'au:;r they played the, name the way we set the rules; find an area that's not :tingle family residence somewhere other than where you're proposing and we'11 go along with you. Now 1 notice hre, .and l don't see any objectors. Were there any objectors in the audience or were there just tour objectors of writing? Mayor Ferre: I've already asked t w.i ce, there are no objectors present. t•Sr. Plummer: e111 right, I'm •n'in:; to tell you something, I'm going to look on this very favorably. We seat. the rules for them to play by and they have done it. Rev. Gibson: Mr. Mayor, you know .f don't want to be a devil's advocate here today but 1 get awfully disturbed when I hear milers and hear acreage and then the overwhelming majority of all these things come to us. Now you know all of us need to share the burden, the crottitilns, crucific•t.i.ons, the pains, the at guish; you know they want us to carry. They don't want to carry none. You know we gave, over our jail, we gave over our court system so that it is virtually impossible to tell whether you come out of the city or the county or you know, the other place or the other. place. Now I may have to vote but I tell you this, we need to be dogyone d•aretul these days because otherwise our city will be the dumping ground:;. Mr. Andrews is right, Mr. Andrews is right to con- cern ought to be voiced. Mayor Ferre: Well let me tell you that my opinion is that they're both right, Plummer and Mr. Andrews and let me tell you why. Mr. Andrews is right, Father Gibson is right because it's unfair that the burden always falls on the City of Miami. However, the other side of it i:; also right; that is it just so happens that these problems exist in the core city. This is where, it's the same thing with the drug clinic. You kncw we've had these problem:_, with the drug clinic. Sure, we'd like to have the drug clinics in Perrine ,and in Opa Locka and in Miami Lakes but the point is that where the problems are in the core areas so we've got to take that into the balance. Now the other thing is this, that we set the guidelines. They came here and tney had a place and we said no, not there, now you go.and you finest place in such and such specifications. They've done that. We set the game rules for them. So I think that. you're both right. I think that: it's unfortunate that we, had to take the burden of it in the city and certain- ly the county should 'hare some of i t , absolutely right. On they other hand, I think we were the ones that set: the Blame rules here and they've 1 ived by them and I think I cer- tainly am inclined to go along with it - MAR 251975 kev. Gibson: Mr. Mayor, let me say this, if I'm going out in the ocean and I'm oh a ship and I see the doggone ship is going to sink I'll be a fool tc stay on that ship and not get off. I just want to make sure everybody understands that. Now it seems to me that when we set the guidelines in the future we needto be doggone con- cerned because the preponderance of this burden always falls on this poor city. Man+ don't tell Me that there aren't women getting in trouble out in Hialeah and out in Coral Gables and all the other places. Don't tell me that's not happening. And you know what? I'm going to vote for this thing, and you know what I want the staff to do? I want the city to make an investigation, just a cursory investigation and see how many of these people live in the city. You know, it'd be interesting! Mr. Plummer: Let me task a question of the department. George, this is really in fact a conditional use Correct? Mr. Acton: Yes. Mrs.. Gordon: I just want to add support: to the concept. and I don't really feel, it's an institutional type of use, ,a governmental nsce but nonetheless it's a unique and im- portant us.' tor the rehabilitation of people and that's what the name of the game is and Dade County in total, all et us, that includes the City of Miami have really been negligent in providing enough facilities for rehabilitation and instead of incarceration within jails where this kind of homelike atmosphere, this work release program isi marvelous and we should all he yalcl that it is taking place and should encourage it to take place in all areas of Dade County where it is not there now. So I'm going to be in favor of this. Rev. Gibson: Before I vote, I want to ask this question, Mr. Mayor. I want to know, are you the director? UNIDENTIFIED SPEAKER: Yes, I'm a supervisor of the Womtn's Detention Center. Rev. Gibson: Ok, good. You know wltat:'s really disturbs me, Mr. Mayor, and my thing is mercy, understanding, love? I wonder how many times you all ever sit with these women. Baby, it', cold outside. You know why 1 ask this? My wife was among the first people to he involved in that clinic business up there in New York. The story has; never born told; mt'thadonr a,,d all these other things you know? Fine. You know what was \'r y interesting? Nobody has eve! :,:lid to those people that the best way to get off this habit is to qo cold turkey. Evt rybody says you know we want to reduce it; so you could understand my _prejudice, 1 just „ender, I spoke to th young people out in that facility there on 30t.lt Street or wherever the city thing is out there. And you know what, I'm disturbed that nobody is saying to them, "Baby, crime doesn't pay." And I'm concerned about what happened the ether- day. Nobody is now advocating so you know I want to give you some brownie points for being good. Do you understand what I'm saying? I'm going to vote for you. Mr. Plummer: I don't know whether I can vote on this. Isn't this sex discrimination, Rose? Mrs. Gordon: You know you bring up a ver good point because there are work release accomodations for men but there have not been any for women to this moment. That's not: the point in question but it is something. Mr. Plummer: Mr. Mayor, to try to appease Father Gibson and I think in all fairness I would move Item 4 with a one year review. Mrs. Gordon: I tell you why we might have a problem with this, there is a land acquis- ition being made if I'm not: incorrect. Is that. correct? UNIDENTIF'II:I1 SPEAKER: Yes. Mrs, Gordon: And I think if you limit to that period of time it might interfere with the entire program going forward. I think if you're going to put a time limit- ation perhaps you might consider a longer period. Mr. Plummer: 'Pwo years, a review. A review, Mr. Mayor, not anything other than that. Mayor Forte; From a practical point of view I think what it moans is that the com- mission wi.11 look at it again tout I don't think practically unless you think that is going to be a problem to purchase the property, UNIDENTIFIED SPEAKER: I don't think that will be a problem to use in the sense of acquiring the house,., Mayor Ferro: Weil then we have ,t motion with a review in two years, 4. .) MAR 251975 Mr. tlUMMere Under discussion, let me just caution you of one thing. Ok? Because ou' lie y got to know it in case it crimes back at you Inter. I'm not trying to tell you how to tun your facility in any way shape or form but T'tr telling you that under a con- ditional use you .are under scrutiny and under the gun at n11 times. If any ciroup of your neighbors get together because of abusive use of the property they can petition this commission for it to revoke the conditional use. All I'm saying to you is you know, be careful. Ok:� Mrs. Gordon: Question, Mr. Acton. Is this government use in the same context as conditional use with regard to the statements that were just made? Mr. Acton: The conditional use application under the general provisions of the zoning ordinance... Mrs. Gordon: Yes, bet this is listed as a government u,e. Mr. Acton: It is a public use. Mrs. Gordon: Does it have the same conditions attached as an individual use? Mr. Acton: Yes... The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-265 A RESOLUTION GRANTING PERMISSION, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 36(1), TO USE PROPERTY LOCATED AT 7521 N.E. 3RD AVENUE, LOT 5, BLOCK 6, DIXIE HIGHWAY PARK (4-103), FOR WORK RELEASE CENTER FOR A MAXIMUM OF 16 ADULT FEMALE RESI- DENTS, LOT BEING 50.25' X 147.62'; ZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT, SUBJECT TO A TWO YEAR REVIEW. (liere 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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. 1... Plummer, Jr. LOTS 1, THRU 6 - BLOCK 1 3, CHANGE ZONING CLASSIFICATION LEJEUNE GARDEN ESTATES SECTION 3 Matror Perrc• Tv $-hhn your case. 7innl ien*tf-, Gp(srrvn 111 re-ent et al. hare' ,T,l,in ?, we'll listen to Ms. Janice Revitz: Janice Revitz, attorney for the applicant seeking rezoning, lots 1 through 6, LeJeune Garden Estates. The rezoning sought is from R-2 to C-4. We've been here on so many occasions that I really don't want to belabor the point. Very simply, we began this proceeding in stages way back in January of 1973 and for various reasons having nothing to do with the merits of the rezoning of this particular proprty from R-2 to C-4 we were delayed and eventually denied and we're here again on the same thing. The only basis for the denial and all of the transcripts of the commission and the Planning Board reflect this is that the area in question was being studied based on compatability with the airport and subsequent to, during the first time we went through this prccedure and after we wore denied the proposed rezoning for an airport commercial was denied resoundingly by this commission after full public hearing at which persons from the area in question attended. And they were not simply business people or people motivated because they wanted to build something at a higher use, they were people who lived in the area and they felt that the proposed C-A was both not com- patable with the area in question and would solve nothing with respect to problems of land located in the area of the airport. So today we were defeated at the Planning Board very closely. After 212 years we've made some progress, the vote was only 4-3 against us. Gentlemen, very simply on the merits we ask that after this long time we be granted the rezoning. Mayor Ferre: Judge, we've listened to this so many times that I could almost argue your case for you, you know, or against you because we've heard it I thinl; at least 4 times, And very simply, all you're saying is that it's a zigzag type of a thing and .tu MAR 5 1975 you want to square off that block and get C-4. Now we've heard all of the agtuments for and against it and I think it is just a question of voting on it. Does anybody want to ask any questions? Ate there any objectors here? Are you an objector? Are you an objector. You're one of the owners, all tight. Let's listen to the objectors first and then we'll get questions from the ccminission and then Mr. Acton and then maybe we'll get to the vote. Mt. John Sissler: Mr. Mayor, commissioners, I'm John Sissler from Dade County Aviation Department, it's hard not to say Port Authority. Of course, I have to keep on telling you that my department is opposed to this rezoning and our reason for it is we believe that any kind of a commercial zoning in this area will eventually lead Lo structures that we believe will be too high to be completely safe for Miami Inter= national Airport. For that reason we urge that this R-2 classification be retained in.view of the fact that no commercial classification that I know of puts any limit,- ation on heights whatever. Mr. Plummer: John, how long have we been telling you to buy it? Mayor Ferre: And now you have the money, I understand... Mr. Plummer: You've had 21 years to acquire that property, you've acquired all of it to the west and we kept tellint you in so many words, "lley, buy it." Mr. Sissler: commissioner, I can't answer that question. Mr. Plummer: Well, you know really that's the crux of the issue. Mr. Sissler: I don't control the purse strings. Mr. Plummer: You don't control it and I don't control their purse strings but that's what you're asking me to do. There is no way in hell, John, that we can defend that position in court, no way. I don't like it, I don't like it at all and I kept begging you people in so many words to buy it. Mayor Ferre: And they have the money to do now. Mr. Plummer: Now you know what you're going to do, I'll tell you what you're going to do. You don't have the money now but you know what you're going to do? Two years from now you're going to pay 4 times the amount for it. Mayor Ferre: No, you're wrong. They do have the money now. The president announced a week ago a tremendous program for additional moneys for the airports. You know that. Mr. Sissler: It's in a bill before congress, yes. Mayor Ferre: But everybody, I talked to Pepper about it the other day and I under- stand that thing is going to pass and the White House is backing it strongly. Now why they would back that one strongly and be against housing is beyond me but they're doing it. So you're going to have the money to do it. Mr. Sissler: Well, I can again urge my people to move towards the acquisition of that property although I've done it several times... Mayor Ferre: Well John, we understand your.... Mr. Plummer: John, don't take it personal, I'm not saying it to you, I hope you under- stand that. But you see the horns of dilemma that this commission has set on for two and a half years. Mayor Ferre: And we stalled it, really for two and a half years waiting for you. I guess you're not supposed to say that publically but I mean that's exactly what ... That's exactly what we've been doing. Mrs. Gordon; Mr. Mayor, if the objector is through speaking, I don't want to interrupt him but if you're through I have some comments I want to make. Mayor Ferre: Mr. Sissler: Mayor Ferre: John, is there anything else you want to add? No, :,i r, thank you. Are there .ny other objectors here? Ok. MAR 251975 Mrs. Gordon When this application first came before us and there was a cones sideration for rezoning which never developed it was always thy feeling that the zoning has been properly zoned the way it is now. First of all, comrercial zoning requites a deeper depth than what is presently there to develop, the height objection that was raised, certainly if it wau.; 100 toot to the east would still be the same height. So I don't see that as a valid objection to the rezoning of this and I do feel':that after all of this time and no solutions have been found other than the charge of zoning as requested I personally can't see any reason why we should hesitte any.furthe,r or delay anymore on this appli- cation. Mayor Ferre: All right, are there any other further comments by anybody? Mr. Plummer: Mr. Mayor, my only comment is what I said before. I don't like rezoning this property, I really don't. But by God, fair is fair and we have put these people through undue delay. Rev. Gibson: Mr. Mayor, what I'm concerned about is that we did a thing when we had that hearing out at Steve Clark Park. I never understood, maybe it was so quickly done I didn't understand. But y.ou know what really disturbed me then and I didn't say anything abou it but I'm going to say it now because the action we took then about one situation, and you know, and here we find ourselves now. What I' don't understand specifically is if we feel that this area should not be used as probably it will be why we did not formally ask the county to take the necessary action to acquire this land. 'Phis is what I don't understand. Mayor Torre: Well, didn't we do that? Mr. Plummer: Ch, on three different occasions. Rev. Gibson: What was the response? Mr. Plummer: I heard it again this morning, the same response we got every time. Mayor. Ferre: I mentioned it personally, I remember it one time with Dick Judy so I ... Mr. Plummer: Father, let me recall even further what we did. We invited Dick Judy and the other to that Miami -Dade County Action Group and demanded that they showed up Here and they didn't even show up. Rev. Gibson: All right, I'm ready to vote. I think we've been fair by it. Mayor Fe/re: And we've stalled this thing for two years. Rev. Gibson: Man, this burns me up because I hate to do it to another govern- mental agency but I don't think they ought to do it to us. Mayor Ferro: Father Gibson, I carve on this commission in April exactly two years ago, I think it was April. It will be two years in another couple of weeks. And I want to tell you that one of the first things that was being heard when I sat in this chair was this item. It has been two years that we have been stalling and stalling and playing with this thing. Mr. Plummer: Mr. Mayor, ten yers ago when I first went on the Zoning Board one of the first items I ever heard was the LeJeune Gardens Estates. That was a master plan - that's 10 years ago. I'm getting the same garbage about Jackson Hospital. You know I heard of a Master Plan for Jackson Hospital but it seems like every damned time they build over there they build on a parking lot. You know we're going to have all these beautiful master plans. You know what hurts me? I'll tell you what hurts me truthfully - I'm a taxpayer in this city and in this county and I know as God I'm sitting here that what I said before, we're going to rezone this, they have goofed off for now 2 years, they're going to acquire this property by hook or crook and I as a taxpayer am going to have to pay 4 times the amount of money. And that hurts me, Rev. Gibson: Mr. Mayor, I'm going to vote. I hope Mr, Sissler... Mr. Sissler, I hope you will take back the attitude of this commission. I just don't think any governmental agency ought to put us in this kind of position after two years, Now they either want to play fair with us and deal forthright or they don't want to do it, Now this is awful because we're playing with the lives of people, If you think this is a dangerous thing... You see, what 's going to happen is we're MAR ` 5197 going to get a plane c.tash like we did over there on ... you know, and all those people... Go ahead, I want to hear it. Mayor Ferree I tell you, my position is a little bit different. We have had letters from the F.A.A. and people who are really the technicians that ate knowl- edgeabie in this and they don't object to this. And what Rose Gordon said I think is a real key point and that is that what's the difference, actually the dangerous one is a little bit further. up. The further up you go the more it's in the flight pattern. So this is not as much in the flight pattern as the one that's up, (1). (2) We've already gotten F.A.A. approval and the Pilots Assoc- iation said that they have no ob_jr:tions to this. So in affect this is just something that the county, that the Port: 4uthority wants to do but it has noth- ing to do really with the F.A.A. o' the tilots Association. I think the teal crux of it is that that's poor zoning in my opinion and I just from looking at that map, I'm for it on the merits of the case. Mts. Gordon: Exactly, that's what I'm trying to say. Because to develop a strip of zoning is a very poor plan in zoning development and in my opinion like I said before, if we could have found some way'of handling it otherwise we would have but we couldn't. So therefore, I'm totally in favor of this application. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE 20N1NG CLASSIFICATION ON LOTS 1 THRU t, BLOCK 1, LEJEUNE GARDEN ESTATES SECTION 3 (44-11), LOCATED AT N.E. CORNER OF N.W. 42ND COURT AND N.W. 14TH STREET, FROM R-2 (TWO FAMILY) TO C-4 (GENERAL COMMERC- IAL). Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by tittle by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Ms. Revitz: 1 will just add this: It's never too late to say thank you, so thank you. MAR 251975 di DENY coND t t t oNAL us to MONTMARTE RESTAURANT OMIATtoN As A SU PS TLUt Mayor Ferre: Item #6. No, Mr. Phillips, I'm going to listen first to the applicant and the attorney was here just a moment ago and I think we might get through this very quickly and move and you might be pleased at last with the way we're going to move. M. Burn:;: Mr. Mayor, I'm sorry 1 didn't hear your introductory remarks. May I... Mayor Ferre: Yes, I'm saying that I was going to let you talk first because Mr. Phillips started getting up and I'm saying that I know how I feel about this. Mr.. Burns: Well, I'm sure we all feel the same way here. We've spoken to the objectors previously and we've chatted with the staff. We're sure all unhappy but we haven't been able to work something that satisfies everyone. Unfortunately this minority business because of the problems involved has not been able to make a financial success of it. It has taken some time to get towards the point that we're'trying to get to. I'm able to discuss to the extent the commission wishes the practical problems they encountered and the reason they got to this point but it is sufficient to say at this point Monmartre is withdrawing its application with appreciation for the consider- ation shown by the commission, Mr. Eades of the City Manager's Office, Mr. Ferencik who did have a goof understanding awareness of the expense of making some of the improvements that were suggested. But they have closed and they were unable to... Mayor Ferro: They've actually closed? Mr. Burns: Yes, Mayor. Mayor Ferre: Well, it that's the cat;&', then there is really nothing to talk about and as far as I'm concerned we have to then withdraw; there's no extension of anything and it's done and over with. All right? Mr. Phillips: Well, except that there s a difference, I thnk between a denial and a withdrawal. Mayor Ferre: Denial, all right, I understand. Is there a motion for a denial? Mr. Plummer: After two years I've told you so, I'll be tickled pink to make the motion. Mayor Ferre: Well, now you know, that's all very nice. But let me take up, now that it's dead and we can beat a dead horse and you want to beat a dead horse, let me tell you all the neighbors are here and we're talking about politics now, Ok. Let's get into that. I stated my position over the last two years - I make no apologies. I thought that this was something that we ought to try to work out for the benefit of the whole community. Now I make no apologies for that. I may have been wrong in judgement but that was my sincere and honest opinion. Now I'm sorry it hasn't worked out. They haven't lived up to their word, I didn't know that they weren't going to live up to their word. NOw that they haven't that's the end of it and it's just that simple. ... Mr. Plummer: Mr. Mayor, I don't question your honesty and your sincereties. Mayor Ferre: Well, it might be misinterpreted... Mr. Plummer: I don't want it misinterpreted. What I did say I said before. There is no question there is a need for this kind of a facility and I am all in favor of this kind of a facility. But I have stated and I still state that I did not believe that it belonged in that particular neighborhood. That's all that I have said. Mr. Burns: If I might., 1 just take strong exception to what the Mayor said that it was a mistake. This is a tremendous loss to the City of Miami not having this facility available. I was just amazed at the number of my friends, and 1 don't have a great number of friends in the Latin community... Mayor Ferre: Look, it's dead and over with, let's not... Mr, Burns: It's a loss. Mayor Ferre; I happen to agree with you but Plummer makes a... and I agree to that point too that it happened to be in the wrong place and its unfortunate, MAR 2 5 1975 Thereupon a motion denying the conditional use granted to the Monttartre Restaurant for the operation of a supper club was introduced by Mr. Pluii►tiner, seconded by Mts. Gordon and passed and adopted unanimously. Said notion was designated Mot_on No. 75-266. Mayer Fevre: Ladies and gentlemen, my apolcxi.ieS to all eet you for then incon- venience you've had for the past but it's, now ,r dead i s;r:ue and I hope it wi l t never come up again. Mr. Andrews: Mr. Mayor, there is one pending matter left as is concerned and that .is that the City has a $2500 bond that these improvements. We want to return that bond, however, I of closing in that I want them to bring the check to pay our due them. When they bring those checks forward then we will I'm not going to return the bond until that's accomplished. Mayor Ferre: Understandable, do your need a motion? Mr. Andrews: No. far as the Montmartre we're holding for want to have a form policemen that ate return the bond. CONCEPTUAL PLAN FOpR REDEVELOPMENT OF BAYFRONT PARK 5, PERSONAL APPEARANCE MR,ARMBRUSTER, ED D,STONE ASSOCIATES Mr. Andrews: Mr. Mayor, my I take advanei rge, if you will please, and the com- mission for just a minute? tir. Armotusti r is here and I want to re -present the plan for the Bayfront Park that is proposed in conceptual form that was presented to the City Commission. We now have some estimates for the whole park and I would like to get the commission to approve of this in concept only because I then have to meet with the Off -Street Parking, the Port people, the City Attorney to make sure that everything we're doing can be accomplished and if it can be accomplished and needs modification in some form we will bring that plan back to the City Commission for final approval. But I don't want to move ahead with- out the commission's general approval to the plan. So Mr. Armbruster, would you put the plan up, describe the particular area... Mayor Ferre: Well, I think it is important that Rose Gordon listen to this too. Mr. Andrews: Mrs. Gordon, I was explaining to the City Commission that this is for the purpose of approving this plan conceptually only of Bayfront Park so that I might meet with the county and port people, with the Off -Street Parking people with the City Attorney and make sure that: everything included in this plan can be accomplished this way and to find out if there are any modificat- ions that are needed so we ran go ,;bout making the modifications and then come back to the City Commission for final approval. And I'm particularly talking about the corner, that portion of the total plan that deals with starting at the auditorium and its surrounding parking lots, the entrance to the existing restaurant and the new ampitheatre and the restaurant addition, that particular area. Mrs. Gordon: You mean the improvements that are to take place. Now what is the future plan for the auditorium? Originally we had planned to remove it. Is that plan being changed now? Mr. Andrews: No, the only thing that we're adding to this plan is until such time as we get a now auditorium. If we make any adjustments here we want to make landscaping and ohter adjustments to improve its existing appearance. The plan to remove the auditorium, to build a new auditorium is still subject to the commission's final judgement and review of that. Mrs. Gordon: Yes, but what we're doing now doesn't negate that removal of that structure eventually. Mr. Andrews: No, it does 1nt. That's right. Mrs. Gordon: Because I would really be opposed to accepting this in concept if in concept we're accepting that existing structure for an extended period of time beyond what we have intended. Mr. Andrews: No, that's a separate matter and let's make an assumption; I hope con auditorium is achievable within the next several years but. let's MAR 2 5 1975 make an assumption that it's not and we have to retain the ekisting one for whatever `reason then what we're planning is some landscaping improveflents and So forth to make it more presentable during that interim time, Mrs. Gordon: What about, why should it be 30 years, now we're going to an., - other subject but on the other hand it is related, why should it be a matter of years when we have the moneys lying and waiting for us now? Mr, Andrews: I don't know that. Mr. Plummer: Well. Rose, I can tell you one. Ok? And Paul, I think you ought to bring this out. In case you all didn't happen to read the memo froth the Manager because people from Miami Beach jumped me at Tallahassee. Mr. Mayor, are you aware that Miami Beach is throwing a real wrench in the ointment? They are protesting very loudly of our what they call unilateral' decision about the acquisition of property and the money for the convention facility that they're going to have to pay 2/3 of it and they don't feel that the price is fair. All I'm merely saying to you Ro;o, is that that is a letter of record and that could be a stumbling block to the extent that we're not going to build that downtown convention center as soon as we think. Mayor Ferre: Well, the point is that it was all part and pare?1 of our agree- ment and if the county backs off of that for any reason then as far as I'm con- cerned then they don't have 60 acres on Virginia Key. Mrs. Gordon: Right. Mr. Plummer: I agree. Mrs. Gordon: And Miami Beach won't have a place to throw their sewage unless they run a sludge line down Collins Avenue. Mayor Ferre: Which is what: we should have maybe had the guts to do anyway the way Plummer was recommending, and you and we should have stuck with it. Mrs. Gordon: It they're going to start playing games... Mr. Andrews: The commission should by ,aware that I've had some discussions with the Miami Beach City Manager, Frank Spence and I've explained what our auditorium is and its relationship to Miami Beach auditorium indicating that we're not competing with them. They had an opportunity, the Mayor and the City Manager to protest and I understand at one point they were going to appear at the County Commission and protest the resolution that the county was adopt- ing after we had adopted ours setting the format for the Water and Fewer Agree- ment to be signed which included the convention facility. They finally not to appear and protest that and the county went ahead and passed a resolution. Mr. Plummer: If I'm mistaken I got this letter yesterday. Mayor Ferre: I'll tell you, I want to go on the record saying that I have to talk to both Frank Spence and Harold Rosen about this and try to explain to them that it i:: not ... What they're worried about is that we're going to go out and put up something to compete with their convention center which of course we've got J right to do but. I don't think we're foolish enough to do that. That's not our intention. Mrs. Gordon: We don't even have enough money if we wanted to do it. Mr. Andrews: So Mr. Armbruster is ready to give you a quick thumbnail descript- ion of the costs involved excluding the.memorial park concept because I can't recommend that to the commission at a.11 and that's something that can happen over many years. If you'll explain the cost factors real quickly and what's involved here we'll hopefully have the commission adopt in concept this plan. Mr. Armbruster: The phase that we're talking about extends... Mayor Ferre: That would include the entrance to the marina, to the port? It would also include increased parking, or not increased but rearrangement of parking. Mr, Armbruster: That's correct. Mayor. Ferre; And a new entrance to the Miamarina Restaurant with more trees and vegetation, it would include the amphitheatre, the new amphitheatre. ,, ; 41.4,.. MAR 2 5197 Mr. Armbruster: that's correct. Mayor Ferre: The removal of the old :amphitheatre? Mr. rltinhruste'r: That's correct. Mayor Ferret Would it include that circular pond? Mr. Armbruster: No. What we would propose to do at: this particular time, we are not creating anything beyond this lower section... Mayor Ferre: Just put green there. Mr. Armbruster: Just to put grass there and I would think that the views of the bay would be expanded tremendously. Mrs. Gordon: You would do what? You wouldn't put the pond. Mr. Armbruster: We would .just demolish the existing amphitheatre and put a meadow grass area out there as a temporary measure until such time as we had an opportunity to really design that lower section. Mrs. Gordon: Couldn't you put that to some use like say maybe you could even consider a place for young people to rollerskate or something of that nature? I mean why waste it, it's paved already. Mayor Ferree: Couldn't we put a rollerskating place there? Well so what? Oh I see... Well, if you're going to bulldoze it down anyway, what is the dif- ference if you bulldoze it and make it flat... Well, I think you ought to look into it and anyway, don't tell me... I ulderstand your memorial gardens con- cern but don't tell me it's going to cost that much to make a round circular pond there. Mr. Andrews: Well, it's about $300,000. Mayor Ferre: Now you know what is going to happen if you do that, Paul. The kids are going to be jumping in there all the time. That is going to become a wading pool. and a swimming pool which I guess is all right. Mr. Armbruster: In Central Park they have barriers that are protective barriers to things like that happening. Mayor Ferre: But they don't jump in, but the one in Central Park is looks like it's very deep, you don't know, and it's not very inviting as I remember. Any- way, our kids are more aggressive than they are in New York, they'll jump in. INAUDIBLE. (Mr. Andrews) and (Mayor Ferre) Mrs. Gordon: The map makes it look good, I can't find any objection from the way it looks on that drawing if that's... Mr. Plummer: Mr. Mayor, can I make an inquiry? Mr. Andrews, let me tell you where my concern is. We have now delegated how much money for the north parcel for improvements? Mr. Andrews: $4,200,000. Mr. Plummer: What is the round figure for this? Mr. Andrews: Three and a half million. Mr. Plummer: Ok. You can see waht I'm drawing up. Basically let's call it for whatever it is round figure, we're talking about 8 million dollars. Correct? Ok. Now I want to know, you know I made the statement and I hate to keep saying I told you so. I made the statement some time ago that maybe the worst thing that could happen to this commission is to win the suit against the F.E.C. trailer lot and then we don't have the money. Now this is not a question to you at all, you're not involved in this. I come back to you again. When we went to the voters we came with the, proferred to the voters for acquisition of the Bali Point property and the F.E.C. property. We're now using 8 million dollars which is just about for round figures the cost of the acquisition of the Bali Point, Now Mr. Manager, you know you're delegated the authority of making sure that the moneys are there. We know without question that the figure of $12,000,000 by the appraisers of the F,E,C. Properties is not realistic. We know that. Ok. Now tomorrow morning we MAR 25 1975 win that suit with the F.E.C. which we've fought very hard and very long. John Lloyd and his people have done one hell o° a job. What happens totttorrow, Mr. Manager if we win that suit and they say come and get it? Mayor Ferre: What happens tomorrow if 1 walk out in the street and a truck hits me? I don't know and I"ll tell you, and let me answer if I may since this is a matter of policy I want to put it to you this way. The voters of Miami, and I work just as hard as you did and everybody else around here for both of those bond issues, voted for a series of bond issues. That bond issue very clearly spelled out what we at that: time as the city thought we were going to spend in both Ball. Point and the F.E.C. Property. And If I'm not nustaken the figures were. 7S million dollars. for Ball Point and 12S million ... Seven and a halt' million for each. Now, I don't know how much the F.E.C. Property is going to cost and neither does anybody sitting here and we have not finished our appraisals. Now, we were also mandated by the public to develop these parks. I think one of the worst things that this community has, and I'm not talking about just the City of Miami, I'm talking about Metropolitan Dade County and every governmental entity within this community; is that we plan, we talk, and We never get things done. We always find reasons why, there is always a stumb- ling block. I'm going to put it to you this way and you can take it anyway you want it. I'm getting to a point where I'm beginning to accept the theory where a bird in the hand is better than two in the bush. You know we keep dreaming of Utopia; we keep dreaming of Interama - Interama is going to be a $300,000,000 project and a $150,000,000 project and it is going to have the Ford Foundation and the General MOtors and it is going to have the government, and we never have anything. We end up we spend more money and wait for tomorrow and tomorrow never comes. I tell you, and I say it en the record we have the potential of having without any exception the single most beautiful park in the world and I mean that second to none. It won't be second to Hyde Park, it won't be second to the Champs-Elysees or to the Bouryesse Park in Rome; it won't be second to the Prado Gardens in Madrid,and I know them all; it won't be second to the park in Boston Commons, anything in New York or San Francisco. This park when we're finished with in conjunction with eicentennial Park, if we can buy and hope- fully will proceed in getting at least th• stree front, that means Biscayne Boulevard alone from the F.E.C. property which we are entitled to buy right now and we're proceeding ca that assumption. It will be the most beautiful stretch or mile and a half or two miles of city park in the world, bar none. I don't think that we can stall that process. Now we've got t Le money, we've got $26,000,000 earmarked for downtown Miami of which yes, we will consume $8,000,000. There is no question about it. But my friend, I tell you that we've got to move, we can't wait for the cure of cancer to come. We've got to take what we have, we've got to go to Mayo Clinic and get the Cobalt Treat- ments and get whatever it is and pray to God that it will work out. WE cannot wait for Utopia. We cannot wait to solve the problems. The Supreme Court of the State of Florida right now is in a mess - God help us from the Supreme Court. I hope that they'll rule in our favor. I don't know what they're going to do, I really don't and I think that if they rule against us we're going to have to go in under the new law and restart the matter all over again and I don't know - I've been saying for two years; now I'm going to tell you I've been telling you that this is a long drawn out legal matter. I hope we win it, I want to win it just like you. I want to do everything we can. If it takes more than $7,000,000 which it probably will, we may have to use franchise money from Florida Power and Light, we may have to go to the county, even have to do a lot of other things. But in the meantime let's not stand still. Mr. Plummer: Mr. Mayor, you know it is nice to go to Mayo Clinic for a cancer operation is one thing but it's not worth a damn if tomorrow they've got you scheduled for an autopsy. Now we saw this autopsy in Ball Point Park and I still ask my same question: Mr. Manager, if we win that suit tomorrow what position are we in? Mr. Andrews: Let's make an assumption that if we won the suit tomorrow and you aI:,o were approving this which I feel the commission has an obligation to develop these properties because that was a significant part of the bond issue was to redevelop the properties and improve them we would have at hand in round figures approximately 15S million dollars towards acquisition of just the F.E.C. property. Mrs. Gordon: Where would you get the difference if we needed more? Mr. 4ndrew::: Well, we have examined our other resources, Community Development funds which .ire coming in hand and if it's this important to the total conununity this could be one area. Florida Power and Light could be another area, The Metro bond i:s:.ue, we could maker ::pc•'dal requests. You will remember that when MAR 2 5 1975 the commission went through the process and found that there were ho funds being spent out of the first sale of bonds under the Metro Bond Issue the county Commission turned to the City Commission and said, "Well, we'll consider you in the next sale of bonds if you give us yo,rr priorities." This could be a priority within that bond sale. Mr. Plummer: Remember your remarks you just made putting your job on the line. Mrs. Gordon: And also remember that when we tried to get funds on Ball Point there wasn't any available. Remember? So I just want you to remember like J.L. says that the suit is in the court now and I'm worried about it. Mr. Andrews: Well, Mrs. Gordon, may .I turn this around then and which places another serious problem. Let's assume that we won the suit and that the coil is- sion was faced with expending the balance of the moneys other than that which is has been committed for the development of the Fri -Centennial. Park. Let's say is about $20,000,000. And now we have tlu' F.E.C. property and the Bay Front Park, how would we improve them? Mr. Plummer: Well, that's just the questions that I'm asking, you''•e gone one step further... Please, Mr. Mayor. I'm all in favor - this is beautiful, it's great. And you know, there's not a problem in this town we can't solve with money. But we don't have it. Now let me tell you, our faces were pretty red up here Paul, and you were part of this face when we had to withdraw the Bali Point suit after we had spent what, $300,000... What: was it? $135,000 of tax- payers money; after we went in there and tried to acquire then we found out that if we did acquire we couldn't afford it. That was $135,000 straight down the drain. Now, all I'm saying to you is I'm trying to avoid that embarrassment with the trailer park. If we win that suit, are we a loser? And what I under- stand you're telling me is the answer is no. You'll find the money. Mr. Andrews: No, I'm not saying that. Mrs. Gordon: Oh ye:, you are, Paul. Mr. Andrews: No, I'm not. Mayor Ferret Now I'm going to interrupt and I'm just going to say I'd like to say something at the appropriate time. So now Paul, you want to say something and Rose, you want to say something and I'll recognize both of you but I want you to know so that you son't. get upset that I also want to say something after the both of you. Paul. Mr. Andrews: What I'm trying to say is that if we knew that we could acquire the F.E.C. property tomorrow and on the assumption that the price tag was $20,000,000, only assuming that just to deplete all the funds that are avail- able, how would we develop the balance of Bayfront Park and th! F.E.C. tract which would take perhaps 7 to 8 million dollars to achieve? We would have to go to the same kind of funding source that I'm saying that we'll have to go to in order to acquire the property. Mrs. Gordon: But Paul, you're missing the point. The point is when you take title and you own the land you control it. Now we're saying that if we spend our money now and we can't take title we might have a trailer park forever more. And I don't want to gamble on that, I don't want to take that chance. Mr. Andrews: Well, I recognize that ultimately that's the decision that the commission has to make. We're not asking at this point in time that this City Commission commit any expenditure of funds. Mrs. Gordon: But you're not committing but at the same time you're moving in that direction and at what point are you going to reverse yourself? Mr. Plummer: Well, that's not the only thing. When you say we're not.spend- ing any funds - these people don't work for nothing. Mr. Andrews: Well, we've already committed them to a contract unless we want to stop their contract. Mr. Plummer; Paul, can I say this. The re -doing of this area in my humble estimation for 31 million dollars is not going to make or break that F,E.C. property deal. Ok? Now I understand that and I agree with it. I just for the last 2) years have been, you know, that cry in the woods that we're not being realistic. Now I'm just looking at the fact I know dunned well we've MAR 2 51975 spent a lot more than $135,000 already trying to pursue that other ptopetty. The day is around the corner where the decision is going to be made, maybe a year, maybe two but I don't want to be sitting on this commission again where we twin a suit and we're saying to the public, "We've got to withdraw because we don't have the money:" I just don't life that. Mayor Ferret I don't think that's going to happen and I'm going to tell you in a little while. Before I do that I want, there are a few technical questions t want to answer. Are you including that fountain in your proposal? Mr, Andrews: Yes, sir. Mayor Ferre: Are you bulkheading the full line all the way down? Mr: Andrews: No. Mayor Ferre: Bow fat are you bulkheading? Well all right, that point beyond... overlook. Now why don't you go that far? How much is the cost of that? Mr. Plummer: In other words, why did you put it out over the water when you could have put it on the land? Mr. Armbruster: It's another special feature of trying.... Mayor Ferre: I think it's better contoured that way than a straight line but I just want to see how much it is going to cost. Mr. Armbruster: $80,000. Mayor Ferre: I think you ought to include that, that's my personal opinion. Mr. Andrews: That's about the point at which we join the original .,horeline also. Mayor Ferre: All right. Mr. Plummer: Well wait .a minute, Mr. Mayor because I want this on the record. Mr. Crouch has made the statement back here that 31 million dollars of the bond issue was committed to re -do this portion. Mr. Andrews: Oh yes. Mr. Plummer: I've got no qualms. I've got no qualms at all. If that's what the people voted on, fine. Mr. Andrews: I want to say for the second time because I said it once before that I think the commission woulc, be remiss in not doing something in Bayfront Park because that was...part of the bond issue. Mayor. (" r re : Ahmen . Mr. Plurmmner: Well, I didn't know that this portion was. Mrs. Gordon: Mr. Lloyd is going to have a report on where we stand on the F.E.C. property this afternoon and I think yes, the bond issue included improvements for the park, the bond issue included Ball Point, the bond issue included the acquisit- ion of land of F.E.C. So in some way or the other we're not going to fulfill all of the the bond issue said and I believe we should defer this until after we have t•tr. Lloyd's report this afternoon. Mayor Ferre: Now that's fine, but I want to tell you my opinion and then whatever the majority wants to do is ok with me. My opinion is that we do, I think Rose is absolutely right that we have to get a set of priorities in everything. Now to me this bird in the hand, the question of making a decision Father that we have here, this is something that is in hand. It is going to cost 312 million dollars, it was part of the bond issue, it was earmarked in the bond issue for 3 million dollars for improvement of Bayfront Park; these people have studied it, they've come up with I think a viable recommendation. I think that we ought to listen to the F.E,C. problem but that in no way in my opinion impairs the sense of priority that we ought to give this one that we can move on right now and since it was a part of the bond issue as J.L. just pointed out or asked for 3I I think we ought to move on it. Mr. Plummer: Now Mr, Mayor, I'll be glad to move. Now I'm going to tell you it MAR 2 51975 this is fbr only for negotiation. Correct? Mayor Fetre: Yes, this is final. Mr. Plummer: I do have one objection to the plan as presented and I will be in objection to that outward dining room, the 300 seats unless I know mote about it. I just stated that for the record. Mr. Andrews: To assist you in that area, one of the other areas that I must get together with the restaurant people to go over that entire plan with them and find out how it'll go together and when we've done all of that then well come back to the commission with a complete plan. Mrs. Gordon: Mr. Mayor, Mr. Manager, J.L., i respectfully ask you to defer this item until after we've had a report from Mr. Lloyd•this afternoon. Mayor Ferret i would certainly go along w: th that. Mr. Andrews: May I excuse Mr. Armbruster if he leaves his plan here? think I can answer the commission's questions. Mayor Ferre: Are there any questions regarding the plan? I've got a question regarding the plan. Paul, and this is lust a personal opinion of mine and I don't know who else shares it or who disagrees I haven't talked to anybody about it, until we improve Biscayne boulevard that park is going to be only 20% of its potential because when that park really comes into its own, is not when you have amphitheatres and beautiful walks and fountains and overviews and restaurants; when it comes into its own is when people feel the need and the attraction from walking from the First Federal Savings and Loan Building into the park for an afternoon stroll or for lunch. That's when that park, that's when it's really going to be successful. As long as people feel intimidated by that park and not being able to use it then I think its not reaching its full potential and I really think it's an obligation of this city, of this commission to improve Biscayne Boulevard along with improving the p,irk and I really think we've got to address ourselves to that because... Mr. Plummer: Well., 1 think that H. ,e difte,ront ball game even though it is still compatab l e . Mayor Ferre: I just wanted to make, that comment into the record because I really feel very strongly about that. Mr. Andrews: Since you introduced the subject, I didn't want to have the Off - Street Parking Board get apprehensive about this whole area but I dc. plan to discuss the off-street parking in the area of the park and on the boulevard with the board. We're going to have; to make some adjustments as far as Biscayne Boule- vard is concerned. Mrs. Gordon: So we'll take this up this afternoon. Right? Mayor Ferre: Yes. �;; MAR 251975 CHANGE ZONING CLASSIFICATION LOT 7,8,9 NtH, WKS SUB FOR PUBLIC PARK mr FIRST READING ORDINANCE DEFERRAL OF SITE DEVELOPMENT PLAN Mayor Ferre: Ate Oleic any objectors present? Are there any objectors to this park? Obiettors? Eight. now many of you wish to speak today? How many objectors want to be heard? I will not recognize you later on unless you raise your hand now. Three. Ok. Now how many proponents are here? Proponents for the park? Now how many of the proponents wish to speak? Now We have a problem; the problem is that there are only three opponents who Wish to speak and there are about 10 proponents who want to speak and I've got to give them equal time. So let's see if we can cut that down a little bit. Can't you work it out where you will have maybe three or four speakers rather than ten? Mrs. Gordon: Mr. Mayor, may I point to your attention there are a great Marti more proponents than there are opponents and that's why you have so many more people who wish to speak. Mayor Ferre: I realize that hut the point, neverthless is that I've got to be fair in the allocation of time on both sides and if I give... All right, how many of the proponents wish to speak, really have to speak? Four. Is that it? Nobody else? Five. You have to spi ak:' You really have to speak... Mr. Plummer: Mr. Mayor, may 1 maybe offer a compromise situation? Rather than you delegating "X" number of minutes to every person, you give the objectors 15 minutes and the proponents 15 minutes and Let them delegate their own time. Mayor Ferre: Yes, but what happens that way is that with the three it's very easy cause they'll be five minutes each. But with the other side when you have 6 you're going to get in trouble because Stan is going to speak 5 minutes... Mr. Plummer: That's their problem. Mayor Ferre: It isn't their problem because it's our problem and then I'm going to have to extend them somebody else's time. The fairest way is for the Chair to do it. You'll have to forgive me for taking that prerogative. Now there are four opponents that want to speak and six proponents. I'm going to give you each 15 minutes. So... Mrs. Gordon: May I make a point 1:.efore any of the discussion because it is relevant to what we have just discussed prior to this. Mr. Manager, was this piece of property in the bond issue? Not the property acquisition but the devel- opment or what part... Mr. Andrews: I'm getting the program, Mr. Eades has gone to my office to get it and I'll be able to answer your question in a minute. Mrs. Gordon: It was a delineated portion thoug'i in the bond issue. Mr. Andrews: I'm not positive. I don't want to be... Mr. Plummer: Also for the record which 'I will furnish to the Clerk at the con- clusion of this portion, I have here which was presented to me initially a petit- ion signed by 83 of the residents in opposition to the park. I'll present this to the Clerk. Mrs. Gordon: If it was in the bond issue, the bond issue passed by an over- whelming majority. Mr. Plummer: Rose, let me just tell you what the whole crux is and maybe we can eliminate a lot of this problem. Mr. Mayor, what has been expressed to me even the objectors, I don't think are opposed to a park - they are opposed to the type of mark that is being proposed. In other words the objectors the way I read it, and I'm not trying to speak for them, but I drew from their conversat- ions that ,they are in favor of a passive park, not in favor of an active park. I think that is the crux, Mayor Ferro: Let's hear from both the proponents and the opponents. Now Mr. Acton, do you want to say anything quickly? Mr. Acton: Yes. Mr. Mayer, this is the site of the old fire stations that was razed and it was recommended for development as a small park in the Planning Study for Coconut Grove to serve basically children. Mr. Plummer: That was in the bond issue? MAR 2 5 1975 Mt. Andrews: No,.. Mt, Plummer: Well where did that conversation come from? Mr. Andrews: What has happened, I'm gettin information down from my desk tight now. The sequence of events to the best of my knowledge was this is City of Miami property, it was not specifically included in the bond issue. The task force which took the allocation in that particular district had rearranged expend- itures in such a way that moneys would have been available for deveLoptnent... Mrs. Gordon: Does that fit in under mini -park developments in neighborhoods? Mr. Andrews: I believe so. Mayor Ferre: Now Mr. Andrews, you get the exact wording and then well take it up becasue otherwise we're taking up valuable time and I want to tell you we're not going to have lunch today at the rate 1•e're going. I just want to tell the commission that now, unless we start movinc. Let's hear from the proponents first and you will each have 21 minutes and a half minute discretionary time. So will you put the timer on. Mr. Wayne Allen: Mr. Mayor and members of the commission, my name is Wayne Allen. I live at 2222 S.W. 27th Terrace A. I'm appearing this morning really in two capacities before this commission. Appearing as chairman of the Parks for People Program District 9 and also as a director of the Tigertail Associat- ion. I would like to remind the commission I sent each of you a letter setting forth in detail how this park was developed as a part of the Parks for People Program. This park along with the Incinerator Park were the two parks which we task force and the public hearing which was held in Coconut Grove developed as additions to the plan that the Parks Department had originally developed for use of the Parks for People money. So I pointed out in my letter and I strongly feel that if this commission were not to follow through with this park you would be in affect saying that all of the effort that went into development of the Parks for People Program and the was really for naught and you had citizens come to public hearings and come down here and ask for development for their input as to what should be developed. Now I have here a petition, and there are other people that are going to speak which will present additional petitions which have been signed by residents of the area in general residents of Coconut Grove who feel the need for the development of this particular park and neighborhood child- rens' parks in general. On these petitions...if you count them, I didn't count all the children, but I think you'll find about 124 signatures on these petitions. Now the complaints I've heard about this park, let me say that going back to my past year as the past president of the Tigertail Association, this park was a project of the association; a committee actually worked on a plan and presented it to the Parks Department. And over a span of two years when this.plan was being discussed and we had the plan at our meetings while there were objectors who stood up and did make comments about it the overwhelming majority at these meetings did support it and during this whole period of time I did not receive one phone call or one letter as president of the assocaition in objection to this park. Now the development of the park, and I have the plan here and I don't know whether the people objecting to it have been down to the Parks Depart- ment and reviewed it and really know what is going on here. But in develop- ment of this plan one of the prime considerations of the members of the Tiger - tail Association in wupport of this was the development of a park which would supply first a need which we recognized in the community that would satisfy this need (1) and (2) was to try to develop a plan that would provide the most protection for the residents of this general area. Now the plan shows heavy landscaping around the entire perimeter. The major part of the plan itself is taken up with tricycle paths, climbing beams and climbing mounds and things of this nature so there wouldn't be any heavy play areas that could be developed where you would have team type sports where you could have baseballs flying in peoples windows and this type of thing. It is designed as a tot park, a child- rens park and I think the people who are down here opposing it might not really be aware of this. I don't know whether they've studied it but I certainly think that this is a park which has the general support of the community. I would urge the commission approve this rezoning. Thank you. Mr, Plummer; Mr. Allen, may I suggest before the next speaker that you give that to the people who are the objectors and let them look at it. Maybe there is the problem. Let them pass it among themselves. Mayor Ferre: All right. Now if any of you want to cede any of your time to some other speaker you feel perfectly free to do so. Who is the next speaker? MAR 2 5 1 75 Mr. Stahley Johnson: My haltle is Stanley Johnson, I litre at 2031 Secoffee Street. I'd like to point Out merely that this property has been in contintj- ous use by the conlMUnity for over' half a century. It was originally the town hall of the village of Silver Bluff and subsequently a Miami Fire Station and polling place so that the use by the public and especially the people of that area is well established. The decision of the Tigertail Association of people in the area to support a children's playground on this property was reached nearly two yeasts ago at a meeting over here at St. Stephens. I believe Mrs. Gordon attended. It was a substantial majority vote of the members of that association of the people attending, was based on the understanding that the park then planned and now completed along the bayfront which is generally near that area would not contain ahv playground facilities for small children that the size of this property limited it to a use which would be in scale and that the development of passive recreational facilities for small children built to a scale that would limit its use to small children and would not be incompatable with the neighborhood and would actually serve a need for a playground facil- ity. At present the nearest area which small children can play is at Coconut Grove Bayfront of Peacock Park, a considerable walk away. The Bayfront Park has been more recently developed requires the crossing of Bayshore Drive, heav- ily traveled, hazardous so there is a need in the area; there are a large num- ber of families in the area with small children and no place for these children to play, no safe place. I recognize the concern of the opponents that the use of this property might bring a hundred people into the neighborhood. I would hope in examining the plan they will recognize that the recreational facilities planned are very passive. There are no noisy recreational devices there and by limiting the scale and number of these things to small children the danger of having large unwelcome groups coming into the area is reduced. Thank you. Mrs. Gordon: While the speaker is coming forward, note that the adjacent prop- erty owners are in favor, they're the most affected of all. Mr. William Jacoby: Mr. Mayor and members of the commission, my name is William Jacoby. I live at 1946 Tigertail Avenue. I am vice-president of the Tigertail Association. I want to get very quickly into the nature of some of the object- ions that have been raised to myself and to other members of our organization. There is the fear that a park will breed crime. We have seen this in the news- papers in parks that have been considered for construction in Ether parts of the city the residents around say, "Oh, it is going to be a hang out for hippies, there's going to be crime." I think that this a fear reaction, a react- ion that is not really based on the experience that this city has had with its parks. I have checkeche records of the City of Miami Police Department as to the docket on the new Kennedy Park down on Bayshore Drive, there was a lot of fear among residents of that area that it would be a hang out for the "Undesirables". There have been no incidents on the police record in the last year and a half - that's either accident or offense from the new park down on Bayshore. It's a quiet tranquil park that is giving no trouble to the community and despite the fact that some of the residents immediently adjacent asked for anti -crime lights along the canal which were installed, the fear has not materialized. I took the opportunity to investigate the experience of residents at another park; I looked for a park that would be similar in use and the intent and a residential setting. I luokrd for a park that would have proximity both, I don't want to say good neighborhoods and bad neighborhoods but neighborhoods that are trouble free and also neighborhoods that are trouble prone, and the park that I selected was J.C. Park which is on Hardie Avenue a block or two in this way from Dixie Highway. J.C. Park is about 4 or 5 times the area of the park that we're concerned with here. It is a park that has picnic pavilions and a certain amount of playground equipment and is surrounded immediately by residences and I thought this would be a good example. I spoke to a woman on Hardie Road, I have her name here if anyone wishes, this woman has lived across the street from J.C.Park since 1949. She's a former teacher and an assistant High school principal, she has grown children, she _states that one of the reasons that her family chose to move into that house was the existence of the park across the street. In all of the years that she has bean watching the flow of human lives come in and out of this park, and I think that the flow of lives is a beautiful thing in itself and she agreed, she has not seen one single incident where police intervention was necessary. There was a phase about 3 years ago when young people probably from the univer- sity she thinks were meeting over there every once in a while to smoke pot; this a large area with lots of open ground space and that was natural and then that just stopped. That was a phase that the young culture was going through and it is not a problem anymore; there were no busts, there were no cop cars coming in = It just evaporated, that's all, She has seen many lovers meet in the area with never a problem, She sees women bringing their women in to play in strollers, she sees Cuban families come down for birthday parties and hang MAR 5. 197 . a pinata in the picnic pavilion. The thing is uneventful but it is a part of the flow of life and I think that this part, if there would be some sound it would be the sound of children laughing and yelling. 1 think the sound of kids at play i.:; one of the beautiful things that we s,hc'ttld keep among us rather than put finer them in ,r closet_, telling them t c) be quiet. Ms. 1;rideett Rose: My n,vite is itridclett Rose7, i live can 2001 Secoffee_ Street.. I have another number of petitions here, 37 adults; and 52 children. These people live all in the immediate area can Tigertail, Natoma, Secoffee, Seminole Street. 1 have been living 5 years in this neighborhood and I have seen a trema. endous increase in children. Young families move into this neighborhood, older people move out and I think this is a good, this tendency is here to stay and I think if we have this park which is really needed in this area for these young children this is going to encourage more families to move in. I have have talked to a number of opponents and they have either said, well you don't need a park for children here you have all big yards, but then we could cut out a lot of other parks in the city. If you look on a map with parks this is about the only area which doesn't have a park where small children can walk to. Some other opponents have said there are going to be so many children there's going to be so much noise - I wish they would make up their minds what they fear really. I also think if we don't, we have to spend a lot of time figuring out what this property could be used for and T think the one outstanding quality is the big banyan tree and we all agree that this should be preserved. Now I don't think there is any other use are}'body has come up with for this property and if the only other possibility would be that the city would get rid of that property and I don't think we want that. Ms. Margaret. Pearson: We11, 1 just want to repeat mainly the other things that other people have said because they've brought up most of the things - my name is Margaret Pearson and C live at 2220 S.W. 213 Street which right across the street catty -corner from the park. I feel in sympathy with object- ions of the objectors but as .t mother of tachildren who brings them outside everyday I really can vouch tor the fact that it is an important park for us. Anybody who has tried to cross Tigertail and Bayshore Road to go to the Kennedy Park with two kids on tricycles will know what a hazard that is. Other people have said that 22nd Avenue is not such a great place to have a park because there is a lot of traffic there. On the other hand, it's just a feeling that you know that it's a lot easier to cross 22nd Avenue and this would be an ideal place if we were to say that there can be no parks on major streets and we would have to get rid of Dante Fascell Park, for example, which also a very great park for children; when we have the option of taking the car we go there. But it would be so nice for the many children that are moving into the area to have a place where they could meet err a neutral ground and not have to... would just be able to have a place where they could meet each other and go home. And if people are worried about security ::ay that the ague of the level of these children you would have monitors, in t:hat the mothers are going to shoo the others off. It happens in every park. If there's a 12 year old that's using the slide it's incompatable with your 5 year old and you have to come up and speak for your five year old, you do it at Flamingo Park, you do it at Dante Fascell and you do it in the Grove. I: would also like to say that the people who are worried about it being a drug area in the Grove, you couldn't begin to compete with Peacock Park to begin with but people don't go dealing around the swings and the seesaws. They have to go away from where there would be the mothers and other people sort of supervising and overseeing them. So I would just like to say that I have submitted my two petitions to Wayne earlier and I believe that you have them and we went around and we tried to make a point of counting children. But even people who are grandparents like to have a place where they can bring their grandchildren when they come to visit... Mr. Plummer: You know, Mr. Mayor, it's such a pleasure to have people fighting for and fighting against something that's great rather than something that we usually see here. Ms. Janet Freesenbrook?: My name is Janet. Freesenbrook? and I reside at 1725 Wa-Ree-na Drive. I really have few points to make that haven't already been made but there are many young people moving into the north Grove area. The area has a wonderful balance of all ages now and in order to keep the balance and in order to keep the trend of re -vitalization of the area I think it is very import- ant to make the area as desirable as possible to nes young people who wish to refurbish older homes and make the Grove as desirable a place to be as it can be. The nearest park that young mothers with children can go to is in the Gables over in the Morningside Park is a long trek. It is very dangerous as Mrs, Pearson said to go all the way down to the Bayshore, the new park on Bayshore. It is very difficult to go there alone with one or two children because there is MAR 2 5 1975 no one else around, It is a big open park and one feels not particularly safe there. So for that reason we feel there really is a need for a small packet park for children. We also feel very very very a very important point is that it really is a historical site which was used for public service and that it should remain an area of use for public service and I'm sure that old and young would enjoy watching well supervised children play there. There ate Po side- walks on Tigertail Avenue, there are not many sidewalks on the streets that surround that entire area. There is no place for a young child to be trained to ride a bicycle, to ride any kind of a push toy and therefore a p,rk with walkways is very important for the development of a young child, We don't feel that. the undesirable elements would be attracted there. Their points of meeting are really pretty much establie:hed around areas; where there are eating establ.i shment s, areas where there in an ebb and tide of. ,activity and action other than a eltilds' park. So as a spokesman for many people in the north Grove we feel that the park is necessary. 'Thank you. Mayor Perko: Thank you. Are there anymore speakers as propone•nte? If not now we'll listen to the tour- objectors, t iv , objector:;, six objectors, Do you have to speak too? Ok. First objector. Mr. Bob Taylor: First of all, let me say that I'm in the middle, I'm not on either side. My name is Bob Taylor, I live at. 25th ...and Secoffee Street and just built a house there. I think the main thing I don't have anything against the park perse, I've got a little girl that could use a park and I talked to some of the people who are in favor of putting a park in but I think you've got to consider one main thing. If you put a park in, I don't care how you design it there you can make it for little kids, big people or whoever you want but you''ve got to have someone from the City of Miami supervise that area, I think once the word gets out, I don't like Lc use the term hippies or whatever you want to call them, but when I. leave my house in the morning they're hitch- hiking from Key West to Miami all the time, they're out there on the road. I think a place like this if not supervised right i:; going to wind up into an overnight stop once the word cots out there is a park there. That is one thing that crosses my mind and to correct some of -.her statements people in favor of this park have said, there is a mini -park it's up in Shenandoah Park. I don't know if they see fit to bring themselves down to go up there in the Latin area to ;use it but it's only a couple of blocks up the road and they've got all of those facilities. There is also a beautiful park on Bayshore Drive which I use all the time. I put my little girl in the car and it takes me one minute to drive down there, park and use the park. Now I don't have anything against the park but I do urge you if you put a park in there let's get some supervision in there to keep undesirable people out. I don't care what you say or how you build it they're going to drift in there and eventually take the thing over or you're going to have some problem in there. Mrs. Gordon: I have a question to whoever can answer from staff. Have there been any complaints, there have been no children's equipment in there, have hippies been occupying the property? If they're not occupying it now it's vacant land, why should they come and go on the slice? I can't imagine them wanting to do that? Mr. Taylor: As you well know, I think the beautiful park down here by the library you go down there just about any Sunday or any other day the park down on Bayshore is more or less a hangout, I've got- nothing against the long hair beads or anything else but that's the type of people it's attracting. You've got parks down there that are very useful and I don't- see the need for another park in the neighborhood. I'm not opposed to it, I'm for it in the sense if it can be supervised yes, I think it is very worthwhile. But just to throw up a prk up there and then a year later look hack and you're going to have people saying my God, the thing is full of people; they're going to be back down here yelling at you I believe. Mrs. Charles K. Lonsdale: My name i:; Mrs. Charles K. Lonsdale. I live at 2801 S.W. 22nd Avenue which is the property immediately adjacent to the north. Mrs. Gordon: May we see that map again, please? Mrs. Lonsdale: My apprehension about this, Rose, during the last meeting here when I found that there was no safeguard for supervision or for limiting the age of the visitors there. During the past we've had a lot of commotion in that park with youngtaters without their parents who would be really vandal- izing anything left there. For instance, a car was left there and they were stripping it. It was a fine looking car but they just completely stripped it. I went over there and said that's not your property. They said it's not yours Jti MAR `a n 1975 Mrs Gordon: Would you be kind Enough to indicate where you're located on that map? Mrs. Lonsdale: Number 9, 8 and '), the yellow. Oh that's the park, we are 6 and 7, number G and 7. We are right next to the park, yes. Mrs. Gorden: Were you in favor of it before.? Mrs. Lonsdale: Yes, until the last meeting here. I'm all for vest pocket parks and I'm all for tot lots. I'm all for children, I. don't have any. Mrs. Gordon: Well waht is your apprehension then? Mrs. Lonsdale: Because t really don't see tray safeguards for the protecticn of the neighbors. Mrs. Gordon: Would they give you that protection? Mrs. Lonsdale: No because the fence isn't very tall. I could easily, any active youngster could easily climb over the fence. The fence is not tall. Mayor Ferret I think she's got a point: but that's al. matter of changing the fence. Mrs. Lonsdale: The fence was _just installed bu4 it's not a tall enough fence to be really... It seems likes such a :;hcne to have to put in a whole new fence but it is not _just: that it's that I have heard of, at. the last: meeting is when I really became apin:ehensive about it because there are youngsters, lot 7 is vacant and we want to landscape it but I don't know whether to landscape it with prickly things now or what.. 1.'d hate to do that because I like children. Mrs. Gordon: Oh, 1 want to say... Mrs. Lonsdale: And really 1 am .ihprelsen:;ive about this. One reason why I am is because is a small park which 1 think is awfully awfully nice but this also encourages more, Less protection that the park across the street, the Kennedy Park because that is so open and well lit. I think people would tend to feel more safe over there than the ema.l 1 ei ... Now 1 like vest pocket parks and I'm really all for them but in this case .. If we could have supervision there or some way of keeping it so that it was for smaller children or is there another use for they park. I think i t should stay with the city too but I'm really apprehensive now about the protection for the neighbors. Mrs. Gordon: I understand your appre'heneion, it's a real cause of concern and not your objection to the childs' park. Ok. UNIDENTIFIED SPEAKER: First of all sitting there I felt a little bit resentful of the fact we older people are being moved out of the trove as if we were some sort of undesirables because we don't have children. Mayor Ferre:Nobody feels that, way, really. UNIDENTIFIED SPEAKER: Well, this was sort of expressed that as long as you have children we should have parks and the older people shouldn't worry because they're a nuisance because they worry about noises, they worry about crime. I would like to have some of these younger people available when the crimes are committed in the neighborhood when my neighbor is being robbed six times when she goes out to do her shopping for an hour and meanwhile somebody is in the house vandalizing. There aro o couple of questions I'd like to ask. First of all, why do we have to have parking spaces if this park is supposed to be for the immediate resident:; of the area? Mr. Acton: I'm sorry, I didn't quite get the question. UNIDENTIFIED SPEAKER: Why do we need parking spaces for a park is supposed to be for the immediate residents of the area? Mr. Acton: To accomodate those individuals in the neighborhood who would like to take their children in cars for safety reasons, other reasons to park there, As one of the ladies mentioned you know there are very few sidewalks in Coconut Grove especially along Tigertail and it might be more of a convenience to allow therm to drive if they so des.'.re. 3 MAR251975 411 UNIDENTIFIED SPEAKER: Well, it also makes it very convenient for some of these undesirables from any part' of Miami or Dade County to bring their cars and supervise the area more clos!ly if they want to rob in the neighborhood. Incidently, I should identify myself, I'm Norma Post and I live at 2061 Tiger= tail Avenue. It's on the corner of Emathla, it is lot 4 which is about 150 feet from the park. Another objection I have is the fact, the spending of Money; they're telling us, for instance, that this doesn't cost us anything because they already have the funds. Well, we're the ones that are paying for these funds and if we're going to create this kind of a park which will in the future as somebody indicated need supervision, this means we're to incur mote costs: With every park we have to have supervision, we have to have police to clean the area out at night. I have saen areas where the police have had to bodily evict people from some of thrsc parks. The park down by the bay I have seen benches made available for these people and they take the benches and throw them in'the Water. These are the kind of undesirables that I don't want in my area and I also don't want this great expenditure cf money because it's making it impossible for we older people to stay in the area when our taxes are being constantly increased and increased. It's nice to have all of the advantages but it's getting to be a little bit too costly for us. Mildred E. McFarland: Mr. Mayor and members of the commission, my name is Mildred E. McFarland, I live at 2779 S.W. 22nd Avenue and the owner and resi- dent of the property since 1937. I believe that the proposed mini -park in this area will be an annoyance to the surrounding taxpayers. As I understand there will be no control over this park so who or what is to control the activity and the noise and the litter created by such a park. Who or what is to protect the children from running out into the busy street as busy as S.W. 22nd AVenue? Who or what is to protect them from an accident or even death in doing so? Who or what is to control the undesirables who could use this place for a rendez-vous such as a motorcycle gang...? And people you know are considered children until they are 18 years of age. Who or what will protect the lawns of near -by tax- payers from parked cars or... I notice the plan calls for 6 cars. Who or what will protect the taxpayers from the annoyance of powerful lights used all night or the resultant dangers if there were no lights? Who or what will protect the taxpayers from subsequent devaluation of property? Therefore, I oppose any such intrusion on my property rights. I am a member of the Coconut Grove Civic Soc- iety, I am a member of the Tigertail Association and I in no way approve of their judgement in this case. Mrs. Joseph Dolan: My name is Mrs. Joseph Dolan. We were the ones that drew up the petition. The first question or the one... Mayor Ferre: Excuse me, Mrs. Dolan, your address. Mrs. Dolan: 2215 Lincoln Avenue, we border the corner there. The reason that we thought we were not going to have enough people here to oppose it was that we thought when we sent in our slips to the Planning Commission, and I'm sure there were a number that wrote in why they did not want this; when we were not recognized too well at the Planning Board they gave up - I'm sorry. Since the time when Mr. Dolan Came down here and asked for this to be reviewed we have changed our mind entirely in not wanting a park there at all. There is no reason to have a park there, they have not finished Kennedy Park. If there is money to be spent then spend it down there. If these people need to trans- port their children to a park they can just as well transport them to Kennedy Park where there is plenty of room. The children enjoy places where they can really tear off. There is plenty of places they have already provided bicycle spaces. There just isn't enough room over there for it to qualify for a kiddies park. We are very much against it and we ask that this not be reclass- ified for a park. We think it is for a residence. Our homes around there are all well taken care of and we do not need this to be a park. Thank you. Mr. Dan Dolan: My name is Dan Dolan. I own the property at 2860 S.W. 22nd Avenue which is lots 11 and 12 on your map. In reviewing this situation, my folks attended the Planning Board Advisory Committee I note that they only passed a resolution of recommendation by a 5 to 2 margin. Obviously it wasn't exactly and overwhelming factor. There is a park only a matter of a few hun- dred yards away and getting down there doesn't seem like a tremendous inconven- ience. We all .are very much concerned about the possibility of a so-called poor environment it might create in the area. Parking spaces don't make any sense, Six parking spaces for the entire neighborhood would only encourage people to come hoping they can get a spot and then park on our lawns, We do not know as far as supervision, is there any provision for supervision of the park? Are there any funds provided? Mrs, Gordon: is there any supervision in Wainwright Park? MAR 251975 Mayor Ferret No. Mr. Plummer: Rose, you know, let's use a fair comparison. Th, ansWer is no but that's not the same kind of a park in any way shape or fort,,. Mrs. Gordon: Well it's a park, it's a small park. Mr: Dolan: Morningside is a little different area, a little more protected, segregated. We're close to the highway there; this place is going to be attracted by the very people going down to Kennedy. What is the provision for lighting at the park? Will the lights be on all night? M. Plummer: Well, Mr. Mayor, Danner, I don't want to deduct froth his time... 1 want to catch the City Manager's ear and Mr. Jacoby, I hate to bring this up after your fine dissertation, sir but let me tell you as a commissioner the one thing, Mr. Manager, that I have been plagued with letters, phone calls - keep those cards and letters coming. And I think that this is the.time that we ought to do something about it; who would have ever thought that Merrie Christmas Park, and I don't know of a more exclusi'e if you can use the word section of this community, those people are saddled with undue problems, undue. They call me... They have got to the point now where they refuse to call the Police Department and it's mainly over the people that are in the park and they refuse to leave at 10 O'Clock and I think this has been a fine example of hav- ing a park that is not supervised and I'm going to put the impetus on you right now, Mr. Manager to have the proper parties whether it be the Parks Department or what it is to go to Merrie Christmas Park everynight from now at 10 O'Clock and close it. Now these people are being driven crazy over there and I'm scared, I'll tell you something, if I vote for this park today there is only one way I would vote for this park and that is it's got to have supervision and that's until 10 O'Clock at night when it's closed and the only other stipulation is that it could be put in with a 6-month or a 1-yea review. Who knows what these people might, at the end of that year they might not want it either. Because I've said all along I'm wholeheartedly in favor of a park but I think the problem is in the way it is going to be developed. You know you made a joke before, somebody did about well hippies don't slide down slides. Well, friend, somebody hasn't been to Peacock Park and somebody hasn't been to Merrie Christmas Park because they sure do and they deny the children the use of them. Mr. Jacoby, I'm not; look, we can't put a sign on the fron of that park and say nobody but 6 year olds accompanied )y a parent can enter. We can't do that. You know these 18 year olds, they'll come right out and tell as 21 year olds, hey, that's public park and I've got as much right in there as any- body else. And you know, unfortunately they're right. Mr. Dolan: ... Could you tell me whether or not the park will be lighted all night? Mr. Andrews: Where there is lighting provided, now whether we light it all night or not is another question that would depend on a lot of circumstances, what the reaction of lighting it all night would be to the entire neighborhood. It would be better if it were lit all night. Mayor Ferre: I disagree. Mr. Andrews: But there is lighting provision in the park and there is super- vision that will be provided in the park. Mrs. Gordon: Ok. In other words it will be treated in the same manner as the other parks. Right? Mr. Andrews: Yes, but in the sense that recognizing that this is a small neighborhood park and you won't carry on the kind of programs Mr. Plummer: Wait a minute! Right to this point, Mr. Mayor, I'm sorry now. I don't want any misunderstandings, Paul. We're not putting any Smokie the Bear in there or pulling him up from Kennedy Park. We're going to have a man in the park on a full time basis. Mr. Andrews: Yes, Mr, Dolan: I conclude simply by saying that children do not drive cars. If it's a children's park let them briny their bicycles and enjoy it. I don't want them parking on my lawn in addition to that, Parking would only encourage more cars than the park can use. As far as the lights at night I did not know that we would have supervision and I agree that I think lights at night would t, 3 MAR 2 51975 draw a huMber of people there and into a rowdy state. Our proposal is based on two parts, (a) and (b). (b) would be the site development, the planning: If you decide to go ahead I would request that you approve part (a) which is the changing of zoning and consider these other elements such as the parking and lighting which is part (b). Mts. Gordon: I'm going to make a statement and I'd like to make a motion but if someone wants to speak before I do the- 's alright. Mayor Ferre: Well, let's wait until everybody makes their statements and then after everybody is finished making their statements if the administration has nothing else to add to it then I will recognize you for the purposes of a motion. Mrs. Gordon: All right, thank you. I just want to say that, and I speak mostly to the objectors, I think I honestly understand your apprehension, I really do. But I feel that after this park is in there and you have seen the happy little children that have a place to play and the joys that go along with it, I'm not trying to be dramatic but I feel it in my heart I've worked for day care centers all over this city, I think you're going to be one of those that are going to come hack and tell us, well maybe you won't. But personally I think it's the greatest thing that could happen. I wish there was one in my neighborhood right next door to me. There's vacant land, if somebody wants to buy it and develop it into a little park I will be the happiest grandmother in town. I just want to let you know that. Rev. Gibson: Mr. Mayor, may I ask; the opponents raised some questions about the height of the fence and about how long it is going to be open, to say what time it will close. I rather like that gentleman's attitude about this matter, the last speaker. I think if we can answer, if we can satisfy some of his concerns we may not be in a bad position. And I think somebody ought to answer. Mr. Plummer: Father, can I tell you what I'm going to propose? I'm going to propose exactly what he said. I'm going to vote in favor of the park and defer the plot plan until all of the refinements that have been brought out here this morning can be met and then we at a later date will vote on the (b) portion. Rev. Gibson: Let me end my remark, Mr. Mayor this way. I agree with you, sir. I can't see if what they're telling us that this is a park for little children little children really don't drive cars and it wo..ld not be a bad idea if momrna and poppa took them by the hand. I think that ought to be done and I would kind of like to satisfy your thinking a little. Mr. Reboso: I agree basically with Commissioner Plummer's recommendations and I also want to state that one of the main problems that we have here in the city is that we don't have enough of these mini -parks. I am for mini - parks, I think a solution should be arranged but definitely I am with the park. Mr. Plummer: Mr. Mayor, my comments wi,t1 be as I have stated basically I am in favor of the park. I have small children even though it's not within the reach of my children I can appreciate the needs of the othedrs. I will vote for (a). I will make a motion to defer (b) that a meeting be held with the Planning Department and the Parks and Recreation Department and these people that are affected to put into the refinements to come back to this commission at a later date. Mayor Ferre: All right, my feelings are as follows: There is always a problem when you're trying to satisfy diverse views in the community. On the one hand you have the rights and I think it is a basic American right for people to live in peace in their homes. We have that right. I think I'm one of those people that still believes that every man's home is his castle and I think every American has that right. Unfortunately not enough Americans have that right at this time. On the other hand you have the other side which is the need for the general good of society as a whole. Sometimes these things come in conflict and the question then is how can we satisfy the will of the majority those most people without really doing disservice to the right of people to live in their homes in peace? You see everybody wants parks just like everybody wants roads or rapid transit. We're going through this in rapid transit. Everybody wants rapid transit but nobody wants it to go near their home. Now I don't mind having rapid transit if it goes in your neighborhood but I don't want it in mine. See? So now the question is but where do we put the rapid transit. Nobody wants it anywhere. Everybody wants it but nobody wants it to go through their street, So you see we in government then have the problem; we know it MAR 2 1975 has to go somewhere. So we've got to decide what's best for the majority of the people trying to safeguard the rights of individu<<1s. Now# let Me tell you what I will not vote for and what I will vote for. I will hot vote for this plan the way it is presented now. Now I will vote for a park but there has to be I think some very basic provisions on that: (1) I think that fence, I'm sorry that we went to the expense of putting it up. It has to be much higher. I think that lady has a right to have privacy in her home. I think that fence has got to go up. (2 I think there have to be limitations as to how long the lights are on. YOu know I don't think anybody would object to it if the lights were on til 8 or 9 O'Clock. But I don't think anybody wants lights on at midnight. The people in the neighborhood don't really want to use that park at night and I think lights are going to do nothing but attract people into it. If you turn them off I think most people will stay out of the parks. (3) I happen to think that this is truly a neighborhood park which is what it is supposed to be then there should not be any parking provision thedre and if you have to walk two or three blocks or somebody can drop you off in the car or you can go on a bicycle - i_'s you neighborhood park and 1 would elim- inate the parking provisions of it. Those are the three things that I would see that I would think would help to safeguard the peace and tranquility. Now for the lady, and I forget I think it was ... For the lady w1.o spoke about the older citizens or the elder citizens as compared to the yc.xnger citizens I'm going to tell you that this commission and Mrs. Rose Gordon has been more concerned than anybody else I know of in this town for the rights and the priv- iledges and the respect that we should have for our elder or older citizens. And nobody, this is not a question of taking preference, it's not a question of saying well, the kids have it over the older people. It's just a question of trying to service the most people with the most amount of good and I will plead guilty to being utilitarian in the way 1 see things. I think that's the respon- sibility that we have in government. We can't please everybody but what we have to do is please the majority without infringing on the rights of the minor- ity if that's possible. I hope that we can achieve that in this case. UNIDENTIFIED SPEAKER: Mr. Mayor, could I have just one minute? In order so both sides don't have to come back and we don't get into a situation as you mentioned prior to this where we have grandios plans that never get started we've mentioned three items that are in contention, the parking the fence and the lighting. I think we can probably resolve thcse right here and now and I'd like to do that. I'm sure, I'm not saying I'm sure because I haven't polled everybody, but I don't think the parking is crucial to us, the fence I'd hate to see the city go to the expense now. Could we possibly establish the park with this and come back in a year on the fence. I'm just raising the question. Mayor Ferro: I don't know, I think these people have the right to nave that protection. UNIDENTIFIED SPEAKER: I don't object to that, I'm just saying to save the city the money. The lights, I'm sure that can be worked out to whatever is happy, whatever makes the people that surround the park happy. We don't view it as being used at night so I don't see any problem with that. Mrs. Gordon: May I ask a question of a lady who lives next to the park? Because you .trr' the one that abuts it. The fence height was raised by you, is it important for you to have a higher fence right away? INAUDIRIJ'. Mrs. Gordon: Try it with the way it is now and then see how it goes? INAUDIBLE Mr. Plummer: You can't do it, no way. The park is open to all people. Mayor Ferre: All right, this lady wanted to say something. INAUDIBLE. Mayor Ferro: Why could it not be locked up at night?• Mrs, Gordon: Why it should be, should be locked, Mr. Plummer; She makes a good point, Ma's, Gordon: I think it should be locked at night, If it's a tot park and tots aren't going to play in the middle of the night so I agree, We would like it, 7 MAR 2 51975 Mr. Plummer: But you see, Rose, this is the very reason.... Mayor Ferre: Wait, don't interrupt her, let the lady finish. INAUDIBLE Mayor Ferre: You're talking about Kennedy Park? You know, as far s I'M concerned it's finished. I li)e it much more the wLy it is than to try cluttering that park up. INAUDIBLE Mayor Ferre: All right, Mr. Plummer wanted to make a statement then Rose Gordon then I'll come back Mr. Plummer: Mr. Mayor, the only statement I wanted is that all of this input is I think what is needed and I see no reason with a two week delay where all of this input is put into the package and then come back to us in the right legal manner. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF S 4' OF LOT 7, AND ALL OF LOTS 8 AND 9 W.H. SNIPES SUB (3-107), LOCATED AT APPROXIMATELY 2800 S.W. 22ND AVENUE, FROM R-1 (ONE FAMILY) TO R-R (PUBLIC PARK AND RECREATIONAL); .'ND BY MAKING rHE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND. DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PAITS THEREOF IN CONFLICT; AND CONTAINING A SEVERABIL- ITY PROVISION. Was introduced by Commissioner Gordon and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mrs. Gordon: Mr. Mayor, I would like to move that 7 (b) be designated a tot park with plans to be Mayor Ferre: Wait a minute, we haven't voted yet. Just hold off now, I'll recognize you in a little while but now I recognize you on 7 (a), PLummer wants to be recognized on & (b) and then you can argue about how you want to do it. Let's call the roll on 7 (a) now. Mrs. Gordon: Mr. Mayor, I would like to ask you, Mr. Plummer, I asked the Mayor before if I may make the motions, he said yes. Mayor Ferre: I recognized you on 7 (a), you made the motion. Plummer also asked me to be recognized on 7 (b) and I told him I would recognize him. Mrs. Gordon: A11 right, then I will address myself to Mr. Plummer. I believe, Mr, Plummer, you will probably think this is the proper procedure. The people that are her today who are in favor of the park are here specific- ally hoping to avoid the problems that the objectors are here today for and that is to keep out undesirables. Therefore, I belive that this commission should express intent today to have the kind of park that would be the least attractive to "undesirables" and designate this by resolution as a tot park, a plan to be developed and brought back to us for approval in the next two weeks. MAR 251975 Mt. PlUMter: Mr. Mayor, I'm going to make a motion to defet (b) until it can be refined to eVeryone's... t defer item (b) for refinement and input from both the objectors and the proponents to le brought back to this cot- tnission at the next meeting. Mayor Ferre: Well, would you accept the designation of the park as a tot park? Mr. Plummer: Well, I don't think we have such an article and if that's what you want fine but you know you can designate until hell freezes over but here again let's recognize reality. That is that you can say it is a tot lot but there's no way to police and keep people out. Mrs. Gordon: It still expresses our feelings of the kind of development we would like to see happen here and that it not be some other tennis courts or whatever. We like it to be used by little children and therefore, I'd like if you will include in your motion a direction to the department so they know how to move' that this be delineated a tot park. Mayor Ferre: I'll tell you why I agree with Rose on this. You kno.v sometimes things become what people call them or people become what others say they are. You know it doesn't always happen; I can site you cases where the opposite hap- pens because it goes against the nature of the animal or of the material. But I think a lot of times, you know if you say this is a tot park and put tot park on it people will react to it that way. So why not try it? If it doesn't work it doesn't work but it's certainly worth a try. Mrs. Gordon: Will you accept that in your motion and I'll second it? Mayor Ferre: What? Mr. Taylor, you don't like tot park. Mr. Taylor: INAUDIBLE. Mayor Ferre: There's not a lot of difference between tot and pot he said. The difference between tot and pot is a "p" and a "t". INAUDIBLE Mrs. Gordon: Right, well those are the things that are going to come up in the next two weeks but. I'm simply setting a policy now so they know what direct- ion to move in. Mayor Ferre: Mr. Taylor, I happen to agr,ae with you. I don't think there ought to be any lights in that park for that very same reason and I think the neighborhood would agree. Mr. Plummer: Well, one of the things they can consider, Mr. t,ayor, if we're going to have and maybe we've been derelict; maybe we ought to have a designation of parks as childrens' parks that would be closed and locked at sundown and that's one of the proposals that they can put into their input into this thing. UNINTELLIGIBLE Mrs. Gordon: All right. You moved it I seconded it it be deferred and delin- eated a children's park. Mr. Plummer: Fine. Thereupon the preceding motion, introduced by Commissioner Plummer, seconded by Mrs. Gordon was passed and adopted by a unanimous vote. MAR 2 5197 13 . PROCLAMATIONS, PLAGUES, CERTIFICATES OF APPRECIATION A. Presentation of plaque to Roland P. Joynes, Motor Pool Superintendent, Department of Public Properties, on his retirement after RECOGNIZq DRi MICKEY DEMOS TO DISCUSS THE UP AND COMING BOXING MATCH BETWEEN M I AM I AND VENEZUELA IN APR I L. Mt. Demos: This is a tittle different on the foremat from what I've been listening to all morning. I'm not here to complain about anything, I'm here to compliment and also to announce. Last month we had the regional Golden Gloves Tournament held at Flaq_ler Kennel Club. The Golden Gloves is sponsored by the City of Miami and also py Coconut :;rove Cares. We have the largest and Most successful Golden Gloves Tournament in the united States. This went.on for four nights and we had 136 bouts. This has gained national publicity. Next year the national Golden Gloves Tournament is going to be held here in Miami. The Golden Gloves is sponsored) by the City of Miami and its through the City of Miami Steering Committee, J.L. Plummer, Vice Mayor who has done a tremendous job in supporting amateur boxing in Miami. In addition to Golden Gloves you know about the Wednesday night bouts right n.axt door. I'd like to compliment the City of Miami Commissioners for their support of amateur boxing in the community and also for gaining recognition throughout the country. We expect three national television. matches in Miami which will give a great deal of recognition to the City of Miami and I'm quite proud to be associated with this endeavor. I believe in amateur boxing as an honorable sport. It is very important in the development of our youth and it's one way to discourage drugs, alcohol and bad habits very quickly in a young boy. I"d also like to announce that on April 2nd the Ve ne::uelan Olympic Boxing Team is coming to Miami to box the Florida regional champions right next door in the Elizabeth Verrick Gym. I would like the support of everybody in this endeavor. Also, we're having on April 26th our Golden Gloves Boosters award Banquet which we will show the films of the national tournament that evening and we also need support there. So at this time again I'd like to compliment Commissioner J.L. PLummer and Mayor Maurice Ferro through his assistant Frank Cabo who has done a tremend- ous job in putting on this tournament. I also would like to compliment another woman in addition to Elizabeth Verrick, Rose Gordon who is also quite a fighter and she is on the City of Miami Boxing Steering Committee. So I thank you for taking this time to listen to me. Mayor Ferre: Thank you, Mickey, we're always honored to have you and I want to tell you that you're proud of your city and I want you to know that your city is proud of you and that we're happy that you really dedicate so much of your time to a cause that really has done a lot of good positive things for the City of Miami. At this time I would like to volunteer both J.L. PLummer and Frank Cobo for any of the bouts that you may want. Mrs. Gordon: Dr. Demos, I want to add my compliments to you for your devot- ion to the cause and for all it's doing for young people. You are fantastic, you are a guiding force. C. Proclamation of April 13, 1975 as "Dia de Guaimaro" received by Miguel Torres, President and Donato Torres, Treasurer, of Municipio de Guaimaro en el Exiolo. D. Presentation of Proclamation "Women's American ORT Week" received by Esther Belfer, chairman of ORT Day membership drive. E. Presentation of Proclamation "Semana de Juan Ponce de Leon" accepted by Jose Luis Arnaiz, president, Casa de Espana. F. Presentation of retirement plaques to: John H. Whaling - Sanitation Department J. D. Williams - Sanitation Department Truitt H. Sears - Public Works Sylvia Yundt - Public Works G. Presentation of commendations to Dave Balkin and Ed Williams for their efforts in Third Annual Tour of Coconut Grove. MAR 2 5197 • 8, PISCUSSIOEh $iKE PATHS VELLADROME, BOY SCOUTS LUMMUS PARK Mt, Dave Balkin: I was asked by the Mayor to be brief, to tell him what't wrong with the bicycle path and to make this presentation about the velladrome. What do you want to start with first the brevity, tho velladrome of the bicycle path? Mayor Ferre: Start wherever you want but be quick. Mr. Balkin: The bicycle path, what's wrong with it is that it attacts a lot of debris because cars go along and there is nu respect shown for it Li some respects. Mayor Ferre: Let's cut through it real quick. Paul, in some places and I'm trying to remember where in this community I've seen a little bump made out of asphalt which really keeps cars off but it's not that dangerous. In other words if somebody gets up on it they won't crash or. anything. Is there anyway we can put some kind of a maybe 6 inch demarkation where there's a rise there with a line so that people know that they're not supposed to... Because what happens is over by Noc-a-tee or Alatka that whole thing narrows beyond that light. You see, that two lane road narrows and it's very dangerous. I've seen cars driving on the bicycle path. Mr. Plummer: Mr. Mayor, let me only say this, I concur with you there needs to be something but. I am very concerned about a six inch asphalt that people will get their tires up there and losc control of their cars. I'm very concerned about that. As a matter of fact, I think they're illegal in the State of Florida. Mr. Andrews: We're conscious of some of these problems, Mr. Mayor. In fact, Mr. Grimm has had the Metro Traffic people ride the entire bicycle path there to make recommendations as to what the city can do to improve the rideability of the... Mr. Plummer: The only thing wrong, Mr. G.-imm had Ray Goode 300 pounds and Danny Fascell heavy and there were no bumps involved when those two got on the same bicycle. Mr. Balkin: If it is possible I would like to take some time ind meet with Mr. Andrews and talk about the bicycle path because there are a lot of very minor things that can be improved. It's not a great amount of cost it's just a matter, I think of a little education and then we can discuss... Because there is a multitude of problems with the path. Mayor Ferre: All right, I would really like to get someone who is a professional at all of this who knows the business li3:e Dave involved in this, Mr. Andrews. All right, let's go on to the next subject then. Mr. Balkin: Well, this is the vlladrome. As you know the City Commission voted 4 to 1 to build the velladrome the last time we met, we were here. The sites have been recommended by the Planning Department and by the city. I've been in duscussion with all the people involved and I thought the commission would like to know what sites have been proposed, what sites have been rejected and just where the proposal stands. These first two sites are Dinner Key; one is adjacent to the auditorium. The velladrome is approximately to scale, it could be placed adjacent to the auditorium. I am told by the Planning Department there is no problem with either of these two locations. The City Manager and the city admin- istration for I suspect some valid reasons rejected these two locations in Dinner Key out of hand because they felt that this was not the proper location for the facility. There are some advantages to putting a facility like this here. First of all again we talk about for the cost of a city building a swimming pool, the same kind of effort that you have international recognition on a big scale. You don't have to build as extensive a facility because you've got sup- porting areas around. The third site and the one that after meeting with Mr. Cliff Hays, and he can correct me if anything I say is not what he said, this is Norris Cut and the velladrome is placed at the tip of it just for illustration purposes. This shaded area here is the sewage disposal plant, this is the county land, this is the city land. Mayor Terre: Dave, let me stop you righ there. You see where that water stadium is? Now let me ask right down from that, why can't we put it somewhere in between the parking lot and that new Sea World thing because then we could take advantage of that parking. 44 MAR 251 7 Mr, Andrews: Mt. Mayor and meMbers of the commission, there's only one thing wrong with all of these plans and that is that we're taking something that does not have to be located hear the water and we have so few parcels of property that ate adjacent to the water and I would like to work with the county and pattieelarly bring this project up before Ray Goode and see if there isn't soft property in the county, we're limited because we're trying to find City of Miami property. Mayor Ferre: Ok, but let me tell you something about just because it's hot water oriented doesn't mean necessarily that it wouldn't be a beautiful thing to have on a place where there is some breeze and you could over look the Water as you're watching this sports activity taking place. Mr. Andrews: But Mr. Mayor, this thing is built in such a way that it has a high embankment in order to build it properly...tell us how high it is. I'm not down- grading in anyway, I'm just trying to find the proper location for It and I think that there are other locations that are available but not necessarily on City of Miami property that would make a suitable site for a velladrome. Mayor Ferre: Paul, the one thing that I don't want to be responsible for, and I'm sure my fellow commissioners share, I don't want to give anybody a run- around. In other words, if we're not going to do it we're not going to do it and I think it is the will of this commission to put up a velladrome somewhere in this community. Now we've already, it's been 6 months since we first heard about the matter and we have really got to come to a conclusion. Mr. Balking Well I agree with that because you know I feel the same way, There are a lot of good intentions here but it has been 6 months; there's a lot of valid reasons. You know the water space is available and I understand that maybe water activities would be better but this is a very inexpensive thing to build with proper management and I would like to get involved in the management of it. I think that there could be contracts similar to what Angelo Dundee does for the beach; it can be promoted in several areas professionally. A 20 foot lane is planned for the center of it which can be used for educational purposes to teach people riding techniques and if you give 11 and 12 and 13 year olds a chance to ride a bicycle with some respect attached to it maybe they will when they reach the age of 16 pick a bicycle rather than an automobile when they can't afford a thousand dollars insurancE and whatever it costs to buy a car. We're not trying to force people wno don'.t want to ride bikes, all of us are trapped into automobiles including in some respects myself but there is a whole educational process that can be attached to this velladrome along with making money. And it has been 6 months, the commission did vote to build it. This land in Norris Cut which is not my first choice is certainly could prove the merit of the velladrome because if anything could attract a crowd out there that would be it. Mayor Ferre: Let me ask you a question. You know Robert King High Park? You know where the kids have that picnic area way in the back, there's an area which is... It's used as a Boy Scout campground but you know that's used maybe 5 or 10 times a year as a boyscout campgrounc and this isn't that big and it wouldn't take that much. How about that location? Mr. Andrews: We can examine that area. Mayor Ferre: A lot of parking and it's right next to an expressway. Mrs. Gordon: Mr. Mayor, I think that sounds like a great idea especially since there is an indication perhaps that the city might be interested, at least the soil is suitable if the commission so decides to use Lummus Park for a campground beginning with the Bicentennial the Boy Scouts are interested in it and I think their idea is very good. Mayor Ferre: Well I tell you we've got to get on with it. Mrs. Gordon; Could we explore that, both things the Lummus Park for the Boy Scouts and Robert King High Park for the velladrome? Mr. Plummer: Paul, how about that shopping center on 7th Street and Red Road? Mayor Ferre; Oh no, we sold that 10 years ago, That's about par for the course, let's see 7 years behind time, We sold it 7 years ago. Mr. Plummer: Let me tell you one thing I don't think any of you thought about and maybe its not, But Paul, let me give you an idea that you; might be able MAR 251975 41/ to consider, You know to tIty knowledge, there is only one 1$tge tract ih this city unused and I don't know that: you could even broach it but I think the Worst you could qet is a ho. the property I'm thinking of is from 36th ttfeet south and from N.E. 2nd Avenue West, Now you take it from there. Mayor Terre: You're talking about the F.E.C. railroad tracks? Mir. Plummer: I didn't say that, I said the property south of 36th Street and west of N.E. 2nd Avehue. Mayor Ferre: Who owns that? Mr. Plummer: We don't know but he has a locomotive hat. You know I'M just saying broach it; the worst that could be said is no. Mayor Ferre: I'll tell you the price that they're asking for it and it isn't a bad price, $10,000 - not bad. Dave, anything else you want to add? Mr. Balkin: Well, I'm sitting here and I'm listening but I don't understand... I'm looking for a positive way to get something built that I knoW can add a lot of benefit to the City of Miami. Mayor Ferre: When will you come back, Paul? Mr. Andrews: we can do that in two week, and come back and look at the Robert King High.., Mayor Ferre: We'll see you in two weeks. Mrs. Gordon: Will you also come back with the Lummus Isle, for the Boy Scouts otherwise you're putting the Boy Scouts out you'd better have another alternate. Mayor Ferre: The biggest Boy Scout use of that is in the Jose Marti Jamboree and I've been there and seen it and they've got plenty of space left over. It isn't jam packed. Mr. Plummer: ... How far is that track around? Mr. Balkin: I think it is a 500 by 200 foot track is what it requires. I'm not quite sure. Mr. Plummer: Yes, because if you pout it in that back area what we're really talking about, you can have I'm sure some type of a situation where you could gain access into the center of the thing and really what you're doing is putting the track around the perimeter. So we'll have some kind of an answer back from you Paul, at the next meeting, the loth of April. Mrs. Gordon: There is another area to explore and if Dave and the bicyclists agree is the Tropical Park where the race track was because you have the grand- stands there already for the people to view and perhaps you might want to explore that if you get Dade County to give us the land. Mr. Balkin: They have plans for that. MAR 25197 B RING k OLUTto1� SAN MARCO H I GNWAY t MPR V Nt H I36 The following resolution was introduced b• ,'ex rtin ioncr ??&soy t•tho moved its adoption: RESOLUTION NO. 75-267 A RESOLUTION ORDERING SAN MARCO HIGHWAY IMPROVEMENT H-4368 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS SAN MARCO HI;HWAY IMPROVEMENT DISTRICT H-4368: AND ALLOCATING THE AMOUNT Off' $5,000.00 FROM THE HIGHWAY BOND FUND FOR PRELIMINARY EXPENSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. 10, ACCEPTING COVENANT BRICKELL BAY CLUB The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-268 A RESOLUTION ACCEPTING THE FEBRUARY 3RD, 1975, COVENANT TO RUN WITH THE LAND FROM BRICKELL BAY CLUB, AND DIRECT- ING THE PROPER OFFICIAL 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 Gibson, the resolution was passed and adopted by the following vote - AYES: Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. 11, ACCEPT COMPLETED WORK COCONUT GROVE MARINA MODIFICATIONS 1974 The following resolution was introduced by Cnmmisai.oner Gibson, who moved its adoption: RESOLUTION NO. 75-269 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY DOCK & MARINE CONSTRUCTION, INC., AT A TOTAL COST OF $8,560.00 AND AUTHORIZING A FINAL PAYMENT OF $8,560.00 FOR THE COCONUT GROVE MARINA - MODIFICATIONS - 1974. (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, Rev. Gibson, Mrs. Gordon and Mr, Plummer. NOES: None, ABSENT: Mayor Ferre. MAR 251975 12. ESTABLISH ANNUAL LOCKER. AND PERMIT FEF__FOR ADULTS TENNIS FACILITIES AT HENDERSON AND MOORE PARKS AN ORDINANCE i NTI 't1I D= AM ORDINANCE AMENbING ORDINANCE 8245 (CODED A SECTIbN 39-=3 OF THE CITY OF MtAMt CODE) By ESTABLISHING AN ANNUAL LOCKER AND PERMIT FEE FOR ADULTS FOR USE OF TENNIS FACILITIES A'r HENDERSON AND MOORE PARKS; PROVIDING FOR ITS INCLUSION IN THE CODE OF THE CITY OF MIAMI, FLORIDA; REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING THAT IF ANY SECTION, CLAUSE, OR SUBSECTION SHALL NOT AFFECT THE REMAINING PROVISIONS;' PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 27, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: nr. ^eboso, ^.ev. Gibson, '•rs. ^or'o- an "r. rlum er. NOES: None. ABSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8377. 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. 13, ESTABLISH FEES FOR USE OF HENDERSON AND MOORE PARKS RAISE ADULT COURT FEES FOR NON RESIDENTS AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 8245, CODIFIED AS SECTION 39-3, OF THE CITY OF MIAMI CODE, ESTAB- LISHING FEES FOR THE USE OF HENDERSON AND MOORE PARKS TENNIS FACILITIES IN THE CITY OF MIAMI BY RAISING ADULT COURT FEES FOR NON-RESIDENTS; FURTHER PROVIDING SEVERABILITY; AND FURTHER PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 27th 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: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8378. 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. MAR 251975 411 USE nF JnPANESE Gnhllra AT WATSON PARK 14, ESTABLISH DENTAL FEn AM ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING RENTAL FEES FOR USE OF THE JAPANESE GARDEN AT WATSON PARK; PROVID- ING INCLUSION IN THE CODE; PROVIDING SEVERAB= ILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 27, 1975 Was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, secondt,.rl by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8379. 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. CITY OF NA OLFICOURSES 15, IMPLEMENT 6 MONTH PILOT SUMMER MEMBERSHIP AN ORDINANCE ENTITLED - AN ORDINANCE AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO IMPLEMENT A SIX-MONTH PILOT SUMMER MEMBERSHIP PROGRAM AT THE CITY OF MIAMI GOLF COURSES, FROM MAY 1, 1975 TO OCTOBER 31, 1975, PROVIDING FOR MEMBERSHIP AT A RATE OF $100.00; CONTINGENT UPON THE USE OF AN ELECTRIC GOLF CART; FURTHER PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of February 27, 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, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8380. 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. 46 MAR 2 1975 16, CLAIM SETTLEMENfi-SHARO'V WILLITS The following tesolution was introduced by Commissioner Gibson Who Moved its adoption: RESOLUTION N0, 75-270 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE AMOUNT OF $1,000 TO SHARON WILLITS IN COMPLETE AND FULL SATISFACTION OF THE JUDGMENT ENTERED BY THE U.S. DISTRICT COURT, CASE NO. 73-920-CIV-CF, IN FAVOR OF SHARON WILLITS AND AGAINST 14t POLICE OFFICERS M. AHEARN AND E.R. MOSHER. (Here follows body of resolution, omitted here and oh file ih the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer, NOES: None. ABSENT: Mayor Ferre. 17, AMEND SECTION 39-24 OF CODE FORREASE PARKINGEOFOR AUSEASON P TOMOBILESRMITS ORANGE BOWL STADIUM T\1 onnT :RoT7r ""."Tri",rh_ AN ORDINANCE AMENDING ORDINANCE NO. 823S AS CODIFIED BY SECTION 39-24; SUBSECTION (a), OF THE CODE OF THE CITY OF MIAMI, FLORIDA BY INCREASING THE SEASON PARK- ING RATES AT THE ORANGE BOWL STADIUM FROM $40.00 TO $60.00 PER PASSENGER CAR; FURTHER AMENDING ORDINANCE NO. 8236 BY ADDING A NEW SUBSECTION (e) TO SECTION 39-24, REQUIRING PASSES, TICKETS AND RECEIPTS TO ITEM- IZE THE CHARGE AND SALES TAX; REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAIN::NG A SEVERABILITY PROVISION AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Gibson and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Mrs. Gordon, Mr. Reboso, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. 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. 47 MAR 251975 PERMIT' PUBLIC Ass to 1 � tRAILEk BOAT sORAGE FACILITIES MARINE STADIUM IMPosING A PRE OP $30,00 Etc, a The following resolution was introduced by Commissioner Plunneri who Moved its adoptions RESOLUTION NO. 75-271 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH A FEE OF $30.00 A MONTH FOR EACH DRY.LAND TRAILERED BOAT STORAGE SPACE AT THE MARINE STADIUM TO BE UTILIZED DURING DAYLIGHT HOURS SPECIFIED BY THE MARINE STADIUM; FURTHER AUTHORISING THE CITY MANAGER TO ESTAB= LISH REGULATIONS NECESSAF:Y TO ASSURE THE COMPATIBLE OPER, ATION OF THE STORAGE AREA WITH OTHER USES OF THE MARINE STADIUM GROUNDS. (Here follows body of resolution, omitted here and oh 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, Rev. Gibson, Mrs. Gordon and Mr. Plummer.and Mayor Ferre. NOES: None. ABSENT: None. NOTE: Mayor Ferre entered the meeting at 2:34 P.M. 48 MAR 251975 19, PUBLIC HEARING - DOWNTOWN ZONING STUDY = 1973=1985 Mayor Ferre: Before we get into item 4#9, Mr. Andrews, on my way downtown and on my way back, I drove up 22nd Avenue and I saw that mini park and t want to quickly express,a very simple opinion, No. 1, I could throw a stone from that park and h. t Kenn !dy Park. Mr. Plummer: That is right. Mayor Ferre: Now, I think it is absurd, really absurd, fous to be spending city money on parks in neighborhoods like that when i:here ate other parks within a stone's throw when 1 can name you right now,/and I am not a professional planner, I could name you 20 different places in this town that desperately need parks. Mr. Andrews: I agree with you Mr. Mayor. We had this all proposed for sale , we had a bid offer, went throigh a public bidding process, -- preserve the tree in front and everything, but the expression of the public was not to dispose of the property and turn it into a park. Mayor Ferre: I am against it, and when the people come back again I am voting against that park. I am amazed that we are going to spend that kind of money in a park, ---- Mrs. Gordon: What kind of money are we spending Maurice? Mr. Andrews: It will he $56,000. was our bid to put all the ameities into that park that is needed, Mayor Ferre: I am not voting for it and I am telling you right now, I don't care what happens with the neighborhood, I am not going to vote for a park within literall;, within 200 yards of another park, when we have such a need for need for parks in the N.E. part of this town, we have a tremendous need for parks in the western part of this town, when we need desperately parks in the Little Havana are -- Mr. Andrews: You could dispose of that Property and take the money and the Commission could designate that for some other Park purpose . Mr. Plummer: Let me express something real quick like. Mr. MaYor as you might recall in the last commission meeting I ask the manager to prepare a Position paper on the acquisition of the church property at Dixie and 22. Now that would Put it about 10 blocks away from Kennedy Park and also I think the big objection would come which would be would be easy to overcome and that is there are no children's equipment provided in any park and just whatever equipment you were going to buy and put it in Kennedy Park rather than in that other park. Mrs. Gordon: Are we back on the park subject without the people who are concerned? Mr. Plummer: No, he said he was going to vote when it came. Mrs. Gordon: As long as you both expressed your own opinions I am going to express mine. I think this is letting down a neoghborhood that worked for two years to design what they want in that area. It was delineated a long time ago in parks for people program, and I think it is an unfair thing for us to take it away after giving them an assignment. Mayor Ferre: I think that is a valid argument. I am expressing an opinion that I drove by, I didn't realize how close it was and I think it is very unwise planning for this community's money to go into that. I apologize for bringing up the subject, MAR 2 5197 Mrs. Gordon: Maurice also J.L. mentioned that there was no children's facilities available in the Kennedy Parka It is More a mature park. Mr. Plummer: Rose just for your own information, I just checked with the Manager who checked the park bond issue; it was not included. Mrs. Gordon: It was included in the parks for people planning committee's assignment, therefore they were assigned. to look into it and to work on it. Mayor Ferre: Let's come back to it come other time.Now we are going to take up Item 9 which is a public hearing on the downtown Miami 73285 urban development and zoning plan. Mr. Acton: Mr. Mayor and members of the commission as you recall the commission appointed four committees to study the down- town plan as prepared by the firm of W.M.R.T. -their recommendations were sent to the city commission quite some time ago, and in attempt to digest the recommendations the administration has sent on to the commission the two page summary of w.lat the four committees recommended to the commission trying to highlight just those key points made by each committee. The purpose of today's public hearing is to hear from the consultant Mr. David Wallace of the firm W.M R.T. and to also hear the Planning Advisory Board's re olution passed on to the City Commission approving the downtown zoning plan in principle. So without further ado, I would like to introduce Mr. David Wallace who will make the presentation to the Commission and answer any questions that the commission might have pertaining to the plan, so be followed by those chairmen in the audience that represent the four committees, whatever comments they would like to make. Mayor Ferre: How many chairmen do we have here today? I see Mr. Hollo, we have two co-chairmen, Mr. Acton: They were all invited Mr.'iayor. Mayor Ferre: Let me understand what the procedure is so we don't get mixed. Mr. Andrews are you expecting for us to vote on this today. Mr. Andrews: No, sir, what I am expecting the commission to do is to have this review process take place, take this plan under consideration, it has to be referred back to the Planning and Zoning Board and then there will be meetings held on May 21, May 18 and July 2nd, then it will come back to City Commission for final judgement. Mayor Ferre: Who selected these dates? Did you select these dates George? Mr. Acton: Yes, at the Planning Advisory Board, yes, --this is a public hearing before the commission to hear this plan. It was adopted in principle by the Planning Advisory Board and sent on with the recommendation to the City Commission. Mayor Ferre: Why do we have to have more hearings on it? Mr. Acton: The process we follow, as you know we follow also in the Coconut Grove Plan, served by the Planning Adv. Board, sent on the City Commission to adopt it inprinciple before you adopt, make whatever motion you want to make pertaining to the plan. Mayor Ferre: The point I am trying to snake here is we are not doing anything but following the normal established procedures ---, we are not either deviating from that procedure nor creatlmg u MAR 251975 a special procedure outside, 1s that clear to everybody, 1 see some frowns here, Mona you are frowning, These things take a long titie 1 think that is what is called public exposure, Mayor Ferre:(repeating unidentified speaker)-- -why do we have to wait till July-; that is a good question, Mr, Andrews: Because there are scheduled four meetings of May 7, 21 June 18 and July 2nd to do exactly what you ire saying, to get the proper public exposure, This is a significant undertaking in the City. Mayor Ferre: The more important these things are the more public exposure. We went through a process with that thing that Rose worked on for two or three years. Mrs. Gordon: Charter change? Mayor Ferre: A year? Mrs. Gordon: It took a full year. Mr. Andrews: Almost 15 months. Mrs. Gordon: First the task forces worked like the committees worked and there were some public hearings and in between ---- Mayor Ferre: How long has the coconut Grove thing taken? Mrs. Gordon: -not so long, it hasn't been that long. Mr. Acton: You are talking abcut the public hearing process? Mayor Ferre: From the beginning, --- Mr. Acton: -you started about a year and a half igo at least Mr. Mayor. Mayor Ferre: The Brickell Ave. study took a year a half, Coconut Grove has taken a year and a half, the Planning and Zoning Board took a year, these things take time. We are now into our second year, Mr. Plummer: I'll be darned if we are. We are into the 3rd,-- when did this thing start. This thing started over 3 years ago. Mr. Acton: The consultant's recommendations were presented to the commission a year ago last January. Mr. Plummer: And they were hired 18 months before that? Then they had an extension? It is over three years. Mrs. Gordon: It was a long time that Revitz waited to get his approval and we are waiting on a report. Mr.Andrews: You remember, we waited for 6 months for the transportation aspects. Mr. Plummer:The answer Mona, there is too much procrastination, that is the answer. Mayor Ferre: Mr. Wallace we are happy to have you in our midst again with our appology, you are getting used to all this, --I think you have made this presentation before even though Paul Andrews said you hadn't, Mr, David • Wallace: Mr. Mayor and members of the commission, ladies and gentlemen, I am David Wallace partner of the firm of Wallace McUarg, Roberts and Todd, I would like to introduce my partner Richard Huffman who will join with me in the presentation and to introduce Forrest ?who for several years was in our San Francisco office and is now opening our Miami office as project director of the Miami Comprehensive Neighborhood Dev, Flan, By way of a small commercial, our offices are at 2575 S. Bayshore Blvd, and J4 MAR 251975 our No. 2 and No. 3 staff people are Miami resilents. So with that preface 1 Will begin with this presentation of the prociss by which we evolved the basic plan of which the zoning map plan are implementing procedures. Stattiftg with ,(Ism going to move this over if I might), and simply refer to some of the background material which is in the report itself but which is not in the su nary which you have in front of you. First of all in terms of long=range regional projection, we feel that in spite of the current recession and the temporary down -turn, we hope temporary down -turn in business affairs, that the regional projections which are shown on this chart are reasonably valid.•This shows incidentally a 1973-74 downtown employment of about 45,000 with an increase in that employment over the period of the next 10 to 15 years, but a declining share of regional employment. That is there will be an absolute increase we feel in downtown employment. Mayor Ferre: Do we have those charts in our book here? Mr. Wallace: Yes you do Mr. Mayor. This is simply the regional population chart that essentially is the back-up and parallel chart that goes <<long with that regaional employment figure. Mayor Ferre: What page is it on. Mr. Wallace: Page 50 Mr. Mayor. This chart simply shows above the bar the current downtown employment and I would perhaps like to focus on the approximate 4.3 million sq. ft. of existing office space, below the bar is the number of employees in each of those categories of office, retail, hotel, residential and the like. This map which is also in the report simply shows, if we might say competing the other attraction centers that are growing, out at the airport, N. Miami and etc. and this was taken into account by our economic consultants Gladstone Associates who prepared the actual forecasting figures, and we have had recent occasion to talk to them, they are going to be working with us, with you on the comprehensive Neighborhood development plan, they feel that their long-range forecasts are still valid. One of the problems and opportunities of downtown Miami which is this area here on the map, is that it really is part of a kind of regional spine that goes north along the bayshore, south along Br.ickell Avenue, so that we did take into account the extent to which --the extent of this relationship as well as the relationship of the downtown area to its immediate neighborhood to the west and northwest and southwest. This map shows functional areas, part of the background material of analysis. This is a map of the existin; structures in downtown, shadowed in so you can see them. Mayor Ferre: I wonder if you could leave that for a second because I want to make this point. If you will all look at that map, I think it is interesting to note that from the expressway over, where there is water along the river up to the port, with the exception of the DuPOnt Plaza building and the new YWCA and of course the Florida Power & Light stuff over next to the expressway, there is really a belt that wraps around the downtown area. Part of it is public and part of it is not. Mr. Wallace: We have a series of other maps that show land use break downs, retail offices and etc. I show this one because it is important in terms particularly of the goals of the downtown plan and zoning plan, it shows the current residential and as you can see there is a cluster of residential neighborhood on the northwest side. The remainder are scattered both transient and in some cases permanent housing, some of it low-income and needs to be dealt with a good deal of social sensitivity in terms of low-income families. Mayor Ferre: Wouldn't you say that is mostly low-income? Mr, Wallace: Yes, our analysis shows it was mostly low-income but stable. It is not a transient population; it is a stable population. Mayor Ferre: Because it is stable is because most of the people that live there can't find houses anywhere else. In other words what I am saying is that is the lowest economic level in this community. Mr, Wallace: I had occasion to talk to Mrs, McIntyre. We were talking about skid -row, and we are dealing with skid -rows both in Los Angeles and New Orleans, and in our opinion this is not a•skid--row per se, It does not have the blood bank, the missions. Do you have a blood bank here? 4 MAR 251975 Mayot Verre: Do you remember Graucho Marks in the progtam when he said, and the duck would come down when you said the Magic words Weil the duck just came down. And while you mention the magic word, Mt, Andrews you have to really schedule that plazma bank item on the agenda in the nett month or so. We can't hold off any longer. L think we ought to set a dead line of say, April on that. Mr. Wallace: The structural analysis went through what we call the suseptability change, structures that are large, expensive new, or Important in terms of any historic classification other than residential I excluded the residential from this analysis. This shows what we call the long range , the things around which, rather that are likely to stay here in the long range future and therefore are agivens around which such things as transit planning need to be designed. And then the other side of that is areas that are most susceptible, that is the reverse of this process of analysis that shows areas that are really occupied by one or two story buildings that may be in and of themselves important to their owners and undoubtedly are, but nevertheless don't occupy expensive space. You can see the pattern here including the area you mentioned before which is largely open down here along the Miami river. Putting that together with the probability of new projects, we went through the evaluation of the what we call probability One, those things that are already financed, were under construction as of the time we did the study which included One Biscayne, as well as probability two, those things which were at that time proposed such as the development of the park here, but had not yet been financed but since have been financed, in probability three which included all of the other kinds of structures, all other developments that we anticipated, coming out of the Gladstone study. Mayor Ferre: Mr. Wallace, since we have a more definitive demarcation of the proposed rapid transit line, does that substantially affect your con- clusions in any way, because your line is somewhat different. Will that have an impact on your plan in any way. Mr. Wallace: I believe it will sir, we have not had an opportunity to, nor been asked to study the proposals that Kaiser Engineers has made in detail. We are familiar with what that: line is. Mayor Ferre: Before we adopt this, we, not you, it might be you, I don't know, it is up to the Manager, really have to study the impact specially if this commission adopts a little bit later on and it will be within the next few weeks, if we adopt these changes you are going to recommend to us today, it will substantially affect, ---- Mr. Wallace: Dick Huffman is going to start discussing the transportation section and perhaps he can address that question right now. Mr. Plummer: Mr. Wallace let me ask you a question, sir, at any time I am still fully confident that Claughton Island will be developed. I think that personally when the appeal is taken, I think it is going to be given the go-ahead sign, --at anywhere in your study did you include the impact or give any consideration to Claughton Island because it was the contention of most everyone that spoke including most members of this commission, that it would be one of the sparks for re -vitalizing the downtown area. It does have a tremendous high density, but it would have an impact on the downtown area. Did you take into consideration at all Claughton Island? Mr. Wallace: At the time we were doing this study, there were some, - I would say not definitive plans, we knew the bridge was under construction, we knew that there was a configuration that Vhoores, the Claughton Island consultants, were proposing for the connection for the bridge to Biacayne Blvd. or rather Brickell Avenue, and we looked at it in terms of two things, one is the extent to which it would impact the downtown area, and our conclusions were that it may have some negative impacts in terms of traffic congestion on Brickell Avenue. In terms of stimulating, because of its proximity to downtown and the nature of it, to downtown, it will stimulate growth in downtown but we have not received nor examined the current plan so I am not sure at what level of density they now propose. Mr, Plummer: They are talking about roughtly 6 ro 8 thousand people on the island. Mr. Wallace: These would be apartments ---a- MAR 2 5 1975 Mr. Plummer: It would be a combination, apattrnenta, condottiniutits office space, retail, Mr. Wallace: How much office space are they propoEing? Mr. Plummer: A million square feet, Mayot Ferre: A million would include the commercial and office, Mr. Wallace: You are making me more and more cautious in teams of my response as you build, Mr. Plummer: I think it behooves you to get with the Manager altdsee what their proposal is and what in fact impact it would have and let me briefly tell you what my statenent was at the time of the voting. I said at that time I felt that this city was intelligent enough that whatever they put on that island within reason that we could provide the services and the necessary back-up, whereas voting conversely would say to them, no the city does not have the capability of making your project a success, and I think I am saying the same thing to you, that in fact we have got to provide for growth which we haven't done, it has always been a game of catch-up in the past. You build and we try to catch up with services, where the ideal would be just the opposite. We have services then you build, that does not exist anywhere in the United States, so I merely say to you, that this committion put great emphasis on the fact that it would be a part of the downtown area and I think you should have some in -put on that. Mr. Wallace: We would very much like to, we haven't had a chance to look at it in detail yet. If I might introduce Dick Huffman at this point, Mr. Dick Huffman: I think it is appropriate to discuss Claughton Island along with the discussion of downtown, in this location as far as transportation goes. Our transportation alignment in terms of mass transit is different than the one that has been proposed recently because as you know that proposal was under way while our stud; was under way. Mayor Ferre: Mr. Huffman let me interrupt you right at the beginning and ask you on the record whether or not you have been given a copy of the present proposed mass transit system as it affects downtown. Yei were given that today? Mr. Huffman: I actually got it yesterday. Mr. Wallace: Our study of downtown financed by the City of Miami and Biswinger study of the transportation concept, financed by the State of Florida were done in tandem 'Ind some of the transporation recommendations that we are discussing here, we are coordinanted with the Biswinger Hope study. Mayor Ferre: You are fully cognizant of the Biswinger Hope program, their transportation study, the the results, but book, ---- Mr. Wallace: Yes, Mayor Ferre: You read it? Mr. Wallace: Yes,--- MayorFerre: You concur with it, Mr. Wallace: It is mentioned in our report. Mayor Ferre: I am not trying to trap you in anything, -this is an open discussion, so don't be so precautious about it. All I want to know, is whether or not you studied it, you concur with it, if you do not, in what areas do you differ, that is what I want to get to. Not now, just you make your presentation. I want you to keep that in mind. The other aspect of it is, the proposed mass transit, I'd like to have your comments if you would, if you feel it is appropriate with having it only one day, if you want to make any comments on it. 54 MAR 2 51975 Mr. Wallace : I think it probably more appropriate.to discuss out evaluation of where population will be in the future in downtown, in terms of employment, and then refer to alterna':e transit systems which We studied only in terms of station location. :think the station location recommendations in our report show that there are certain zoning implications around sub -way stations. Now this particular map was a study of alternative =_-- various alternative locations for transit, you one that we tended to favor and that is where there is a slight difference between ourselves and the Biswinger Hope proposal, was to get a station as close as possible to the highest density employment consentrations which nre located as you see in the southeastern corner of the central business district. The ones that we recommended tended to be closer to that consentration. • Mr. Plummer: Let me tell you now, I just went allthrough the B.A.R.T system, Mr. Andrews and I both, ---you know what we found to be one of the biggest problems with the B.A.R.T. That was the problem they never considered sufficient parking areas in the end of the lines. It is no problem whatsoever in the interim stations which B.A.R.T. has 33 of, one comes up under Candlestick Park, no problem, one comes up right down in Powell Street in the heart of town. There is no parking problem there at all. As a matter of fact there is no parking there, and they said this has never been a problem. Their only problems have been, ---well it is somewhat like this, at the four locations of the cross, that they just can't get enough property. Their answer to that is not more parking by the way. Their answer to that is the mini -bus line feeders that come in because they say they hope eventually that they will have less cars in those parkint lots and not need to expand them, that the mini -feeder buses are the answer, and must he the answer. L am perplexed to hear you bring up comment about parking around the stations in the downtown area. Mr. Wallace: I don't think we ever mentioned that ---we mentioned where various pedestrian requirements, connecting pedestrian systems into the transit stations themselves. I didn't mention parking. However we do mention parking in our report. Mr. Plummer: Okay, our system really is, in a way, can be judged with the B.A.R.T. but in a way it can't. Our system even in the downtown area, as I am familiar with, is an aerial, correct? Mr. Wallace:Again, I'll let David answer some of these but our study was mainly a land use and zoning study, issues of transportation were raised as they related to land use and zoning. Mr. Plummer: Right, Mr. Wallace: In terms of how the transit works or the transportation system works I think they are better addressed to our subconsultant or the new people now. Unidentified person: I might Interject at this point partly in response to your question Mr. Plummer, that the current modal split between transit and auto ridership to downtown is about .82, that is, .82 auto, .18, that was back in 1973. What it is right now I don't know. Probably Kaiser has more up-to-date figures. Mayor Ferre: I don't understand that. Mr. Plummer: Let me tell you what it means, because Paul and I were saving this, this is a ace in the hole, and we won't divulge it all. What he is saying the 20% of the vehicle trips into the downtown area today, 20% are by some forms of transportation which basically are buses 80% is being done by individual private automobiles. Now, that is going to he a big ramification, that is really what he is saying. Mr, Andrews: In other words on a county -wide basis, not just relating to downtown Miami, there are 4 million trips a day made by everyone, passenger cars, bueee, jitneys and all forms of transportation. Mayor Ferre: 80% Mr. Andrews: No, hear this out, 200,000 of all of those 4 million trips are now accomodated by the bus system of Metro Dade county, the bus system of Coral Gables, the taxicabs, and jitneys,---200,000,-.-another bad MAR 251975 part of this will come later. Mr. Plummer: We will come into that later. Mr. Wallace : If I may go on, Beiswenger Hoch in our assumption itt the preparation of this particular plan in zoning pattern is, that the future transit system can be so successful that it will attract 50% ridership into mass transit in one form or another. There will be a decrease in percentage from 80% to 507. Now that means that obviously there will still have to be a very substantial amount of parking, and what Dick was pointint to on this map, was the location of the 1985 total employed population. Each dot represents 250 employees, with the red dot representing under construction and committed. That is the probability one category that we are talking about, the actual space that touches the police station here, and proposed net new, that is the orange or the other proposed new, the filling up of the rest of DuPont Plaza, the development along bayshore boulevard, etc, Biscayne Blvd. Mr. Plummer: The one point that is being overlooked and I brought it up before, basing it on B.A.R.T. there is a tremendous difference between an underground system and what is being proposed here, a tremendous difference. Park stations, and I'll have some photographs this afternoon which I am going to give to the commission, the park stations are beautifully landscaped. There are fountains, everything, really done nicely. But when you are talking about a thing above ground, you are talking about cutting it in half. Mt. Wallace: Mr. Plummer this was done before any decision had been reached about whether it was below grade or above grade so we were really just talking about alignments here. in terms of stations our assumption was that they would be very attractive and we, to this moment are not aware that it is necessarily all above grade or below grade or whatever. Mr. Plummer: It is all above grade. That is one of the few things that have been decided. It is all an aerial system. Mr. Wallace: We are very familiar with this kind of thing, Dick and we are general environmental planning consultants, --- Mr. Plummer; Mr. Wallace, maybe I am trying to draw a question from you. Don't you feel in your estimation, that it in fact makes a great deal of difference between a subway and an aerial difference. Mr. Wallace: Yes, I do, Mr. Plummer: Okay, that is the poing I am trying to make. Mayor Ferre: Let me point out and T am not here to defend Metropolitan Dade County or Keiser Engineers but the difference is, that in a subway, in this subterranean soil with water, they ware estimating something like, as I recall, 40 million dollars a mile, wasn't that the figure. It is 5 times more than the elevated cost. The elevated cost in the downtown area is something like 6 or 7 million a mile. Mr. Plummer: Mr. Mayor so there will be no misunderstanding, I am whole- heartedly in favor of the aerial. I am convinced of that, security problems and everything else. I am just telling you the difference. Mayor Ferre: I would also point out that I am not totally in favor for this reason, that in certain portions of the recommended Keiser plan the stations are going to be 75 and 80 ft. above ground level. That is like an 8 story building. The reason why they are doing that is because they have to go over the river and have to go over the expressways therefore in the government center area, they are talking about the stations being on the 8th floor, that 1s how high it is. Obviously to go from the 8th floor down, you just can't drop down. It takes a couple of miles to come down to grade, so the majority of the system that goes through the downtown, ---they keep talking about a 16 high elevation, but unfortunately it is not going to be 18 feet elevation in the downtown area. Mr, Plummer: That will be minimum anywhere. MAR 251975 Mayor Ferre: You are talking about some very substantial structure that will be cutting through the downtown area. Mr. Huffman: Regardless again of the design of the system as it is put together the issue we address were the points of high access, Where is there going to be better access? The point we made by investigating the types of uses and the intensity of those uses throughout the area versus where the stations are, came to the conclusion that certain stations should be located as close as possible to the station itself, to where the highest intensity is. That is basically about as Far as we addressed it, and we also reflected that in our discussion of the land controls on the parcels by saying that certain areas close to stations should be permitted to be developed to be developed at a higher intensity since in fact their access is greater, so in discussing areas like the Dupont Plaza, congested areas like the Brickell Avenue bridge, discussing 1972 population e.iployment, we went into an investi-- gation of existing parking, where it is now; where it will be in the future, what types of congestion difficulties might occur. And finally, estimating demand, parking demand, based again on the optimistic figure that Mr. Wallace just mentoned.of the 50% modal split. We still found on page 16 in our appendix an increased need although smaller, than it would be without mass transit, there still was an increased need for parking within downtown. Hopefully the mass transit can reduce that demand in certain areas. We have shown a certain amount of required parking. We have recommended however, that those parkings, be placed at peripheral locations away from this high intensity development so that in fact the automobile congestion would be pushed away from where the eye of the needle exists. Finally in terms of general land use plans; not varying a great deal from the land use pattern as it is today, a general commercial center, shown in this location, we had recommended and it shown finally over on that map an increase in residential population if possible within the central area, with a special concenstration along the bayfront, hopefully investigation of a new town in town in the area shown on that map, opposite the bayfront, all of them somewhat coordinated with transit and automobile improvements. The zoning recommendation that were part of the study are a series of detailed recommendations, it might be best to refer instead of going through each individual piece of it, to a general philosophic base, which said that and this again is shown on page 13 of the report, on a proto-typical basis, the existing intensity of development permitted in central Miami, is approximately a floor area ratio of 30. This little example which shows that if any building were developed on a block, a single block, at a floor area ratio of 30, that typical block could develop a demand for over 11,000 automobiles 16,000 new employees and in fact if this same thing were applies to the entire central business district, in the C-3 zone as it is today, a permitted 190 million sq. ft. of new development could exist. We therefore say that is too much. Mayor Ferre: Let me ask you a rhetorical question, because laws are made to govern people and they have to fit within the practicality. Do you, --- would you conceive that there would ever be 190 million sq. ft. of office space in downtown Miami? Mr. Huffman: No, we said not even near that much. Mayor Ferre: Do you think that all the plans in the world, if we wanted 190 million sq. ft. we could plan it that way, and that would induce people. What I am trying to go to, ----this is a rhetorical question, is, isn't the economy the best practical guide on things? Mr. Huffman: Yes, and I think my point was almost exactly what you are saying, that in fact this 190 million sq. ft. which are allowed, are far in excess of what will actually take place, and in fact that tremendous envelope that is there right now is too much, and our recommendations are to reduce that envelope, closer to the economic thing which you are discussing. Mayor Ferre; If it is too much, nature has taken care of that. You don't have to have any restrictions, the economics of it are restricted. Nobody is ever going to build another One Biscayne Building, ever, in Miami because the economics of it are not there. If however, --I am giving you a rhetorical question --,,if for example the Florida National Bank or let's say that the First National Dank of Miami, in conjunction with the Florida National bank, and United States Steel were to come in and say we want to develop the DuPont Plaza area, and spend 200 million dollars doing it, I can't think of a commission that i have seen in J! MAR 2 1975 this community that would say no to that. Look at what happened, 1 don't know if Ted Hollo is here, ---yes, Ted? ----look at what happened it Plata Venetia when a group of developers came in, when a developer can1e in,' - the best we have in this community, --Mr. Tibor Hollo, and when the Omni Ittternational came in and said they were going to build this that would coat 100 million dollars, good gracious, we'd bend over backwards to do everything they wanted. Now, the point I am trying to make to you, is, that rules and regulations must fit within the logic of what will and won't do. They must also fit with a reality because what happens is, we say we are going to do something and all of a sudden somebody comes along and says we are going to spend 200 million dollars, and all our plans are out the window, and we start all over again. Mr. Huffman: Could I respond to this, I think it relates to, if I amy go over to the larger scale map, Mayor Ferre: You see there is an argument, ----have you read the Israeli architect, what is his name, Moyshe 's latest book ----Ted if you have not seen it, I would like for you to read it. It is a beautiful dream world and I am not saying that what Moyshe says is ever going to become a reality. He makes a very convincing argument for these cities that he puts on tops of hills or he builds one on top of the other, with tremendous intensity, but when you read through it and look at the drawings, and look at his arguments, and what he is saying is, that as the old saying is, it is not how many you stack together but how you stack them together really makes the difference, and if we were to end up with a Moyshe or whatever his name is, community in the center of downtown Miami, it would be tremendous. It would be a blessing to me, because it is full of parks and green areas and of course he stacks all of these things up, boxes one on the other, but then what he does with the open space is beautiful, and he really builds a three-dimentional city. It is probably impractical, nobody could ever afford something like that, but you get the point? Mr. Tibor Hollo: Mr. Mayor, it is his interpretation, Mr. 's interpretation of a brand new idea that is emerging in this part of our century, which is called the magnet. Mayor Ferre: What, --- Mr. Tibor Hollo: The magnet city, the big thing that you do with total living dynamics that attracts to it, people. And it is his interpretation of what you have read of that magnet of his new ideas. Mr. Wallace ::May I continue on with this description here Mr. Mayor because I think that perhaps we haven't really stated as simply and directly as it should be stated what the nature of this problem is, that the C-3 zone which is behind Dick over there, to all intents and purposes is no zoning whatsoever. It has no restrictions that have any impact on the market it is not an expression of public intent in terms of how downtown Miami should be developed, it is simply a cart-blanc, Mayor Ferre: Would you say it is like Houston? Mr. Wallace: No, Houston, does not have any specific zoning but it has a lot of restrictive covenants and agreements that in effect operate like zoning. It is like downtown New Orleans, if you want to know exactly what it is like, which doesn't haven't any controls either. It has a F.A.R. of 20 and 20 is much too much. The effective F.A.R., floor area ratio.here is 30, the highest building that was built, One Biscayne, doesn't approximate 20 when you don't take into account parking, because your zoning ordinance doesn't take into account parking. My point is, that in the eye of this hurricane here that is the southeastern corner of downtown, to allow One Biscaynes to continue and there is no bar to them now except the market temporarily. You say nobody else would do it,but I bet you within 10 years somebody else will. In effect Claughton Island is like a One Biscayne, that is, it is simply the response that the absolute top potential to that piece of property, without regard ih many instances to the public consequences of it. When I say public consequences one of the Beiswenger Hoch studies was to say how would you solve the problem of the constriction of the Brickell Avenue bridge, which is a constraint across the Miami River. It is not only a constraint but it opens and closes, so sometimes MAR 25197 it is a total constraint, although fortunately nt the time so that does not always occur at the peak hour of the day, Beiswenger Hoch conclusions which we happen to share, that In order to provide to addition to :bass tra►nait to this area, provide adequate :access to allow its economic potential to be achieved, not its total zoning allowance which I agree with you will never be reached but its economic potential which we believe fundamentally should be reached: We believe it should he reached, hut in order to accomodate that concentration of traffic generation, there should he another crossing of the Miami River. Beiswenger Hoch which showed a tunnel, we don't particularly make a case for the tunnel or another bridge or how that would be done, but that is an essential thing. My point i:_>, and our point is, that essentially 'the combination of balanced land -use transportation plan which we believe we have proposed here, essentially is one concentrating development at least in the immediate middle -range future along the bay, along the Miami River but Making that livable and not increasing the public consequences of it in terms of congestion,and all of the dis-investment that would ultimately occur because of that, to in effect under -supply this area with parking under -supply it, with parking. The only way that under -supply can become effective, is to have it written in as part of your zoning ordinance, that is to give you control over how much and where that parking exists. That is in the first several blocks, and then in the next several blocks, back from First Avenue west, and north here, to over -supply parking, that is so that within a couple of blocks walking distance there would be parking accessible to people who wern't paying top rates for parking, and all of that will only work assuming that there is also mass rapid transit in approximately the configuration we showed here, with the station locations, so there is a fighting change to achieve a 50/50 modals split in the future, that is with the parking we show and that. Now, without in effect down -grading they zoning, up -grading the zoning, excuse me, so what we are doing is reducing the floor area ratio, the city has no ability to control where parking will be. it has no ability to create an incentive for residential, they are one of the committees that studied this and incidentally all committees agreed there should be residential in this area, but the committee that particularly studied that did not believe we gave enough added incentive to residential. Well unless you have something to give, i.e. have a bonus you can give away you can never stimulate residential because office and parking will always be the highest and best use, and hotels as.tourisn grows. We believe that the downtown development authority and the city are recommending legislation to the State which would enable various forms of such things tax increment features, California's method of providing funding for this sort of thing, and that alone would be a tremendous way of beginning the kind of residential development that is proposed up in the north area here. I won't go into details because I think we are reaching the end of our presentation, in terms of details but we do have a lot of other very important recommendations which are for example the extension of 3rd Avenue, the widening and improving of First, the improvement of First Avenue over there by the government center, and all of these are part of the balanced transportation land -use program that we are recommending. You have in front of you the summary, actually excerpts, the high points from the report itself and I would turn your attention to the last table which is the recommendations on zoning and ask Dick Huffman if he will flip over the last page which shows those zoning area and speak specifically to the various kinds of areas recommended within the C-3 districts. You also have the map which is on the last page, in front of you, what we are proposing is to break the C-3 district down in addition to up -grading the floor area ratio throughout into a special C-3A retail area which make mandatory requirements for retail on the first floor of multiple use structures. That is it would be a requirement there, centering on Flagler Street, yes, the C-3 D district would be a special waterfront district with special incentive for residential. although residential incentive would be encouraged throughout the downtown area. C-3D for example is a special area down along the waterfront of the bay and the Miami River. C-3B is a special area up around Plaza Venetia and C-3B also immediately south of the government center here and south of Flagler street, related to the govern- ment center itself activity and the shopping center and Plaza Venetia. Iwon't go through the others, they are listed, ---- Mrs Gordon: Where else were you planning residential besides what you call waterfront oriented areas. Mr.Wailace: Mrs. Gordon we think that residential is compatible throughout MAR 25 1975 a very large part of the downtown area, to terms of strategy, our belief is that very residential will occur in the present context away from the river front and the bay, that is not much development will go more than a block let's say inland. One of the basic ideas for encouraging that to go deeper into the west, is the activty of what we referred to as the new town in town, shown there in which we c Duld bring the amenity of the bay westward and enable the residential thel to be built, continuing westward to the Florida East Coast tracks which would then help set up the opportunity for rehabilitation and reconstruction of the community just to the immediate west of that. We believe that would be a strengthening move enabling that community then to have much more potential. Mrs. Gordon:How would you bring the bay in as you have described it. How would you bring the amenities of the bay in so to speak? I see the green area there, what were you figuring, land acquisitions or what. Mr. Wallace: This would actually be part of the over-all new town development. Land acquisition through the downtown development authority and the development of a large park network which would bring Biscayne Park right on in here as an amenity on either side, and this waterway system, actually is feasible. Mrs. Gordon: What approximate street would that be? Mr. Wallace: I would have to go back to my map there. Dick, can you point it out? It is about 9 or loth street. Mrs. Gordon: Where is the new Greyhound terminal that is going in? Mr. Plummer: loth street and 2nd Avenue, Mrs. Gordon: It is on the north side, - Mr. Plummer: ----on the N.W. corner, --- Mr. Wallace: I think you ought to understand that this is a diagramatic concept. Mrs. Gordon: I want to question you so that we have a better understanding of what is going to follow. There is a large section of land currently zoned C-4, not permitting any residential development. Is that the area ycu are planning to be the in -town new -town? Mr. Wallace: Yes, part of it is. Mrs. Gordon: And through a change of zoning classification permit a mixture of uses, is that It? Mr. Wallace: Yes, in our recommendation in the zoning plan and in our last presentation, we explained that everything pertaining to the new town itself could not be done under zoning alone.. Other methods would have to be undertaken in order to promote this, so all we did was present it as a concept, saying that the viability of the central area requires residential development . We feel the new -town in -town concept which has been proposed in other cities might work here, but the methods needed are beyond just a zoning plan. Mrs. Gordon: What methods are needed? Mr. Wallace: There are a variety of them, including a possible land acquisition, possible use of community development legislation, possible declaring it other types of activities. Mrs, Gordon: Would you consider the concept of transfer of development rights in order to create more open space in that area and, --- Mr, Wallace:When you say would you consider it, certainly, yes Mrs. Gordon; That would mean that you would have heights and density development on one block but then you might have an open block next to it, MAR 251975 Mr. Wallace: Mts. Gordon most of the area we ate talking about is toned C-5 not C-•4, which is here. Mrs. Gordon: That is even worse, Mr. Wallace: In response to yes, in response to your question about transfer development rights I am sure you have read Is book which is called 'Space Adrift' which is sort of vital on this sort of thing. He points out three basic requirements for development rights tranfer to work. One is that there be a quite restrictive zoning. You have to start with an envelope that is typed. Secondly there is an investment thrust which far exceeds the zoning envelope, so you have to have something to transfer and you have to have a desire and willingness on the part of the private business community owners, etc. to make the transfer, and he thi.-d requirement is there be an administrative mechanists which would permit that kind of transfer. The downtown development authority, I see Mr. Williams behind me here, and perhaps he would care to comment on this, essentially has the capability of being that kind of mechanism, so you have one condition. Unfortunately you don't have the first condition, however you don't have a restrictive zoning ordinance in the C-3 area, however you do have a restrictive zoning ordinance in C-5 but perhaps I would like to underscore sxactly what Dick Huffman said, that you can't expect zoning to do that, Zoning is a regulatory, permissive kind of thing, as opposed to a construe.:ive dynamic entrepre:-teurial kind of activity that you will need to create this new town, and residential development which we would see the Downtown Dev. Authority as qualifying for in terms of that activity. Mrs. Gordon: What I would sure hate to have to see happen after waiting for how many years for this to come to this point, is to see all of this go on the shelf, because for whatever reason, so I am addressing this kind of broadly in hopes Mr. Andrews is listening to me, Tt appears to me, new trans- portation plans have come into to play since you started two years have elapsed since we received this report, or a little more than two years and there seems to be a little less enthusiasm around than there was then, which con- cerns me a great deal too. So Mr. Andrews you named some specific dates for certain hearings to take place, and what is goin,5 to take place at those hearings. Specifically are they going to be zoning changes that are going to be reviewed and made recommendations to this commission at that time or are these just hearings without any decisions. Mr. Andrews: Unless Mr. Acton can correct me it is my interpretation that these will be hearings that the Planning Board will hear and review this plan and have their im-put to the total plan adopted and submitted, let's assume there are some modifications and send it to the City Commission with those modifications included for your consideration. Mrs. Gordon: You mean the total plan. Mr. Andrews: Yes, ---- Mrs. Gordon: ---and they haven't done that yet? Mr. Acton: No, the Planning Adv. Board will hold a series of four meetings ----during the fourth meeting, they will take possitive action on making recom- mendations as they pertai.n to the zoning in the downtown study area and will be sent on to the City commission for your action. Mrs. Gordon: You mean the specific zoning changes, Mr, Acton: The specific zoning changes will be set, Mrs. Gordon: ---what's coming up at these hearings that you mentioned before. Mr. Acton: Correct, it will be a series of 4 hearings. Mrs, Gordon: And that will take certain portions of'these recommendations for is that correct? Mr. Acton; What I am saying is we will consider all of the downtown area and zoning changes that are recommended to be applied in the entire downtown zoning study area. This will come to the commission after the 4t1 MAR 251975 meeting. They will make recommendations for the entire study area Mrs. Gordon: For specific action, is that it? Mr. Acton: That is correct. Mr. Andrews: Mrs. Gordon, and members of the commission, their review will not necessarily embrace anything with reference to transportation and other matters. Their review is only going to be centered on what the zoning and planning will be for downtown Miami.The planners here have taken in trans- portation and other factors to make sure that the. zoning that they are advocating is compatible with what is being planned as far as transportation is concerned. Mrs. Gordon: 1 recognize that and that is wh' I made the statement. Mr. Acton: Commissioner Gordon I would like to have either Mr. Wallace or Mr. Huffman explain that there are actually two phases in the zoning. The first phase will be implemented, realizing that our rapid transit system Will not come into to being for at least 5 or 6 years, but there is a second phase recommended, that has zoning measures in it that takes into account station location and densities and etc. Mr. Huffman: Yes, David can I come ant on that? One of t'le things we recommended, knowing that the alignment of the transit was not firm yet, was a flexible relationship to the zoning around stations. In other words we have allowed for the possibility of stations appearing in different locations -- again our recommendations for where transit stations should be does not necessarily conflict with this zoning recommendation which is zoning around stations. That is left free. Certain other relationships in our study have been done in that fashion, assuming it is in a second phase, this first phase which has been discussed is in fact the map which appears underneath there and a second phase in theory would incorporate all the recommendations at the time of the transit and various bonuses when the transit is designed finally and in place, so it is a two-phase,-- ---- Mrs. Gordon: One thing I was trying to get somebody to say was that it wasn't going to be another in -principle approval with nothing specific done. Mr. Acton: This will be the same procedure that we use in all zoning studies. In other words, the Planning Adv. Board will send to the City Com- mission their recommendations on proposed zoning changes as they pertain to the downtown area. Mrs. Gordon: Just like you did with the Coconut Grove? Mr. Acton: That is right, the same process, ---- Mr. Andrews: Hopefully you won't send anything back for re -study. Mr. Wallace: That is all of our presentation Mr. Mayor. Mayor Ferre: Any questions from the members of the Commission? Mr. Plummer: The question that I have, you speak of incentives to make this plan work. I look at this in two ways, really commercial and residential. I think we all if we agree upon one thing, the only way we are going to have a viable downtown is have people living in the downtown area. All of the so- called incentives I have ever heard used in the downtown area are those along the commercial lines. Are there presently existing incentives that you know of to invite residential areas into the downtown. Mr, Wallace: We have proposed additional floor area ratio and special bonuses similar to that. for both mixed residential and commercial and sole residential. Maybe I am jumping the gun in terms of the review of the committees. They feel that we have not suggested a large enough bonus in floor area to be an incentive but the present proposed ordinance does contain specific additional amounts of floor area if a developer goes residential, Mr, Plummer: When you say mixed, are you speaking because success U' MAR 2 1975 is success. I think the Mayor's building, 100 Biscayne downtown has a better occupancy tate than any building in the City of Miami, and I have always contended it is based upon 50% being residential and 50% being Office, Mayor Ferre: ft doesn't work out that way. It is around 70% and I*11 tell you right now if we had it to do over again, it was a bad economic mistake. Mr. Plummer: Isn't your occupancy rate there tremendous. Mayor Ferre; Yes, I am going to tell you it was a bad economic mistake. It was very expensive to build apartments. If we had it to do over again, we would not put a half apartment half office building at this time. It doesn't work. Ted Hallo can speak to that better than I can. Talking about mixed buildings.' am saying the economics of it just don't prove out because what happens is you have different sized rooms, you don't have to go to open spaces like you do in offices, and you get into elevator problems, there are a lot of problems that go with it, but that is neither here nor there. Mr. Plummer: Aren't there quite a few people Maurice that exist in that building today that in fact have both apartments and offices in the same building. Mayor Ferre: One that 1 know of. Mr. Plummer: Just one? Mayor Ferre: Maybe two, Mr. Plummer: It seems to me it would be a tremendous incentive. • Mayor Ferre: I think your principle of being in the same to what this Moyshe livable city and urban area is their parks have their schools can get back to the humanizing America is the automobile. That is the culprit. The culprit is that car. The automobile has destroyed the sense of the community because now, and then ;you go back to Doxiades' big argumeilt that you have to live and work within half an hour to 45 minutes, live and work. So the only way we've been able to do that in modern society is with the automobile. That way, you can live and drive in and that gives you a 30 or 40 mile radius. But if we can ever get away from that and not be dependent upon the automobile which is to me the great future and I go back to poor old Tom Wasmuth's statement that the real future of downtown Miami is what you've just been saying - is if we can ever build a community where people feel safe on the streets, use the parks, live there and also work there and not be dependent on the automobile. And the only way from a philosophical point of view, the only way that we're ever going to control right now today, Mr. Wallace, and tomorrow Metropolitan Dade County si reviewing and will be votin upon plans II and III of the Master Plan for this community. And the whole thrust of it is to control people building in the peripheries of the community so that the center area will be built. What we're about doing here today on the other side of government in the city is trying to figure out ways in which we can make the core area livable and usable and make an incentive. Now I want to tell you, and I've told you this many tims before but I'll repeat it again, I am for the basic concept of the plan, I don't want anybody to kid anybody or hoodwink as to what we're doing, What we're doing is we're taking away in order to give but I don't want anybody to think that this is the great panacea because what we are really doing is we are taking away rights which we in government through policing action are entitled to do in order that we can then give back parts of what we've taken away as an inducement. Now I'm for it up to this point: I don't want that what we give is so small in proportion to what we take away; that you take away the incentive of the private sector, The government of Miami and we will never ever be able to build up , ever, the core city without the private sector, There is not one major American community where the government has done it principl? is right. It may not be in the building: The principle is, which goes back is saying is that the real key to making a concentration where people can play, have and banks and live all in one area where you element. What de -humanized society in modern t3MAR 2 5 1975 alone. It's got to be in relationship with the private sector. That's the thing that we really have to keep, that's where the ball is and that's what we have to keep our eye on. And the rest of it to me is peripheral to that or subservient to that basic principle that we've got to make it attractive for a Ted Bollo or for an Omni or whoever they are in the future to coin in here or the Ctow, Pope and Carters and the big developers of the nation to find an incentive to come into the city and do something. tow the reason I'm for it, sotaebody says there is a contradiction, the reason I'm fot it ie what we have hasn't worked. And the reason it hasn't worked is that we have not really given the total community the amenities that would be an induce ment. And it's all a question of dollars when you get down to it in the long run. And what I'm saying is that as a land owner I'm willing to give up something if the city in turn does something else to make my land more val,- uable or more usable or be an inducement fcr the private sector to put up either apartments or office buildings. Mt. Plummer: Mr. Wallace, under your proposal what is the maximum FAR and what is the minimum FAR? Have you set bcxndarie; or have you just set a maximum FAR? M. Wallace: It's just set as a maximum with all the bonuses and parking it amounts to about 17 I belie,re. Mr. Plummer: Can you give me any proposal or do you know Miami well enough, what would a building of 17 FAR be? The DuPont Building, what would be com- parable? Mayor Ferre: I'll give you some idea. Let's take our office building because you're acquainted with that. Now that cne has about a 9000 square foot, a little bit over 9000 square feet per floor. Ok? Now the property that it is on is around 11,000 square feet but let's say it is 10,000 square feet just for argument sake. That means that we can put up 170,000 square foot building. Now what we have there now is a 300,000 square foot building. Mr. Plummer: So you would be reduced by 13 floors. Mayor Ferre: That's correct. In other words, if we were to build that build- ing today instead of putting up a 30 story building we would in effect only put an 18 story building. Mr. Plummer: What about FAR with in relation as the new buildings? You know I give the people credit who built One Biscayne, I don't give them a lot of credit but I give them credit for the foresight of seeing and not needed a required type of parking where they both I think First Federal and One Biscayne have provided 6 or 8 floors of parking which is not required of them but they saw the need. Now how does that figure into FAR? Mr. Wallace: It would not be included in the FAR. Mr. Plummer: At all? Mr. Wallace: No. Mr. Plummer: In other words if they provided, let's say using still One Hundred Biscayne, let's say he built 18 floors under your proposal he then could build 12 additional floors of parking? Mr. Wallace: The parking regulation in certain zones is controlled based not upon the building itself but on the capacity of the streets. We felt that there is a certain capacity per block of the street at which time there will be a tremendous traffic hazard. That capacity is related to the amount of space that goes into the building. The general calculations that we came up with here are that there should be not a minimum but a maximum of about 1 space per thousand square feet of office maximum in certain constrained areas, in other words the C-3 zone. There are other zones where you can over supply, in other words pro- vide more. Mr. Plummer: You know what you're saying is true but I guess it is the things that you don't say or that are not said that are really... You know, look at downtown right now. You know if you really realistically look at it we're do- ing everything in our power to keep people out of downtown. Now you go downtown today with an automobile and almost everywhere you go you'll find one truck blocking a whole lane of traffic. Is anywhere in your proposal are there any- thing that addresses no parking or curb parking? �;;# MAR 251975 Mr, Wallace: Yes, we've tecomMended streets that have no parkiftq iil Order to improve the access to the parking garages that would be built: For ihetande, First Avenue is an example which is the main north south artery, beiswehget Hoch came to the conclusion that if you put more than 1200 cars in a block that the exit and entrance requireMents, in effect dumping them on the s teet at peak hour that would be the maximum that you could put on that block g 11200 cars on ah overall block. If you had several garages it means smaller garages. the point being that this became, in some cases even that was excessive because of the demand in relation to the capacity of the current streets. Without widenih the streets you couldn't do it. Now I think that One Biscayne.., hoes that have 600 spaces or something about that:? About 600 spaces...650 for it. That, how- ever, is in a key constrained blockage... , difficulty of getting out and get- ting off on the adjacent street. Mr. Plummer: Well, let me bri:ig it up on the other side of the pendulum then. What have you done in your plan? Look, the merchants downtown have got to have trucks to supply their goods. Has any consideration been given to you of some method of supplying them with their goods but keeping the trucks off Of the street? Now you know what I'm saying is this, is there any designated areas that the city should acquire where they could use for loading and unloading of trucks where today they're using the streets? Mr. Wallace: Well, the traffic control can designate hours that trucks can be on the streets so that that is largely a matter of police control with the ex- ception of new development and all new development would have on site adequate truck bays... Mr. Plummer: Ok, because I'm going to tEll you that is one of the biggest... you go downtown today and get lost in that swirl of traffic - it's unreal. Mrs. Gordon: ...problem is the buses when they stop to pick :gip and unload passengers in those narrow streets they do the same thing. Mr. Plummer: Yes, but a lot of that now the pressure has been taken off with that new bus terminal that has been opened up along side of the railroad tracks, a great deal of it. Mrs. Gordon: Well, take for instance or second avenue like take for instance where the Capitol Bank Building is when the Jesuit Church is. Buses stop there but trucks also stop there to deliver merchandise. That causes a real problem. If you took the buses away... Mr. Plummer: Let me tell you what the answer is, Rose. The answer in my estimation, if you go down that same block one more block and you look at the First Avenue side of the college at the very beginning of the block after about 12 feet you've got an indentation in the sidewalk and it runs all the way down to the other end of the block where in fact trucks could park there and deliver their stuff into the school and it doesn't impede the flow of traffic. That to me is the answer. Mayor Ferre: All right, at this time I'd like to call upon the chairman of the various committees that were appointed if they want to be heard. Ms. Mona Lighte: Mr. Mayor, commissioners, Mrs. Maclntyre and I are co-chair of the Consumers and Users Committee and in line of your philosophy of rules and regulations must fit the logic of what people want to do. We would very much like and I think Mr. Hollow is going to concur with this as the chair person of his committee that this plan be adopted in principle. It has been around for almost two years and it should be adopted in principle and we get along with the specifics. (INAUDIBLE) I'm saying that a public hearing on something that has been brought up for quite some time at the commission meet- ings where the public can get input, where we have had our committee alone has met 4 or 5 times apart from meeting with those; Mr. McMannes, Mr. Acton and the fire commissioner to raise some questions that certainly it is within your province to adopt the principle of this plan and have hearings on specific parts. Now the second thing I want to say about this particular plan is Mr. Acton, Mr. McManus made major recommendations from the four committees which you all had a copy of. WE find on our part, Mrs. Maclntyre and myself that there has been no consideration given to the major recommendations of the comcpittee. We further feel that with the public hearings going on with Kaiser we're net quite sure just how receptive and responsive Kaiser has been, I have been to various meetings Kaiser has set up throughout the county, There has been serious objection to parts of the transportation plan and if you are dove tailing your exit and egress, entrance and egress points with solutions to crime 615 MAR 251975 Oil and the City of Miami Police particularly handling these things we think that this alone could take a whole se*_ies of very special meetings. Mayor Ferre: All right. Now Mona, I want to tell you,bec.#use I don't want to duck: Ok? I want to tell you that .if it is the w..sdom and the will of this commission to bring this for a vote today I will .vote no against the plan. Do you understand? Ms. Lighte: I understand. Mayor Ferre: And I will speak strongly against it at this point so that as I said before I am in principle for it and will be voting for the plan after, t think there are a lot of things that have to be changed in the plan. And I personally have about 20 things that I want to bring up that I think are going to require change. Ms. Lighte: Mr. Mayor, is it possible perhaps to move these public hearings so they're scheduled before once a mouth and commence in April so that they can move along. Mayor Ferre: I have no objections to that. Ms. Lighte: This is a minor point ol...we'd like tc'o move this along before July. Mayor Ferre: Excuse me, we're talking about in dollars and cents the single most important economic area in the City of Miami and I know that we're rather restless about many thinge here but you know this is not something that; we're not going to rush into it, tli'ro's an awful lot of discussion and deliberation. And I mean days: and days of going page by page like we did on this other docu- ment we passed a year ago. I certainly would not vote for it today. Ms. Lighte: Very good, Mr. Mayor. t:ould you then please urge the commission to look at the recommendations that wore presented to you from the committees ...which I have not heard the gentleman epeak about today. Mayor Ferre: Mona, that's exactly what I'm talking about. That's precisely what I... For example, several ('t your recommendations I strongly adhere to - they're not in here. 'They've got to 1<< discussed. I'll give you one example. I don't think that along Flagler t:tr, ot every building should be required to be built up to the property line becr+ue we have right now a very very narrow Flagler Street. It's only, how wide is Flagler Street, Mr. Andrews? I am strongly opposed to making the l„operty owners build up to the property line because what we're: going to end up with is a solid concrete wall with only 60 feet. of ::separation from one side of Flagler to the other. That's just one... Mrs. Gordon: Is that a mandatory portion? Mayor Ferre: Yos, absolutely. Mrs. Gordon: And you're saying that your recommendation includes a mandatory property line development on Flagler Street? Mr. Wallace: Yes, Mrs. Gordon, we have what we call a build -to line and the reason for it is that's a retail street... Mayor Ferre: I'm sorry, I just happen to he against it. That's one, I've got about 20 like that. Ms. Lighte: Thank you, Mr. Mayor, I wanted before I give the microphone to Mr, Hollo, I want to speak trosomething if I may or if I'm out of order please tell me. You passed a resolution ions #lt' 1 believe that you had not yet returned. It had to do with San Mai co nighw,y Improvement. As a resident of that island which is the oldest original causeway... Mayor Ferre; Mona, I'm sorry. Ie that dealing with this? Ms. Lighte: No. That's why I said I didn't know whether or not I was out of order, Mayor Ferre; I'll recognize you as seen as this public hearing is over, I will recognize you for that item. Ok, Mr. Rollo. tip MAR 2 51975 Mr, Tibor. Hollo: Mr. Mayor, honorable commission, I have submitted to you a report of our committee. I could read you briefly the findings of out coh- mittee hohiever ybu have copies of the same. I'm realizing that time is of the essence. I must commend my committee here, we have done a yeoman's work. The people in my comr'tittee worked in 11 hearings, one of them a public hearing. We had a good cooperation from the department. We have what I consider sub4, flatted some very worthwhile findings to your honorable commission. Would you like me to read this report or do you have it? Mayor Ferre: If you recall, you already did that at one hearing. Mr, Hollo: There is one important thing, however, I would like to :omment here and that's maybe the major point and if it to deal with Mr. Wallace's report which incidently we find in trincipe an acceptable report. I feel that there are lots of area, it has to be faceted, it has to be developed further. There is only one particular area that our committee along with some of the other committees found somewhat objectionable. I shouldn't use the word objectionable because it really wasn't; we felt that his recommenda- tions were a little too timid in that particular area. For the times sake I go to the synopsis of his report on the page before last which deals with the various districts and Mr. Mayor, you have asked him about the Floor Area Ratio Maximum recommended and he haf; recommended 17. Really, I cannot comment on that 17 because as you have pointed out in the beginning that simply will take care of itself by economics of the area. Thus, I only would like to state one item. We have found that in order to have a viable core, a viable magnet we have to have residences 65 well as office developments to make the core area, the downtown area a more dynamic and a more viable entity. He goes down later on and in his so --caller:: residential areas of his suggestion, I'm referring to "him" as the Wallace Report, for instance in the C-3D or C-3C sections recommends a six FAR. I think it is just the opposite that we want to accomplish in our city. I think we would like to see in the residential areas a much higher density given to those developers who would want to develop residential communities in the core city area rather than having a 17 for office, have a 17 for residence-, ,:rid 6 For offices because I think that the dictates of this decade and the next decade at least in our city and The dictates of our economic will require residences in more than more office develcp1m nt. Heaven knows that we ing with maybe as much as 2,(UC,000 empty square feet of greater Miami. area but we, are direly needing fine middle the downtown section and that's what we want to achieve. your report is 75-85. these core areas much are right now struggl- office space in the class residences in So I'm very much urg- ing you and our committee from our committee level to reconsider this part of the recommendation and infuse ri much higher use for residences rather than offices if you do want to attract the developer downtown. Mayor Ferre: Let me give y(u a specific point in backing, in full agreement of what you're just saying and this is why we really have to think this prob- lem out and I'd like for you just to follow the mathematics of this. If a person has a 20,000 square foot piece of property in the downtown area and he wants to put up an apartment unit and he wanted to go to 7, that's 140,000 square feet of office space. Now just: for arguments' sake if you would please, let's say that we would build 140 apartments, let's say 130 apartments and let's say that you could go out somewhere off of the Palmetto and buy a pice of prop- erty at a dollar a square foot. where you could put... And let's say that the cost was $3000 to $4000 per living unit, I'm just pointing out the numbers here, 130 apartments at $20 a square foot which is say the average value of land in the core area is $400,000. $400,000, let's see how much does that come out to? .... So that approximates the economics of it and that is what we really have to keep an eye on because we don't want: to get this thing zoned in such a way that instead of being an incentive what we're doing, Mr. Andrews, you see what we would be'doing, Paul, is zoning the residential area out of existence in the downtown area because then as a builder I would rather go to Kendal and buy - It's cheaper. Mr. Rollo: There is maybe an even more poignant point at our hands. If you take that same 20,000 square feet according to what is recommended you can put 340,000 square feet of office space on it. Let's say that you can put 300,000 usable square feet of office space on it for which you can get in a normal economy let us say $9 a square foot. tender normal economic conditions you have about $2,700,000 gross annual revenue from that building that's against your recommendation for a 6 FAR as residence where the poor guy only can put as it was figured out maybe a total. of 120 apartments for which his gross annual reve- nue maybe $350,000, maybe $400,000 as against $2,700,000. He'll laugh at you if you tell him to go build residences. Ei i MAR 2 51975 Mayor Ferre: See, in other words what he's saying is that what you're actually doing is zoning residential out of the core area. This is one of the two main concerns that I have that you may be zoning the residential out of the core area for the next 20 years until it is economically feasible because nobody in his tight mind is going to go out and put up an apartment house in tie downtown area when he sees no way of making a profit on it. You know if he can go to Kendal or some other place or Miami Lakes or some other part of the community and build an apartment building there. And he does have that alternative. And the othet thing is as Ted pointed out that if you can put 350,000 square feet of office space there who wants to put 150,000 square feet of apartments? Mr. Rollo: If I may say just one more item and I will drop the subject; we discussed this with Mr. George Acton, the head of the department as a point of suggestion possibly if you would have an inverted bonus, a negative bonus. In other words if you would say to the oftiee builder, let's say I give you a 10 FAR as an office but if you build residences or a certain portion of it resid- ences then for that portion we give you a 20 FAR upon which you build residences. In other words if you want to build 5 FAR offices on that spot then we give you another 10 FAR residential and so on whereby he may have a total of double. I'm just using this 10 as an illustration. He would have 20 FAR for residences or 10 FAR for offices or a mix of the same. This was a possible suggestion that we can give as an inverted bonus, a negative bonus. Mayor Ferre: You see, Mr. Wallace, what Mr. Hollo is saying and this is a man who is responsible for a hundred million dollar development that's going on right now in Plaza Venetia and this is the voice of somebody, he's the guy that's going to have to live with this, he and other people like him. It is fine to come out and theoretically put what we should have but what we should have must also balance with what we can have and that's where we have to live within the bounds of economic reality and my main single concern in anything we do is that instead of being an incentive that we end up really zoning ourselves out of any future development in the downtown core aree. It's bad enough as it is. Mr. Wallace: May I comment? Our zoning consultant isn't here and so I think what we ought to do is talk with Mr. Acton about re-examining this because obviously the last thing we want to do, the last thing we want to do is chase the possibility of resi dent.ai l out of the downtown area because it is the first thing that we think, we tot -ally agree with you, is not only the goal but the necessity. Mr. Plummer: Mr. Mayor, I just want to make one comment here... Mayor Ferre: J.L., excuse me, Rose did start to say something and I apologize I interrupted. Do you want to say anything? Ok. Mr. Plummer: The thing that I was going to bring up was that you remember how much hassle we had over the FAR on Claughton Island. And just to refresh my memory I asked what was the FAR of Claughton Island - It was 3.24 and the depart- ment recommended 2.50. And here we are now right across the river talking about in the realms of a minimum of 7 and a maximum of 17 and I just wonder where do we hit a happy meeting ground. Mayor Ferre: Well, let me point out a very very basic difference. Five years ago you could have gone out and bought land on Claughton Island for $3.00 a square foot and you cannot buy land along Biscayne Boulevard for anything less than $50 to $60 a square foot. So you've got to keep that into consideration. Mr. Plummer: Well, also, Mr. Mayor you know I just try to invision in my mind that if in fact we would have allowed Claughton Island to be developed under the proposal that they're speaking of as 7, using 7 as a bottomline figure we're talking about twice the development that's going there. That's really what I am saying I guess that you know we did half of what they're recommending for right across the river. Mayor Ferre: Except that right across the river only has one entrance and that's another key. You see the limiting factor of Claughton Island was not the size of it but rather the transportation limitation. That's what was the restraint. Ok, well. Mr, Hollow, we want to thank you. We want to thank Mrs. MacIntyre. Would you like to speak, Mrs. MacIntyre? And Mrs. Mona Lighte. Are there any other chairmen that are present here today? All right. Mrs. Dolly MacIntyre: The only tiling that I wanted to add was that when we went through the same process for the Coconut. Grove Plan this commission passed an interim ordinance which gave you all the ability to be able to shall we say MAR 2 5 1975 scrutinize things that were taking place in Coconut Grove pending the final apptoval of the Coconut Grove Plan. I wonder if it is possible to do such a thing in reference to the downtown plan. Mr. Plumber: It's on the agenda a six month extension on the moratorium, or not moratorium but the overlay. But it's on the agenda:.. Mrs. Gordon: It's only surrounding the Government Center though, Mayor Ferre: Well, from a practical point of view I see nothing wrong with that because nobody is doing anything in downtown anyway. It's just as dead as it can be. I only wish that there were somebody that were actually planning to do something. Mr. Plummer: Maybe we're trying to create a demand. Mrs. Gordon: I believe, Mr. Acton is standing up and he can speak to it but I believe that if we expanded the perimeter of the interim zoning area we have to go through the Planning Board in order to do that. Is that correct, Mr. Acton? Mr. Acton: No, you'd have to... What Mrs. Maclntyre is talking about is the action the commission took upon the adoption in principle of the Coconut Grove Plan where you said through resolution that any building that was btilt in the Coconut Grove area must conform to the Coconut Grove Plan in terms of zoning for the entire area. Now the interim zone around the Governmental Center only pertains to exactly that. It relates to the proposed Government Center and controls signs and land use and so fcrth. It does not really relate to the entire downtown area. Mrs. Gordon: In affect what you're saying or what we're being asked is to approve this now in principle and then at the second step limit review on all new construction. Isn't that what in e.fect is being done? Mr. Acton: That's what Mrs. Maclntyre is suggesting that the commission have the opportunity to review any new development in the downtown area so they can make judgements as to how it does or does not conform to the proposed zoning in the downtown area. Mayor Ferre: I can only speak for myself, I repeat if you ask me to vote on this today I will vote no. And therefore, since I would vote no I certainly would not vote in principle to accept this as it is and limit... I'll tell you on the contrary, I'm praying that the landowners in the downtown area would come up and try to develop that area. I'el be tickled to death to see 5 or 10 buildings be under construction in the downtown core area. I want to tell you since I am very much aware of what is going on in downtown that at this time I do not know of one single private development anywhere near con- sideration. Mr. Acton: Mr. Mayor, the purpose of this public hearing really was to get some type of direction from the City Commission hopefully prior to the time that we went into public hearings where we could consider the detail zoning application at the Planning Advisory Board level. That was the real purpose. In other words, for the commission to take some type of policy either at this meeting or a future public hearing on the plan itself we hoped to have this direction from the commission. Mrs. Gordon: I need to ask a question before we can take an action of that kind because there are some questions, the Mayor raised some valid ones like the development line on Flagler Street because I know that in the suburban commercial districts we have a setback, a requirement. Is that right, Mr. Acton? I said the commercial areas even in the suburban areas of the city not downtown have a setback, the property line for landscaping and beautifi- cation. Mr, Acton: Yes, right at the ground level it does, yes. Mrs. Gordon: And Flagler Street would not have that. Mr. Acton: Yes, it would have an arcade but the Mayor is speaking to the' mandatory requirement recommended that the building above the first floor level be built at the building line or no setbacks above that point, Mrs, Gordon: Oh, then there would be a setback and landscaping on the ground level. On the ground floor level, clarify this point. Would it be a lot line, a property line development or would there be a setback for land- scaping? h !) 1 MAR 51975 11/ Mr. Acton: No, there would be an arcac? provision. In other words there would be a setback. Yes. Mrs, Gordon: There would be a setback on the groundfloor level. Mayor Ferre: But the building would actually have to by law be built to the property line. Mr. Acton: Above the first level. Mayor Ferre: Which means that if you were to stand at the foot of the library and look up Flagler you would see a solid wall of concrete. Mr. Acton: That's correct. Mr. Mayor, this is the kind of policy direction that we hope to get from the commission today. That's what we're looking for is some kind of a .... Mayor Ferre: George, that's one thing; like that there are 20 or 30 import- ant items that have to be carefully discussed. Mr. Acton: Right, but I say we're talking about the plan in principle and this is what we're looking for, some kind of direction from the commission prior to the time they go into public hearings at the Planning Advisory Board level to take up specific zoning districts. Mrs. Gordon: Maurice, I think a principle adoption of the plan isn't going to restrict us from altering any of the recommendations you have in mind or the committees have in mind or any of us have in mind because a principle adopt- ion means that we have accepted the principle that there needs to be change, that there needs to be an inclusion of the zoning that permits housing which some areas down there that don't permit it now. Mayor Ferre: If you want to word it that way I would vote with that but I certainly would not tie it. Mrs. Gordon: Well I wouldn't want to be tied to an exact plan right now either because it needs public hearings.., Mayor Ferre: I would not accept in principle this document. Now if you want to accept in principle the idea I certainly have no objections to that. Mr. Andrews: Would the commission consider the thought that you're accepting it for the purpose of holding public hearings so the public can have an oppor- tunity to review it and in turn the commission then pass judgement on the total plan? Mayor Ferre: 0h sure. All right, moved by Mrs. Gordon seconded by Vice -Mayor Plummer. Is there any further discussion? What we're doing is we're moving it for the purposes of public discussion, as I understand it. All right? Is that clear? Mrs. Gordon: Yes, then you can incorporate changes as you go along. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-272 A MOTION ADOPTING IN PRINCIPLE THE REPORT ENTITLED "DOWNTOWN MIAMI - 1973-85; AN URBAN DEVELOPMENT AND ZONING PLAN" PRE- PARED BY WALLACE, MCHARG, ROBERTS AND TODD AND PRESENTED TO THE CITY COMMISSION THIS DATE. 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. CE RT I F I CA1ES De: Pu L i t, CONVEN I ENCE 20i SEMIANNUAL PUBLIC HEARING AND NECESSITY tAXICA$S & FOR HIRE CARS The following resolution was introduced by Commissioner Plummet, who Moved its adoption: RESOLUTIOt' NO. 75-273 A RESOLUTION GRANTING THE APPLICATION SET FORTH HEREIN FOR THE REPLACEMENT AND TRANSFER OF CERTIFICATES OF PUBLIC CON- VENIENCE AND NECESSITY. (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: Commissioner Manolo Reboso Commissioner. Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 21, PERSONAL APPEARANCEJACK EISE-tG 10 TAXI REGARDINGNGGEOGRAPHY PORTION OFSN, TESTING PROCEDURES ETC, Mr. Andrews: Mr. Jack Eisenberg wishes to be heard. He represents Big Ten Taxi Corporation in reference to the examination procedure. He had written a letter to me asking that he be heard at this time. Mr. Jack Eisenberg: Mr. Mayor, commissioners, I'm here to request a repeal of the resolution 75-19d that was passed en the 27th day of February. It states: "Be it resolved by the Commission of the City of Miami that the requirements that applicants to operate be required to pass a geography test be and is hereby waived for a six-month period providing the requirement that every taxicab be equipped with a list of principle destinations and a map of the city." As of this date there aren't any maps in any taxicab or any destinations. I am repre- senting Big Ten Taxi Cab Company, Diamond Cab Company and Airport Texicab Com- pany. We hold approximately 25% of the permits in the city. We see no reason for doing away with the complete geography test and we have requested that records be brought here so that we can prove to you people that there isn't any need of doing away the test. To date there are 431 cabs and 2000 licenses. In the last six -months we have had 233 new licenses passed. 40% of these licenses seem to be for a single company and this company operates less than 10% of the cabs. I believe that it is detrimental to the industry and the cab driving public to have people that do not know anything about the city at all. We have complaints that people don't know how to get to Jackson Memorial, how to get to the Fountainbleu, they don't even know which airport to go to and I'm not being facetious. I would like to ask the Police Department to give their opinion of the removal of the geography test. Mr. Andrews: I think that placing the Police Department in a position of respond- ing to this at this time when the commission has already acted after they have had this information before them at the last time that this was discussed which was on the 27th of February that we are approximately one month into this exper- imental time. I would think that since the commision has already acted and that the taxicab industry was well represented when this matter was brought forth and even though the commission did not precisely follow the city administration's recommendation I think that we should continue with the experiment and wait six months and have the Police Department any myself report to the City Commission our findings after that six-month period and then the commission will be in a position to make the final decision, Mr. Plummer: Well Mr. Andrews, one of the things that you're not saying is that was brought out at that hearing and Mr. Eisenberg, I think it is very im- portant to you, sir; there was nothing to stop you as an individual of requir- ing.from your drivers that exam. You have every right in the world as an owner of a cab company to demand of your drivers that they take such an exam. Mr. Eisenberg: They city is not giving that exam. 1 Mr. Plummer: I didn't say that sir, you didn't listen to me, There is nothing to stop you as an owner of giving that exam and requirement of your drivers that they pass it. There is nothing to stop you from doing it. Mr. Eisenberg: Commissioner Plummer, when a man receives a license we take it for granted that he is a capable driver. He leaves the employee of one of the nen that has employed him and he comes to us and we take it for granted he can drive and knows where he is going. We do not go through giving the test, It seems that most of these licenses are going to one company and his turn over maybe 1000%. Mr, Plummer: Well, under this proposal as passed by the commission, in fact, you know you just can't take that assumption any more. Mr. Eisenberg: Well, we were not properly notified, we were not notified at all. Mr. Plummer: Let me ask one question. All right? Sergeant Webb, I won't put you on the spot I'1.1 ask you a questior. In the. 30 day experience that you've had so far have you had any or a great number of complaints that would relate to deletion of the geography test? Sergeant Webb: No sir, there have been minimal. Mr. Plummer: Would you say it was normal? Sgt. Webb: Yes, it's hard to answer this because we stopped taking complaints that originate at the airport area and when the destination is explicitly in the unincorporated areas of Dade County. Mr. Plummer: All right. So in other words at this stage of the game after 30 days experience you haven't had no great adversity to it? Sgt. Webb: No, sir. That':, correct. Rev. Gibson: Out of fairness to both sides sir, I share your concern but would you think 30 days would he adequate time to test the thing to see whether it will or will not work? Mr. Eisenberg: Well Father Gibson, since the inception of the test that is when the Police Department took over the Taxicab Bureau we have always had suf- ficient drivers and they seem to have passed the test - low and behold, we can't seem to pass the test now. We have people that really don't know where they're going and while it's true that they'll only get one complaint if you ask a man to get to a hotel on the beach and he doesn't find it the first time he will know where it is the second time but he may have 20 or 30 destinations and people will be hurt by that. Rev. Gibson: Let me ask this. You know I thought, and I was really elated over this, I thought that the radio business that we assume that would be installed as a substitute was a much better way out so that a man would not necessarily get lost. You know I live in Miami, you can't believe this. Ok? I've been here 29, I've been back to that church 29 years and I was born and raised' in this town 59 years ago. Do you know what? When we got to... J.L., you know the man that I rented the headquarters from who came here? There was an address, what is that, 27th? Twenty-seventh Avenue. God knows I tried for one half hour trying to find that address and you know there are some places in this town I don't know. Mr. Eisenberg: Father, how would you feel if you were a taxicab rider and you were riding for a half hour? Rev. Gibson: Let me say this, the reason we put, we went to the radio position was hopefully that any driver who did not know where he was going would call his headquarters and since you have a map, we assume you have... Well, let me say this: Maps are plentiful around here aren't they, Mr. Andrews... Aren't there plenty of maps around here? I want an answer because can't we find some maps that the taxicab companies can have them so they could know in the dispatch- ing they could say to their men, "this is how you get to that point." Well, let me say this, sir. I would hate to come here and vote for a thing and before we give it adequate time to try that we want to change again. It's much like child's play and I share your concern but I would like the dispatching thing to go on for a while and then if it doesn't work we would be, I would be just as anxious to vote to change it as I did to do the other, Mr: Eisenberg: The average dispatch rocm does not have the time to direct everyone where to go and that is a fact. And may I say that in 6 Months 333 licenses have been issued, in 6 months. There are 2000 licenses now in the City of Miami and only 431 cabs. That's five for every cab. Rev. Gibson: But you know what I like about Miami, I'm going to tell you this too, Unlike most cities, I travel a lot next to Plummer and the Mayor I think I cover more and than anybody else on the commission because Plummer is the only guy I know who can in 24 hours cover 10,000 miles. Ok. The thing I like about Miami is by and large you get perhaps the best taxi service I have found over the country, I despise with the exception of one trip I've made to New York within the last four months. I always thought that they were very impersonal and the service was awful. Mr, Eisenberg: I'd like the permission to quote Father Gibson that we have the best taxicab service in the country. Rev. Gibson: No, I said I think we have. I think that might be a value judge- ment. Mr. Plummer: Mr. Mayor, I hate to justify my trip but Paul and I asked in the places that we visited. Neither L.A. which Paul was with me nor in Frisco where I asked myself, neither one of them require of their taxicab drivers a geography test. We asked that intentionally. MELVIN J. ADAMS-H,U,D, ADVISORY BOARD PROPERTY ACQUIRED BY' HUD BUT UNDEVELOPED 22, PERSONAL APPEARANCE Mr, Melvin J. Adams: I'm very hone red to be here. George Reed, the chairman of the H.U.D. advisory Board had intended to be here but he said if he couldn't make it to give his apologies; he had an appointment this afternoon. The problem that we see in the central area, 0vertown area is that although there has been a considerable amount of housing built there there still are large parcels of land that are vacant, that are unbuilt upon and that are in this condition for a variety of reasons and what I would like to do, and until these are built on any explanation that I give may be accept- able but for the people still living in the neighborhood who've seen cleared land for 3,4 and 5 years they're not going to believe anything is going to happen until they see dirt moving. So let me just very quickly go to the map, talk for a couple of minutes and then answer any questions you might have. The area that we have on this map... This is the Jackson Memorial Hospital area, this is Interstate 95, the Community College, This is the original redevelopment area that has (INAUDIBLE). But when we look at this area, when we drive through it we see vast areas about equal in size that are vacant... (INAUDIBLE). Mr. Plummer: Mel, the reason you were brought down here I thought if I rem- ember correctly was not for that report. This commission was terribly upset at the tremendous amount of property that you have acquired in the core area and not of your own fault, but fault it is - nothing has been done with it. Now that brings us to the point where you just finished. The concern of this commission was that you in fact, H.U.D. are the owners of that property, that you in fact, the owners we don't feel are properly keeping that property clean. We don't feel that you are in anyway enhancing the neighborhoods by leaving that property totally blank and that we feel that it has been condusive to some very bad criminal activity, some other activity that exists. Now Father, were the one that spoke so loud on this. Do you recall this? Rev. Gibson: Sure. Mr. Plummer: Ok. So I think really what we want to hear from you as the owner of this property - what are you doing to clean it up? We know that it could be two years or three years, who knows what it could be; but what are you as the landlord or the owner of that property doing to keep it let's say at a presentable state? I'm not talking about improvements. M. Adams: Well, I thought 1 was here for one or two reasons either what I've explained or what you've asked about... Mr. Plummer: Well, Ok. Mr. Andrews has been saying that he sent the crews over there and we're going to either eat the cost of it... Mayor Ferre: The reason it's clean i:; because we cleaned it. I hate to tell you that, e ti MAR 251975 �. r Mr. Adams: That's not what my people told me but anyway we'll keep it clean. We assure you..: Obviously we should kee,' it clean and if we haven't in the Past, We'll be managing very little property that's occupied so we have a lot of time to keep the clear land clean. Mt. Plummer: Well Ok; let me say this. Now I think, and I'm :tying to pull out of this memory of mine. I think the concensus of the commission was that fot little or no money that maybe in fact you could put some benches for people to sit in, that in fact you can take advantage of this tree bank and put some trees in, that you could in fact take and maybe use winter rye and make a green area rather than weeds, that we felt that there were a number of things that you could do rather than just letting it grow sandspurs. Now do you have any suggestions along that line? Mr. Adams: I think planting rye grass but I'm not sure of putting benches there whether that would be more of an invitation to the kind of activity... I would be very happy to talk with the city if anyone in the city could get some thoughts and talk to... Mayor Ferre: Mel, let me ask you a question. Is that the totality of the land that you won in that general area? You don't own any other land that isn't marked in color? Mr. Adams: No other, there is one strip of land here that's in the path of the rapid transit but that's in totality. Rev. Gibson: Mr. Mayor, let me ask a question since I serve both here and there. Mr. Adams, what we're concerned about is the general looks of the place, not so much buildings but we feel that H.U.D. needs to get a crew now. If H.U.D. has enough land that they could keep men working five days a week, 8 hours a day. Now it is incredible that in the City of Miami that we cah have all these weeds growing up and this bothers us. We look bad,psychologically it affects us. It creates a problem for our Police Department and it increases their worries. Now what we hope having had you here today is you've .card our concerns and that cer- tainly if I could vote there and here I'm going to vote for you to plant that rye grass. You know? All right. Mr. Adams: INAUDIBLE. Mayor Ferre: Thank you very much for being here, Mr. Adams. Are there any other questions? Mrs. Gordon: In the park that the city has designated as having have we already taken title to that? Mr. Adams: It is the process of legal clearances... Mrs. Gordon: When do you imagine that it might be finished? Ok, then the city can go in and start... That's a good idea. Ok. MAR25197 23, POLICE ACADEMY DISCUSS;ON CHIEF OF POLICE ASSISTANT CHIEF OF POLICE Mayor Ferre: All right, Thank you very much- Mr. Adams. Now, Ladies and Gentlemen, I am going to have to apology. Harris you are going to have to forgive me, sit down again. I apology to Mr. Odi.o and the other people that are members of the public that are here on items, but we have tt, Chic- of Police here who is an extremely busy man and the Assistant Chief and we ha,4 a 1c7.. of important things that they ate sot if you will forgive us, I tam going to take them out of order so that they can get back to protecting the City of Miami and its citizens. Mr. Andrews: Mr. Mayor, and Members of the Commission, you asked me to inform the City Commission and particularly Commissioner. Plummer (excuse me Vice Mayor Plummer) raised questions with reference to the Criminal Justice Institute vs. the city under. -- taking its own academy. We have looked into this matter, there have been adjustments that aremade and I want to give you the City Manager's recommendation that we continue with the current usage of the Criminal Justice Institute that's my recommendation to you. Now while the Chief is here, the prinoipl.e spokesman will be Assistant Chief Fox, it's under his area of the Police organization that this responsibility falls and he will present some facts to you and then we will respond to any questions that the Commission has with reference to the Criminal Justice Institute and our continued participation. Mr. Plummer: That's well and good Mr. Manager, but I want on the record that most likely I will invite these -;acne people back in two weeks, unfortunately this memo was not provided us until yesterday afternoon. 1. have not had the time to digest it nor the time to go into the depth that i think is needed end based on that I just want everybody put on record that 1. am not prepared to discuss it and I will most likely invite them back in two weeks from today. Mr. Andrews: Well, then under those circumstances I suggest that we wait until two weeks and have these people come baek and 1. will schedule it at the end of the day as I did this time, so that.... Mayor Ferre: My apologies for having rnade you wait then, for this past hour and a half. Now, let me ask you this, since they are here and I hate( you are talking about a half of dozen of very important people) why don't we listen to them right now, and then come back if we need them in the future, but they are here already, why don't we ... ? Mr. Andrews: The purpose of the memorandum was just co document our findings in this and I wouldn't want you even to rely just on the memorandum. I had hoped for the person- al contact and you could raise questions. Mayor Ferre: All right. Let's do this, I think we ought to at least listen to what they have to say for 15 or 20 minutes and then we can if we need to deliberate further. Asst. Chief Fox: Mr. Mayor. and Commissioners, since the December meeting in which questions arose concerning the Institute of Criminal Justice in Miami Dade Community College, a number of things have happened. First of all, in January this department brought to the attention of the Advisory Committee at the Institute some problem areas that we had previously brought to your attention. Many of those problem areas have been aggressed, they are being resolved, some of them have already been resolved. One of the meaningful things I think that came out of all of this is the reorganization of the corri- culum which was reduced from 24 weeks to 17 weeks and it was reduced by taking some of 4:hat we consider fat out of the curriculum training program. We have also got',n good response from the institute personnel and from other Police agencies throught ► e county. They are listening to us, our input is being heard and I see that the problem areas are being resolved. In brief, that the essence of this report that you have in front of you. (COMMENTS FROM MR. ANDREWS - INAUDIBLE) Asst. Chief Fox: Questions did arrise on the number of people being dropped from the institute academic and other reasons, so we went back and studied a period from January 1974 to March of this year, a period of 14 months. During that period we had 137 recruits enrolled in the institute (these are Miami recruits), Of those, there were 24 Blacks, 39 Spanish, and 72 others. During that same period there were 27 individuals eliminiated from the institute."9 Black, 9 Spanish, and 9 others: Now, the reasons for eliminations or varaied, background investigation, resignations, medical reasons, and academics. I think when we address the institute, we are primarily concerned about the academic wash- outs, There were "12" academic eliminations during that 14 month period out of 137. For academic reasons only;'.4 Blacks, 4 Spanish, and 4 others'.' Of the 12 academic eliminations, "9"of those were established by the random drawing procedure at the Civil Service Department, If you look at those"9"(Q1JESTIONED BY Mayor Ferro; Is that the Coffee Beam Operation)? ANSWERED; Yes sir, the random selection procedure . So,"9"of those were established by MAR 2 51975 the random drawing and subsequently eliminated from the academic or the institute for academic 'reasons. Of those "9" which were random drawing people, "4 were Black, 4 were Spanish, and 1 other". Therefore, we could eliminate therandofn drawing people for elimination for academic reasons. The remaining act of eliminations were 1 Black, no Spanish, and 3 others. 7. think the contention that wash -outs of the institute are for the reasons that 1 read in the press are not supported by the facts. Rev. Gibson: Chief let me ask a question? Why does a man have to be put out of the institute for medical and background reasons, I don't understand-- why let him start in the first place if you can't qualify for medical reasons and why do you let him go in the first place if his background is not right? You know, this is a waste of the tax payers money, if a man can't pass that medical exam, he couldn't go, you waste my money and my time, If a man hasn't taken that polygraph business or whatever you all give them, he shou.ldn't go there in the first place, why wait until he gets midway and then kick him out, that's a complaint? I am concerned, because you know what you are telling me, you built that man hopes up and then you boom: Any fool ought to be able to see that! Ycu all are a long ways from being any fool now, do you know what I mean? Asst. Chief Fox: I would like to answer it, Father. In the past there have been some problems with background i.nvestigatio..s being incomplete prior to entrance into the institute, now we are not going to let that happen anymore, because it raises more problems tor us then it's worth. It happens in cases where we get last minute approvals to place people into the institute and we really aren't ready to send them there, but we want people to come on the Police Department, we want to fill our vacancies, so in our interest in fulfilling the vacancies we have put people into the institute that haven't been completed on the background investigation. Originally, we have addressed that problem, we have decided that is not going to happen anymore, that it just doesn't help us at all, it hurts us more than it helps. Rev. Gipson: All right, let me ask another question? I am interested in how guys can get on in the county and scant get on in the city? Mr. Plummer: The requirements are higher. Rev. Gibson: Well, that makes me think of another thing J.L. that's even worse. (you know) what I am concerned about, we are developing these (officers) law enforcement men, somehow we need to address the county so that these requirements would be the same. You would agree to that wouldn't you? Asst. Chief Fox: No sir. Rev. Gibson: You think that our requirements ought to be higher than the county. Asst. Chief Fox: (previously answered) I think that their needs if they are different from ours, they should establish their own requirements. I know what Miami's needs are and what our requirements should be and what they are. Rev. Gibson: Beautiful: I thought you would tell me that. Well, why in the devil we all go to the same academy then? Now, remember I have been a strong advocate for one academy because I think that once you train a man he ought to be able to move about, maybe you curriculum people need to get together. Asst. Chief Fox: The curriculum people are getting together right now, that's part of the solution to some of the problems. We have a curriculum committee meeting twice weekly, right now. They met this morning, they meet Tuesday and Thursday morning and they are designing( putting the flesh on this skeleton of the 17 week curriculum, that will be ready to go on April 28th, when the first 17 week program begins. We are talking about at the institute academia, we are not talking about the basis requirements for selection as you addressed earlier. Academia can be the same for any place in this State of Florida and it is. The requirements are the same for every Police Officers in the State of Florida. We add more than the basis requirements to that however, at the institute, they get more than the minimum standard requirements. Mr. Plummer: I don't have don't have any -- truck with that I think it's great! Are you al] finished? Because 1 will start today and finish in two weeks. Ok? I want to hear now from Neal Garfield and Lt. Ross, those are the two individuals who stated in front of this Commission. Mr, Reboso: Chief Fox, before you leave let me ask you a good question, which one is the academy that the identification are obtained right now? Asst, Chief Fox; The identification technicians; we have scheduled them to attend one at a time , and originally it was scheduled that they attend the entire 24 weeks session. Mayor Ferre: Well, you have I.D. people going to the school. Asst. Chief Fox: Yes sir, we did have until yesterday and we are not going to schedule one for the April 28th class however. Mayor Ferre: Well, why are they going to that school? Asst. Chief Fox: We are going there because it's the only training program that l had available to train I.D. Technicians, there is a crying need .::. Mayor Ferre: Does that mean that you are going to make them officers when they finish. Asst. Chief Fox: No sir, not at all. Mayor Ferret They don't graduate as Officers. Asst. Chief Fox: No, but they do get a certificate that they meet minimum standards _ in the State of Florida to be Policer Officers and if they chose to be Police Officers else where they could go there and be hired as Police Officers. Mr. Reboso: They won't be sworn in. Asst. Chief Fox: They won't be sworn in, in our department, no sir. Mayor Ferre: We are getting into somE thing ,.1se wh-.ch is not scheduled for today,but I still don't understand why does Metropolitan Dade County have the I.D. people as sworn officers and we don't? Asst. Chief Fox: They are calved special deputies, they aren't d?puty sheriffs, but they are special deputies, they are paid a lower salary than the deputies. Mr. Plummer: But you have that same power in the city to do it, but you just don't like to do it. Asst. Chief Fox: We don't have the power to make them deputies, no sir. We don't even have the power to make them Policemen unless they meet all of the requirements. Mayor Ferre: The question is, suppose one of these guys goes through that course and graduates and yet,wouldn't he be intitled to become an officer? Asst. Chief Fox: Not automatically, he would have to apply for the job and be selected like everyone else. Mr. Plummer: Miami City Code authorizes the Chief of Police to issue special police permits. Asst. Chief Fox: That's another matter, that is not .... Mr. Plummer: Wait a minute. We are after one end results as I understand it and that end results is arming the I.D. Technicians. Asst Chief Fox: We are on another discussion now, the arming and the technicians. Mr. Andrews: That's different than what we are discussing now. Mr. Plummer: Well, you are discussing the schooling, is that correct? Asst. Chief Fox: We are discussing basic minimum standards to become Police Officers. Now, the arming of the technicians is another matter, that is being done, as a matter of fact, the I.D. Technicians have just completed, they are in the process now of receiving fire arms training, now that is solely for the purpose of arming them why they are on duty and on the street, they will not be armed 24 hours a day, they will have no power to arrest, they will not be Police Officers, they will be special officers with very limited authority. Mayor Ferre: Chief, let me ask you this, what is the standard procedure throughout the United States, are there any statistics on that, do most major Police Departments arm their 1.D, Technicians, does anybody know that, you know like Boston, New York, Philad- elphia,Bal.timore, etc.? Asst, Chief Fox: No, T am not prepared to answer that, I don't know, Mayor Ferre; I am curious to know how other communities handle this problem. MAR 2 51975 Asst. Chief Fox: I hear what you are saying, but I don't know that it is import- ant to the to know what Boston is doing, if I have a need to arts the technicians then I think that's what we should do and I see that there is a need in out department so that we can relieve a Police Officer in the crime scene and let him go back to his post. Mayor Ferret That's very nice Chief, but you know no man is an islard to himself __ and don't tell me that we in this Police Department here don't investigate and get ideas from other Police Departments, we are not, you know, that happens and what you are telling me is that we have prefection and we don't need to learn from any., - body else. am Asst. Chief Fox: No, that's not my point Mr. Mayor. In fact in many; many Police Departments throughout the United States Police Officers serve as I.D. Technicians they are regular Police Officers. many departments. t= Mayor Ferre: I don't know what the ant,wer is, and'I am saying that 1 would like to know,not that the fact that San Franciscc, Philadelphia, Los Angeles, and Boston does it means anything to Miami. I get your point, but on the other hand, I' would like to know how other communities handle this problem. Mrs. Gordon: Mr. Mayor, may I make a comment, because it happened when my house was burglarize when I arrived the I.D. men was taking the prints and from the evidence that he found, he thought that the burglar may still be in my house and probably may- be hiding in the attic or whatever, he had to call a Police to come back, because there were two trips to my house and what Chief is saying is if the I.D. man was armed he would have looked in the attic, but he wouldn't look in the attic because he was not armed and so he said we better call back to squad. The squad came back and searched the premises and didn't find anyone, so it's an interesting thing that's right on point. "I think.' Mr. Andrews: Mr. Mayor and particularly Commissioner Gordon, I doubt that our I.D. Technicians would have looked for a suspect; the reason that we are arming him is not for search and other matters In the anticipation of finding someone inside of a build- ing. .Mayor Ferre: What do you mean that you are.arming them. I thought that they weren't armed? Mr. Andrews: They are now be..ng armed, they are going the training right now to be armed and the reason for arming is for self protection not for t-ie aggressiveness that a sworn Police Officer would use in searching them out, so even if he were armed he probably would if he suspected that the individual was still in the building he would call for additional Police Officers to come and make that search. Mrs. Gordon: He just didn't know because the prints showed entrance but not exit prints and so their is ways of getting out by as he explained - by covering their hands with gloves or whatever, but nevertheless, the point is I didn't want to stay in there too long not knowing if there was someone up there or not. Mr. Plummer: Can you give me the figures again, you said in the last twelve months 137 have entered the academy? (the last 14 months) Out of that 137, how many dropped out, how many are now working for the Police Department, it's just that simple? Asst. Chief Fox: No, I don't have that information on how many are left, this study was done to determine.... Mr. Plummer: Well, that's the important crux we are getting too. Asst. Chief Fox: No sir, we are dealing strictly with the institute itself here, and how many was separated during the training program, that was the question. Mr, Plummer: How many are working- look Kenny we are getting to one point, we are under a federal court order, why many new Blacks,how many new Latins, are you going to put on the department, that the whole thing? Asst. Chief Fox: I can tell you how many finished the institute program, ok? Now, I would have to go back and look for Jan., Feb., and March, right up through to deter- mine how many are still here today. Mayor Ferre: When you come in two weeks, will you bring us that information spec- ifically? Kr. Plummer: Well, let the more specific than that, penny, how many of them graduated and went to work at least a day for the department? Asst. Chief Fox: 110, Mr. Plummer: Ok, so in other words 27 dropped out, Now, of that do you have the break down of how many new Black Officers, how many new Latin Officers did we ac= quire? Mayor Ferre: Well it 30 less 9 that dropped out and the 31 less 9 = what 22? Asst. Chief Fox: Are you talking about during that same period? Mt. Plummer: I am talking of the 127 men that went to work for out department in the past 14 months, how many were Black, how many were Latin? Asst, Chief Fox: Ok, 24 B1a.ck minus 9 equals 15, 39 Spanish minus 9 equals 30, 72 others minus 9 equals 63. Father Gibson: Chief. I am your friend, do you know what I would be interested in knowing. I would be interesting in knowing the answer to that question we asked(you know) how Boston, New York, Washington, San Francisco, L.A.,and Atlanta treat this matter. I am also thinking because maybe, we aren't using the men to the full potential,that also can be a heading agenda question in my mind. Mayor Ferre: Chief, I am not trying to pick a fight or be critical or anything but I can't help but be concerned when you see that you are not concerned with what's happening in other major cities. I don't think you really mean that because for example, if you recall what we were talking about the computer which everybody in the Police Department was so anxious to get, you certainly went and studied what other communities does for each department on that and as a matter of fact the Vice Mayor Kojax went to California. He went over Huntington Beach, to look at that computer that you were all very interesting in seeing how it was operated in another city, so I think that 1 would imagine that police work and entails finding out and keeping up to date with inovations and different parts of the country. Asst. Chief Fox: Mr. Mayor, we are a bunch of pack rats when we go any place we bring back mounds of materials and we look at it and study it and from that we pick out what we think we can use from it. We are not adversed to the little pleasures from here and there. My comment wasn't directed for the fact that we are not interested, we are always interested. Even though we do determine that Boston doesn't arm or does arm we are still going to make the decision based on our needs here. Mayor Ferre: Nobody's arguing that, but I think we have to find out what other communities are doing so that we can also weigh that in our consideration. Mr. Plummer: Kenny, I got a problem, maybe my mathematics has gone bad. Asst. Chief Fox: Yes, it's adds up to 135. Mayor Ferre: 72 and 30 is 102 and 15 is 117. Mr. Plummer: You said,"I come up with the sum total of 15 Black, 30 Latin, and 63 others ", it's 108 somewhere we lust nineteen men. You said , "127 went to work for the city", is that what you said? Asst. Chief Fox: No, I said 137, but my figures add up to 135. "72, 39 and 34", should add up to "135". Mr. Plummer: In other words, you are telling me "135" went to work for the city. Asst,Chief Fox: Right, my fact sheet is not factual. Mayor Ferre: Unless, you have something called"others". Asst. Chief Fox: "72 others". Mr. Plummer: Of this Advisory Committee, how many people sit on it? Asst. Chief I'.,x; I believe 15, Mr, Plummer: How many votes does the City of Miami have? Asst. Chief Fox: One. Mr, Plummer: Why? MAR 251975 Asst. Chief Fox: Each- the Day Public Safet: Department and the City of Miami each have one vote and that is a third vote from the Police Officers Represent- ing a:balleit departments, so there ate three votes. Mr. Plummer: That's three out of fifteen. Asst, Chief Fox: I think I am right on that, it's either three or four votes that the Police Officers have in that institute. Mr. Plummer: If Carland Watkins has one vote and sheriff's department have one one then the officers in the academy themselves? Asst. Chief Fox: No, no. A peraon representing the small police agencies in Dade County. Mr. Plummer: Ok, that's three votes. Asst. Chief Fox: The F.B.I. has one vote. Mr. Plummer: Does the F.B.I. send people through that academy, why do they have a vote, why should they tell us what we need? Asst. Chief Fox: It's supposed to be --- MAR 2 5 1975 4 24, CLOSE PORTION OF N, W. 7 STREET AND SOUTH RIVER DRIVE Mr. Andrews: I hate to cut Mr. Turner short, but I think I can Save Mr. Turner and the Commission a.lot of time. The City is not adverse to closing the street providing that we do not have to vacate the public right of way. We had many streets when I first arrived with the City that were Closed streets. We had the public right of way but because they were not paved or could not be used for some reason, they were closed. Now, what I would like to do, is we have reviewed this agreement and except for some minor changes in the agreement, we would find the agreement satisfactory except that we need to get together with Mr. Turner and some of thl other property owners to make sure there is no conflict here as far as those other property owners. If there is not, we would then be prepared to present a resolution to the Commission closing the street. Mrs. Gordon: Would that be a permanent closure or temporary? Mr . Andrews: No that is up to the Commission. If at a time in the future we reopen it for the purpose of developing the street or a bridge structure in that location and wish to re -open it, the Commission could exercise their right. Mayor Ferre: From the map, that street does not go all the way to the water? Mr. Turner: Correct Mr. Mayor. Mayor Ferre: So in other words, we have, the public has no way of getting to the water from this street? Mr. Andrews: Its a dead end street and that is the reason we are not adverse administratively to recommend to the Commission that it could be closed. Mayor Ferre: Is that acceptable to you? Mr. Harris Turner: Yes Mr. Mayor, that is fine. Mayor Ferre: That the street be closed but not abandoned. Mr. Turner: Mr. Mayor, we have a 60 day cancellation clause in there and the City can cancel this with 60 days notice at any time. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 75-274 A RESOLUTION AUTHORIZING NND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO AN AGREE- MENT WITH ANCHOR MARINE OF MIAMI, INC. TO FENCE AND USE THAT PORTION OF N. W. 7 STREET FROM N.W. SOUTH RIVER DRIVE TO THE MIAMI RIVER (Here follows body of resolution, omitted here and on file i.n the City Clerks office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES; Messrs. Plummer, Gordon, Reboso, Rev.Gibson, Mayor Ferre. NOES: None MAR 2 5 197 25, WAIVE RENTAL FEE MIAMI MARINE STADIUM h1tAMI ROWING 510 11,121i3,1915 Mayor Ferre: Now we will recognize mrs. D'Arce and Mr. Cesar Odic. . Mr. Andrews: For the record, the City Attorney has a resolution prepared which he will submit to the City Clerk for record purposes with recommendation that you adopt such a resolution. Mayor Ferre: Our apologies for making you wait 3 hours. Mrs. D'Arce: Mr. Mayor, I want to tnank you for letting us come down today because we have a big event and we want the City of Miami to help us in every way, so, Mr. Odio is going to tell you about the Rowing thing- Mr. Odio: Mayor and Commissioner, thanks to the Federation of the Pan American Rowing Association, we are going to have the Pan Amer- ican Regatta here in Miami this year in July. This will be the first time that they have celebrated such a Regatta outside of any Latin American country and we hope they will come back to have the same Regatta next year.in the Bi-Centennial Celebration of the United States. This involves all of the latin american countries that participate in rowing events at the moment. I consider this a major event as far as international competition and its part of the Pan American games and it was celebrated in Sao Paulo, Brazil last year with the full cooperation of that country. All we are asking here today is that the City of Miami co-sponsor this event together with the American Cancer Society which will receive all the benefits from this. Mayor Ferre: Let me ask this question: You are asking for the waiving of the rental fees? Mr. Odio: And any other help that the City can - Mayor Ferre: Lets' start with the rental fees, if you get that, I think you ought to consider yourself lucky. Ahead of the game - Its for 3 days, do you need it for any extra days for practice or anything like that? How much would the rental be Mr. Andrews, for 3 days? Mr. Andrews: $1,600.00. Mr. Odio: Including the Guard service and the moving of the float - Mayor Ferre: Let me explain to you what we do, you say its not 1600 dollars? Mr. Andrews: Its $1,600.00 but the rental is part of that 1600, its 350 and the balance is all out of pocket direct expenses. Mayor Ferre: Let me tell you Mr. Odio so you understand and your associates what the City of Miami Commission does when it waives rentals at the Baseball Stadium or any other stadium does or at the Auditorium. We waive the rental but we have not that, I can ever remember, waived such things as the insurance that you need to get, the Barge Service or the cleaning. That you have to do or for example any police needed at the event. Mr. Odio: Mr. Mayor, the insurance is $35.00 and the cleanup is $100.00 - Mayor Ferre: The only thing we are talking about at this point as I understand it, is the rental itself. The rental is $350.00 a day? Mr. Andrews: That's right. 1 MAR 2 5 1975 Mayor Ferre: So you are now talking about $1,050,00, Mt. Odio: They were charging $500.00 for moving the floating Stage. Mayor Ferre: Let me do some talking for you because I think the Manager has a very serious and I thi'zk a real concern, and that is, that if we give you free use of ,:hat Stadium which is now a big money loser for the community and the city and the taxpayers and we set a precedent for other users. Now the question is, how do we draw the line of distinction because a lot of people pay for the Use of that stadium. They are going to come in here and say, why should you give the free use of that stadium to the rowing club and not for example to the power boats or to the sailing boats. You have to show us a distinction as to why we should give it to you and not them. Mr. Odio: I will make that distinction This is an international event. This is not for the Rowing Club. This is the Pan American Regatta. Mayor Ferre: Then 1 would think the point of distinction is this. It is #1 an international event and #2, it is for charity. Mr. Andrews: We have had many international power boat - Mayor Ferre: But not charity. This is an international event, the proceeds which are going to the Cancer Society which is charity, so I think that's the distinction. Mr. Andrews: And what the Commission would consider is the daily rental of the $350.00. Mayor Ferre: Is there any discussion or any other quest__ons? Mrs. Gordon: T'll move it. Rev. Gibson: Second. Mayor Ferre: There is a motion and a second for the waiver of the rental fees on the basis that this is an international (1) and (2) charity, proceeds to go to charity event. Mr. Andrews: And may I assist you Mayor please and that all of the other costs that the city must bear will be borne by the users. Mr. Plummer: Payable in advance. Mrs. Gordon: It's in the mction. Mayor Ferre: Further discussion? If not, call the roll. The following resolution was introduced by Mrs. Gordon who moved its adoption: _ MOTION NO. 75-275 A MOTION TO WAIVE RENTAL FEE OF THE MARINE STADIUM FOR THE PAN AMERICAN GhMES ROWING REGATTA TO BE IIELD ON JULY 11, 12, 13 1975 UPON PAYMENT OF NECESSARY EXPENSES IN ADVANCE OF THE EVENT Upon being seconded by Reverend Gibson; the motion was passed and adopted by the following vote: AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 83 MAR 2 5197 Mayor Ferre: Wow we will listen to your petition for other fund, Mr, Odio: No my feeling is this Mayor, that this is the first tithe that the Federation of the Pan American Association has even thought of the United States for having the competition, Mayot Ferre: Is this the first rowing competition in th? United States? Mr, Odio: The first Pan .American Rowing, They have always kept them outside of the United States, Mayor Ferre: Let me ask you this. liow would the American team be selected, just out of curiousity? Mr. Odio: It will be chosen from th3 national champions as I understand. Mayor Ferre : The national champions of the United States- How are the national champions selected? Mr. Odio: They are selected through competition , eliminations which expires on July 4th. That will not be here, that will be happening in Camden,New Jersey. Or the United States has a right to choose any team they want to represent them. The Olympic Committee, when they receiv the invitation from the Federation of the Pan American teams. We have not invited this country. They are going to be invited through the Pan American Federation. Mayor Ferre: What specific help do you want from us now? Mr. Odio: We have to be responsible for their stay here of at least 5 days and - we are limiting the teams to 10 men per team. We don't know at this moment how many countries are coming. The last I heard there were 13 countries involved. Mayor Ferre: That's 130 people for at least 4 to 5 days. Mr. Odio: For 4 days. Mayor Ferre: Thats 520 man days or woman days. Mr. Andrews: I can see from what has been described here that this possibly has some publicity value for the city and while we are not in a position to make any dollar contribution, we can offer the services of the publicity department to assist them in promoting it and understanding it. Mayor Ferre: I was going to bring this point up. You may recall that about a year and a half ago we had a flurry from the Amatuer Base Ball League, the World international Baseball League and unfortunately then through a little bit of a hassle there between whether or not whether the free cubans would play and if the International Baseball team would recognize the cubans in exile and that got into a big hassle and we never worked it out. At that time, these people came and made a presentation and we were talking about connniting $100,000 between what the community would have to raise in dollars and in kind services and if my memory serves me right, Al Howard or whoever it was came up with a report of $17,000 in in -kind services. Do you remember that? It was the use of the baseball [ii_ 1d, buses to he put at their disposal to bring the baseball players and a whole series of other things. Now r guarantee you that the Fan American Rowing Competition would have tremendous publicity value to this community in latin america because people there are very :,ports oriented and they follow rowing, baseball, track meets, soccer and whit have you. I•really feel that for us to live up to our name of the gateway of the 1mer.ica's and I'm glad to see Morty Freedman here because this could tic in very neatly with his International Folk. Festival and all these things we are trying to do to promote. 8,4 MAR 251975 As a hotel Owner in this community, I can tell you that we ate getting what we lost in hotel rooms from snow birds, we ate maling up with people from the south despite ourselves because there is clot one cent as you know', advertising in this community going south and the Brazilians, I talked to Sheppard at the DuPont Plaza and he tells me that what keeps them afloat is all the Brazilian trade and we are falling into that despite ourselves. We are just luckily falling into it and I think we ought to do anything we can to promote the good wit; and there is no better way of doing that than sports. Any kind of sports and I will tell you ri'.jht now, this vote on this Commission is for promoting any and every sport event that is recognized by the Olympic Committee or any subdivision of the Olympic Committee that would be of benefit and t think we ought not only to help them, but go out out of our way to promote this and other events. Track Meets, Baseball Grimes. Would you then get somebody in the administration to dis;uss this with these people and come back and report to us. Mrs. D'Arce: I want to thank you on behalf of the American Cancer Society and this will be a very big event for Miami and for the youth people. Mayor Ferre: What do you do with your money by the way? Where does that go, does that stay locally or do you sent it - Mrs. D'Arce: We sent it to Tampa and they send it over, whatever we need. Now we are doing the PAPS free for every lady in the spanish center. Mayor Ferre: I don't mean to bring up another subject but we have two very good cancer centers here. One is the Paps center and the other one is the University of Miami Cancer Center. Papanica1au and then we - The money goes out of this community but that is another subject. Thank you very much. Mrs. D'Arce: I thank you very very much Mr. Mayor and I am sure this will be very good for Miami and for the American Cancer Society. MAR 251975 WAIVE REN1AL FEE 26, MAYEIRON1" PARK AUDITORWM COUNVi WIT ailORC!Ti2 .CELEM1114 NAY 25) 1975 Mayor Fette: All right, now we are going to hear Mr. Alvin Guilford of the Area Wide Agency on Aging to request waiver of rental for use of the Bayfront Park Auditorium on Sunday, May 25th, for a countrywide Senior Citizens Celebtation Is there a motion? There is a motion and there is a second. Ate you ready to vote: The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-276 A RESOLUTION GRANTING FREE USE OF BAYFRONT PARK AUDITORIUM FOR USE BY THE AREA WIDE AGENCY ON AGING ON SUNDAY, MAY 25, 1975, FOR A COUNTY -WIDE SENIOR CITIZENS CELEBRATION; 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 Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor, J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 27, APPCIiNTMaNTS TO MAYOR'S CONMI I TEE ON BUDGETARY PROCURES Rev. Gibson: Mr. Mayor, I would like to appoint this gentlemen as my appointment on the budget committee of yours. Mrs. Gordon: Mr. Mayor, why they are consulting I would like to make my appointment Stephen R. Chepnik is here, he is a C.P.A., a supervisor with Harris Kirk Foster and I have the rest of the details here, I will give it to the clerk. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-277 MOTION APPOINTING STEPHEN R. CHEPENIK AND ALVIN GUILFORD TO THE MAYOR'S COMMITTEE ON BUDGETARY PROCEDURE. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vive Mayor J , l.. Plummer Mayor Maurice A. Ferre NONE: None, MAR 2 51975 41 L 28, APPOINT ADDITIONAL MEMBERS INTERNATcOMIONAMI i` EEOL.K EESTIVAL- Mrs. Gordon: Marty Freedman wants to appoint a couple of people. I will move them. Mr. Freedman: We would like to ask the Commissioners to nominate Mrs. Kay Hodivsky, who represents the Ukrainian American Club as a membet and Mrs. Cale Sauvigne, who is English in backg,round and happens to be the Public Service Director of Channel 4 and they both are very active with the Festival. Mayor Ferre: All right moved by Mrs. Gordon and seconded by Plummer, further discussion call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION N0. 75- 278 A RESOLUTION APPOINTING MRS. CATHERINE HODIVSKY AND MRS. CILE SAUVIGNE TO THE INTERNATIONAL FOLK FESTIVAL COMMITTEE. (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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferro. NOES: None. Mayor Ferre: All right, Marty do you want to tell us anything else? Mr. Freedman: I just want mention since you were talking about sports a minute ago that,pur 100 mile bicycle race which is a class "A" amateur bicycle race is going to held downtown, it's going up the Boulevard to 4th Street over to N.E. Second Avenue hack in front of the Dupont Plaza (80 laps) it has been approved nationally by the American Bicycle Racing Assbciation. Mrs. Gordon: That's going to be fantastic, but while you are out with your bicycle riders En the street Al Guilford was just here and the seniors are going to have a great big event inside the auditorium and maybe you can tie your activities together. Mr. Freedman: We have already talked about doing that. This race will be May 25th, and the following day at Curtis Park will be an International Soccer Tourna- ment. Mayor Ferre: Ok, Item 16, unless you want to stay here until 7:30. Mr. Andrews: Mr. Mayor,and Members of the Commission, how would you like to proceed, I furnished you with the memorandum and Mr. Lloyd has furnished you with a memorandum yesterday. Mayor Ferre: What they have we will proceed. We will come back to it in a moment let's get rid of everybody else that's here, because we don't need people for this one. 87 MAR 2 51975 I RECOM EPT G DATIONS 2g. RAPID TRANSIT PROGRAM INCCITYNMANAGER'SNMEMORANDUMBRAc b Mayor Ferret City policy relative to Dade County Transit Improvement Program, we've got Dr. Deyer here and I don't want to hold him up. Mr. Andrews: Alt right, what we have Mr, Mayor is a map that you ha,"e all seen before plus a chart to point out the significant areas and we can run through ail of these different areas where we feel that adjustment is needed in the plan as it's now proposed by the consultants and the Commission can adopt a motion in reference to all of those things that you would like to incorporate into the position that the City of Miami Commission will take before the County Commission in theft public hearing process. Mr. Plummer: Mr. Mayor, while they are setting this up. I would. like to personally "thank" and 1 know I speak for Paul Andrews , Dr. John Dyer for making the arrange- ments for us in San Francisco,the man that you chose, Bill orangeview; we learned more there in PI hours than we have learned in 100 hours of hearings and theR.A.R.T• system, unless you actually see it nobody can tell you, "it's unbelievable". Mr. Andrews: Would you like Mr. Crouch to go ahead and start going through all of these points that the Commission will consider? Mr. Plummer: Ok, what we are considering now is as I understand it is Miami's position as it relates to mass transit. We will then not be ... NOTE: The people are now moving closer so they can see the chart clearer. Mr. Plummer: Mr. Andrews or Mr. Crouch are we going to address ourselves to the Douglas Road portion of tt and as it relate:; to the City of Coral Gables. Mr. Andrews: Yes. Right of Way station. Mr. Crouch: As the City Commission will remembtr in January, the City Administration gave to the City Commission recommendations in body, a potential position that they might take on the proposal of that has been submitted by Kaiser Engineers Since that time the City Commission has held three public hearings where we had public in -put in three different locations throughout the city and as a conclusion of those hearings the City Administration met with Dr. Dyer representatives from his office, Kaiser Engineers and we have modified some of the positions that we had originally recommend- ed at the present time , City Administration recommendations are featured on the map and on the chart and I would like to --- they are colored coded so that you might see the strip on the chart shows three in the red area, a series in the yellow and then a orange spot that I will elaborate on and they were covered basically in the memorandum that was submitted to the City Commission and so I will touch on them very lightly going through and then we will come back for any discussion that you may wish to enter into. The area in the pertinent position that we take regarding changes that we feel should defiantly be made to the recommendations that will going to this final adopted plan by the County Commission embodies the three areas that are covered in the red. Would you point to them on the map a:; we go? This is a position that we feel are technically feasible and considerations that will get a better service to the citizens in the City of Miami and make the rapid transit system more effective,this covers the Coral Gables alignment. We recommended the alignment to the Coral Gables section being shipped to Le Jeune University Drive, Ponce DeLeon Blvd., this is one of the policy decisions that we recommend the City Commission. The other one is, ... Mayor Ferre: Wait a minute, -- Mr. Plummer: That's a biggie, let's digest that one for a minute now, you are suggest- ing that rather than Douglas Road that it be extended to Mr. Crouch: (1)U.S. 1 following LeJeune Rd. .ever to University Drive up Ponce DeLeon Blvd. and then back to Douglas Road. Mr. Plummer: Where does it come back into Douglas Road? Mr, Crouch: Right at the trail. Mr. Plummer: Would that then for example, just using geography location that would come through the Douglas Road entrance? Mr. Crouch: In my way of thinking it would not come through there, Right now, I super impose in the diagram that they had in the milestone ff,a report that showed MAR 251975 that as a possibility. Mt. Plummer: Are you proposing to East or to the West? Mr, Crouch: What we will end up and what the County Commission will be adopting is the conceptual plan that part of what we are going to recommed that the plan be adopted as conceptual, there willbe additional engineering that will go on in detail and it is our thinking that at that time when the detail engineering the Douglas entrance would not be because of Mr. Plummer: So then in fact the Douglas Road is moved to Le.Jeune University and down Ponce De Leon, ok. Let me ask only this question, why wasn't it not followed since Ponce comes back into Flagler, why didn't you follow down Ponce all the way' to Flagler. Mr. Crouch: The principle reason that I would know would he that we have taken one of the alternate proposal.s that Kaiser had identified as a viable routing for the service and we have just, in our review, reviewed the potentials of The routing that they had recommended and with it terminating at Flagler could be something that would come out of the Mrs. Gordon: Otherwise, you would be directing it back easily on the trail, is that correct? Mr. Plummer: Correct, it's got to come east of it. Mrs. Gordon: Well, I think it's better to go on.Flagler, it would be easier. Mr. Crouch: This would be the possibility. Joe can you tell me anything different than what I have said to the Commission that basically that alignment - INAUDIBLE NOT BEING ABLE TO HEAR THE CONVERSATION -- Mr. Crouch: The second major change that we would recommend before the plan was adopted by the Commission was in the western alignment, the western line. Flagler Street utilizing the right of way of Flagler Street to 12th Avenue. At the present time the original proposal by Kaiser Engineers was Southwest 1st and has been since alternated to South Second Street. We feel that to enhance the commercial district that we have along Flagler Street utilizing the alignment to 12th Avenue would be some- thing to stabilize that area and would be an added thing that would be beneficial to the community. Mr. Plummer: Wait a minute, go on out from 12th Avenue. Mr. Crouch: From 12th Avenue we would go on down to the Flagler Terrace, and over to the 2nd Street alignment that Kaiser has since recommended,then it goes on back to Flagler Street again. Mr. Plummer: That doesn't make sense to me: Mayor Ferre: Now, Andy this is the same map that we presented in great detail we had four public hearings on this, there is nothing new with this. Mr. Crouch: The only thing that's new is that since our public hearings are in the process of our public hearings, Kaiser said, that 2nd Street might be used rather 1st and so that has been to my knowledge the only change other than our position which has been the same utilizing the Flagler right of way out to 12th Avenue. Mr. Plummer: Ok. What doesn't make sense, Mr. Mayor is to come from Flagler Terrace back over to Southwest 2nd Street to come back to Flagler which is all residential to come into Douglas Road, that's what doesn't make sense to me, it seems like the straighter the better, can you follow me? Mayor Ferre: The reason, I would imagine is --- Mr. Crouch: Is the right of way on Flagler Street and once you get passed l2th Avenue you have more impact on the business. Mayor Ferre: No, no; the reason as I understand it is now, I remember the argument, Flagler Street up to 12th Avenue is a very wide street, the argument was that you were going to go up the middle of Flagler or somewhere, where in effect you wouldn't really disturb the businesses, then what you do is when you run out of the wide part of Flagler which is 12th and all of a sudden it gets very narrow, then you go over when you take the property you won't bother the business, but you take all those houses is what you are- going to do. 8.1 MAR 2 51975 Mayor Ferre: Down Flagler Street and then when you run out of Flatlet Terrace,. you have got to get back up again, ooh: You go down to second. Mr. Plunmer: Where do you go going out Flagler,where do you go over to Second Street? Mr. Crouch: Out Flagler Terrace, to --- Mt. Plummer: It ends at 17th Avenue. Mr. Crouch: Well, you would carry it right on through there to the second alignment; there is no plan that is shown how that carries through there. Mr. Plummer: Wait a minute, you are not for one minute thinking about wiping out Miami Senior High School are you ? Mr. Ctouch: No sir. Mr. Plummer: Veil, that's South West Second Street. Mr. Crouch: The alignment at Second Street at 17th Avenue before it gets to Miami Senior High. Mayor Ferre: I am interested in those two churches, one is the River Side and the other one is the Holy Comforter and St. Peter's Luthern, those three churches, do we miss all three of those churches? Mr. Crouch: St. Peter's would still be involved, that's are out 32nd - Mayor Ferre: How about Holy Comforter? Mr. Plummer: Either proposal would miss Holy Comforter, except Holy Comforter would lose that brand new apartment development if we go with the Kaiser concept on 2nd Street. Mayor Ferre: But if they go with our's then they don't lose either. How about the River Side Church? Mr. Crouch: River Side is on First. Mr. Plummer: Andy, let me ask one question, from the River to 12th Avenue, where exactly would it be would it be in the center of the street, would it be to either side of the street, where on Flagler. Mr. Crouch: Here is a just conceptual that our Planning Department worked out and although the alignment coming over the river now , you are going to have some transition on the Flagler St. in order to get over the river, but with the right of way that presently exists on Flagler St. , but in the area between the river and 12th Avenue there is sufficient width or two moving lanes in each direction onFi.wler which you only have at the present time, one that east bound and the Rapid Transit facilities with the parkway and the beautification under it. Mayor Ferre: Now, wait a minute. What happens to the parking? Mr. Crouch: We've lost the parking and if the parking was to remain then one of these lanes could go or both of them--- we have retained here the left turn turning lane. Mayor Ferre: Unless you park under the Rapid Transit . Mr. Plummer: That's what I was getting too, is that property being utilized under the mass transit? Mr. Crouch: That's a possibility and could be a part of the policy--- we were and as we get in Luther Into some of the policy things that we are recommending; we are recommend- ing that every effort be made to provide landscaping and community beautification along that, converting it Into parking has potential, but ---- then we have got a mess. Mr. Plummer: You can do it like Coral Way. Mr, Crouch; Sure you can do it and there are ways to treat but I think that at this time trying to address ourselves to it, .., once we get into the concept then we can get into the --- Mr. Plummer; is this the same proposal, let's say, out Flagler St, beyond, is this the center line more or less the concept all the way along, We are faced with one thing k) MAR 2 5 1975 Andy, how many people are going to be displaced it you run that like you've got it out Flagler Street, will there be any business displaced? Mr. Crouch: Yes sit, there is a station proposed In there where this would -r= lth, 12th, and l th stations and it will be necessary to acquire additional tight of way, to provide more stations :► d this again is .just conceptual but if a possibility of what could happen or acquiring -- the Kaiser plan has shown how this thing would dip down and the transit line itself would over do it, dip down and the station would be constructed along, some of the property would be taken it that location. Mr. Plummer: Are you saying, when you say dip down, do you mean that the mass transit comes down to ground level? Mr. Crouch: No sir, it varies southwardly and then nouthwardly and back out to the center of the right of way. Mr. Plummer: Obviously, at 12th and Flagler, would it be most likely that Firestone Tire & Rubber Co. would be where the sLtition would be? Mr. Crouch: The station locations are only diaphragmatic and I would think that would come into their detail engineering and decide what would have the lest impact, money wise, service wise, in order to provide the service for the walk-in trade that they are going to be dealing with --- and how it would he hest to do it. i would think we would not be able at this time to say what the word would be. That was the second recommendation fur a specific change. The third which is a specific recommend- ation for a change in the plan as it is now proposed deals with the Downtown People Movers System it's the Citv's Administration recommendation that the proposed Mini System which is being studied by Kaiser be incorporated as a part of the Rapid Transit System so that for funding for construction phasing for the entire thing this Mini System would he apart of that project in the Downtown Area. Ok? Now, those are the three things that we say are viable things that should be done to change the plan as it presently has been recommended. We have other things that our next recommendation was that the balance of the plan as recommended by Kaiser be accepted as the conceptual plan for the Rapid Transit System and when they get into the detail engineering phases of that study that they come into study these other things in deeper engineering terms then they have so far. Mr. Plummer: Can they do that and stall apply for their federal grant? Mr. Crouch: Yes sir, this is the purpose of having the plan adopted as a conceptual plan so that they can go ahead with their federal application and then they can snake these studies for .... Mr. Plummer: Adopting what plan conceptually? Mr. Crouch: The plan as recommended by Kaiser with these three proposed changes in that conceptual plan. Now, in addition to that we are recommending a series of about six items that we feel that in the detail engineering phase should be studied in more detail and that we have a chance to change that conceptual plan if the engineering feasibilities is determined and these include the underground construction in the Downtown Area, this is something that we talked about this morning, part of what you saw out in California and it's a thing that although the cost is there, we feel that the detail engineering study pin pointing all the benefits not just the cost should be considered. We feel that there is a possibility to the community and for the Down- town Area that there are spin off benefits (specific) that would off -set or may off -set some of these additional costs to go underground. Part of that will be the impact and the continual impact of going as the Mayor pointed out 80, 85 ft. for some of these structual to overpass the X-way interchange for the Downtown Area, the fact that we will have this entire system through the Downtown Area on structual. We feel that there is merit to further study of the underground portion of Downtown Area. The second item on the east alignment consideration of further studies for a station to be located in the Jordan Marsh, Sears, and Omni area. When we met with Dr. Dyer and Kaiser Engineers, they pointed out to us the apparent engineering in -feasibility of a station in that location because of the need to over pass the intercoastal waterway constructual the minimum of 55 ft. basic. Right now, you would not be possible to come down to a great level station that where service would he provided on the first level, that it could be as high as 40 or 50 ft. in the air. Mr. Plummer: Well, I thought that the Federal Government required any fixed structure now over the intercoastal to be a minimum of 55. Mr. Crouch: That's what have been constructed - Kaiser Engineers have said that 75 ft. was what they had understood would be necessary for this - we know that we have constructed across the intercoastal waterway 55 ft, construction, 1 t MAR 2 5 1975 Mr. Crouch: But, I am saying, that even at 55 and with this determine through the coast guard who now has the Board of Engineers jurisdiction, whatever that heights would be, now and during the engineering - the final design of this, that's the time to determine whether it would be possible engineering wise to provide service station up for the Omni, Sears area. Mr. Plumner: Well, let me ask one question here, what is the feasitility of running this down the center of the bridge and across the causeway? You are going across Mc Arthur right, what the problem of going down the1center of that bridge and follow- ing the Causeway the same way you are doing on Flagler Street? Mr. Crouch: Well, I believe you get into the jurisdiction of problems and a law suit of capacity for t:he opening of the bridge. The important thing at this point is that commission would want to adopt the policy that you believe that's essential that a stop be made there, not only for the reason of Jordan Marsh in that area but also that's the stop for the Bicentennial Park; if you don't have a stop there you have no way of getting the people who potentially can use the Bicentennial Park. Mayor Ferre: Well, 1 will tell, 1 agree whole heartly personally with every single recommendation that you have made, the only one that I have any questions on is that bus lane through ( that little routing of the bus lane) that seems kind of complicated to me. Mr. Crouch: When we met with Kaiser t. Dr.Deyer, they told us that they are for the next two years once they have gotten the construction completed on I-9! North 36th St. that's it's going to be an experimental project for two years anyway running it mixing the existing traffic. Mayor Ferre: I would like to ;:ask Mr. Lucius Williams, (you know the Downtown Develop- ment Authority)also ought to have an opinion on the Downtown portion of it. Did we back everything as recommended or what, 1 don't remember? Mr. L. Williams: Mr. Mayor and Commission. The recommendation of this Downtown Develop- ment incorporated every feature that the city as it related to Downtown Miami. Mayor Ferre: Did we vote on it et that day? Mr. L. Williams: Yes sir, but you left before the voting on the lesser carriage. Mayor Ferre: Oh: I left before the voting on the lesser carriage, that's why I didn't remember . Thank you for the clarification. Rev. Gibson: Mr. Mayor, I would like to ask a question.' was going to ask on the reaction of the two men, but I got one, I want to get the second man now, otherwise, (Dr. Dever & Mr. Williams, have you men seen this, would you just to ease my heart react please. 1 think you have already acted, is that right? Mr. L. Williams: Mr. Mayor, and Members of the Commission, this is an extremely well thought out proposal. The three major recommendations that are contained as major policy items, I think are all very much on target. We as you know would have to develop all of this over a period of time. We call it a series of stations. The major three items we concur with as being things that need to be examined, the Coral Gables issue. Secondly, the western alignment east west on Flaglt�r, really south of Flagler and thirdly, the Downtown Mini System, those are the three major things that have to be addressed, we think that have gut to be jointly resolved between in the case of #I1, the City of Miami, Coral Gables, and Dade County. In the case of #2, the east --- that's a joint decision between Miami and Dade County. 1/3, we've got the Mini System Study underway now, we'll have it finished by June of 75, now it then becomes a question of how we get funded once we get it all together, but the system is under study right now. Rev. Gibson: 1 .un not as worried about the money, as I am about ---- dealing with people is far more difficult than dealing with money, because I can move money from room to the other with no sweat, but. 1 was particularly concerned with your reaction. Mayor Ferre; Well, 1 want to say that the late John Orr, once said one of the best things that ever happened to this community was, when John Dyer got here and I want to agree publicly with'that statement, it's a happy event for this community and I hope you are not looking anywhere else or you don't have any plans of going any place until you see this thing functioning and that's going to he years and years ahead, but I think it's time after we ask all of the questions, It's now 6:00 O'Clock 1',M, Mr. Plummer: 1 got three short questions. John as you know, we were ,lust out there. I want to just answer that you have addressed these problems and I am probably sure I'MR251975 that you have. #1, Thete greatest problem at the present time out there is, packing, fot adequate parking or a mini feeder system. What have you done,. have you addressed this problem, are you aware of that problem ? Mr. Dyer We are aware of, we are addressing it tight now, we are sure we are not going to make that error on parking and we of course, do have the bus system and we plan to make circulaw feeder distributor to the B.A.R.T. systeat,that's one of the major problems that have. The bus system, there are four of them and the B.A.R.T.maite- line rampant are not under one supervision. Mr. Plummer: That's right•thev are different authorities. 112. When they started out, I am told they started!with one maxi and mini. computer. As of July, they have 33 stations , they will have:133 mini computers added to their system. 6 million dollars, has that been given a lot of. thought? Mt. Dyer : That all involved a question of something called"trained control; control- ing the train because they are on the rails, yes, we know what the problem is, #2 we won't make that error;that was made' in terms of trained control questions. 113, it would be dwelt with in details of the stage that we are just going through that will be called "final design". Mr. Plummer: 1:he third and final point, they are fantastic systems of getting in and out is with a ticket, now that system originally, was bid for $1.7 million dollars, "Thank God", that 1.R.M. was a company with pride , they spent 39 million dollars to develop it. Really, what I ;cm saying is, they saved pride out there, I don't want them to make it up on us.( you follow me). Mr. Dyer The fair collection system is a serious additional problem that we will have to address c;irefully in the next stage ---- Mr. Plummer: Wel i , it's one ofthe most, unique systems that I have ever seen in my life! Mr. Dyer: 1 am delighted that you had a good experience of seeing it and is very pleased with what it's Like. I think as you say, it's totally different once you see it, from what you hear and what you see in pictures and everything else. Mr. Plummer: tir. Mayor, let me just make one other comment to you and the rest of the Commission, because this is a point that was made at almost every public hearing that we attended. Steel wheels verses rubber wheels. This man there in the B.A.R.T. System convinced Andrews and 1 both that the steel wheels are the only answer and he said that it was just a matter of engineering that if your engineering is good, your steel wheels are quiet, if they are not, you've got the same problem with rubber wheels. Mr. Mayor, I am going to tell you, I stood in that station and you can't hear them, the motors that runs the locomotive make more noise than the wheels. Mayor Ferre: That's true. except and concurred. Mr. Plummer: Well, we were not of course, priviledged to the curves. He brought out another point, he spoke of the system in Montreal and I think it was the system in Montreal that had the very sad misfortunate of having the rubber wheels from heat catch fire. Mayor Ferre; Well, the real kev to the rubber verses steel, question is capacity, and that's the whole crux of it and it's simply this, that not for a hell of a lot more money you really have almost double the capacity and that's the thing that really convinces me, but let me tell you,that in certain areas around here where you will be curving, you have steel on steel, on curving, like for example, the downtown area, where you have a fairly sharp - you have a 90 degree term. I don't care how you handle it, you still have a 90 degree turn, you make take several thousand feet to do it, but netherthe less you are going to have steel and steel on a curve and that's going to squeak. Mr,Plummer: You are going to have noise period. One other thing he brought out John, and I remember this, very well it brought out especially in Florida as opposed tothis system the amount of heat generated by the rubber wheels would be very obnoxious to the traveling passengers at the station stops particularly, that the overall cost of operation and maintenance due to the adequate air conditioning needed, now I only hope that when this system and I tell you Icame back just as enthusiastic. I might have been negative before but when I saw this system being in operation, the cleanliness of this thing, there is no vandalism, there is no graffiti all over everywhere, sure they have had their problems, but there problems right now seem to be in the process of being resolved, right now they are carrying 135 thousand passengers a day. Within a matter - the end of the year, they expect to be carrying 235 thousand passengers a day. When the full 71 miles and the 450 cars are in operation there system will carry between 405 hundred thousdnd people, there capability right now are 60 thousand people an hour and let me tell you something, 1 look MAR 2,51975 at my town and I say, "baby that is the only answer", now 1 want to get ( should t bring it up now). Mt. Andrews: I would like to introduce i if 1 may? I want the Commission to appreciate really what this system does a I would like Dr. Dyer to fortify it at this position and if you will follow these numbers then 1 wIll try to round them out. Rev. Gibson: Mr. Andrews, may b askthis before, I want to make sure that I get this reaction before you tell. that. I would like for Dr. Deyer and Lucius Williams I would like for you two to take the mike. I. would like to know and this will let me sleep comfortably tonight "sound", do you men enthusiastically endorse these recommendations? Mr. Mr. Lucius Williams: I do, Commissioner. Dr. Dyer: They are fine, they really are, I am not saving it because they really were worked up primarily by the City of Miami Administration after a lot of careful Mayor Ferry: Let put it rigl►t out, let's make sure we understand it. You are going - to get a lot of flag (let's say the City of Coral Gables), for example, if they are implemented. Dr. Dyer: We are saying Mr. Mayor on the this that we believe it can't be resolved for about a year, no matter wh.'re you put it under any circumstances, see the City of Coral :abl es is exactly opposite the City of Miami on this, if Dade County hadn't any position on this. What we are saying is, we've got to resolve that between the three governing bodies within about a couple of years or less, we think it ought to be the subject of detail tudy for two reasons:(1). There is no doubt as Commissioner Plummer and the City Manager, Andrews have agreed, if the line stayed where it is recommended by Kaiser right now there is going to he quite a new central business district for the City of Coral Gables, maybe they want that to happen and maybe they don't want it to happen. If it's moved over to where it opposed to the City of Miami C.B.D.of Coral Gables is going to greatly enhanced, in fact it will be a growth area like they have never seen before. Mr. Plummet: Yes, but where was the original lining of Kaiser. ? Dr. Dyer: You of one of yellow turn and one of the original line, that's correct. Mr. Plummer: Until the Coral Gables Commission spoke. Dr. Dyer: We understand it. Rev. Gibson: My concern was and I think I have my answer, because I know I am not going to be there when the final decision is made and that if you men get on the record today, don't you knew how su--- I am, that you are enthustiastic about this since you are the technical , is that right Dr. Dyer,"you are the technical somebody", and Mr. Williams "you talk with those businessmen who live out there an do business do here" and if you are enthustiastic and they are reading the record that both of you were enthustiastic, you are going to have• a ___of a time not being enthustiastic when I am not there , do you understand ? Good enough. Thank you gentlemen. Mr. Plummer: What he is really saying is, if you don't approve this concept, he is coming after you. Mayor Ferre: All right, Paul you were telling us -- Mr. Andrews: 1 want to have the Conm►ission emphasize the need to develop our arterial street system in the City of Miami and in Dade County but particularly the City of Miami, even more importantly than this transportation system and the reason for that is I even believe it's more important than the transportation system that we are talking about that we are going to spend 1 billion 200 million dollars or 300 million dollars on. Now, the reason for that is and if you will please bear with me and follow these simple numbers , you will see what's going to happen to us in 1985 and after that, right now, we the community has what was in Dade County 4 million daily trips each day by people. Of those 4 million trips, 200 thousand are accommodated by the Metro Bus System, the Coral Gables Bus System, the Taxicab System and the Jiffy's, account for all the daily trips, that's 5% of all the trips made each day are accounted for under some form of public transportation. In the year of 1985, and beyond we are talking about 6 million trips per day and of that this system is designed at --- to carry 800 thousand trips, in other words, roughly 20% or 18% MAR 251975 of the total trips, far more than we are carrying now, but there is a gap in there of 1 million 4000 trips that we are going to be adding to the X-way's to the public right of way, that's double the amount practically that this system is going to provide. Now, it's extremely important that we don't delude out thinking as we did 20 years ago, when we were going into the X-way system when this city went on record so many times pleading with the county and the state to continue the arterial street development when we were talking about X-way, everybody looked to X-ways as the answer to our community and it• wasn't the answer and it isn't and we are going to create some very serious problems. Mayor Ferre: Let me supplement that this way, the City of Miami and Metro Miami area has three unfortunate distinctions, two of which are national records. (1), is we are the major city in the tnited States of the "top 20 cities, that has more people per bedroom than any other city, in other words we are an underhouse community. The reason is that there has been very little low and middle income housing in this - believe it or not, in Dade County. If you compare Miami with any other city you will find more people per bedroom average in the town than any other town major city in the country. (2) You will also find that there are more automobiles per person in the Metropolitan Area of Dade County and in any other major community in the United States, we have more automobiles per capital. (3) We of all the cities of Florida and probably all of the cities in the South ( I don't have all the figures), you can verify them Dr.Dyer, we have less X-way's per capital than any other city of Florida and any other southern city, probably, in others, how many miles of X-way do we have? Dr. Dyer: We have 28 miles of. Interstate X-way alone exist in Dade County, that's a block more---- Metropolitan area about another 65 miles of X-way that's built jointly by Florida D.L.T. with either bond or primarily road money, but still no way you can accomplish what Atlanta ---of 100,000 less the populatior Mayor Ferre: In other words, we are an extremely poor X-way community, we are under X-way. I don't care what anybody says , the big thing now with the environmentalists is there is no more roads:;e11, as far as I am concerned, "that's a lot of bunk, because we are under X-way, under arterials streets in this community right now, so I want to back what you are saying, that as fine as all this is and as great as it is,that I hope ( this community has a way of fretting into delusions of both grandeur that don't always pan out and we also have delusions about reality and we are always going bark- ing up trees and then we get off on limbs and then we have to climb off or get sawed off, fall off, or what have you. I am telling you that one of the delusions that we seem to suffer is we always see panacea, Interama is going to be a panacea for that. The Rapid Transit is a panacea to our transportation problems, it is not: no where near: As you pointed out, out of 6 million trips this will only serve 800 thousand at maximum capacity that leaves 5 million 200 thousand trips which is a million 200 thousand more than we have now and our streets are jam packed right now, so we not only need rapid transit, we need a lot more better arterial streets and we need a lot more X-ways's in this community. For us to hide our heads in the sand by saying we don't need any more streets is just an illusion, the automobile is not going, I will tell you, in my opinion, I hate the automobile. I think the automobile is one of the worst things that's ever happened to this country and the reason is very simple is the average family in Miami makes under $10,000 a year, ok, it costs you $2,400 a year average to own, run and maintain an automobile. If you take 24% of your family income and put it to transportation, there is no way you are going to have enough money left after you feed yourself and clothe yourself to buy a house and the reason why this countr15f all the major industrial countries in the world is way off on housing. The Soviet Union last year built 21 living units, where we only built a million 7. The reason why we are so under -housed in this country and the president's counsel on it continually say that the next 10 years we have got to build 25 million living units just to stand still and we are a poorly housed country right now, and all I am saying is, the comfort is the automobile, but even if it is the comfort, there is no way that you are going to get away from that car, hopefully we will go to small cars, smaller engines, less gas consumption, but you are never going to get away from the car, Mr. Plummer: Let me just re-emphasize the point, because this is something Paul and I talked an awfullot about. (1). This system is only a fifth of the need, it is a proven fact that when the expressways were built in this town that everything was diverted to X-way's and we know the neglect that: became of our arterial street, the only thing that we are trying to caution here is, that if everything is diverted to mass transit, please don't let the X-way's and the arterial streets suffer, because there is just no way that we can cope with the situation, at the same time this mass transit which is 7 or 8 years off, we've got to build more X-way's, we've got to build more arterial streets, Mayor Ferre; All right, we have to move on, so let's go over to Mrs. Gordon, is there MAR 2 51975 questions that yoti have? Mrs. Gordon: The recomfnendation that was presented by the depattment appe.at$to me to be excellent. I am ready to move forward. )~ether Gibson: 1 want to congratulate our staff, I would like to tell the people when they do well, so that -- they were able to get together with Metro or with Dr. Dyer and his people and at least for once since I have been here I saw us toy gether. Mr. Reboso: Mr. Mayor, I would say the sauce thing, I think the accommodation is excellent. I like the idea and I am ready to vote today. Mayor Ferret Dr. Dyer, I've got two questions that I think have not been touched on and (1). the question of economic - now, the B.A.R.T. System as we have discussed on several occasions is a loser and by that 1 mean it's in the required tax subsidies to operate, now the B.A.R.T. System serves a community of 4.2 million and it was built with yesterday's dollars, like ours in which will be built with tomorrow's dollars. If a 4.2 million people 's community loses 20 million dollars a year on their system, then I would like to ask you how much -- we are going to have 48 with a finish product, they have 71, they've got 4.2 million, we've got 1's million. Would you tell me how much money this system is going to lose and who is going to pay for it? Mr. Dyer: Two comments before I can give you even a estimate. First, of course,the B.A.R.T. System in jeopardy and is losing about 20 million a year right now with a rider's ship of about 160 or 170 thousand, by the time it gets to 400 thousand,(it will lose about - it will be very close to breaking even, if it doesn't it will be getting to the position where it will start dropping fares in order to just break even, instead of making a profit,but there is no intent, of course, to make a profit in any public transportation enterprise, you would always drop the fare before you made any profit or broke the thing into the black. Secondly, in terms of the way our present estimate look with the projective rider ship of 8000 of these things, there is no doubt that the transit lines itself will come very close to breaking even, it's going to be the bus system that continues to lose money, because it acts as the circular feeder distributers. Mayor Ferre: Well, you are tripling size of it by the time you get the system in. Dr. Dyer: Well, we will be close it tripling it , that's correct. Mayor Ferre: Well, when you do that will it close more than it's losing now. Dr. Dyer: Oh, I. think it will, yes, no doubt about it. Mayor Ferre: Then, are you telling me tliat we are looking for public subsidy of trans- portation. Mr. Plummer: Very definitely. Dr. Dyer: No doubt about it, I think that's clearly a policy that the County Commissioners are pursuing at this point, they are presently providing from cash sources about 5.2 million dollars per year in the M.T.A. System now. There is no way that can stay at that level, it will increase over time, simply because of labor unions settlements and arrange- ments and other things, it's not the question of the cost of the bus itself going up so much, it's the labor cost that are associated buses, drivers, maintenance, mechanics, and other personnel that have to service the system. Mr. Plummer: Well, the comment from the man in San Francisco was that they never would attain even a great even point at an optimum. Dr. Dyer: 1 think that's probably right, we will always be a loser, it will come closer then it is now to break an even, but there is no way you could plan to recoup or even break even on fare if you do it's gets awful expensive. Mayor Ferre: All right. My last question is in reference to the distribution of the 50,000 people that work in the downtown area and the potential in the future of 100,000 right now supposably there is something like 200,000 trips in and out of the downtown core area, 50,000 people working there and I am sure that's going to increase especially with the big government center and so on, so forth. The Omni people who are building this 100 million dollar project at Plaza Venetia feel very strongly that the greatest return for dollar invested in transportation is when you move people around the core city, in other words, you are solving the problem of you bring somebody from Hialeah or from Kendall and from North Miami or one part of this community to the other. The question of how do they get from the government center down to the First National Bank is not totally being addressed even though there are three stops within that general vacinity and 9 i) MAR 251975 certainly a person could walk up and take e train and go down a couple of blocks and get off, and I know that you are making studies, which you said would be finished in June, if that study is a favorable study, will you propose incorporating that in your system and if not, what type of financing could we look to , other federal funds could you expand yours. in other words what are we looking at?economics? Dr. Dyer: First, in terms of numbers, you are right in terms of your 200,000 estimate in and out the city. The main station proposed or nearly any one of those stations from the downtown area would be able to excell individually to load and off load at least 200,000 a doy, you are talking about one of th-se station being equivalent every trip movement in and out of the city, that's magnituLing the the system. Secondly, the important one, I guess is financing a circular feeder distributer of mini systems. That study would have to be completed, but there under certain conditions a way you can use federal funds to assist the construction of a mini system, many times it becomes a joint state and local thing to build one when it's a fixed guide way, many times there is a lot of contradiction on the part of the private sector in under what's called a joint development type thing, a great opportunity for all three, but the thing I want to emphasize is the economic in that would be part of the mini system study, Mr. Mayor,so I think you --- Mayor Ferre: Oh, that will be part of it, well that's very good. Let me just point out a personal feeling that I have, I think that a people mover or a mini system in the core area will do more for downtown than anything else we can possibly do, including re -zoning it, building parks, facilities, government centers, anything you want to throw into the pot. I will match it and I think that the ability to get on it the court house and go down to Miamarina Restaurant will do more for Miamarina Restaurant than all of the advertising we could possibly do. Dr. Dyer: I believe we agree with that, that it's awfully important to get the mini system in and functioning downtown, because you can hook up a lot of major activities very quickly and it develops the low cost. Mayor Ferre: It willcompletely rel/olutionize in my opinion, the value of downtown and it will enhance and induce the private sector to come in and invest, because then people will feel that they are apart. Letme give you a typical example, I was yesterday at the County Commission Chambers of Chuck Cobbs, the President of A.R.V.I.D.A. on this Interama thing and after we were finished he said, come on and I will share a taxi with you, now he was going to go to the First National Bank Building, which is five blocks away, now I said to him, Chuck, let me ask you a question, if you were in New Yo.:k, would you walk, he said, oh, sure, but see he won't do it in Miami and people will not walk from the Columbus Hotel with a few exceptions, for example to the court house and if you make it feasible for people to get around downtown it will completely change the complexity of what downtown is all about. I can't think of a more important investment really, for the public sector to get involved in, perhaps, a private participation, then the movement of people within the core area and by that I mean, from new Omni projects and Herald Plaza down to Brickell Avenue and from Dupont Plaza over to government center and looping around. Mr. Andrews: I have a suggestion, but before I make the suggestion Mr. Mayor, and members of the Commission, Father Gibson was passing out allocates to the staff and I want him and the rest of the Commission to know that Mr. Joe McManes and Mr. Andrew Crouch our Asst. Manager or the two individuals, that really put all this together and held all the meetings and held all the meetings, they have really did a fine job. I find that Mr. McManes, not only intelligent, but has a very level head on his shoulders. I would like to compliment them. Mayor Ferre: I would like to add my voice in saying, that of all the things that I've seen analysis by the City of Miami staff, I have never seen anything more professionally and more clearly done this, and you know why it makes a lot of good old horse sense, it's just common sense and you really come out with a lot of common sense things and I think Lucius Williams was involved in a lot of these discussions and others, so I would like to make it extensive to everybody who worked on it. Mr. Andrews; What I suggest that the Commission do at this point, you've agreed with everything that we've included in memorandum that you have before you that if you would adopt a motion which can be converted to a resolution embracing the contents of this memorandum. What we will do is convert this memorandum, then into a letter from the Commission which will attach to the resolution. Mayor Ferre: Is there a motion? 9 i MAR 2 51975 The following motion was introduced by Commissioner Gordon; who moved its adoption! MOTION NO. 75-279 A MOTION APPROVING IN PRINCIPLE THE CITY MANAGER'S MEMORANDUM DATED MARCH 11, 1975 AS ITS.INITIAL POLICY WITH RESPECT TO THE PROPOSED DADE COUNTY TRANSIT IMPROVEMENT PROGRAM. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None. DADE BUSINESS AND PROFESSIONAL 30, GULFSTREAMFROOM BAYFRONT PK,AUD,WMEN'S CLUB INC, Mr. Andrews: There are some people who are in the audience, if you choose Mr. Mayor. Mrs. Gordon: Mrs. Vera Star is here and then we will - Mayor Ferre: All right, let's take up item It 37. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-280 A RESOLUTION GRANTING FREE USE OF BAYFRONT PARK AUDITORIUM FOR USE BY THE BUSINESS AND PROFESSIONAL WOMEN'S CLUB ON APRIL 11 AND 12, 1975, FROM 9:00 A.M. UNTIL 6:00 P.M.; 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 Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 90 MAR 25 1975 31, MINORITY BANK DEPOSITS ACCEPTING RECOMMENDATIONS OF THE CITY MANAGER Mr, Andrews: I have supplied this City Commission with a memorandum, but I was prepared to make a verbal presentation so this will be for the record, Mayor Ferrel Let's hear Mr. Rascal and i)r. Frates, they have been waiting patiently. Mr. Andrews: That's what the memo is on, they are here with the question and I hope I have the answer for the Commission. Mayor Ferre: Let's hear the answer. Mr. Andrews: All right. The City Administration would be prepared to take three major elements of our deposit accounts or demand deposits and they are identified as the Credit Union deductions and this is hi -weekly in the amount of approx. 256 thousand dollars that's 500 thousand dollars a month or about 6 million dollars worth of checking business annually as one account for one bank. City Group Insur- ance Contribution which monthly provides 250 thousand dollars requirement and that would be multiplied by 12. Construction contracts monthly 303 thousand dollars and multiply that by 12 and that would he about 3 million 600 thousand dollars, the other would he about 3 million dollars, so those three accounts which our malor accounts and can be easily identified could be converted to the minority banks at the discretion of the Commission, however, I would recommend that if this is accomplished that it be done at a time when we are ready to change the bank that's not in the existence that has this business of the cities to make this adjustment at that time of the year when the oLdinnce becomes and we go to the next bank, it would be an easier understanding. Now, there is several criteria that we would want to establish and that is,that the city would not need to maintain any minimum balance, in other words, the way we do this kind of banking is several days before the demands are made we place sufficient funds in the account to take care of the demands and the checks are to be supplied by the bank, if we don't do this we are going to get into a problem of administering and more expenses in the city, even with that item in there it will constitute more expenses. We recognize the Commission's interest in providing minority banks with some of the cities banking business. The other is that collateral must be provided in amounts which brings total deposits of the city and any bank above the$100,000 presently covered by F.D.I.C. and then the manner of rotation if desired among the minority banks that would be a Commission decision, with the minority banks as to rotating these three accounts that we are talking about among the three minority bankE. Mr. Plummer: Can they still make a profit out of it after all those restrictions? Mr. Andrews: Well, you know this is not really a profitable thing for the banking business. I think they will tell you that, that there isn't that much profit in this, but there is a cash flow which they can take advantage of. Mr. Charles Dascal: Chairman of the Board, Continental National Bank, one of the two recognized minority banks in the Miami area. What Mr. Andrews, has just expressed is true, but I cannot foresee the City of Miami with a total amount of maybe 52% of Cuban -Americans not having the support for that bank, like Mayor Ferre says,'in the last opportunity that we were here that we had completely dedicated to try to serve a small business, we need funding;' I would like to bring out a point that this is all the money the City of Miami has, I don't want to put the City Manager under direct bass of asking where the City of Miami funds are, we have been waiting for a report, an affidavits of respect, Let me bring up a subject:the City of Miami has federal grants that amounts to several million dollars. I direct it on an executive order to be deposited whenever it's feasible and available in minority banks, I presume all of you are familiar with that, those are the things that have not been done as yet. I would like to ask , those federal funds that come into the City of Miami , and just recently I found out that you kept several million dollars in federal grants, where are they kept and are they kept on basis of ----? Mr, Andrews; They are in time deposits, transferred then from those time deposits to checking account as they are needed, as the demand is needed to snake payments from them, Now, Mr, Batley is here and perhaps, the two of them through the Commission can communicate better than I can, because he is the technician in this area and 1 am not, 1 understand enough of it to understand how the city system works, but if we go too far in subsiding the banking then we would have to supply the City Commission 1ith snore 9 extensive report as to the cost to the people of Miami to carry on a split banking, Unless it was the Commission's desire to give the major portion of it's total banking in terms of time deposits to the minority banks, then the banks that have traditionally had this privilege through the ordinances that have been adopted in the past on a rotating basis they would have to somehow be phase out or play a less important role. Mayor Ferre: It's a question of judgment and I would wish upon it this way. I think that we are dependent on these large banks on such things, for example: hand financing, where they give us some very good bids all the time. I think they enhance -- in other words, the reason wily we get such good bond rating and such a good Interest is because when we go out and we ask for bids we have 7 or 8 combines bidding on it and one of the reasons is that our local bank give us such importance. Now, our local banks, for example: I know this from personal. experience, I go up and talk to Bankers Trust or Chemical, or somebody in New York, Chase, and they always want to know what the local banks thinks of us and if the local banks says, well, they are all right, but I would be a little bit careful on it. There is no way that the New York banks are going to lend you any money. I am trying to say that we have got to help the minority banks, but we cannot do it at the jeopardy of our good relationship with two or three major banks in this community that we depend on for these bids and for these high rating that we get. Would you concur with that Mr. Bailey? Mr. Bailey: Yes sir. Most all of these larger banks have accounts or correspondent accounts in each other and the larger banks do not deal,as a general rule with the small banks in this respect, particularly in a large city of this size. We certainly,. do bend over backward to give minority banks an opportunity to share in time deposits in fact they have a disproportionately high share in some of these banks. What these banks really want is money which doesn't cost anything and that means demand deposits. Now, when we start scattering these things around into various hanks, which is what the city did fifteen years ago, much to our sorrow, then we are really wasting money that we could be earning interest on which would benefit the entire city, but at the same time by avoiding the opportunity to all banks including all minority hanks to partic- ipate in certificates of deposits. I don't see really where there is any complaint we are saving money on one hand by dealing with one or two banks, on the other hand they are affording the opportunity to participate in all of the cities funds. Mayor Ferre: What you are saying is, that we can't tamper with conservative solid fiscal management practices of the City of Miami. Mr. Bailey: That's one of the things that effects bond ratings. Mayor Ferre: Right, that's what I was just saying a few minutes ago. Ok. Mr. Charles Dascal: I want to clarify a couple of points here. One: Were you saying financially, the institution - I can tell yot that the Continenal National Bank,it might not becoming that I am the chairman, it may be one of the most solid institutions talent wise in the United States. I want you to keep in mind all of you and I want to go on record on that. Second: we have the capability of giving the City of Miami the same services that any one of the major banks to our investment brokers. I want to clarify what Mr. Bailey said in regard to the situation that the 1ig banks don't want to deal with the small banks, this is not so, I am sorry that I didn't have the pleasure of meeting Mr. Bailey before that, but I want to explain one thing. One of our correspondence, of the many that we have in the United States is F.N.C.B, which is supposed to be the second largest in the United States. Again, I want to come down and express the point, 111. the City of Miami is not going to be in any way by putting the minority banks into another list, because we don't have the nine years to wait. We can meet both in price or in competition or service and in acutal solid background anything that any other bank in the Miami area. Also, I want to clarify a point , 1i1. Small banks have as much of rights to pitch for the money as the big banks, we recognize that. We are a bidder for C.D.(Certificate of Deposit) but we do pay the higher price on the market, so that means when the City of Miami gives us the million dollars they do not give us the preparation treatment on that. What we are asking here before you today is help or something that has been established by both the controller and the Congress Department, the minority groups should be helped whenever is necessary. It's unbelievable that we have been waiting for a long, lung, I am talking about months, and months, the City of Miami has not reacted to this Cuban -American Bank. I think that if the Cuban -Americans are 52% of the total population of the City of Miami, not only because we are Cuban -Americans, not only because we support the City of Miami, we pay our taxes and we do whatever other citizens do, so the only thing that we are proposing here is that we should have at least 52% right to the other thing, I mean the reason that Mr, Bailey is saying," that from 15 years ago, because 15 years ago the City of Miami didn't have the actual ethnic groups that we have today and we have a different situation we have to deal with. Mayor Ferre; I think that is a valid point and I would certainly be in favor of MAR 2 51975 that promise, provided that in our financial department which is Mt Bailey and his people and the administration that they felt that we were in no way jeopatdizing any of the fiscal ratings or responsibilites or the financial statue of the City of Miami. Now, if you were to apply your theory to Mall Industries and you were to say well, since Mall Industries now deals with 50% of your customer ate Cuban..Americans and Latins, therefore you have to deposit 50% of your money in Cuban -American or Latin banks, that would weaken by position with the Chase Manhattan Bank, because the Chasc Manhattan Bank dealE basically, or with the First National Bank of New York, there main corresponding bank here is the Southeast Bank, so whether I want to recognize it or not, there is certain things that for my fiscal health I've got to deal with certain banks. Now, I am not arguing against you, because I think there is room, look we have a pie, here is the pie and what you are talking about--- the question Is not how you throw the pie but how you cut it and how are you going to cut up this pie. What I am say- ing is that I don't mind cutting a piece of it provided it doesn't impair our fiscal strength and now you take that for --- that's just one opinion here. Mr. Andrews: I think that the minority banks recognize that we have made within the last year sufficient strives in trying to adjust to this change and it's my recommendation that they except what we are offering at this time and we will continue to examine our accounts and evaluate the impact of this change and determine there are other ways that we can be of assistance. Mayor Ferre: I would be concerned, I think you would need to do more than that, because there is a provision in the Federal law , that as we get these federal funds that we are supposed to in good conscience try to do this, so I think you are going to have to look into it a little bit more than just you know on --- Mr. Andrews: I understand. Mr. Charles Dascal: It is an executive order by the way, that's the way they call it. Mr. Andrews: It's not a law, it's an executive order. Mayor Ferre: An executive order, excuse me. Mr. Plummer: Mr. Mayor, may I make a motion that we follow the recommendations of the Manager for a start, that we have a recommendation back to the Manager and evaluation if you will at the end of six months and how things are going, then we can re -look at the matter,and hopefully give them more, bit at this time we except the recommendation of the Manager. Mayor Ferre: Would you incorporate this with the statement that the Manager conscient- ious look toward toward the ways of using or increasing C.D.'s in minority banks, especially from federal funds provided that if not impair or financial rating or fiscal strength? Mr. Plummer: I would be glad to incorporate it. Mayor Ferre: All right, there is a motion and a second. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-281 A MOTION ACCEPTING, FOR A PERIOD OF SIX MONTHS, THE RECOMMENDATION OF THE CITY MANAGER WITH RESPECT TO MINORITY BANKS AND DEPOSITS OF CITY FUNDS. Upon being seconded by Commissioner Gibson, the notion was passed and adopted by the following vote: AYES: Commissioner Manolo Rebuso Commissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A, Ferre NOBS; None, MAR 25197 Mr. Bailey: Mr. Mayor, they are offered any amount which they can post collateral as security at the highest interest rate. Now, there ate no restrictions on it, we don't restrict them 200,000. Mayor Ferre: They can bid anything they want. Mr. Bailey: Yes sir, in fact this hank right here now has 2 million 300 thousand dollars of such funds on deposits. Mr. Charles Dascal: Mr. Mayor, we are paying for it. Mayor Ferre: There is no question about it. In other words they have it because they bought it. Mr. Charles Dascal: We are missing the point again, I am sorry to be so stubborn if you want to call it that, I appreciate --- Mayor Ferre: We understand because after all, Time magazine says if you are going to be one of the ---- This man was classified as one of the future 200 leaders in the world. Mr. Charles Dascal: Not in the world, the United States. Mayor Ferre: 011: the United States, well that's good enough. Mr. Charles Dascal: I want to clarify again, I mean, One: We are not asking for time deposits, we are asking for our fair share on what the City of Miami can give us, we don't want no prefatorial treatment, no nothing, we are going to meet all the same, exact deals that you have in regard to the bank in the area, but I think that if we are the contributors of 52% of the wealth of the city. the City Manager just mentioned a number of accounts there, but I would like to know where the accounts are for sewers and water, and so forth, those are the demand deposits that we need, those are the ones that actually that flow that we need. Mr. Plummer: The water and sewer authority issue it, we don't. Mayor Ferre: The City of Miami doesn't have it, but we have others. Mr. Charles Dascal: I am not familiar exactly with the different things that the City of Miami have because --- I think Father Gibson have for a review - in on record that they asked where the money for the City of Miami, I think Mayor Ferre also asked and we still don't know where they are. Mayor Ferre: Let me give an argument on his side, then we have to vote on this, because we have got to move on. We got another meeting at 7:30 an half an hour. They have a right - a moral right if they were the high bidders for our 2.3 million dollars and they are paying more than anybody else for our money, that does give them a certain right to some of the gravy too, you know, they got some of the bone and a little bit of the meat, now what they want is some of the grav: and I am saying that if they are bidding and that entitles them-- that opens the dooi to them, I think. They don't have to bid that high , nobody is forcing them to do it. Mr. Bailey: Well, I would like to say that all the banks are in the same boat. Some of them, in fact are say, we are not interested at this time, we have these going out constantly and some banks say we have all we can handle right now, for one reason or another, they don't want it, but some want it everytime they get that opportunity. Mayor Ferre: We have got to vote now, because we've got a whole bunch of things to do and very little time left, so there is a second by Gibson . Call the roll. Mr, Plummer: We will see you in six months. Mayor Ferre: We will see you before then. Mr, Charles Dascal: No, we are going to go on the recommendation of the City Manager, ok? Mayor Ferre: Ok. iQ MAR251975 32. FREE USE OF MIAMI MARINE STADIUM MARINE COUNCIL OF GREATER MIAMI JUNE 7, 1975 The following resolution was introduced by Commissioner Plummet, who moved its adoption: RESOLUTION N), 75-282 A RESOLUTION GRANTING FREE USE OF THE MARINE STADIUM BY THE MARINE COUNCIL OF GREATER MIAMI ON SATURDAY, JUNE 7, 1975 FROM 10:00 A.M. TO 12:00 NOON FOR THE PRESENTATION CT THE ANNUAL "SEA CIRDU:;" EVENT, CO -SPONSORED BY THE CITY )F MIAMI, SUBJECT TO THE MARINE COUNCIL OF GREATER MIAMI OBTAIAING LIABILITY INSURANCE IN SUCH AMOUNTS AND CARRIERS AS THE CITY MANAGER DEEMS APPROPRIATE FOR THE PROTECTION OF THE CITY. (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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. EASTER SUNRISE SERVICES 33, FREE USE OF BAYFRONT CHRISTIAN AND MISSIONARY ALLIANCE CHURCHES PARK BANDSHELL The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-283 A RESOLUTION PERMITTING FREE USE OF THE BAYFRONT PARK BAND - SHELL ON MARCH 30, 1975, FOR AN EASTER SUNRISE SERVICE BY THE CHRISTIAN AND MISSIONARY ALLIANCE C:URCHES, SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, LIGHTS, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 103 M.4R 25 1975 54, WAIVE RENTAL FEES MIAMI BASEBALL STADIUM LA SALLE HIGH SCHOtto 5 DAYS The following motion was introduced by Commissioner Plummet, who Moved its adoption: MOTION NO. 75-284 A MOTION OF INTENT TO WAIVE THE RENTAL FEE FOR USE Of THE MIAMI BASEBALL STADIUM BY LA SALLE HIGH SCHOOL FOR FIVE DAYS, THE DATES TO BE DETERMINED BY THE CITY MANAGER, Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 35, APPOINTMENT OF ALTERNATE MEMBERS INTER CITY RIVER BOARD The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-285 A RESOLUTION APPOINTING ROCCO W. PACE AND JR. AS ALTERNATE MEMBERS TO THE INTERCITY (Here follows body of resolution, omitted in the Office of the City Clerk.) JAMES E. FERGUSON, RIVER BOARD. here and on file Upon being seconded by Commissioner Plummer, the passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre resolution was NOES: None. 36, APPOINT ADDITIONAL MEMBERS CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTI FI :ATION The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-286 A RESOLUTION APPOINTING MR. GLENN A. BUFF, A.I.A. AND MISS TERRY MALCOLM TO THE COMMITTEE ON ECOLOGY AND BEAUTIFICATION. (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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 1 U.i MAR 251975 V. AUTHORIZE PAYMENT = RENTAL OF DULLDO; ER EQUIPMENT The following resolution was introduced by Commissioner Gordon, who Molted its adoption: RESOLUTION NO, 75-287 A RESOLUTION RATIFYING THE ACTION OF THE DIRECTOR OF THE DEPARTMENT OF SANITATION IN RENTING BULLDOZER EQUIPMENT FOR USE AT VIRGINIA KEY FROM TROUP BROTHERS, INC.; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO PAY SAID COMPANY THE TOTAL PRICE OF $8,248.90 FROM THE SANITATION DEPARTMENT BUDGET. (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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. APPROPRIATE $19,000 DINNER KEY AUDITORIUM BUDGET 38, AMEND APPROPRIATIONS ORDINANCE AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE APPROPRIATIONS ORDINANCE, ORL)INANCE NO. 8316, APPROPRIATING $19,000 FROM THE UNCOMMITTED FUND BALANCE TO THE PUBLIC FACILITIES FUND; DESIGNATING SAID FUNDS TO THE COMMODITIES ACCOUNT IN THE DINNER KEY AUDITORIUM BUDGET; PRO- VIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Rev. Gibson and Mayor Ferre. NOES: ABSENT: 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. 39, ACCEPT BID ORANGE BOWL PLAYGROUND DEVELOPMENT - 1975 The fnllnwina r.cn]ution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-288 A RESOLUTION ACCEPTING THE BID RECEIVED FROM P.J. CONSTRUCTORS, INC. IN THE AMOUNT OF $22,735.00 FOR THE ORANGE BOWL PLAYGROUND DEVELOPMENT - 1975; ALLOCATING THE AMOUNT OF $22,735.00 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $2,273.50 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $454.50 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 second 100 MAR 251975 Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Coftiissioner Rose Gordon Comm`ssioner (Rev.) Theodore Gibson Vice Mayor J. ,. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 40. ACCEPT BID CUTTING AND HAULING OF APPROXIMATELY 3,000 COCONUT PALM TREES The following resolution was intrc.iuced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-289 A RESOLUTION ACCEPTING THE BID RECEIVED FROM WATSON TREE SER- VICE FOR THE CUTTING AND HAULING OF APPROXIMATELY THREE THOUS- AND (3,000) COCONUT PALM TREES AT A COST OF $27,000.00; FUNDS BEING PROVIDED FOR THIS PURPOSE UNDER FEDERAL REVENUE SHARING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) 'Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 41, ACCEPT BID FENCING FOR MARINE STADIUM DRY BOAT STORAGE AMEND APP,ORD,-$9,9OO,00 TO COVER COST(IST READING) The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-290 A RESOLUTION ACCEPTING THE BID RECEIVED FROM DADE _'ENCE, INC. FOR FURNISHING FENCING FOR MARINE STADIUM DRY BOAT STORAGE AT A TOTAL COST OF $9,900.00; ALLOCATING THIS AMOUNT FROM THI; MARINE STADIUM FUND BALANCE FOR THE PUBLIC FACILITIES DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 1 u 0 MAR 251975 AN ORDINANCE ENTITLED,, AN ORDINANCE AMENDING APPROPRIATIONS ORDINANCE NO. 8316 ADOPTED OCT)BER 10, 1974 BY APPROPRIATING AN ADDITIONAL $9,90).00 FOR THE PUBLIC FACILITIES DE-, PARTMENT TO COVER THE COST OF FENCING FOR MARINE STADIUM DRY BOAT STORAGE; 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 Plummer and :seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 42, ACCEPT BID - SIX TRUCKS (SANITATION DEPARTMENT) ?'hra fnilnurinr, rncnitlt'iOP 14ac inttrnrill!•nri by rnmmicinnr?r f_j.bgnn moved its adoption: RESOLUTION NO. 75-291 who A RESOLUTION ACCEPTING THE 1973 BID RECEIVED FROM TALLY-EMBRY FORD FOR THE PURCHASE OF (6) TRUCKS FOR USE BY THE SANITATION DEPARTMENT @ $7,988.00 EACH, AT A TOTAL COST OF $47,988.00: AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT TO BE FUNDED FROM THE PUBLIC PROPERTIES REPLACE- MENT RESERVE FUNDS IN THE L974-75 BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. MAR 435197 43. ACCEPT BID = FA.:AI Off SANITARY SEWER IMPROVEMENT SR-54024 CENTERLINE SEWER The foliowing resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION N0. 75-202 A RESOLUTION ACCEPTIN3 THE BID RECEIVED FROM D.M.P. CORPOR- ATION IN THE AMOUNT OF $30,914.50 FOR THE CONSTRUCTION OF FASHION SANITARY SEWER IMPROVEMENT SR-5402-C (CENTERLINE SEWER) IN FASHION SANITARY SEWER IMPROVEMENT DISTRICT SR-5402- C (CENTERLINE SEWER); ALLOCATING THE AMOUNT OF $30,914.50 FROM THE ACCOUNT ENTITLED "SANITARY SEWER BOND FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $3,091.45 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNF OF $118.29 TO COVER THE COST OF ADVERTISING, TESTING LABORATORIES, POSTAGE AND PRINTING; 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 Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. CONDEMNATION OF 4 PARCELS FEC CASE 71-17071 44, DISCUSSION - Mr, 1.10..r1: ri,-cr., pull-gl1anr_ to the mandate of this commission, T in have a memo there, we did appoint J. R. Wilson as appraiser after some difficulty we received all of the legal descriptions of the parcels he's supposed to appraise. This has been given to him. Now what we plan to do is file a notice of trial in the F.E.C. case for the purpose of finalizing the condemnation on these four parcels only. Now to make absolutely certain that the authority of the city to acquire these four parcels in certain and we get no problem with that I pass- ed out a resolution to that affect. Now the reason for this is to avoid any question as to the authority of the city. (Thereupon the City Attorney read the resolution by title) Mayor Ferre: I'll briefly speak to that in this way: We've got a big task ahead of us. Now I think we already have court approval to purchase four parcels. I think we've got to get on with the task. There are several reasons for it. (1) The property isn't going to get any cheaper, Rose. Rose, just listen to this and then we can get through it quickly. (1) The property is not going to get any cheaper. (2) It gives us the majority of the Biscayne Boulevard frontage. (3) It cuts up their property bad and that's going to hurt them, they're not going to like that. So those are three good reasons why I think we should proceed in taking the property that we have. Mr. Plummer: How much? Mayor Ferre: We don't know how much. Mr. Plummer: Well, what's the appraisal? Mayor Ferre: We don't have it yet. Mrs. Gordon: How long will it be before you have it, Mr. Lloyd? Mayor Ferre: I don't care what the appraisals are, I'm telling you, I'm giving you my statement, I'm giving you a statement of Maurice Ferre. Now this is out of the 35 acres, it can't be more than 2 or 3 acres. Mr, Plummer; Mr.. Mayor, you're entitled to your statement but I'm entitled to the answer to my question. J O.; 1975 Mayot Ferre: Sure you are. And you're entitled to your opinion too. Mr. Andrews: May I assist the commission in this? When you were at that point in time when these parcels were identified the Commission at that time cited that it would not pursue those four parcels, that it was going to pursue the ac- quisition of the total property so appraisals were never obtained on those parcels. There was never any consideration at that time. Mr. Plummer: How many acres is it? Mr. Andrews: I think about 4 acres in all. Mr. Plummer: The only thing we're really suing now is over the price? Mr. Lloyd: we've been given the authority to take the parcels so therefore we would go directly to trial on•the amount. Yes. Mayor Ferre: Wait.a minute, once you aet the appraisals I hope that you're going to come and tell the commission what the appraisals are even if you do it in private. Mr. Lloyd: 0h yes. Mayor Ferre: And this commission at that point decides that we don't want to proceed with this then we can always back off with this. But what I'm saying is that we shouldn't be wasting anymore time on this and this is a legal docu- ment that gives Lloyd the vehicle to move on it. Mr. Plummer: That's the legal vehicle if they don't concur on the appraisal? Mr. Lloyd: No. I do not need this to get the appraisals. Now this author- izes me to proceed to file a notice of trial. That's what this does. That's what you wanted me to do. Now if you don't want me to pass this resolution, fine. I can withdraw it at this time. If you wish to wait until I get the appraisals and come back I'm happy to do that but I did this because I under- stood you wanted me to proceed expeditiously. Mr. Plummer: Well, that's true but you know to tell you to go ahead we're really giving you carte blanche not knowing what the appraisals could be. tlr. Lloyd: This is true. Now there is one thing then. Let me make this fur- ther explanation which I have in my memo. This is why I have suggested only filing a notice of trial rather than a declaration of taking. Mayor Ferre: All right, now look. Here's all I'm telling you. Mr. Plummer.: That's 5 acres, that's 1/8th of the parcel. Mayor Ferre: Now J.L., what I'm saying is this. If we approve this now this gives our lawyer, Lloyd the right to start a trial and get going on this darn thing. Ok? Now, before we even get to a trial or even spend any money these appraisals should be through in the next 30 days. Shouldn't they? Mr. Lloyd: Yes. They should be finished in approximately 3 weeks because he said 30 days and we got the descriptions to him. Mayor Ferre: That's good enough. Now, within 30 days if you'll come and tell each one of the commissioners what these appraisals look like, if they're com- pletely out of bounds within 30 days we can just stop all of this. If they're not I strongly recommend to this commission that we proceed in taking those four or five acrds. Mr. Plummer: Ok, I'll move it, we can always withdraw it. Mrs. Gordon: I want to ask a question t:hat I think is important because if we do proceed on this basis would it have an affect on the total taking, Mr, Lloyd, with regard to price? Because what we're doing is appraising a front- age. Will that set a precedent for the rear portion and set it possibly at a higher dollar value? Mr, Lloyd: It's possible. Mrs. Gordon: And I would be very reluctant to... MAR 2 5 1975 Mr. Lloyd: Not probable, however. Now the thing that you're talking about actually is not so much that_ but the possibility of a claim of severance deamage:;. But this is a complicated legal factor which I don't want to get into at this time tonight. I would prefer to discuss it at length at some future time. Mrs. Gordon: I would prefer if we could ha•e time to think about this because,.. Mr. Lloyd: 1 don't have any objection. Mrs. Gordon: All right. Because I mean I'm not saying yes or no but it is kind of late, we've been working a lancr time. Mayor Ferre: Schedule it then for the April loth meeting in the morning please, not late at night. F,E,C,-TRAILER FERRY INC 45, PROPOSED INJUNCTION ENJOIN EXPANSION OF NON -CONFORMING USE OF P AND 0 PROPERTIES Mr. Lloyd: I have here a proposed reseluti.on with a memo authorizing the City Attorney to proceed with a complaint for an in junction .against the F.E.C. to prevent them from continuing to vi.ol:eft the extension... What they're doing is they're extending a non -conforming use which .i:; in violation of the City Code. Mayor Ferre: They're doing it blatantly. I think this is long overdue. Mr. Lloyd: One minute, t want.: to d ecu:;; this now so that I don't get into the bind that I did the last time and that I don't ... make the commission aware of all the factors in thr cs - >. 1 t h i nk we have a good case here. However, I want to call attention tc: '.', fact if we're unsuccessful in this we can be liable for attorney's fees and. clamauc. Mr. Plummer: How 72etrit eie time we ,. i i., court we lose in the pocketbook? Mrs. Gordon: t1r. Lloyd, i we tell you eomethinq. if somebody .is doing something illegal and we c--..,f and we can't. prove our ease in court there is something wrong becaueeiy are ie violation of our zoning laws... Mr. Lloyd: I'm aware of !hat' Mrs. Gordon: And 1 can't see i,o,:; we ean yet duck with the cost. Mr. Lloyd: I'm aware et: that: and I can also tell you that there is precedent for this which we oure'iva's estrblished in the Webster Sign Case. Mayor .Ferre: And I want Lo tell you something else. Mr. Lloyd: I'm just making you aware of all the facts, that's all. I don't plan to lose but I wanted jut to make the commission know that. Mrs. Gordon: It's almost Like when you're going for an operation, "Of course, it could be unsuccessful." Mr. Plummer: You know the thing that bothers me, we've heard the same story about the dirt. And what did that cast us? $110,000. Mayor Ferre: I want to tel.l you something. This is something that we in my opinion have got to do even if it coot:; us a million dollars. The F.E.C. is blatantly abusing and usurping the riethts of tliie community. They have no right, absolutely no right: to extend their tracks and to use land that is not zoned for industrial purposes for industrial use. It.. .is a blight on this com- munity. They are laughing at us and with all due reepect.s to them, I just don't think that they have a right to just go pulling our beard the way they're doing for us to just stand ;till. I don't care what it costs. Mr. Plummer; Mr. Lloyd, are you telling me likewise that they are in violation of our zoning code? Mr. Lloyd: Yes, sir. Mr. Andrews; We've already gone can record and put them on notice that they're in violation of our zoning ordinance. MAR ; 51975 The following resolution was introduced by Commissioner Gordon, Who moved its adoption: RESOLUTION N0. 75?93 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE AN ACTION AGAINST TMT TRAILER FERRY, INC. AND FLORIDA EAST COAST RAILWAY COMPANY TO ENJOIN THE EXPANSION OF THEIR NON -CONFORMING USE IN THE AREA COMMONLY KNOWN AS THE P & 0 DOCK PROPERTIES. (Here follows body of resolution, om.Ltted 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: Commissioner Manolo Reboso Commissioner Rose {.Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, .Tr. Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Now can you make it any stronger than an injunction? Can't you do something else besides an injunction? Mr. Lloyd: Well, you can, of course, it's a violation and they can be brought into the Metro Court but that's like slapping them on the wrist. That son't... I mean say the Metro Court fines them a few dollars and what does that do? Nothing. But if you want we can go through the Building Department on that one also. $500 is the limit. Mrs. Gordon: Well, they have been notified they're in violation. This would be the second step and then see where we go from there. Actually, it isn't F.E.C. it TMT... 46, APPROVE PROPOSALS FOR REDEVELOPMENT OF BAYFRONT PARK PER PLAN OF EDWARD D. STONE AND ASSOCIATES Mrs. Gordo: You know, I like that plan that Mr. Stone presented but I share the concer that Plummer expressed this morning. And I'm worried, really that we are going to be caught with our hands tied and not able to take property that we have gone all the way to the suprfine court back and forth... Mayor Ferre: I disagree with that, and I just want to... Mr. Plummer: Rose, my fears were resolved when it was told to me that this was voted on by the people, the 31 million dollars for the improvements was voted on. Mr. Andrews: Not quite that clear cut that 31 million dollars was voted upon. This was covered in an item as various items for the total Bi-Centennial Park. One of those was Bayfront Park - development, bandshell, renovation, park furniture, expanded irrigation system and recapping seawalls, $229,000. When we got to the Bayfront Park Meeting in which Stone presented the whole plan and the commission then acted to implement the plan then the amounts of money that we had in here was begun to be divided up into acquisition and improvement and at that time we allocated about 312 million dollars... Mayor Ferre: Well, that's what we're saying.... Mr. Andrews: It was set up where we'd spend about 312 million dollars on Bi- Centennial Park, 312 million dollars on the Bayfront Park and the rest of the money would go for land acquisition. Mrs. Gordon: That was in the bond issue that way? Mr. Andrews: No. This was after the bond issue. The elements were identified in the bond issue but when you say 3L, million dollars specifically voted on in the bond issue to redevelop Bayfront Park, No. That wasn't identified that way, Mrs. Gordon: But the bond issue did :,ay that we would acquire land with that money and that was voted on by the people. MAR 251975 Mr, Andrews: Oh yes. I've got all of the items here that wete identified and this whole...I'll hold it up so you can recognize it, The one on this side, City of Miami Park & Recreational Bond P.:ogram was introduced as patt of the court record as to how the funds would be spent. Mrs, Gordon: I know that and that':, why t'm very concerned about us doing what we're doing which is chipping away at this money and we don't know where we stand on this acquisition... Mayor Ferre: We're not chipping away because we're going to end up.., We always end up all our money away in things that we never see. This time we're going to end up with a 41 million dollar park called Si -Centennial Park and a 31 million dollar park which is going to be a greatly imlroved and beaut.ful Bayfront Park. Mr. Plummer: With a cesspool right in the middle. Mr. Andrews: And at this stage the commission is really committing that 31 million dollars. All you're doing is committing and permitting me to explore further this concept that was before you and I have to come back with an approval from Mayor Ferre: You've got a long way to go but you've got to go to the Parking Authority, you've got to go to the Port Authority, the Restaurant. You've got to go to the corps of Engineers... Mrs. Gordon: Mr. Andrews, how lcng a period of time are you talking about with all of your exploration? Mr. Andrews: At least 6 months. Mrs. Gordon: How long a period of time, Mr. Lloyd, do you anticipate before you will have some concrete answers on the condemnation? Mayor Ferre: This depends on the Supreme Court. Mrs. Gordon: Yes, but that's moving ahead. Mr. Lloyd: On the entire F.E.C. property? Well, if we file within 30 days.... I'm talking about the new action. I don't understand the ques:ion. What do you want me to answer? Mayor Ferre; Mr. Lloyd, the City of Miami..put a lawsuit which is now pending before the Supreme Court of the State of Florida for the taking of 36 acres called the F.B.C. property on Biscayne Boulevard. The question is when in your opinion will the Supreme Court rule on that case. Mr. Lloyd: I have absolutely no idea. Mrs. Gordon: Ok, but Mr. Lloyd, and you're the attorney and I'm not, you have mentioned previous and other occasions that there are other routes to take. Have you explored them with regards to that suit, with regards to starting a new suit? Mayor Ferre: May I help in answering that? Mr. Lloyd and I went to see Mr. Bill Colson. WE also saw Bob Orsek who was the lawyer for the appeal. We also went to see Mr. Dan Paul and I forget who else, I've asked some other attorneys. Now their advice without any exception, all three of them was that we cannot; because I wanted to call the clerk and I wanted to do this and push; and the advice of Bill Colson and Dan Paul and Orsek was the Supreme Court is in trouble now, don't tamper with it. If you call up and put pressures it will be highly resented, it will probably do you more harm than goo and you won't get any answer from them anyway. So just wait, sooner or later they have got to rule. Mrs. Gordon: Maurice, that's not the point, The point is that there is another route to take. You can start the suit over again because the law that was passed last year in the legislature changes the entire picture and it would be my opinion that Mr. Lloyd, you ought to explore that now come back and let's postpone any decisions on this until our next meeting when we're going to take up the small portions of the property with regard to the... Mr. Reboso: Why are we going to postpone right now? Mrs. Gordon: Because we can't afford to jeopardize the condemnation moneys by another 31 million dollars. 1 .1 MAR "51975 Mr. Reboso: Rose, we are just giving the City Manager permission. Mrs. cordon: Yes, but when yotS move in a direction, Manolo, you jut don't go half tray and then turn around c nd go back. Mr. Reboso: Rose, this is the only chance that we have to have that park done. if we don't do it now we are never going to do it. Mrs. Gordon: I can't see where the urgency is between now and our next meet- ing. We are having a hearing... Mayor Ferre: We're always putting things off. Let's see what the will of the commission is. Now I'll recognize anybody for whatever motion... The following motion was introduced by Commissioner Plummer, who Moved its adoption: MOTION NO. 75-294 A MOTION APPROVING IN CONCEPT THE PLAN PRESENTED THIS DATE BY EDWARD D. STONE FOR DEVELOPMENT OF BAYFRONT PARK, AND AUTHOR- IZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH SAID EDWARD D. STONE FOR TiE IMPLEMENTATION OF SAID PLAN. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: Mrs. Gordon. ABSENT: None. ON ROLL C ALL : Mrs. Gordon: I'm going to say no but I'm going to qualify that because I don't feel that this is the time for us to plan to spend that kind of money until we know what moneys it's going to cost to take the other property and where it is going to come from. Mayor Ferre: In my vote I want to say that the people of Miami voted for not only the purchase of property but the improvements of the existing parks, that this has been clearly spelled out with 315 million dollars in previous and many multiple discussions and that this is following that pattern. (3) That this is not the final vote on it; we're going to ;have a final vote. (4) That if we don't get on with this we will never get the job done. (5) That no matter what the F.E.C. property costs we ought to do this anyway . (6) The longer we wait the more it is going to cost and I vote yes. Mr. Plummer: John, the four parcels that you're planning on taking, will that give us a full access on the front of that property? Mayor Ferre: Everything but one piece. Mrs. Gordon: No, it isn't. It gives a hack portion and entrance. Mayor Ferre: Everything but about 100 feet... 14 is MAR `..51975 AVOCADO PARK AMEND .0, (8,W18 STI) 47, PURCHASE LOT 16, bLOCK 1 ATRy_mktto ENTERPRISES FOR The following resolution waF introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-295 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO PURCHASE LOT 16, LESS THE SOUTH 45 FEE, BLOCK 1 of AVOCADO PARK AMENDED 3/68 FOR A TOTAL PRICE OF $34,204.00 FROM WOMETCO ENTERPRISES AND AUTHORIZING THE FINANCE DIRECTOR OF THE CITY OF MIAMI TO ALLOCATE $35,000.00 FROM THE CAPITAL IMPROVEMENT FU:U - UNALLOCATED FUNDS FOR SAID PURPOSE. (Here follows body of resolution, omitted here and ci file in the Office of .:he City clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordan Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. CITY -COUNTY AND H,U,D, TO PROVIDE ADMINISTRATIVE WORK g, AGREEMENT AFRICAN SQUARE CONDEMNATION CASE,ACQUISITIONS PROCESS APPRAISALS AND RELOCATION OF TENANTS The following resolution was introduced by Commissioner. Plummer, who moved its adoption: RESOLUTION NO. 75-296 A RESOLUTION AUTIiORIZIN'; AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND DADE COUNTY PROVIDING THAT THE HOUSING AND URBAN DEVELOPMENT DEPARTMENT OF BADE COUNTY SHALL PROVIDE THE ADMIN- ISTRATIVE WORK REQUIRED IN THE AFRICAN SQUARE CONDEMNATION CASE INCLUDING REAL ESTATE ACQUISITIONS, PROCESSING OF APPRAISALS AND RELOCATION OF TENANTS. (Here follows body of resolution, omitt..d here and on file in the Office of the City clerk.) _ Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. MAR 251975 DENY CONDITIONAL USE i CONTINUED OPERATION 4g, pa ABED RESOLUTION OF MONTMARTE RESTAURANi AS A SUPPER CLUD The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-297 A RESOLUTION DENYING THE CONDITIONAL USE GRANTED TO THE MONTMARTRE RESTAURANT FOR THE OPERATION OF A SUPPER :LUB ORIGINALLY GRANTED BY THE CITY COMMISSION SUBJECT TC A SIX- MONTH REVIEW. (Here follows body of resolution, omitted here and on file in the Office of. the City Clerk.) Upon being seconded by Commissioner Reboso, thu resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor. Maurice A. Ferre NOES: None. VICE MAYOR J. L. PLUMMER AND COMMISSIONER ROSE GORDON 50, APPOINT RETIREMENT BOARDAS MEMBERS OF TPLAN OF MIAMI GENERAL EMPLOYEES The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-298 A RESOLUTION APPOINTING VICE -MAYOR J. L. PLUMMER, JR. TO THE CITY EMPLOYEES' RETIREMENT SYSTEM BOARD AND APPOINTING COMMIS- SIONER ROSE GORDON TO THE CITY GENERAL EMPLOYEES' RETIREMENT PLAN BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Jibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 1 1 4 ) MAR 251975 MR,ANDRESS SEC(.iv iA Si, EXPRESSING APPRECIATION TO PIA O°NAfl ON FOR CULTURAL EVENTS The following resolution was introduced by Commissioner Plummer, who Coiled its adoption: RESOLUTION NO. 75-299 A RESOLUTION EXPRESSING APPRECIATION TO 4R. ANDRESS SEGOVIA FOR DONATING $2,500.00 TO THE CITY OF MIAMI FOR THE PROMOT- ION OF CULTURAL EVENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following ""ote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner. (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 52, CONDOLENCES - DEATH OF MR, THOMAS WASMUTH The following resolution was intrcduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-300 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND CONDOLENCES OF THE MAYOR AND COMMISSIONERS OF THE CITY OF MIAMI TO THE FAM- ILY OF THE LATE THOMAS T. t.'ASMUTH WHOSE PASSING ON MARCH 11, 1975 HAS DEPRIVED THIS COMMUNITY OF A MOST RESPECTED CITIZEN AND PROMINENT CIVIC LEADER. (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 votc- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon. Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. MAR 251975 53, DISCUSSION ITEMS SIGN REQUEST" STI MICHO/It 'S CHURCH BANYAN TREES ON CORAL WAY Mr. Plummer: Mr. Mayo , let me bring up one question here. And I hate to do it during Holy Week, St. Michael's Church has approached me and I've gone through the administration. They have requested permission to put up a sign for church purposes only in a like manner as the adjacent property which hap- Pent to be the Dade County Auditorium. They want nothing more but they also want nothing less than what Dade County has affor.-ed themselves. Now from the Manager I received back a memo that the only way .,e can proceed in this manner Was what? M. crouch: To either change the sign ordinance to permit such things or to change the sign ordinance that would allow for variances to the same ordinance to be given. Under neither condition can that si+;n be constructed. Mayor Ferret I'm going to telt you my opinion. I think that that Dade County sign is a monstrosity. I wish that we ,ould.,iholi__=h it. Now to put two of the same... Mr. Plummer: Well, it wasn't the same, tor. Mayor, they wanted the wane size is what they wanted. So what you're saying really Andy is there are no provisions for it to be done. Mr. Crouch: None at all. It would have to be permitted everywhere in the City and the same conditions. Right now there is no variance and no way you can give consideration to that application. Mr. Plummer: All right. The other thing, Mr. Mayor, that I wanted to bring up and understand I only bring it up at the commission because the manager wanted it that way; the very dangerous sitoation in my mind is existing on Coral Way between l2th Avenue and 37th Avenue where the Banyan trees, the roots come out and raise the road almost now to the point it: you're not aware of them you could lose control of your car. The reason it has to be brought up here at this com- mission meeting is because those streets are maintained by Dade County and the Manager wanted the impetus of the commission rather than just his writing a letter. So how do you want it worded? Mr. Andrews: Just a motion that the city has expended considerable sums in pro- viding curb and sidewalks on the north and south sides of Coral WAy between 12th and 37th avid recognizing that Dad:- County maintains Coral Way it is requested that they put in the curbs and gutters on the center parkways. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-301 A MOTION REQUESTING METROPOLITAN DADE COUNTY TO INSTALL CURB AND GUTTER ON THE CENTER PARKWAY OP CORAL WAY BETWEEN S.W. 12TH AND 37TH AVENUES. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner. Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. MAR 251975 04 DESIGNATE ENTRANCE TO SEi ORT TD THE MEMORY 54. MOTtON or INTENT or MR. THOMAS WASMUTH AND ARRANGE CEREMONY The following motion was introduced by Commissioner Gibson, who honed its adoption: MOTION NO. 75-302 A MOTION DESIGNATING THE ENTRANCE TO THE PORT OF MIAMI AS THOMAS C. WASMUTH PLAZA. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 55, DISCUSSION OF CHANGE OF SECOND COMMISSION MEETING IN APRIL Mr. Anrlrgw. . T aPnt vnli p mcmnra.nritim rerruPstinr, the fact that emit rhhr,a the Commission Meeting if possible from April 24th to April 22nd. Are you able to do that? Mr. Plummer: I'll move it subject to the commission all being in agreement... Mr. Andrews: I'll have my secretary get in touch with yours, Mr. Mayor, tomorrow. 56, APPROVE RULES OF FORTHCOMING RETIREMENT BOARD PLAN ELECTION The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-303 A RESOLUTION ADOPTING RULES OF PROCEDURE FOR THE ELECTION BY GENERAL EMPLOYEES, EXCLUDING POLICEMEN AND FIREMEN, WHO ARE RETIREMENT PLAN MEMBERS, OF TWO MEMBERS OI' THE RETIREMENT BOARD OF THE MIAMI CITY EMPLOYEES' RETIREMENT PLAN FOR A TERM OF TWO YEARS, IN ACCORDANCE WITH ORDINANCE NO. 2230 AS AMENDED; PROVIDING FOR THE NOMINATION OF CANDIDATES, PROVIDING FOR SAID ELECTION, PROVIDING FOR RUN-OFF ELECTION IF NECESSARY, PRE- SCRIBING THE FORM OF BALLOT, PROVIDING FOR THE ('ANVASSING AND DECLARATION OF RESULT OF SAID ELECTION; AND RESCINDING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT THEREWITH. (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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 1 d MAR 2 51975 CONSULTANT SERVICES 571 EXECUtE AGREEMENT AFRICAN SQUARE The following resblution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-304 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER AND THE CITY CLERK IN EXECUTING THE AGREEMENT FOR CON- SULTANT SERVICES FOR THE AFRICAN SQUARE PARK PROJECT WITH M. PAUL FRIEDBERG AND ASSOCIATES. (Here follows body of resolution, omittel here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr Mayor Maurice A. Ferre NOES: None. 58, LEGISLATIVE PRIORITIES CITY OF btMAMI 1975 LEGISLATIVE PRIORITIES 1. LAW ENFORCENENT Bookmaking and Gambling Prostitution Possession of Forged Drug Prescriptions Assault and Battery on Law Enforcement Officers or Firefighters Unlawful Possession of a Motor Vehicle Frith Serial Number Removed Possession of Firearms by Convicted Felons Eacaoe Situations 1'7rch, 1975 To amend the Statutes to make bookmaking and gambling a third degree felony when more than three people are involved. To amend the Statutes to mate all forms 'of procurement for Prostitution a felony when engaged in by a third party for profit. `.Add to the drug prevention and control act provision making the possession o: forged _,prescriptions an offense. :Amend the Statute to make it a felony third degree to comfit assault and battery on a • law enforcement officer or firefighter in the performance of their duties. Amend the Statute to increase the degree of offense for unlawful possession of such a motor vehicle. To provide that persons charged with being a convicted felon in possession of a firearm shr.11 not have the right to demand a witness be present who can swear to their prior conviction. Also, the immediate fingerprinting of a felon upon conviction, with this fingerprint iden- tification introduced in a subsequent case to prove identity. ,To.provide mandatory notification to the • arresting agency within two 2hou.rs of the time of an escape from any corrections instibution under the State Divt.;ion or Corrections and any and LLU. State netttz 1 institutions, rlotificatton to incli4do the identity of the escapee And card► coptederste(s) who join in the escape, 113 Elea TU:A i'Io:i moat. I:edotra tion F,tr-s 3. PEaMITS_ AND LICEts!°S. OccupatiOnal. Licenses GEtalI 4L Demolition and Lot Clearing Liens 5. LOCAL TAXATION Double Taxation County Tax Districts 6. TOURISM Promotion and Advertising Budget 7. EMT= DWAaI Cost Reduction T1,z.0; C l r r . ! :? re tr ti ri OC rotor powered to- ts in the 1-.tutted to both Counties and VunbzinaLitiis, rather t:'2Z jltnt to Cottnti es . (These roni..s to Ile spen.t oa SF1Firiiin':U2-„2^,j-,t-•4 TecZ'eatiOnal a.i .:s s.:i " ) Repeal or modify Florida Statutes Annotated 205.43 (5) to lift the license ,fee•cei1;-,:; on occupatioral licenses levied by municipPlities. This rtction +i1:1. per it the establishment of license . fees .cam^ensurate with ris;n. costs to s-thecities for the era-kiei strntioo of the : 1er Ltted use. Establish by general law a uniform method 'by which reeli cipa.Lities could impose demolition and lot cles.rin,;, liens, so they carry the same dignity and can be enforced itl the sam manner as tam liens. To have the present State law prohibiting double taxation changed into a ma dator r prd ibition. To exclude by State mandate tempaj rs in tneei cipalities from paying County ttesms for services which are rendered in the co± o ted. areas. • tFrovids by law that counties murt estyb sh . a -sepa.z-ate tax district. for enincorporeted • area and incorporat td areas where services and' capital• itlercrrente are to be pro- vided and used exclusively by and for the convenience of the residents of unin- coroorated area and iaco po=ated areas. Place more emphasis oa Florida tourism through increased appropriation of funds for advertising and prc^rt_ors. The c1'rger to the State economy of a reduction in the level cif tourism must be dealt with affirmatively. I:od'_rniz2 :itcte of i'.I':1ri 1: iJ::L:i r!t .)amain laws to reduce bite public burden of paying uwaerc :Ic.iai asd o`.s_r costs due to appropriation of lends ''or public purpose... Florida's ^r_:n ie La•;s practice' ly negate glee possibility of negotiated settlement of needed It n for nublic purposes. ht) MAR 251975 8. RE,'�T'1UL VA RIi1G Dotsentary Staff Tax Police Salary Incentives 9. LETHAL YELLOWING State Program 10. RESORT TAX 11. DEPARTMENT OF TRANSPORTATION J -3- To replace urn, ciea1 revenue Lost &ae to State of Florida raising iatiagible tax exemption to $20,000 per persort, it is suggested that this revenue be replaced by placing; the Documentary Stamp =a t receipts into the I•!ari±cipal Revenue Sharing Trust Fund. The State of Florida rtc'a.i.res rr ici- palities to pay Police personnel incentives in the form of salary increments for personal ac.iieveceitt. 'These salary increments gust be .oaid by local go-iern- rents as a nrerequioite to receiving State Revenue Sharing Funds. It is recommended that the State of Florida Statutes and budget chimes occur so that the iun&ing for this State requirement is paid directlJ by the State. The palm blight disease known as lethal •yellowing has developed into epidemic proportions in southeast Florida. The northward d progress of this palm blight i s occurring. A State of Florida amergency program to assist in halting and restor nr the eemege to the State of Florida s:. +ald be instituted on a State level. That legislation be ^'.doeted enabli.ag 1oc:o municipalities to 3cv;r a Resort T'.x of up to 2;?, on all meals and hotel rooms. That legislative action occur r plot' - that cities with pouulation o;' 5),').)) or water, be dealt with on the sate basis as counties for jurisdictional cone4 . ra- tion of budget, road constz- ctior!, and return of gasoline tax revenues. IiJIIIUIIIUIUIIIi!! mimons a 12i MAR 251975 JJitu Lloyd City . Ltorney Mi1i ch 4) 1975 >=r,.t 11 OM ME .ao.y Maurice A. Terre pr,r"-,;_«, Mayor Ler,i.tilatu e In addition to the 1975 legislative priorities dated January, 1975 which, by the tray, do not have a signature or an initial from the originator, I would like to ask that you consider three other .potential legislative mAtters for the City: 1). A tax reform, as discussed between you, Stewart Simon, County Attorney, and myself, permitting a vehicle for a single residence property overly taxed because of increased value due to speculative land values on future use of the property'. As you may recall, this was nor a constitutional matter, but rather a tax deferral sys tem contingent on the Land use. 2).' As you know, Federal legislation exists where there is an insurance policy for the family of any Federal employee killed in the line of duty. It is rty opinion that both the Federal government and the state should consider extending this protection to all state and local government employees. Obviously, the local governments cannot afford such a program, and it should be the burden of the state and Federal governments 3). Although much has been talked about end 14ttle done, I under- stand there is a pant itte h111 alread': int educed establishing mandatory jail sentences tor any crime committed, where the felon is apprehended in a second crime with a handgun in his possession. It is my opinion that the City sho'ild officially back such a law. It is essential, since the legislature meets in a month, that these ratters be brought for Commission discussion at the earliest possible Commission meting. ama cc: ;,r. 1'aul Andreas 122 MAR 251975 (ire 05 w•11.1'-11. Ft 01=00> IN f ;2•O=FIC`.C.. i•1 ZMM!ORAyi)UM.1 YJ• Mr, H. C. Eads. Jr. F;ssistant to the City Manager 'Are:• i•1 u h 6, 19"''r.;. U Election "rac^c'et,—,s h .£FcR�VCF le \\ FNC;LOSUR!S! 1 With respect to the memorandum dated February 26, 1975, on the subject of Election Procedures. it is the recommendation of this office that the Legislature be urged to adopt legislation giving the Supervisor of Elections the right to go into a polling place on election day to observe and take remedial action if necessary. It is also the opinion of this office that a system of voting other than the use of mechanical voting machines be found to re- place the present rather cumbersome and at times trouble -plagued system. We understand this is already being explored by the Supervisor of Elections for Dade County. MAR 251975 CC)C)RD IN:\T I NG COUNCIL 197S LEG ISL,.\T'IVI, P1' EORTT1 FOR THE I)A1)E C:OMUNTY drart 3/1 i/it; 1. Unemployment Insurance for School Board Employees Exempt school, board employees from unemployment insurance benefits between academic terms. Due to an oversight in the current legislation, school board employees were not exempted during this period. The Unemployment Compensation Law (Florida Statute 443.05) should be amended to exclude from eligibility during non -work periods between terms, all those school board employes who are obligated by contract for the academic session immediately following the work break. Otherwise, unemployment compensation could cost school systems statewide an estimated $30,000,000 to $50,000,000 annually. 2. Insurance Payments for School Board Employees Permit the Dade County School Board to pay group hospi- talization insurance for employees, retirees and their dependents. Legislation should be enacted authorizing every County Board in school districts having 50 or more junior and senior high schools to provide for life, accident or health insurance, as ceEined by Florida Statute 624.603, or any and all kinds of such insurance tor the officers, employees,, retirees thereof, and their dependents. These County Boards should be allowed to insure or self -insure all or any part of said program, or enter into agreements with insurance companies or self- insurance companies to provide.such insurance or services. Such school boards should be authorized to pay premiums, charges or cos:s for the above insurance out of any available funds. 3. Administrative Procedures Act Amend Florida Statutes, Chapter 120.52 (1) to exempt District School hoards and Tax Adjustment Boards from the provisions of the "Administrative Procedures Act". 123 MAR 2 5197' (31 The Dade County School Board believes that continued compliance with that 1074 lef;isl..ation will unduly hinder the effective and efficient operation o F school systems to the detrimentof the students and the public in general. This Act is .intended for State agencies only. The sole local agencies now affected are School Boards, because of court interpretation of preceding legislation which is now inappropriate. 4. Marine -Oriented Recreation Return to both counties and municipalities fees collected for the annual registration of motor powered boats in the state. These monies are spent on marine -oriented recreational activities. 5. State of Florida Permits Centralize and coordinate the process of obtaining State of Florida permits. Particularly, provision should be made that State permits for construction of storm sewer outfalls, dredging and filling could all be obtained from one State agency. This could be accomplished without major departmental re -organization. Further,'fees from governmental agencies should be waived when for public improvement projscts. 6. Occupational Tax Review Undertake a comprehensive study of the Occupational Tax, encompassing the problem of inequitable license fees. Such a study is long overdue.• The present fees are inequitable and so negligible as to constitute little more than a nuisance tax. It is neither a benefit tax nor a regulatory fee. 7. Charitable Solicitations Strengthen laws regulating charitable solicitations by reducing the maximum amount of donations which can be taken by professional solicitors to 15 percent. -2- 241 MAR 251975 S. Touristy Place more emphasis on Florida 1 lour lsm. The dancer to the State economy of rt reduction in tourism must he dealt with affirmatively. Along the promotional projects t:h:i.c.h should he con•; i Jered is the establishment of "hospitality centr_r:;" in airports receiving more than 100,000 annual visitors. Returns on small investments in this area can be maximize providing a positive influence on the economy at a time when it is greatly needed. Development of Florida as a major international center would contribute to a positive balance of payments for the nation. 9. Police Salary Incentives Provide State funds for direct costs of police salary incentives mandated by the State. The State of Florida requires local governments to pay police personnel incentives in the form of salary increments for personal achievement. These salary increments must be paid by local governments as a prerequisite to receiving Suite Revenue Sharing funds. Now that both constitution ii and statutory guidelines for collective bargainini by local governments exist, the State should not mandate additional incentives, without being willing to provide the compensatiot accordingly. 10. Palm Blight/Lethal Yellowing Institute an emergency state-wide program to assist in halting and restoring damage caused by the palm blight disease known as lethal yellowing. The State should encourage research aimed at Finding the cause and a permanent cure. This disease has reached epidemic proportions in south- east Florida, and northward progress of the di:;ease is occurring. Any program instituted should include a provision that government agencies reprice diseased trees with resistant trees in parks, public right-of-ways and other publicly owned lands. The State should consider establishing nursery farms so that the public can have access to inexpensive resistant trees such as Malayan Palms. - 3-. • MAR 251975 11, Eminent Domain Attorneys' Fees .Provide relief to ".oca1 taxpayers from the responsibility of attorneys' fees in eminent domain cases, or establish an appropriate fee schedule or formula. The current legislation, (Fl,)rida Statute 73.090 (a) that the state or local i;overnnent p.oy the cost of the landowner's attorne; , im t ike the federal government or other states, and (b) that the attorney's fee is de- termined by.the court, unlike most other civil actions. There is no established formula or fee schedule; one award represented an excess of $1,000 per hour. This matter is particularly critical to Dade County because of our voter -approved Decade of Progress bond program and the millions of dollars of land which must be acquired, particularly for the mass transit system. Use of these tax monies must be protected for the actual, and direct costs of development and construction, with indirect costs limited to what is fair and reasonable. 12. Child Welfare Needs Provide for the following needs of dependent children: a) Adoptive homes for handicapped children. Provision o F a subsidy to parents adopting handicapped children would make an increased number of families available to adopt children who otherwise• would remain in foster care. -Each .subsidy should cover expenses related to physical., mental or emotional problems of the child. No additional expense to the state should be invo:lved'since the children would nc longer be in foster care. b) Quality foster care. The quality of foster care should be improved by: --increasing repayment rates to cover the full cost of care; --increased specialized foster care for handi capped and emotionally disturbed children. c) Protection of children involved in independent adoptive placements, The Florida Adoption statute should be amended to provide: --a central registry of children being sent out of state for adoption, so that an investigation of t. c intenctcbd adoptive home can take p lace . 4 12ti MAR 2 5 1975 - that children being placed by intermediaries should :stay in licensed Foster homes during the preliminary sttfcly by PPS. 13. ,Nursing domes Elevate the quality of care n nursing lhumus. Specific changes .in the Florida ?Medicaid Law should include: (a) increase medicaid payments to make them closer to the actual cost of care; (b) a regional cost -- of -living differential for reimbursement rates; (c) stricter standards for the level of care and mairtenance of physical plants, and better policing of these standards; (d) an expansion of coverage to include special needs such as dental care and prosthetic devices. 14. Low and Moderate Income Housing Provide state assistance to help meet the housing needs of Dade County's low and moderate income persons. Such assistance is needed in several forms; (a) creation of a State Housing Finance Agency to facilitate provision of housing funds at an interest rate less than the current market rate; (b) legislation encouraging owners of vacant housing to lease at lower -than -market rates in return for tax credits to supplement the difference in income return; and (c) statutory and constitutional amendments providing tax abatement for redevelopment reconstruction, and rehabilitation of slum and blighted areas. 15. Maass and Public Transportation Establish public mass transportation as a State priority and recognize public transportation as a basic public service. Legislation should be enacted which: (a) appropriates monies to fund the state share of the Dade Area Rapid Transit System; (b) regraires state DOT to fund primary right-of-way acquisition, thus shifting the burden from the counties; (c) provides funding of wreckers and crews for the Motorist Aid Patrol on I-95 in Dade County; (d) supports mass transportation alternatives to automobile travel for visitors. -5- 2.! MAR ` 51975 { Industrial It;n-_!;itl, Expand the 1'_: l l it i t. i t.tll o l li ) f' 11l!1';.,' 1' I rt Revenue Bonds. 'Ilse Constitution or i'li'.' .`�! :1 t `. 0{'rill ; l•'t 1J;1'. f'i.;:'ti�i' (1 in 1968 by :lr t i c i V i 1 L :pit 10, to 1):` I ii; (? t l; o f Industrial P,.2vyaue Fr., l.t: . Il; Ju;tt (l 1. l 9 i) the ofoff,il" Stie. '._' . Florida {l �js`it.:d the Florida legislature Industrial I'ivancin Act. Under the terms of the Act, an industry can use the bonds of a political siibcl i'- i s ion ;i a financing vehicle to build "projects" as defined by i:lu' At.:t to be "an industrial or manufacturing plant". This definition of project should be expanded to include visitor oriented projects such as accommodations, recreational facilities, housing, and any other capital project which meets the basic purposes of the Act. 17. State and Regional Boards Legislate a proportional membership composition for state and regional boards, rather than continuing the current appointment system. Membership distribution of state and regional boards, such as Pollution Control 1 nr (.1 and the So,.t'h Florida Flood Control District, ,iiould be I::.dc according to population, and al o perhaps according to tax contribution. 18. Pr Eerty 'Ian: I<�. i i., ;" : Thy• Circuit croaker Provide property ':r}:: relief: to persons on: fixed incomes through the "circuit brc:iker" method. Circuit breaker legislation, adopted in some form by half the states, gets its name from the electrical device that cuts off electricity when the circuit is overloaded. In the case of property taxes, the relief would cut in when the tax burden reaches a percentage of income. which would be considered an "overload". This method has the following advantages: (a) it relates taxes to income, offering a ceiling to persons on fixed incomes most hurt by inflation; (b) it affords relief to renters who can't afford to own their homes, as well as to homeowners; and (c) it offers relief Erom the burdens of excessive tax to persons o E all ages who qualify. -6.. MAR 2 51975 19. State Revenue Sharing Provide that the state cafe.:L\- trust fun:' hu in: rea:,ed by adding to it From the f, ;tte general revenues, In the past, revenues iovel ved in tli;.st.;itc--coi:nty trust fund (portions of the cigarette tax, the road tax, and the intangible tax) were collected by the state and returned to the locality. In l97L, the system was.changed from a point-oF-collection rebate to a re -distribution formula using three criteria: (a) total population of the county, (b) unincorporated area population of the county, and (c) sales tax collection in the county. Then in the last, session, revenues to the fund were reduced by increasing the exemption on the intangible tax. •This action will cause Dade County to lose an estimated $1,000,000. The state now should increase the fund. A logical source for additional revenues is the documentary stamp tax on the transfer of real property. Only the sharing of an existing tax is involved; no new taxes are proposed. Also, the documentary stamp tax i:; a property tax (on the transfer of real property), which is by consensus agreed to be a local government tax. 20. State Support of Human Resources Maintain statb support of human services at current levels. The Dade County community, through its non-profit agencies, local government bodies and the Dade delegation, has for several years given high priority to the development and expansion of human services programs at the State level. While much' more needy to be done in the areas of child care, nursing home care, health service delivery, drug and alcohol programs, mental health programs, mental retardation, detention and rehabilitation services, significant strides have been made. • Due to the condition of the economy and its impact on State revenues, it is realistic to assume that major expansions of services and programs will be very difficult in fiscal 1975-76. The Coordinating Council has approached the question of increased funding with an attitude 'of moderation. We do strongly urge that the gains of recent years not be lost. Otherwise, local governments will he burdened with the financial support of these programs which are a State responsibility. Program cutbacks will do great harm to the very people -already suffering most from inflation, recession and unemployment. hC/bfn -7- • 129 MAR 2 5197 5 59, REAFFIRM PREVIOUS POStttbN- EQUAL RIGHTS AMENDMENT The following motion was introduced by Commissioner Gordon, who Moved i`s adoption: MOTION NO. 75-305 A MOTION REAFFIRMING THE CITYtS POSITION TO SUPPORT THE EQUAL RIGHTS AMENDMENT IN THE STATE LEGISLATURE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (ReV.) Theodore Gibr.on Vice Mayor J. L. Plummer, Jr. Mayor Maurice. A. Ferro NOES: None. 6U, A(CEPT TOTAL PACKAGE- REOTIMENDATIONS FOR LEGISLATiVE PRIORITIES Th. following motion was introauc:ed by Commissioner Plummer, who moved is adoption: MOTION NO. 75-306 A MOTION ACCEPTING IN PRINCIPLE TIIE RECOMMENDATIONS OF THE CITY MANAGER AND CITY ATTOI;NEY WITH REFERENCE T( LEGISLATIVE PRIORITIES ON MATTERS TO I;L: PRESENTED TO TIIE 1975 STATE OF FLORIDA LEGISLATURE FOR CQNSIDERATION. Ur< t being seconded t ; Commissioner Gibson, the motion was passed and ado "_.'c1 by the f n1.lowi ' q vote - AYES: : Commissioner Manolo Rt'hciso C-mm i 1:s i onot Rose Gordon C'mmi stl i :ti-r (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, M.tyor M.tui _i :.o A. Ferro NOES: Th.' 7e being no :cmtthc l bus Ines too come be6ote the City Comn.v,.s..on the Meeting oas adjou neJ at 8:25 P.M. ("Good?. ATTEST: H. D. SOUTHERN CITY CLERK RALPH G. ONE.; IE 4SSISTANT CITY CLLRK r"AURICE A, FERRE MA fOR * .er11+ 1._:0* • ytis� v :•; �,'i f; ..fly �'1.+1�. 444 f•$ vvi'l iii MAR 2 51975 ciy OF M'AMI A IMCOAb T OM IS 98 ITEM NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 DOCUMENT IND DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT GRANTING PERMISSION, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 36(1), TO USE PROPERTY LOCATED AT 7521 N.E. 3RD AVENUE, LOT 5, BLOCK 6, DIXIE HIGHWAY PARK. ORDERING SAN MARCO IIIGHWAY IMPROVEMENT H-4368 ACCEPTING THE FEBRUARY 3RD, 1975, COVENANT TO RUN WITH THE LAND FROM BRICKELL BAY CLUB. ACCEPTING THE COMPLETED WORK PERFORMED BY DOCK & MARINE CONSTRUCTION, INC. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE AMOUNT OF $1,000 TO SHARON WILLITS IN COMPLETE AND FULL SATISFACTION OF THE JUDGE- MENT ENTERED BY THE U.S. DISTRICT COURT, CASE NO. 73-920-CIV-CF AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTAB- LISH A FEE OF $30 A MONTH FOR EACH DRY -LAND TRAILERED BOAT STORAGE SPACE AT THE MARINE STADIUM TO BE UTILIZ- ED DURING DAYLIGHT HOURS. GRANTING THE APPPLICATIONS SET FORTH HEREIN FOR TIIE REPLACEMENT AND TRANSFER OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY. AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO AN AGREEMENT WITH ANCHOR MARINE OF MIAMI, INC. TO FENCE AND USE THAT PORTION OF N.W. 7TH STREET FRON N.W. SOUTH RIVER DRIVE TO THE MIAMI RIVER. GRANTING FREE USE OF BAYFRONT PARK AUDITORIUM FOR USE BY THE AREA WIDE AGENCY ON AGING ON SUNDAY, MAY 25, 1975, FOR A COUNTY -WIDE SENIOR CITIZENS CELEBRATION. GRANTING FREE USE OF BAYFRONT PARK AUDITORIUM FOR USE BY THE BUSINESS AND PROFESSIONAL WOMEN'S CLUB ON APRIL 11, AND 12, 1975 GRANTING FREE USE OF THE MARINE STADIUM BY THE MARINE COUNCIL OF GREATER MIAMI ON JUNE 7, 1975, FOR THE PRE- SENTATION OF THE ANNUAL "SEA CIRCUS" EVENT. PERMITTING FREE USE OF THE BAYFRONT PARK BANDSHELL ON AMRCH 30, 1975, FOR AN EASTER SUNRISE SERVICE BY THE CHRISTIAN AND MISSIONARY ALLIANCE CHURCHES. APPOINTING ROCCO W, PACE AND JAMES E, FERGUSON, JR, AS ALTERNATE MEMBERS TO THE INTERCITY RIVER BOARD, MEETING ING CA?Ci March 25 1975 COMMISSION ACTION R-75-265 R-75-267 R-75-268 R-75-269 R-75-270 R-75-271 R- 75-2 73 R-75-274 R-75-276 R-75-280 R-75-282 R-75-283 R-75-285 RETRIEVAL CODE N0. 0061 75-.265 75-267 75-268 75-269 75-270 75-271 75-273 75-274 75-276 75-280 75-282 75-283 75-285 DOCU ME NTIN DEX ONTINUED DOCUMENT IDENTIFICAttON 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • RATIFYING THE ACTION OF THE DIRECTOR OF THE DEPARTMENT OF SANITATION IN RENTING BULLDOZER EQUIPMENT. ACCEPTING THE BID RECEIVED FROM P.J. CONSTRUCTORS, INC. IN THE AMOUNT OF $22,735.00 ACCEPTING THE BID RECEIVED FROM WATSON TREE SERVICE FOR THE CUTTING AND HAULING OF APPROXITMATELY THREE THOUSAND (3,000) COCONUT PALM TREES. ACCEPTING THE BID RECEIVED FROM DADE CENCE, INC. FOR FURNISHING FENCING FOR MARINE STADIUM DRY BOAT STORAGE AT A TOTAL COST OF $9,900.00 ACCEPTING THE 1973 BID RECEIVED FROM TALLY-EMBRY FORD FOR THE PURCHASE OF SIX (6) TRUCKS FOR USE BY THE SANI- TATION DEPARTMENT @ $7,988.00 EACH, AT A TOTAL COST OF $47,988.00 ACCEPTING THE BID RECEIVED FORM D.M.P. CORPORATION IN THE AMOUNT OF $30,914.50 AUTHORIZING THE CITY ATTORNEY TO FILE AN ACTION AGAINST TMT TRAILER FERRY, INC AND FLORIDA EAST COAST RAILWAY COMPANY. AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO PUCHASE LOT 16, LESS THE SOUTH 45 FEET BLOCK 1 OF AVOCADO PARK AMENDED 3/68 FOR A TOTAL PRICE OF $34,204.00 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI AND DADE COUNTY PROVIDING THAT THE HOUSING AND URBAN DEVELOPMENT DEPARTMENT OF DADE COUNTY SHALL PROVIDE THE ADMINISTRATIVE WORK RE- QUIRED IN THE AFRICAN SQUARE CONDEMNATION CASE. DENYING THE CONDITIONAL USE GRANTED TO THE MONTMARTRE RESTAURANT FOR THE OPERATION OF A SUPPER CLUB ORIGIN-. ALLY GRANTED BY CITY COMMISSION. APPOINTING VICE MAYOR J.L. PLUMMER, JR. TO THE CITY EMPLOYEES' RETIREMENT SYSTEM BOARD. EXPRESSING APPRECIATION TO MR. ANDRESS SEGOVIA FOR DONATING $2,500,00 TO THE CITY OF MIAMI FOR THE PRO- MOTION OF CULTURAL EVENTS. EXPRESSING DEEPEST SYMPATHY AND CONDOLENCES OF THE MAYOR AND COMMISSIONERS OF THE CITY OF MIAMI TO THE FAMILY OF THE LATE THOMAS C. WASMUTH . ADOPTING RULES OF PROCEDURE FOR THE ELECTION BY GENERAL EMPLOYEES, EXCLUDING POLICEMAN AND .FIREMEN. WHO ARE RETIREMENT PLAN MEMBERS. R-75-287 R-75-288 R-75-289 R-75-290 R-75-291 R-75-292 R-75-293 R-75-295 R-75-296 R-75-297 R-75-298 R-75-299 R-75-300 R-75- 303 __CM_ NO. 75-287 75-288 75-289 75-290 75-291 75-292 75-293 75-295 75-296 75-297 75-298 75-299 75-300 75-303 DOCUMENTiNDEX ONTINUE TEM NC DOCUMENT IDENTIFICATION Tr v. 29 CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANA- GER AND THE CITY CLERK IN EXECUTING THE AGREEMENT FOR CONSULTANT SERVICES FOR THE AFRICAN SQUARE PARK PRO- JECT WITH M. PAUL FRIEDBERG AND ASSOCIATES. R-75-304 75-304