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HomeMy WebLinkAboutCC 1975-04-10 MinutesCO.M MISSI.ON MINUTES OF MEETING HELD ON APRIL 10, 1975 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H, D, SOUTHERN CITY CLERK RALPH G, QNGIE. ASSISTANT CITY CLERK ITEM Kt Ih�c [SOONAMI, ORIIl4 SUBJECT ORDINANCE 0 RESOLUT1ON PAGE NO I 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 3.4. 16. 17. 18. 19 . 20. 21. 22. PERSONAL APPEARANCE- H.ROSEN,Mayor M. Beach for presentation to Chief Don Hickman CHANGE OF ZONING- COCONUT GROVE PHASE I Public Hearing PERSONAL APPEARANCE -WARREN FOX, F.P.S L. SUBSTATION S.W. 16 and DIXIE HIGHWAY AUTHORIZE LUMMUS ISLAND AS SITE FOR SPECIAL 13T-CENTENNIAL BOY SCOUT CAMP VARIANCE REQUEST- BOUNDARIES S OF WOODLAWN CEMC'I'\RY 3275 S.N. 16 STREET CHANGE OF ZONING-N.W. 2 & 3 AVES and N.W. 2 & 5 STREETS CHANGE OF ZONING- MIAMI MUNICIPAL TRACT 41E APPROVE CONSTRUCTION OF FIRE STATION NO. 5 F1.RE BOAT AND 240' SNORKEL (FIRE APPARATUS) RE'I.CTTY MANAGER TO SUBMIT POSITION PAPER GPANT APPROVAL OF `MITE PLAN DEVELOPMENT PLAN PUBLIC PARK-2800 S.W. 22 AVENUE EXTEND C'ONDITIONAL U:3E--99 SLIP MARINA 1901 BRICKELL AVFNUE E::'I'ENSTON OF VARIANCE-MARCELLUS DEARBORN SUB 000 S.W. 17 AVENUE INTERIM ZONING DISTRICT-MIAMI DADE GOVT.CNTR EXTEND FOR 6 MONTHS PROCLAMATIONS, PLAQUES, CERT . OF APPRECIATION DISCUSSION -URGE LEGISLATURE AND APPROPRIATIOI 0tiMr.I1TTErS TO ADDRESS DEMANDS ON STATE HUMAN SERVICE SYSTEM ACCEPT COMPLETED CONSTRUCTION SAN MARCO SANITARY SEWER IMP SR-5316-C ACCEPT QUIT CLAIM DEED -PUBLIC UTILITY EASEMENTS TRACT "A" - MOORE PARK ACCEPT (HIGHWAY RIGHT OF WAY DEED ADEMAR PARK 11�1D. SEC.39-20 (F) PROVTDE 10% GROSS RECPT. FOR PROIESSIONAL SOCCER EVENTS FED .GRANT APPLICATION- RECONSTRUCTION OF RECREATIONAL FACIJ.ITIES FOR HANDICAPPED AUTHORIZE PAYMENT OF ADDITIONAL FUNDS KITCHEN CHANGES FOR 3 DAY CARE CENTERS RATIFY ACTION OF CITY MAIJAGER PURCHASE UNIFORMS FOR PUBLIC SERVICE AIDES FIRST READING M-75-307 M-75-308 DISCUSSION FIRST READING FIRST READING R-75-309 DISCUSSION R-75-311 R-75-312 R-75-313 ORD.8381 DISCUSSION R-75-314 R-75-315 R-75-316 1st READING R-75-317 R-75c318 R.=75-319 1 & 2 2==17 17=18 18=20 20=23 23 23=25 25 25=26 27=34 35 35 35=36 36 36 37 37 37 38 38 39 39 CI� I1EM NO ttte 6eFialffiin��Rtna SUBJECT ORDNANCE OR RESULUt i uN No, PAGE NO. 23, 24, 25. 26. 27. 28. 29, 30. 31. 32. 33. 34. 35. 36. 37, 38. 39. 40. 41. 42, 43, 44, 1-YEAR EXTENSION OF EMPLOYMENT HARRY PEARLMAN WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM NATURALIZATION COMMITTEE-U.S. DISTRICT COURT AMUSEMENT RIDE PERMIT- GESU CHURCH APPOINT MRS. MARTY GRAFTON MIAMI MEMORIAL COMMITTEE CLAIM SETTLEMENT - LEROY ALVIN DORSETT CLAIM SETTLEMENT - EDGAR DIXON ETC. DENY CERTAIN CLAIMS ACCEPT BID - MISCELLANEOUS TREES ACCEPT BID - SEVEN ROTARY MOWERS ACCEPT BID - FIRE APPARATUS ACCEPT BID - PARK BENCHES AND TABLES ACCEPT BID - BICENTENNIAL PARK PHASE II ACCEPT BID - 3 YEAR INSURANCE POLICY ACCEPT CHECK FROM TRAVELERS INS.CO. COLLAPSE OF BLEACHERS -dinner key auditorium PROPOSED C2-A ZONING DISTRICT -COCONUT GROVE Appearance by Coconut Grove Ch.Commerce PERSONAL APPEARANCE-CITY/COUNTY BIKE PATHS PERSONAL APPEARANCE- JOHN HORAN CEREBRAL PALSY FOUNDATION-PROP.SPECIAL PARK SUBSTANCE ABUSE FACILITIES CREATE ADVISORY COMMITTEE SUBSTANCE ABUSE FACILITIES POSSIBLE PURCHASE BY COUNTY OF CITY OWNED PROPERTY AT 1145 N. W. 11 STREET FOR USE AS JUVENILE REHHAI3ILITATION CENTER PERSONAL APPEARANCE - RENE. COTERA USE OF MIAMI BASEBALL STADIUM BY FEDERACION ATLETICA BASEBALL INVERNAL MIAMI PROPOSED LOCATION OF VELODROME AND DISCUSSION OF NEW BIKE PATHS FAULTS R-75-320 39 R-75-321 R-75-322 R-75-323 R-75-324 R-75-325 R-75-326 R-75-327 R-75-328 R-75-329 R-75-330 R-75-331 R-75-332 R-75-333 40 40 40 41 41 41 42 42 42 43 43 44 44 ORD.8382 ( 45=56 8383 8384 DISCUSSION DISCUSSION ORD.8385 8386 8387 8388 8389 ORD. 8390 DISCUSSION M-75..334 M-75-335 56=58 58 59=67 68 69 69=71 72=75 It�-7c CITY��S�IOJ � MIANI) F�RIIIA ITEM NOi SUBJECT ORDINANCE ofj RESOLUTION NO PAGE NO. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61, 62. 63, PERSONAL APPEARANCE-HERI3ERT LEE SIMON RE -CERTIFICATION OF 40 YEAR OLD BUILDINGS ADD ADDITIONAL NAME TO 32ND ROAD TO DIXIE "COPERNICUS PLAZA ROAD" NAME BUILDING IN FLAGAMI: PARK "ABE GOLDMAN BUILDING" BRIEF DISCUSSION- BERTHING OF SEAPLANE CONDEMNATION OF F.E.C. PROPERTY BICENTENNIAL PARK AREA- MOTION TO ACQUIRE 5 PARCELS ENTER INTO AGREEMENT-O'LEARY-SHAFER ASSOCIATE LANDSCAPE DESIGN SERVICES- MINI PARK 46 WEST FLAGLER STREET DISCUSSION OF NEGOTIATIONS FOR THE ORANGE BOWL SCOREBOARD PROPOSED ORDINANCE -CHAPTER 50 SHIPPING VESSELS AND DOCKS ETC. BUS BENCH ADVERTISING CONTRACT STOP SIGNS ON ALATKA,NOC-A-TEE & MICANOPY IN COCONUT GROVE URGE METRO TRAFFIC AND TRANSPORTATION DEPT. NOT TO SEND HEAVY TRAFFIC TIHROUGI1 RESIDENTIAL AREAS TO ACCOMODATE BLUE DASH BUSES PERSONAL APPEARANCE - VICKI DE ALBORNOZ COLUMBIAN CULTURAL EXCHANGE PROGRAM PERSONAL APPEARANCE - ARNOLD TUCKER U.OF M. WAIVER OF FEES AT INTERSQUAD GAME,ORANGE BOWL CORRECTING NAME -ORANGE BOWL CONSULTANTS PERSONAL APPEARANCE-NORA SWAN, CHAIRPERSON BI-CENTENNIAL COMMITTEE CLAUGHTON ISLAND - MEMO OF AGREEMENT ACCEPT PLAT - VERSAILLES PLAZA POLICE ACADEMY DISCUSSION R.CIAL REPRESENTATION ON LABOR FORCES CONTRACTORS PERFORMING WORK ON CITY CONTRACTS REQ,CITY ATTY,TO FURNISH LEGAL GUIDANCE DISCUSSION M-75-337 M-75-338 76-78 78=79 79-81 DISCUSSION 1 82 M-75-339 340 341 82=89 R-75-342 90=91 DEFERRED 91-92 DEFERRED 92 DISCUSSION 93=95 M-75-343 344 345 346 96=100 DISCUSSION 102=103 M-75-347 104 R-75-348 105 DISCUSSION M-75-349 R-75-350 106=108 108=109 109-110 110=120 M-75-352 1 120=123 1 1 IND C[�t�ilSI�OF MIAMI, FLORIDA SUBJECT ORDINANCE OP RESOLUTION N0, PAGE NU, 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. RATIFY ACTION OF CITY MANAGER DADE COUNTY MASTER PLAN LITTLE LEAGUE LIGHTS TN SHENANDOAH PARK ENDORSE CONFERENCE ON III-LINGUALISM SOCIETY BISCAYNE COLLEGE - OPA LOCKAJUNE 7, 1975 REQUEST METRO TO DEFER ACTION ON PROPOSED ORDINANCE PROVIDING FOR RE -CERTIFICATION OF 40 YEAR OLD BUILDINGS (Prepared Resolution from earlier motion) URGE STATE LEGISLATURE TO ADDRESS PROBLEMS OF INCREASING DEMANDS ON STATE HUMAN SERVICE SYSTEM (Prepared resolution from earlier motion) REQUESTING COUNTY COMMISSION TO SIMULTAN- EOUSLY ADOPT COUNTY APPROVED MUNICIPAL BIKE PLANS WITIH RECOMMENDED COUNTY PLAN - NO FURTHER BIKE SIGNS UNTIL SAFE STANDARDS ARE DEVELOPED ETC. FREE USE OF MARINE STADIUM ON PAYT.OF COSTS PAN AMERICAN GAMES ROWING REGATTA JULY GRANT FREE USE OF MIAMI BASEBALL STADIUM LA SALLE HIGH SCHOOL - 5 days REQUEST METRO TO INSTALL CURB AND GUTTER ON CENTER PARKWAY ON CORAL WAY BETWEEN S.W. 12 AND 37 AVENUES DESIGNATE BISCAYNE BOULEVARD ENTRANCE TO PORT - THOMAS C. WASMUTH PLAZA M-75-353 123=124 DISCUSSION 1 125 R-75-354 1 125 R-75-355 R-75-356 R-75-357 R-75-358 R-M-359 R-75-360 R-75-361 126 126 126 127 127 128 128 MINUTES OF REGULAR MEETING OF THE CITY COt'1ISSIOti OF MIAMI FLORIDA 41441.4141.***-014 ON THE 10TH DAY OF APRIL, 1975, THE CITY COMMISSION OF AM , FLORIDAMgi' AT ITS REGU►.AR MEETING PLACE IN THE CITY HALL, 3 rAN AMERICAN IRIVE, MIAMI, -LORIDA IN REGULAR SESSION. THE METING WAS CALLED TO ORDER AT 9:00 O'CLOCK A►M► BY MAYOR MAURICE A. bERRE WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT: ALSO PRESENT: Comm.i sstioneh Mano f o Rebas o Commissianen Rasa Getden Comnissio►tet (Rev.) Thcodm ' Gibson Vice Mayon J. L. IN:UMme. , J:7. Mayak ;tlauAi.cc A. F'CA IC P. W. Andk i& , C.i to C1�inagc`c A. P. Cnouch, Assistant City ,Manag e- John S. L4'oyd, City Attctney H. D. Southcnn, City Ceenh Ralph G. Ongie, Assistant City CteAl, An invocation was de&vened by Revete.►id Gibson who then 4'ed those pkeeen,t .in a peedge o6 at'eg.iance to tlie. Stag. A motion to waive the nead.i.ng (.S the minutes was i itnaduce.d and seconded and was passed unanimousiy. nPR 1 01975 1. PERSONAL APPEARANCE - H. ROSEN MAYOR OF MIAViI BEACH FOR PRESENTATION TO: FIRE CHIEF DON HI CKr1AN Mayor H. Rosen: Mr. Mayor, 1. really appreciate and I apologize for the inter- ruption, and members of the Commission, Mr. Kojack included indeed a pleasure. It is really an honor for me to appear here today with my fire chief, Al Bishop. Would you please come up here, Al. And just to let your city know, and you gentlemen and ladies know how much we appreciate the fact of the assistance that was given to us by your city at the recent rash of fires we had over in Miami Beach. We have this plaque which is just a small token of our gratitude to you and I want to let Chief Bishop present this to your fire chief if I may and to your commission. Chief Al Bishop, Miami Beach Fire Department: Chief, on behalf of the people of Miami Beach and of course, the firemen who appreciate it the most for all the times over the years that you've come over and assisted us many limes at two or three O'Clock in the morning and not just with fires. We have a great rescue division and you and I know that it is a great deal in part because you assisted us along the line, trained our men. We have a good plans reader in our Fire Prevention Bureau because you trained that man for us. We have a good combat division because some of our men were trained by you. But we do apprec- iate very deeply and this plaque 1 hope represents just a small token of our deep gratitude and I'd like to read it now if I may. It says: The City of Miami Beach Certificate of Appreciation - This Certificate is bestowed upon the Miami Fire Department for most valuable and distinguished service in behalf of the City of Miami Beach. Your efforts have contributed significantly to the betterment of this city and its people and have served as an exemplar of dedi- cation and devotion to the common good. This certificate proclaims the recog- nition of this achievement by a grateful community and by a grateful Miami Beach Fire Department. Thank you very much, ladies and gentlemen and thank you, Chief Hickman. Chief Hickman; Mayor Rosen and Chief Bishop, in accepting this plague for the City of Miami let me tell you that we certainly appreciate it and we always stand ready to cross the bay to help you. That is basically the function of Fire Department personnel and it is our pleasure to be associated with you, Thank you very much. APR 1.01 5 (Applause) Mayor Terre: We ate proud of both of you. ReV. Gibson: Mr. Mayor we teed to tell the Chief from Miami Beach whet it is done better we are going to do ft. Chief Hickman: You are absolutely right. You have the finest fire department 'izt the world, in case you don't know it, but I am sure you do. Mr. Plummer: Chief Hickman don't leave. Chief Bishop I want you to know that the City of Miami within about 30 days will be the recipient of the first 150 ft. snorkle fire truck in the United States. The Manager is not aware that they are now making a 240 footer which I am going to make him aware of, but this will help us as well as it will help you., Mayor Ferre: I want to know, ---Plummer is always well informed as to what is going on in the fire and police departments, and I want to know what intentions he has with that 240 ft. snorkle fire truck. Unidentified person: That will give him a tremendous look -out for crime in the downtown area. (Laughter) Mr. Plummer: Mayor Ferre, I would like at this time for Chief Hickman to introduce a person who is on his staff that has been very beneficial to me this past week but I know that she is going to make a tremendous help to the fire department. Where did she go Don, I think you should introduce her to the Commission. Chief Hickman: Her name is Josephine, she is our public relations young lady. We were fortunate to get her under title 6, so we appreciate all the help you people have done. Mr. Plummer: I am sure she will be a tremendous asset to the Fire Department. APR 1 01975 COCONUT GROVE - PHASE I 2. CHANGE OF ZONING PUBLIC HEARING AND FIRST READING ORDINANCE Mayor Ferre: We are back on Item 4. Mr. Acton: Mr. Mayor and members of the Commission, this is Phase I of the Coconut Grove Planning Stuay for your consideration and is bounded by Bird Road, 27th Avenue and Dixie Highway. The recommendations on the changes of zoning to meet the objectives as set forth in the Planning Study are illustrated by the two maps we have for you consideration. The map on the wall now illustrates the existing zoning pattern and the second map illustrates for your consideration the proposed changes of zoning to meet the objectives as set forth in the Planning Study. The major changes are upgrading of zoning at the gateway to Coconut Grove which we consider to be 27th Avenue and Dixie Highway. We have recommended a change in zoning in that area from the C-4 Liberal Commercial classification to C-2. We fill that this intersection should present the best possible visual image and that the liberal C-4 classification does allow certain uses which do not contribute to a better visual image for Coconut Grove. The other changes are from ----the intersection of a little commercial shopping at the intersection of Bird Road and 27th Avenue presently is zoned C-4, You notice there is a spotty pattern in that area. Most of the uses in that area are pededstrian oriented retail uses. So we recommended a change of the commercial uses to the new zoning classification of C-2 A which is in conformance to the pattern established for the central business district of Coconut Grove. The other major change is the upgrading of zoning along Bird Avenue from R--2 to R-3A. We believe that this action if taken by the commission will result in the development along Bird Road, that it will be of a low -density nature but will result in replacing the number of structures that are somewhat blighted in certain cases along Bird Avenue. There is one more change I wanted to mention, that is the two large areas along Dixie Highway which I am sure the commission is quite familiar with. Both of these areas have been developed for the most part apartment uses of an intensive nature, again which is not compatible with the image as projected for Coconut Grove, and is recommended for a roll -back in intensity to the R-4 classification. Now the area to the west APR 10197 of McDonald Avenue at the Planning Advisory level, there was considerable discussion on it, that perhaps the commission and the Planning Dept. should consider the introduction of a certain amount of residential commercial uses instead of the R-4 classifications. Mr. Calhoun is in the audience and Iwouid like him to speak to that particular section.We have had a meeting with Mr. Calhoun and other property owners in the area and we had agreed that we would recommend to the Commission that they not consider that triangle in their deliberations today. But I would like Mr. Calhoun to speak to that particular parcel to make the commission aware of why he amoung others would like consideration of commercial and we think there is some validity to this argument. Mayor Ferre: Mike, before I recognize you, who are the other speakers or objectors on this particular item. Who else would like to be heard. You all want to speak. We have 5 pseakers, maybe h. Mr. Mike Calhoun: Mr. Mayor and City Commission, first I would like to thank Mr. Acton, I think it is his efforts and suggestions that presents a possible solution to this problem. Apparently there is a new zoning and I'll let Mr. Acton speak to this, an R-CC that would fit this area and leave the uses that we thought would be best for it rather than causing an owner to build more apartment buildings. We did meet. Capt. 1)onnely was there for the other part, myself and an architect 1 believe is here,----yes,----I think it does present a very good solution as to what he proposes and hopes the City will go forward with it. Mayor Ferre: You mean R-CC? Mr. Calhoun: Yes, in other words, you would preclude this particular area front, and go ahead and pass your phase I but exclude this area and immediately institute this R-CC zoning which we believe will take care of this situation. Mr. Acton suggested this, and as far as 1 know all the owners will be very agreeable to it. I haven't spoken to any of them who are not agreeable to it, but I am sure when they are aware of it they will be. Thank you. Mr. Acton: Mr. Mayor that concludes our presentation of Phase I. Mayor Ferre: Thank you and now we will hear from the members of the public who want to speak. Mr. John Hinson: I am John Hinson, 3009 Bird Avenue, a city employee, retired. I notice on this black out here on Bird Road, I'd like to have somebody say something about why all that is to be changed. It is only poor people right there. Nine out of ten are retired people. Here in front of where I have my finger , you have a blue space R-A 3-A, now why is that vacant? Mr. Acton: You talked about a blue vacant space? Where? Mr. Hinson: Right there between Bird Avenue, the word Bird Avenue, the arrow pointing to it, come down, ----right there, --why is that vacant? Mr. Acton: It is presently zoned R-3A. We are recommending a change in zoning all along Bird Road from R-2 to R-3A. That particular parcel was zoned by court order to R-3A. Mayor Ferre: In other words it will all be the same. Mr. Hinson: That is owned by hippies and it: is the dirtiest place for the last 44 years on Bird Road. 1 have a nice decent yard and a nice little home. It looks like you want to run us out. When I built there no house from there to the highway, Bridgeport to Virginia,nothing but pine trees and palmettos, and now look at it now, Mr. Acton; That 3-A parcel is developed. Mr, Hinson: You tried four times, this makes four times to change the zoning, and I would like to know why? Mayor Ferre; Mr. Acton do you have anything else to add, Mr. Acton; No, sir, APR 101975 Mr. Randolph Lipscomb: 1 am Randolph I.ipscomh,I practice with and Lipscomb at 1201 Brickeil Avenue Suite 616. I represent Crapeland Boulevard Realty, and out complaint is with the change from C-4 to C-2, the little corner at the intersection of U.S. 1 and 27th Avenue. My client also owns real property at the corner of Bird and 27th Avenue which is the Levine Cleaners-E-7. Quick Market property which is being changed from C-2 to C-2A. We have no objection there although we are not particularly happy about: it, the change is not unreasonable. The property we own at the corner of U.S. 1 and 27th however is known as Crooks Bait and Tackle and the change there from C-4 to C-2 we believe is unreasonable. This area encompasses a number of different businesses. There are three bait and tackle stores, two service stations; a motor tune-up and electric parts company, a liquor store, an oriental rug store, a used furniture company and a fast food shop. So you have numerous owners and lessees in a relatively small area, less than one square block. This is precisely ,:he type of business that is carried on north of U S 1 and is not being rezoned. It is an island of interrupted general commercial type businesses, and it is our position that it should not be changed merely because it is an island :-youth of U.S.1. Perhaps if we were developing this area from the word go, and from scratch, it would not be such an island but the fact is the people have invested a good portion of their lives and fortunes in building up these businesses and the proposed change woule completely alter the nature of that area. 1t would in effect have to be razed to the ground and started over. This might be acceptable if the city owned the premises. They could raze it, they could develop it, or they could sell it to someone who could develop it in one fell swoop. Unfortunately it is not owned by the city, ti is owned by a number of different owners who are put in an untenable position by having this restriction of C-4 to C-2 placed upon the property. The gentleman who spoke first said this entrance to Coconut Grove should have the hest possible visuable image and we don't disagree with that ----the alternative is for the city to buy the premises and make a park out of it with fountains, but don't destroy the present use without providing some sort of viable alternatives and there is none. Mrs. Gordon:Mr. Acton would you answer a couple of questions for me? What uses that are presently in that area would no be permitted in the C-2? Mr. Acton: Crook and Crook, --a bait and tackle store, which would be allowed under C-2. Mrs. Gordon: --would he allowed, which ones would not be allowed? Mr. Acton: It is my understanding that they, and the attorney can speak to that to put in a wholesale type of use that would not be allowed under the C-2. The C-2 is oriented basically to retail trade. Most of the uses that are there, a majority of them, would be allowed under C-2 but the liberal type of uses such as wholesale operation would not be allowed. --- Mr. Plummer: Would they be allowed under C-2? Mr. Acton: No, they would not be allowed, --the wholesale operation, that is a C-4, liberal commercial use, it requires warehouses usually in that type of operation. Mrs. Gordon:Is a wholesale use there now? Mr. Acton: The attorney can speak to that. I am not that familiar with his operation, but it is our understanding that, ---I'd rather have him speak to that. Mr. Lipscomb: 1 am attorney for the land owner, not for Crooks Bait and Tackle. Mr. Kline can tell you about that. What it does in effect, it blocks our tenant in to a retail business. In the event the tenant leaves, we are going to be stuck with the non -conforming use. If we try to make any type of alteration it is going to prevent any type of expansion and any development of the property, and severely restrict of the property. Mr, Cluck Kline is the attorney for the wholesale use, It is my understanding it is not presently being used for wholesale purposes, but their plans are to expand for wholesale purposes, The attorney for Crook Bart and Tackle is present and will be speaking, he can tell you exactly what the plans are and what their present position is, Rev, Gibson, Mr. Acton, it is our intent, meaning all of us who live out APR1017 who live in the City to try to up grade some of this area. Is that tight. Mr. Acton: Yes, sir. Rev. Gibson: You would want us to up -grade the area wouldn't yc,u? Well sometimes in trying to up -grade an area, it becomes distasteful and works some hardships on some of us. You would agree to that wouldn't you. Mr. Lipscomb: Yes, but I can't agree that this up -grading is going to be effective. It is a half -way measure. Rev. Gibson: Let me ask you this. You don't have the wholesale place there. I want you to hear what 1 am saying. You don't have the wholesale place there now and if I don't do something about up -grading it now, you are going to build a wholesale place so you will install it, and then I'll never up grade it, isn't that right? Mr. Lipscomb: No, I don't agree sir. Rev. Gibson: You don't Mr. Lipscomb: No, I don't agree sir, I think there is an alternative is a substantial up -grading, not going half way, restricting our use to what it presently is. If you do it now, you are not up -grading. You are going to leave things in the status quo while these businesses deteriorate over a number of years. The only way that property is going to make a nice visual image for Coconut Grove is to tear it all down and tart over, and the City has the right to condemn it and to make this a nice entrance to Coconut Grove, if they don't want this island of small businesses south of U.S.1. This is not the right way to do it. Rev. Gibson: 1 would hope that you would want us to try to arrive at the art of the possible. Would you? Mr. Lipscomb: Yes. Rev. Gibson: We must arrive at the art of the possible. The art of the possible would be, we don't have wholesale places there now, and I'll tell you if I had One in there, today, and you wanted to take it from me, I would be raising hell. I don't want you to be raising hell later on. See what I mean? Mr. Lipscomb: Yes, thank you. Mayor Ferre: The next speaker, your name and address for the record. Mr. Chuck Kline: Thank you Mr. Mayor and members of the Commission, I am Chuck Kline, I am with the law firm of Mershon Sawyer, Johnson, Dunwody and Cole, and we are 1600 First Natl Bank Building, Miami. We represent Bill Crooks and Sons Inc. and Enterprises, Inc. We don't represent Crook and Crook, --Bill Crook does not own that anymore. I want to distinguish between the two. You all have probably seen Crook and Crook, that is down on Bird Road. I am speaking today to Bill Crook and Sons, Inc. Crooks Bait and Tackle and that is located at the intersection of 27th Avenue and Dixie Highway, and you are all familiar with that inetersection. There is a Sunoco station there, there is a Royal Castle, there is a Gulf station, there is our building, the Bait and Tackle building, then in the same block that is being changed, or proposed to be changed, a automobile repair place, that repairs parts, an oriental rug store and another bait and tackle store. All these businesses are owned separately, the land is owned separately, so what happens to that block isn't going to happen in a uniform pattern, no matter what we do here zoning wise. I want to make that point clear. What we have done and I'd live to ask the commission's indulgence on this, we have asked a well known MAI appraiser, an expert, to study the character of the property that we are concerned with, and study the proposed zoning changes and give the commission his unbiased opinion on whether the proposed zoning is going to be in the public interest so if 1 may I'd like to introduce Mr. Ted Slack,Jr Mr Plummer: Mr. Kline, before you do that sir, l think the one thing this commission is trying to find out that hasn't been answered, is there a wholesale fish house going in there ? Mr, Kline: Sir, there won't be a fish house, there is no proposed fish house, APR 101975 Mr. Kline: Right now the property we are talking about is used to sell bait and tackle. Mr. Plummer: I am well aware of that. Mr. Kline: And submarine hardware supplies. We want to sellbait and tackle on a wholesale basis also because the commercial fishermen in the area have no place else to go for that type of supply except downtown Miami on the river. We are not talking about a warehouse, we are talking about conducting the same character of business, except it would he a legitimate wholesale business as opposed to the retail walk-in. l might : point out that one of the problems that Coconut Grove has had, is traffic. We all know there is a traffic problem down there and wholesale businesses everyone knows require less automobiles per building structure, less pedestrian oriented traffic and one of the members cf the Planning and Zoning Department mentioned pedestrian oriented traffic and I just want you all to visualize Dixie highway and 27th Avenue and tellme If you think in your own mind that that location is one that is conducive to pedestrian oriented businesses. If he was referring to Bird Road 1 will take that back but the last time we had a hearing on this before the P.A.B. it was mentioned that C-2 was a good pedestrian oriented type business. That is why it ought to go in there, but that is not a pedestrian oriented area, but are there any other questions before Mr. Slack comes on. Mr. Ted C. Slack: I am Ted C. Slack, 1 am a real estate appraiser, my office is at 1620 W. Flagler Street, Miami. At Mr. Kline's request and on behalf of Mr. Crook I made a study of this area, and this property in particular. I found several things, a couple of which have been commented on, this intersection is one of the busiest in the area. Property in the area, in the C-4 is completely developed at the present time, gasoline service stations and the other uses that have been referred to. They of course would be allowed to continue if they were in conflict, at least under the 'grandfather clause' so there would be no substantial difference, In fact there will be no difference at all in the uses to which the property is being put, regardless whether it is C-4 or C-2. What it would do, of course, would restrict the number of uses, --alternative uses to which the property could be put. Directly to the south of 28th Street as you know is the A & P, or was an A. & P. on east side of 27th Avenue. This property is now vacant, the A & P is moving out of the state. Obviously a building which is vacant creates problems, we are having some in Dade County in various areas due in part to general economic conditions and it would seen that restrictions which made property more difficult to utilize could result in higher vacancies and could contribute to economic problems as well. The question in my mind was would the proposed change benefit the residents of the surrounding area, is there a benefit to the property owners, by a proposed change or a detriment. In the event we propose a change which would work an economic hardship on individuals or cause a decrease in their property values, then we would take that into con- sideration. In this particular case the uses which the properties are being took, are substantially the ones that will continue, and whether this particular business is retail or wholesale, will have no direct effect on property values in the area. No one will be happier or more sad or made richer or poorer. In other words there is no social cost to the property owners and the taxpayers by the present zoning continuing to exist as it has for a number of years. I also felt that because of the high density of traffic and so on, that this was a logical place for a liberal business zoning. In any community there would have to be some of that ----it would be nice in a way for our community would look better if we would limit it to hundred thousand dollars houses, and everybody could live in one, but that is not always practical and as much as there are some requirements for liberal business zoning in this particular area this is virtually the only property which is so zoned, it seemed reasonable to me that the C-4 zoning should be allowed to continue and it would be no harm to taxpayers or residents of the area by this zoning continuing. If you have any questions I'll be happy to answer them., Mayor Ferre: Thank you Mr. Slack. Who is the next speaker? Mr, Kline: Mr. Mayor 1 wanted to wrap up what Mr. Slack has said, if you don't mind just a second, From the facts that have been presented to the Board there are a couple of things that become apparent, No, 1 the proposed re -zoning of the subject property is inconsistent with every existing use, No, 2 the inter- section that we are concerned with, is an intersection with a 6 lane highway and APR i 01 7 a'four lane highway; not conducive to pedestrtoa oriented uses, not conducive to a low plane of the commercial nses. No. I if you haven't: considered this, please do so, across Dixie Highway on the north side is the railroad track and nothing but a string of commercial buildings. That: character of that property is no different than the character of the property on the south side of Dixie Highway and 27th Avenue. The character is identical. It is cardinal principle of the zoning law that the character of the two parcels are same. That is it discrimination to treat one with one kind of zoning and one with a restrictive kind of zoning. The next point is that we are looking at the rapid transit corridor. Mayor Ferre: Ts it C-4 across Dixie highway? Mr. Kline: Yes, but you are not trying to change that. So you would have the problem of anyone at the south side of Dixie Highway at that intersection having C-2 looking across the street at C-4. The next point, Mr. Mayor, it seems to me that we all must expect that Dixie Highway is going to become an elevated highway within the next 10 years. It has to happen. That is the only corridor in the S.W. section, it just has to happen, and when it does it seems very inconsistent to have a C-2 use sitting right next to a proposed rapid transit corridor. Not only that if the rapid transit does come in, they are going to have to have a county wide belt of zoning on each side of it. It has already been provided in theory. On each side of the corridor it• would change the zoning of that property again. It seems to me that the owners are going to he hop -scotched around from zoning to zoning in the next few years, and that doesn't seem right. Finally when this city approved the Coconut. Grave master plan in it, and part of that plan many of the marine associated uses that were located in this area are ear -marked for relocation. And the plan had ,a little caveat, that these marine associated uses such as bait and tackle stores, wholesale commercial, bait and tackle and marine hardware, were uses that were necessary,incidental to a waterfront area, but there was no need to put these uses in land that was much more valuable to the public for other purposes. And I think that makes good sense, but the caveat also went on to recite that the uses should located nearby, yet if we change this land at Dixie highway and 27th Avenue from C-4 to C-2 that is the end, there is no more land in Coconut Grove where those uses can go to. Thank you. Mayor Ferre: Mr. Acton how strongly do you feel about this? Mr. Acton: Mr. Mayor and members of the commission I want to point out the fact that we are talking about one operation in one piece of land that presently wouldn't conform to the C-2 requirements. We are trying to up -grade the visual appearance of the entry or gateway to Coconut Crovc,and we are strongly convinced that the only vehicle that we can use to achieve this objective is the zoning pattern. There is only one in there now that would not, Mayor Ferre: You think that by changing the zoning you are going to change the appearance? Mr. Acton: Yes, in the future, but I started to say there is only one use in there now that would not be allowed under C-2. The present operation, you know bait and tackles are allowed as long as they are carried out in enclosed, - Mayor Ferre: We in government have a tendency all the time to think that we can legislate the things we want. I appeared before the Metro commission on the Master Plan a week or two ago, and the comment I made there and 1 want to share with you is, if you go hack, George, and you have been here that Long, over the past 25 years, and think of all the things that all of our governments have spent in time trying to do, and look and see what happened, --what has happened to this community has got nothing to do with what the government wanted to happen. That may be good and bad, I don't know, but the point is we seem to think that we can legislate what is going to happen in the private sector, the fact is if we could do that we would not have a recession or depression, which is what we are in. And if we knew how to legislate simple things, like the economy, we would get out of this recession in two months . We can't do that much less, by legislation really decide what the private sector is going to do on a piece of property, so I don't go along with this premise, that you can control what is going to happen to a piece of property by changing the zoning. I think our reasons are a lot stronger than that, because I think that is a pretty weak reason. APR 101975 Mt. Acton: My statement was that the C-4 allows uses that would be detrimental to trying to up -grade the visual appearance. It allows open storages it allows body and paint shops, all kinds of uses that are not there now, but if we leave C-4, we leave the door open for the future development of those properties in types of uses that would not be what we are looking for to entrance way to Cocotut Grove, My other statement was there is only one use in there now that would not he allowed in C-2 and I agree that you can't legislate development through the use of zoning, but we can encourage the type of development in the future that we are looking for in particular situations and I. might point Mr. Mayor to the Brickell area which you are involved, is a long tedious process but that area after we enacted zoning controls to give us the type of objectives we are looking for, has developed in that pattern. Sc we are only using the zoning controls to give us the type of uses in the future that we believe are in the hest interests of the entire community. Mayor Ferre: That is a good argument. That one I understand. What else have you got to say en it? Mr. Acton: That pretty well covers it. Mayor Ferre: You are saving you feel pretty stong,--- Mr. Acton: Yes, ---- Mayor Ferre: Next speaker, --- Mr. Thomas Dillon: My name is Thomas Dillon, 1 own the service station on the corner of 27th Avenue and Dixie Highway. 1 have been there 21 years and I pay over $2500. taxes to the City. Ne one notified me of this change. They wrote and told me it would not affect me, but then I understood and someone showed me a letter that it would affect me, they would zone me down. Now, then, there is something these gentlemen haven't considered at all. We hava been paying for 15 ft. that lays in front of the station, and also in front of Crook and Crook, that the City would not let us build on, hut we pay taxes on that property for the last 20 years. The City says we are going to take that someday and widen the street. Now, in the afternoon if you go there and sit, you will see where the traffic is so heavy on 27th Avenue and No. 1 Highway and the people just have to sit on the 27th Avenue. It is crowded in the afternoon when people are leaving down here and going home. But the main thing is they are talking about changing it to 2 if this 15 ft. is taken, and that is 30 ft. to widen, and right in front of where you are talking about. That street is going to be so much wider that there wouldn't be anybody that would want to open up a wholesale place there at all. We would be satisfied with the business, and we are satisfied now, and I don't know who in the world is going around asking for changes because I am one of the owners that have occupied the property, stayed there for over 20 years, and the place next to me and all the other people, we are all doing business but you can go down the street, and get permits to do any kind of business you wish. I think someone should ask why they didn't send me a notice because I am the only owner that occupies the property, in the whole corner there. The others rent, so I'd like to see why that was accomplished, and other people have asked the same question, why was Dillon not notified when he owns the property and he is there, why didn't he get a letter? I hope you gentlemen can get this thing straightened out. Mayor Ferre: Can we answer that? Mr. Acton, Mr. Simpson: Mr. Mayor, the mailing list from our office on this particular item involved somewhat over 1000 property owners, and we used the labels from the computer of Dade County , from the tax rolls. 1 can't specifically answer why this gentleman did not receive one, but- we went from the property owners list prepared by the Planning Department for this given area and it was put into the Dade County tax computers. If this gentleman will contact me I'll see that he is put on the mailing list. You did not receive a copy of the maps? Mr, Dillon: No, I did not. Mr. Simpson: l can't answer the question any further than that, Mr,Dill on: I am against rezoning after 20 years on the corner and making 8 A P R 101975 it so that if I decided I didn't want a service station, I'd have to come down and say 'boys, what can I open up now?' and you'd be the one to say well you can't have a service station, you can't have this and you can't have that. There was a saloon on the corner, there was a permit for a saloon and we bought the saloon out and expanded the service there. No one ever said a word. Mr. Stephen Rash: Mr. Mayor and councilmen, 4 am Stephen .Rash and I am with the law firm of Edwards Rash and Hoffman, 7500 Red Road in S. Miami, and I represent Crook and Crook inc. Snug Pit Marine Products, Commercial Sales and Warehousing, and Coastal Marine electronics. All of these businesses are located in the C-4 area which is on Bird Avenue near 27th Avenue. Now at this specific intersection which has been the subject matter of the previous gentleman's discussion, 1 was particularly interested in Rev. Gibsons statement that he would 'raise holy hell' if someone tried to take away his business. We do have an interest in a wholesale business there. There is a wholesale marine hardware business there, but it is not, a 'fish house'--- we do not sell fish or bait or mullet or any type of live, or once live product for catching fish. we do sell marine hardware and boat supplies. Now according to my understanding, at least what was represented earlier, that the purpose of this is to upgrade the zoning at the gateway to Coconut Grove and I would ask that --- it is the gateway to what?.■ ---the gateway to Coconut Grove, what is Coconut Grove, what is the character of it. Well, there are trees and there is a boating area, --we are right next to Dinner Key Marina, and T would submit that I represent boating interest or retail and wholesale boating goods and as such these should be located close to the boating people who need them. 1 think you are talking about a counter -productive activity here if in deed this kind of proposal goes through. Because you are talking about removing from the boating area the supplies that are needed for the boats and I think you are talking about removing what is needed to continue the Grove as it is now in existence. 1 think what you propose is a taking because if you do not give to these people the due process of law before you take the property, if you deny them the use which they now enjoy it is a taking. Then they are not getting the compensation they are due. To deny them the use of their property would indeed cr•aate business deterioration and I think as Mr. Lipscomb pointed out earlier, I think it would to the city's interest at least to buy the property, tear it down or raze the property then reconstruct what they need, if that indeed what the city seeks to do, that is change the appearance of things. Again I state there is one wholesale marine hardware business there. The rest of the businesses I represent fix marine radar or marine radios, or else they sell marine equipment and I think this is absolutely necessary to a marine oriented community which is what the gateway is to lead to. I think your zoning is inconsistent with the current use. I think the uses of this area is marine and as such I do not believe the zoning proposal should be affirmed or approved by this Commission. Rev. Gibson: You were glad to repeat what I said. I hope you aren't telling me that your business is typical of the people who are adjacent to it, who must use the business. That isn't what you are telling me. Mr. Rash: I am not sure I understand what you are asking. Rev. Gibson: You must have perceived, based to something I said. I want to make sure because I was listening attentatively to you; tell the commission what the condition is all around there and Mr. Atkins ought to tell you. Mr. Rash: 1 am not trying to tell the commission what is obvious. Rev. Gibson; You have to talk about the obvious. That is the only way you are going to change our minds. Tell us the whole story. Mr. Rash: First of all I didn't think a mind was already made that needed to be changed, but nevertheless, T think if we look out the back door, the City Hall here, you are going to see a few boats, and this is a boating area, You are talking about at least the beginning statements, the address that was made to the commission and to the audience was, something about up -grading zoning at the gateway of Coconut Grove. I submit this is a gateway, ----a gateway to where? And it is coming right down 27th Avenue to Dinner Key or to the basic downtown Grove area, I think we have a large boating interest, Mayor Ferre; You are repeating yourself, You already made that statement, If you have something new to say, fine, APR 101975 Mayor Ferre: Let me tell you this. You had two basic arguments. You are a sawyer, I am not. You know as a lawyer, I am sure you researched all of this, that in many courts tl-e right of a government, the policing right of a government and zoning is that, has been upheld. Government has the right to protect the over-allgood of the totality of the citizens. That is what these zoning roll -backs are all about. You as a lawyer know that. I think your argument about confiscation without due process .is completely falacious and without compensation. The other argument is your strong argument, and I think that is the one I would like to ask Mr. Acton to answer, and that is Mr. Acton, this is the third person this morning who has mentioned the fact ----and I think it is a very important point, and T tell you, are going to have to answer it to satisfy me, and that is, that Coconut Grove is a water oriented community, and the life of Coconut Grove and Dinner Key marina, all the boats down there, allthe clubs, and water-roiented activities are dependent upon bait shops, warehouses, marine hardware where you can buy a rope or light or shrimp to go out and fish, or a cane pole. If you are going to rezone this area where Crook and Crook are and where these places are you buy bait, how is that going to affect that business. Mr. Acton: It will not affect that business as long as it is totally enclosed in its retail sales, and that is what we are talking about. In other words they can sell bait inside they can tackle, marine hardware, so I don't know what the basis of this argument is. Wholesale activities that would result in a warehouse and strictly wholesale, that is a liberal commercial use. Mayor Ferre: Crook and Crook can operate? Mr. Acton: Certainly, it is a retail u.e, and as long as it is totally enclosed within a building, -- Mayor Ferre: If they want to go across the street for example into another C-2 area and build another shop, they can still do that. Mr. Acton: Yes, ----I totally agree, with the concept that Coconut Grove is a water -oriented community and it should have these types of uses to support it. Mayor Ferre: I don't understand your argument. Mr. Acton: I don't understand eithere what the point is he is trying to make, because we do allow this type of use in C-2 and I totally agree with what he said in terms of, --- Mayor Ferre: Lets go hack to him. I don't see what your argument is and if under C-2 you can operate the type of operation that Crook and Crook has, and all the different facilities, then I don't see what your argument is. Mr. Rash: Very well, let's address ourselves to exactly that. At my opening statement I said I represented Crook and Crook Inc. and three other entities here today, one of which is called Snug Fit Marine Products, Inc.. Snig Fit Marine Products INc. is a wholesaler. It wholesales not only to, ---it wholesales to just about every retail outfit you find in this area and it is litterly upstairs from Crook and Crook, so I want the Commission to appreciate the fact that what you are doing does affect actually the supplier of all of the boating supplies in the entire Grove area. Mayor Ferre: Mr. Acton you may as well stay on your feet. Mr. Rash: If they do not buy from Snug Fit Marine products they are going to have to go all the way to Ft. Lauderdale or surely up to the north part of Miami to get their products. So we are a wholesaler. Mayor Ferre: Let's see the answer on that. The question is specifically what will happen to wholesalers who want to sell to retail outlets like Crook .and Crook? Mr, Acton: As 1 said before, wholesaling is not allowed in ('-2. In other words it conjures up visions of warehouses, and open storage and this type of activity, so it is not permitted under C-2. But I do agree, the only recommendation I could make to the Commission is that they refer back to the Planning Adv. Board the consideration of amending that, so certain types of wholesale activities that do not involve open storage and warehouses and etc. totally enclosed, would 4 t1 APR 1. 0 1975 be pertnitted in C-2 maintaining certain there ate too many liberal uses allowed we want here, but t think it is a valid marine activities should he considered. controls. What we are saying is that in C-4. It is not the kind of uses point, that certain types of whole.;ale Mayor Ferre: I don't know how anybody else feels around here but I am not going to vote•for any rezoning which is going to automatically cut out what I think is a very clean important and healthy industry in our community. We are always fighting and we don't want dirty industry here, but marine oriented industry and wholesalers, to me, the logical place for them to be is Coconut Grove. It has developed that way by nature. The free flow ideas and money have created this type of business. 1 don't: think we should legislate them out of business. Mr. Acton: You are not going to do that Mr. Mayor. They would still exist there as a non -conforming, use. What I am suggesting is we amend theC-2 Mayor Ferre: I wouldn't mind seeing the whole street become a very nice marine -oriented shops. Mr. Acton: What I am saying is 1 concur with that, they will not he legislated out of existence. We can't do that legally. They will still exist in there and still run their buiness the same way. Mrs. Gordon: What did you say amends the C-2? Mr. Acton:My recommendation is to refer back the matter amending the C-2 district, perhaps as a conditional use, with certain controls so we can get that kind of clean marine type of wholesaling activities. I concur with what you are saying Mr. Mayor. I also saying the C-4 alloes so many types of liberal uses that might come in there in the future would not give us the kind of we are =working for. Mayor Ferre; I understand, so we understand each other, accomplish what they want and accomplish what you want. Mrs. Gordon: Mr. Acton you have created so many new kinds of zoning classifications you are going to have to come up with something that will achieve the goals you want to up grade and still give us the kind of community we want which will be in tune to the waterfront. So, put your thinking cap on. Rev. Gibson: Would it harm you if we move to defer this so you and this gentleman can get together. Mayor Ferre: Who remains to speak. Three speakers? I am going to cut it down to 2 minutes. Try to keep it short and to the point. Mr. Wayne Allen: Association. I reside the recommendation of we can My name is Wayne Allen, I am a director of the Tigertail at 2222 S.W. 27th Terrace A. I am here this morning supporting the Planning Advisory Board and therefore the Coconut Grove Planning Study which this item implements, a portion of that. There are really two point I would like to make. I think Rev. Gibson was getting to it, but it really didn't come out all the way, most of the areas that back up to these rezonings are especially the portion right at 27th Avenue are single family residential streets. There is no buffer zone at all. You just walk across the street and there is a single family home. And I live about three blocks from that intersection and I can tell you, I have been watching it for about 5 years and at one time, those homes were beginning to be down -graded. Within the last. year quite a few of them are coming back up. 1 think if you don't go ahead and put in this zoning as recommended you are going to leave the door wide open for abuses in the future that will lead to the eventual down -grading of that area, So I strongly urge you go ahead and take this into account, Something which all these fine brother attorneys of mine fail to bring out, which I think is the real reason why they are here today, is that I think there is a general belief that there is an inherent greater value in C-4 zoning rather than the C-2 which is proposed. 1 think this is the real crux of the matter. The marine uses I am sure if they come down before this commission and said they have reasonable marine use, that this commission would grant a variance APR 10 1975 and we would not have any objections to that because we recognize the marine benefit to this community. So rather than delaying it or going back and trying to get an overall exception I would urge that this commission go ahead and implement the proposal. Thank you. Mr. Ted Schumy: Mr. Mayor and members of the Commission I am Ted Schumy, I live at 3610 Bayview Rd. Coconut Grove. I am an architect,I am president of the Coconut Grove Civic Club. The Civic Club's position wholeheartedly endorses the Planning Board recommendation to rezone this to C-2. I think the situation about the wholesaling has been distorted somewhat in that, as I understand it the existing wholesale operation of Crook and Crook is an upstairs office and there is no prohibition against that whatsoever. Wba the C-2 does prohibit are loading docks and large warehouses and i think we all agree we don't want that to happen in these areas. So I urge you now to go ahead and pass this C-2 district and let's get on with it. Thank you very much. Mayor Ferre: Who has not spoken, ---- Ms. 0zie Williams: My name is Ozie Williams and I am 3021 New York Street. I am thinking about the propoerty on New York Street and Bird Avenue which the Marine Compan would like to take over. It is right in front of the house. I was here a couple of weeks ago about that property. Mayor Ferre: Mr. Acton, do you recall her comments last month. She was going to meet with you. Where do we stand on this? Remember the property she owns. Mr. Jack Luft: She was here responding to Phase II zoning changes, which is not subject to this particular hearing. I did try to contact you several times but you were at work. Ms. Williams: Right, -- Mayor Ferre: Would you meet with him right now and set up a time that both of you , , so we don 't get into these troubles that he tried to reach you and you were at work , then he couldn't get you. Mr. Luft: As far as New York Street goes, on New York Street the present property that is C-1 is recommended for R-3A and that will be residential only, not commercial. Ms. Williams:They speak of the property as of Dixie Highway but actually it is on Bird, corner of Bird and New York. Mr. Luft: It has been recommended for residential use, not commercial. Ms. Williams: Thank you. Mrs. Woods: I am Mrs. Woods, 2995 Jackson. I am very much in agreement with the changes along Bird Avenue to the R-3A. It has been spotty and we have known the changes are needed for a more cohesive area, but I think if you look on your map, if you notice Jackson abuts where the changes are going to be, the line has been drawn across the street, ---the block, I beg your pardon, so those of us that own property along Jackson will be abutting where the change is and Mary of course has many multiple buildings, Virginia has along one end of it an apartment building, it has a fire. station, the Quick Chek, a very spotty street. We are stuck, backing up to these proposed changes and my thought is that is the line is dogged in to include that part of Jackson, Jackson it self would act as a natural buffer and we wouldn't be left sitting on property that will be backed up to something that is used for a higher use that we get no advantage out of and all the disadvantages of the noise and the increased parking facilities which will come along with it. I am on the corner of Virginia and Jackson as it is, and that is a main business artery right now through, not only for motor traffic but also for people who are walking to the market. Many of our people from the area are older people and they travel on foot,so if that change, instead of going in a straight pencil line, jogged in to include Jackson there, 1 think it would make a morn natural line of demarcation. Thank you, APR 101975 Mr. Ralph Aaron: My name is Ralph Aaron, I own property in Coconut Grove. Mrs. Gordon, Commissioners, I just want to make the following comments. Seven years ago, when the Planning Dept. made a recommencation for an R-3A zoning category through the device of what was then known as a special planning area study, I was opposed to it. My argument at that time was that it was out of context with the over-all compehensive planning for the Grove area. Since we now have a planning study for Coconut Grove, I would like to rescind that objection because the propoasl is in context with the abutting properties and the overall plan. I would like to throw in my 2c,by saying I would hope you would pass the R-3A portion of this plan. We also have a situation historically where one particular local developer had come in with two spot zones which were technical were not called spot zones and that is the R-3 property that now exists at Mary and Bird and the other which was R-3A a spot zone by any other name, at Virginia and Bird. Well that set the pattern and now of course we have the comprehensive plan for the Grove and we have the spot zones as a precedent for justifying this R-3A category so 'would propose it. I would like to say one other thing however, and that is since when you do change zoning there can he a deleterious effect on abutting properties in the next lower zoning category and that is what this lady is talking about. I would suggest that the Planning Dept. of the City of Miami take it upon itself to recommend certain sides of local residential streets for no parking so these people aren't deleteriously affected by the proposal that accrues a benefit both for the community and for the property owners of the next street who do got an up grading of their zoning category. Every time there is a benefit there seems to be a loss. These kinds of people would incur the loss, therefore a study to recommend to the transportation department, the traffic and transportation department of Metro Dade County that they put up signs saying 'no parking' on the streets, that might be affected by excessive traffic. Mayor Ferre: We have one last speaker. You have already spoken so I am going to hold you down to a minute or two maximum, so fi,ish up what you have to say and then we are going to get on with it. Mr. Chuck Kline: My name is Chuck Kline and I have been here before. I am speaking for Bill Crook & Sons Inc. the property at Dixie and 27th Avenue. I want to address myself to remarks I have heard made by other people concerning the marine business and the uses allowed in to C-2. No. 1 the wholesale brokerage is first permitted in C-4, therefore by law it is now permitted in any lower grade. Mayor Ferre: That can be changed. Mr. Kline: No. 2, bait and tackle is not permitted until C-4. I tried to get an occuaptional permit yesterday. Mr. Tuiley and Mr. both told me it is C-2. Mayor Ferre:That can also be changed. Mr. Kline: No. 3, you say the purpose of the zoning is to beautify the area. Well, beautify the area fine. But if you have a non -conforming use, remember this, that the owner of the non -conforming use, though he may want to put in a new building and make it a better looking place, can't do it because when he does that his grandfather shoes are going to be taken out from under him. Therefore what you do with non -conforming uses, everyone of them in this block up there, is you lock them into their old decrepit buildings for the next 15 or 20 years until they finally give up and let go, whereas if you leave the zoning the way it is at least when they want to make a change and business warrants it, they can go ahead and get the permits and change the buildings and the final point is, this did not come to you as far as Dixie Highway property is concerned with the blessing of the commission 7 to 0. I realize that is how they voted finally but I was at the PAB hearing and members of the Planning Adv. Board first proposed a motion to withdraw the Dixie Highway property from the proposal, and it was voted on and 3 to 4 it failed, but it shows you that 3 out of 7 members of that Planning Adv. Board believes the Dixie Highway Property shouldn't be rezoned, For a number of reasons, one of which is the rapid transit problem. Thank you. Mayor Ferre: What is the will of the commission: Mr. Plummer; Mr. Mayor let me make two observations. Maybe there is .10 APR I.01975 an alternative or No. 1 pull that map clown a little bit George, Douglas 1 am going to go back and harp on something that l did before. George it doesn't Get well with men at all, of the HUD project at Douglas and Dixie. I personally am totally opposed to that situation going in there into an area which I think is going to be just another problem that we are trying to eliminate in Coconut Grove. I am all in favor of thie housing. I think it is great and really don't know what control this commission could have over HUD in putting in another type of housing there that I feel is going to be undesirable. We have been trying to eliminate that situation on Douglas Road. Here it looks to me we are going to further the situation. 1 don't believe anybody should be living on Dixie Highway I don't think it is conducive to good living. I think the noise factor, I believe the new rapid transit is going to be coming down within 100 ft.---I think this commission if they agree with me, should really speak to HUD about doing something that if they are hell-bent on putting that housing in there, that they at least make it a livable situation for the people rand lets up -grade the area and not down -grade the area. That is No. 1 No. 2. I am concerned of the intersection, if you will pull it back Jack over to 27th Avenue and Dixie Highway, whether we like it or don't like it, there are certain back up types of commodities that people have to have, gasoline is one and there are two stations that operate there, and they operate very successfully ----the thing that scares me, if you reduce this down to C-2 that yes, they can operate there , they are grandfathered. Mr. Acton:C-2 allows gasoline stations as a conditional use, so it is not a matter of we are going to make them non -conforming. Mr. Plummer: You are telling me under. a C-2 if this man wanted to come back in and put another filling station there, he could. Mr. Acton: As a condi.tional. use, Mr. Plummer: Well I withdraw my observation there. Only thing I wanted to say was that I don't think it was right, there has to be certain designated areas, let's say, I don't want to call a filling an undesirable use, but before this commission it has always been a had thing, but they are necessary. You have to have them and it just boils down that if you move them out of this area you know and I know what practicality is going to tell us the next thing we are going to be having them ask for variances deeper down in the residential. If what you are telling me that these type of businesses can exist, fine. I withdraw that. Mr. Acton: Iagree with your comments. 1 want to answer your first comment and to he designed which I think the commission should review, tries to buffer the design as proposed by the architect for HUD does buffer the elderly housing from Dixie Highway, through the vehicle of a solid mass of earth, somewhere around 12' ft. Mr. Plummer: Are you telling me the housing is going to be 12 ft. or lower. Mr. Acton: No, it is medium rise housing. What T am saying is they are building an earth berm along Dixie Highway around 12 ft. high, at about a 45° angle that would effectively reduce any sound that is emitted from the vehicular traffic along Dixie Highway. Mr. Plummer: What I. disagree with is, I just don't think there should be any kind of residential backing up to Dixie Highway. Look at these people closer down to where 1 live. They have barricades between there, and I saw one the other day where a fence had come down, run Into by an automobile and a foot behind that the guy had the guy had these concrete rollers, he had another fence there, and T can imagine those people live in constant fear of trucks and everything roming through their back door. Mr, Acton: 0Ne of the advantages of multiple family, if the type of development is done right, it gets back to what the Mayor has said many times is that it creates, you know, a mass, is surrounded by a considerable amount of open space that you wouldn't get if you developed it say, low density single family or duplex. Again T think the commissioners should review those plans, but the buildings are set hack quite a distance from Dixie Highway plus they have buffered it with this earth berm. Mr. Plummer: My next concern George is the same concern as it exists at APR 1 01975. Bird and Dixie. Right now, we have the old Hot Shop there, we have the marine business, filling station, then going down we have professional. What is that going to do to that particular area there, the change of zoning? Mr. Acton: You are talking about that triangle that is bordered by McDonald and Bird Road and Dixie Highway. Mr, Plummer: No I am speaking to the intersection of Bird and Dixie. Mr. Acton: That is under Phase I, we have been working with, --in terms of zoning there are no changes, is that what you mean. I am not quite with you. Mr. Plummer: Is there any proposed cha►tge of zoning at all in that particular area now? Mr. Acton: You realize you are not acting on that today? Mr. Plununer: I understand that, but it is still compatible to the overall situation. Mr. Acton: We are not changing the zoning. The matter under consideration by the owners of that: property was that they envisioned if we followed through with our recommended zoning pattern that they couldn't build, or redevelop that property in the future in the manner that they wanted to, so we had a meeting of the minds with the owner of the Hot Shop property, and it will coming back to you I assume at the next meeting. Mr. Plummer: Right, following that on down let's call it between Bird and Dixie, the triangle piece coming up to McDonald. Now, I see there you have proposed on the corner,--- what have you proposed to that triangle, --- Mr. Acton: That is the triangle that we recommend the commission not act on today. You can exclude that from your consideration because we do agree with some of the owner:: in there that there is room for a commercial - residential type of zoning. Don't act o❑ that triangle. Mr. Plummer: 1 understand what you are proposing and asking us to pass this plan excluding that triangle and refer hack to the planning board for consideration wholesale uses that are totally enclosed. Mayor Ferre:--and other marine ;activities, --- Mr. Acton: 1 agree with that. Mrs. Gordon: Why is the R-C going to R-4 further to the east. Mr. Acton: That is all presently developed as multiple family, there is no commercial use in that area. It is all developed as R-4 uses now. Mayor Ferre: Any further questions? Ask your question right from there (to person in audience) and I'll repeat it The question is why don't we rezone the property across Dixie Highway which is presently C-4? Mr. Acton: I believe he is talking about the Sunoco station and that is included in our recommendations. Mayor Ferro: No, ac•rooss Dixie Highway on the north part of Dixie Highway. Rev. Gibson: The other service station is behind Royal Castle. Mr. Acton: It is a natural breaking point. The uses across there are liberal uses, they abut the, --- Mayor Ferre: The answer is, it is a natural breaking point, --you have to break somewhere. What is the will of the commission? There is a motion by Mr. Plummer to move this :as amended, and the amendment as l understand it that we presently withhold the triangle described along Dixie and Bird and furthermore that the aministration is charged with the responsibility of seeing that the area is to be marked C-2, new areas, will have the right to hold commercial APR 101975 matine oriented activities, the full gamut of them from wholesaling to selling of retail "materials, bait and all types of boating related activities, Mrs, Gordon: I have a question of Mr. Acton for clarification to the C-2 additional uses that would be offered as an amendmend to C-2 or are you considering a new classification to encompass it? Mr. Acton: No, it would be an amendment to C-2. Mayor Ferre: I think what Mrs. Cordon is pointing out is then are we going to have that many other C-2 areas throughout the City? Mr, Acton: I would consider it appropr .ate if we introduce that as a conditional use, to a certain extent:, There are certain types of marine oriented retail uses that should be permitted as a matter of right. When you get in the wholesaling activity accessory to a retail use then I think you need some kind of control. Mayor Ferre: George are you going to impose your policy over the commission's policy. Mr. Acton: Absolutely not, no sir. Mayor Ferre: Do you understand what the thrust of what this commission is saying? Mr. Acton: Yes, absolutely. Mayor Ferre: What you stated is exactly the opposite, as I heard it. Let's go over this again, it is the intention as I read this commission's will and somebody stop me, that C-2 in Coconut Grove permit warehousing of marine activities, wholesaling, enclosed? Is that clear? Mr. Acton: I understand Mr. Mayor. Mayor Ferre: As you were saying it might be permissible, Mr. Acton: 1 suggested as a conditional use, certain types of wholesaling activities. Mayor Ferre: Now, you are starting to hedge, - Mr. Acton:No, I agree in toto with what the commission has instructed us to do. Mayor Ferre: All right, any further discussion on this item? Call the roll, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION ON AREA BOUNDED GENERALLY BY FRONTAGE ON SOUTH DIXIE HIGHWAY, S.W. 27TH AVENUE AND BIRD AVENUE (PRASE I) FROM R-C (RESIDENCE OFFICE), R-4 (MEDIUM DENSITY MULTIPLE), C-1 (LOCAL COMMERCIAL), C-4 (GENERAL COMMERCIAL), C-4 (GENERAL COMMERCIAL), R-2 (TWO FAMILY), AND R-3 (LOW DENSITY MULTIPLE) TO R-3A (LOW DENSITY APARTMENT), R-4 (MEDIUM DENSITY MULTIPLE), C-2 (COMMUNITY COMMERCIAL) AND THE PROPOSED C-2A (SPECIAL COMMUNITY COMMERCIAL), AS SHOWN ON EXHIBITS A AND B ATTACHED HERETO AND MADE A PART HEREOF; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE N0, 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION; SUBJECT TO FURTHER TERMS AND CONDITIONS AS SET FORTH HEREIN 11; APR 0 197E Was introduced by Commissioner Plummer and seconded by CoMtnissionet 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 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. Mr. Lloyd: So the commission will understand, that is a map that has to be changed, so that will be changed by the second reading. Mayor Ferre: And you heard the amendments, and we are voting on it with the amendments. Mayor Ferre: Mr. Acton, the triangle that Commissioner Calhoun was talking about I assume will be finalized by second reading. Mr. Acton: Yes, Mayor Ferre: We will pass the whole thing and its done? Mr. Acton: Yes. Mayor Ferre: Thank you for your patience. APR 101975 3, PERSONAL APPEARANCE - WARREN FOX, FLORIDA POWER AND LIGHT COMPANY RUARD ING : S UB$TAT UN . W . 16TR AND D I X IE HIGfWAY Mr. Plummer: Mr. Warren Fox of Florida Power & Light contacted me,if you will recall, there is a need for clarification. Remember the sub -station at 16th Ave. and Dixie Highway? Mayor Ferre: Yes, --- Mr. Plummer: From the intent I don't :hink it was possible for him to draw permits and the clarification of intent of this commission, he would like to address this commission simply to clear up the matter and I think even the Manager would like to make a comment on it. I don't think it will take but a minute. Mayor Ferre: I am going to permit Mr. Fox to make his statement and I am also going to ask later on also for Mr. Christian of the Boy Scouts, so I respectfully request of the commission that we try to follow the schedule agenda in the future because otherwise we make people wait. We always run later than we should. I'll make these two exceptions, but in the future try to hold back from doing that. Mr, Warren Fox: Mr. Mayor thank you, honorable Mayor, and members of the City Commission, my name is Warren Fox I am commercial manager for the Florida Power & Light in the MIami district. We are asking for a clarification from the commission. On October 10, 1974 the City Commission by resolution 74-1108 approved our request to expand the Natoma substation located on the north side of S.W. 1st Avenue between S.W. 16th Avenue and 16th Court. One of the conditions contained'in the resolution stated and I quote "reconstruct the sidewalk, and replant shrubs and trees, if necessary on the south side of the property in accordance with the location and standards specified by the public works department" in order to satisfy the concern of the neighborhood to trim and thin existing trees between the sidewalk and the street as well as provide more than adequate lighting, ---what we propose to move the sidewalk approximately one and a half to two feet towards the existing trees, 1? APR 101975 Mayor Ferre: Mr. Acton you had better be listening to this. You recall, there were softie neighbors that were concerned. You want to go one and one half feet* Mr. Fox: --to relocate the existing sdewalk one and a half feet, towards the pavement where it would abut against the existing trees. The set back area from the new sidewalk tb the enclosure would contain low profile shrubbery, approkimately 18 inches in height. This is to afford and over come the problem before of having shrubbery, — Mayor Ferre: I am not following what you are telling me. Mr. Plummer: Let me try, ---there are trees out here, this commission said move out the sidewalk a foot and a half and put 18 inch trees over here. What he is saying to you now is, and I think the Manager will comment on it this because he went over and personally looked at it, that it is a shame to move the sidewalk out a foot and half. The main concern of the owners was the security. If you notice as you drive by there in the evening the place is now flooded with light , so what he wants to do is to leave the remaining sidewalk and put the trees out here. Mr. Manager will you speak to it, because you personally went by and looked at it. Mayor Ferre: Does everybody understand what we are talking about now. Mr. Andrews: Mr. Mayor and members of the commission I went out and looked at this personally and I think it would be a mistake to enforce them to move the sidewalk. They have trimmed the trees and have provided additional lighting. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 75-307 A MOTION TO AMEND RESOLUTION NO. 74-1108 FOR THE PURPOSE OF WAIVING THE REQUIREMENT OF MOVING THE SIDEWALK ON THE SOUTH SIDE OF THE SUBJECT PROPERTY MENTIONED IN SAID RESOLUTION 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 Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. APR 1 U 19/5 4, AUTHORIZE USE OF LUMMUS ISLAND AS SITE FOR SPECIAL BI-CENTENNIAL BOY SCOUT CAMP MAynr Ferre; At this time I would like to recognize Mr. William Christian Director of S. Florida Scouting. Mrs. Gordon is going to address herself to the subject. Mrs. Gordon: By way of introduction to Mr. Christian, I have a letter here from Mr. Ron Phillipo Scout Executive Director and it says this is to formalize the request to confirm the desirability of Lummus Island as a Bite for special bi-centennial Scout camp, After inspection that was made by you and other members of the Board, and numerous discussions with with lay and professional we would like to ask you to seek the commission's approval for our use of this property as part of our bi-centennial celebration. It is hopeful that as part of the Commission's actions will make it possible for us to seek the assistance of allied City deparments for their counsel as we move into this project, South Florida scouting has for years enjoyed a wonderful partnership with the city , Should the Commission decide to approve this request, this will be yet mmmuunm I IIIIIIIIIIIII�I�I��IIIIIIIIIIIIIIIU 1lllllllllllg APR 101975 example of your deep and sincere concern for the sound growth and developtent of the areas young people, We look forward to hearing frottt you on this proposal. Mayor Ferre: I s there a resolution on that? Mrs. Gordon: I have some pictures here for the commissioners and ask Mr. Christian if he would like to add anything to Mr. Phillippo's letter. Mr. Christian: I was just here to asnwer any questions if the commission had any, of me or of the project. Mrs. Gordon: I understand Mr. Renick is in bed with the flu or he would have been here. Mr. Plummer: Let ask a question. I flew over that thing in the Blimp on Sunday and it is►a lot larger than I could see from a boater's standpoint. The only concern I have, if you use this facility how will you use access. I understand it has to be by boat, can you use the seaport, where would come from as the jump off point to the island? Mr. Christian: We have been working with Admiral Wagner with the Coast Guard and he has granted permission to leave from the Coast Guard Base to get to the island. Mr. Plummer: On MacArthur Causeway? Mr. Christian: Yes. Mr. Plummer: It will be your responsibility that you will i.nstall.all. the necessary sanitary facilities at your expense? Mr. Christian: Yes. Mr. Plummer: And any other expense will be incurred by you? Mr. Christian: Yes. Mr. Plummer: The most important thing when you vacate, as clean as you moved in. Mr. Christian:--cleaner,---- Mrs. Gordon:Mr. Andrews would you like to add anything from the administration point of view. Mr. Andrews: No, we have reviewd this and Mr. Crouch has reviewed this with some care and we find no reason, should the commission wish, that this not occur. Mrs Gordon: I am a member of the Executive Council of the Boy Scouts, Mr. Lloyd City Attorney: --it has nothing to do with you. Mayor Ferre: Call the roll, The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO, 75-308 A MOTION AUTHORIZING THE USE OF LUMMUS ISLAND AS A SITE FOR A SPECIAL BICENTENNIAL BOY SCOUT CAMP AND FLEDGING THE COOPERATION OF THE CITY IN THIS VENTURE 1 APR 1 01975 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 Mayor Maurice A. Ferre NOES: None. 5, VARIANCE REQUEST BOUNDARIES OF WOODLAWN CEMETARY 3275 S.W. 16 ST, agenda. APR 101975 1 i Mayor Ferre: What item would you like deferred? Unidentified person: Item #7 th2 appeal of Woodlawn Park Cemetery. Mayor Ferre:Is there anybody here on Item #7 on the 10 o'clock Unidentified person: Yes, there are some people here. Mayor Ferre: I am afraid we won't be able to do it then. Unidentified person: You honor Woodlawn Park would like to ask for deferrment on this. We notified all of the person who had appeared in objection that we would ask for the deferrment. The reason for the deferrment is that we have in process plans for reduction of the request which we think would be meaningful to commission and to the people who have objected. Mayor Ferre: I am willing to go along with that as long as it is legal and as long as the neighbors in the area are willing to, Mr. Lloyd: The legality is proper . It may be deferred by the will of.the commission. Mayor Ferre: The neighbors are here and they are entitled to state their opinion too. Mr. Plummer: May I suggest since items 5, 6 A & B are government uses, I don't think there is anyone here to spaek on it. We will go ahead and go into 7 and come back to 5. Mayor Ferre: Anybody here on Items 5,6 A or B. If not we will take up Item 7 next and go ahead and state your name address for the record and see what happens. Mr. Tom Trentham: My name is Tom Trentham attorney for Woodlawn Park Cemetery, 1600 First Natl Bank Bldg. Miami. Woodlawn park has previously made an application for zoning variance to allow it to build up at the setback line, at the property line, rather than the setback, the application plans and proposals were approved by staff at the hearing before the Planning Board. A number of neighbors appeared and objected and the board rejected the application. Thereafter we filed an appeal and during the period when the appeal has been pending, Woodlawn has undertaken to reconsider, revamp and revise substantially the plans that it had presented heretofore. We have not yet been able to complete those plans. The do call for two major changes in the application. One is a substantial reduction in height and a setback from the property line, rather than being on the property line. However at this time we have not yet been able to complete the drawings, the planning the engineering to make it a truly and proper, and meaningful presentation to this body nor to be able to acqu4int our neighbors with what we have. It would be a fruitless thing to continue this appeal at this time. We would like deferrment of 2 months. Mr, Plummer: Let me try to cut through all of this. One of the neighbors spoke to me yesterday. Their main objection as 1 understand it, 1.4 the 0 setback.. 20 APR 101975 Mr. Plummet: Is it your intent to do anything about the 0 setback? Mr. Trantham: Yes, sit, approximately 3 feet setback at a reduction of about 4 ft. in height. I don't want to be held to the height reduction but Mayor Ferre: What do Mr. Trantham: Excuse Mayor Ferre: What is you aean 4 ft. height. me, 8 feet,----3 ft. back from the property line, the requirement under our, --- Mr. Plummer:--20 ft.----let me say this, I'll be in favor of the deferrment but I want to tell you right now that I think you had better start looking for a little bit more than 3 feet. If you will look for more than 3 ft. I'll be tore than happy to go along with the deferrment. Mr. Plummer: We have always been, as a matter of courtesy, a person who wishes to revise their situation, they have the opportunity .to do so. Mayor Ferre: I want to agree with my colleague I'll tell you now, I will not vote for anything you ask for variance to put a 8 ft. structure either on 3 feet from the property line, when you are suppose express my opinion now. Mr 60 days have to ----Mr. by some Wilkins Vice -Mayor Plummer, have that is going to the property line or to have 20 ft. I'll Plummer: Mr. Mayor I'll make a troti.on for deferrment for at least at which time they will reapply fcr a hearing but I also Mr. Mayor bring up, and Mr. Tatum you had better get into it during the 60 days Trantham, I am sorry, there have been some points of legality raised of the objectors to me, and MR. City Attorney are you listening, Mr. has raised the points of legality and I would instruct you Mr. City Attorney to get together with this man, and who else are objectors, to clarify the legal position so that in 60 days we don't have to say well let's defer it again. So Mr. Mayor at this time I would move for deferrment,. the 60 days is up to him, and that at the same time they are revising their plans that they also straighten out any legal matters that have been raised by the objectors. Rev. Gibson: Mr. Mayor let me ask a question. I understand your plight, what about the people who have come. Mayor Ferre:I am going to listen to them in a moment. I think they have the right to be heard. Mr. Plummer: I withdraw my motion. Mayor Ferre: I think your motion is valid, -- Mr. Plummer: ----premature, Mayor Ferre: Premature, all right, --how many want to speak at this time. Five, okay let's get going, we are way behind. Mr. Jim Kay: My name is Jim Kay, I live at 3261 SW 16 Terrace. We mainly are objecting not on grounds of change in their design, we are objecting for other reasons and I have here. We are objecting because we feel, ----they don't even have 20 ft. to work within their property and we feel this structure wi1. not enhance the appearance of SW 16th Street and we also feel that in the past they have been given other concessions and we feel they have reached their limit on this. I'd like to give you a little history of SW 16 Street. In 1945 the Woodlawn Cemetery platted the cemetery property. And by law they are required to ----- Mr. Plummer: This is the very thing I was trying to avoid this morning because we are not going to make a decision I think that you and Mr. Wilkins should get together with the law department, raise these point that have been raised to me, and if there is validity to them, it should be brought out, but that is what I was trying to avoid, Mayor Ferre: In the interest of time, we are not there yet and I think you have the sense of this commission, ----- 21 APR 1.01975 Mr Kay: All right, thank you very much. Mr. M. L. Wilkins: My name is M.L. Wilkin, 3271 SW 16th Terrace. I am directly behind the warehouse involved. I call it a warehouse because even cutting 8 feet off still leaves the structure 8 feet tall. The original structure was 18 ft. 4 'i* cut off 8 ft, you still have 10 ft. something, almost as long as a football field, 280 ft. long. 1 have a petition from the close neighbors, all the neighbors on each side of 16th Terrace, plus the petition got out of hand, and seems every body in Coral Gate is against it, so I have a few names on the end and if I had taken it completely around I think I whould have had a whole catalog here because everyone is violently against, there would be no setback. The question is and the reason I object to a deferrment is there is no way period that they can set it back and construct the buildig because it would be on top of present graves. So 1 can't see any reason for ceferrment. If they build it on the line, I refuse to call it property line because I don't believe it is legal. If it is set back 20 ft. from the line, they can't build it like I said. If they build it on the line it is not going to be admissible to us under any consideration. I have some pictures I want to leave with you too to show that the projected sidewalks on 16th Street, how they already go out into the main stream of traffic on 16th Street, not the exact road but the main highway. If this building is built, theoretically, if this sidewalk is extended it would go right through the middle of it. I think it is illegal, not only the 10 ft. but I believe it would get into the 20 ft. they should be set back. In other words, without taking too much time, we are against any form of variance from and R-1, everyone in the neighborhood wants it to remain R-1, that is the reason we bought there. Mayor Ferre: Thank you, next speaker. Let the record reflect that the petition has been turned into the Clerk. Mr. Plummer: Mr. Wilkins you will contact the City Attorney. Mrs. Aaron Segal: My name is Mrs. Aaron Segal I reside at 3290 S.W. 16 Terrace ----I can only say from an intangible point of view that the neighbors very much against this. There is enough noise 'Jouncing back from SW 16 Street into our neighborhood and if you put up this structure right on the lot line you are going to get all that noice bounced back into the neighborhood. That isn't much more to say right now unless you intend to go into this more fully. If it is going to be deferred we might as well save our objections to the next time. Rev Gibson: Sir, is there anywhere else you could build what you want to build . You have no other property. Mr. Trantham: No, sir, this is not the thrust of the request. I would be misleading you if I said there is no other place that anything can be built within the confines of the cemetery. This is an attempt to utilize space for a proper purpose, for the maximum benefit of the community and of Woodlawn, and we would like an opportunity to present to you a plan, and also present to the neighbors a plan which I think will answer a number of their objections. Mayor Ferre: You are entitled to that. I have no objections to that provided you understand that this commission as I read the sense, is not going to vote for any type of a structure either on the property line or anywhere near it. If what the gentleman said is true, that if you go back 20 ft. you are on the graves, I think you have a problem. Rev. Gibson: Mr. Mayor let me, so he may answer yours and mine. I went to look at the cemetery. The cemetery is Plummer's business, but taking the people there is mine. I look at the land itself and when you come back I want you to answer this for me. I look at the land itself and I am disturbed about where you are going to put the building, ---okay, these are the graves here, and this is the street here. That is a public thoroughfare, right-of-way, how much land do you have from this string of graves in your property to this sidewalk that makes building possible and if you are going to take that body there, how are you going to get it in there. I think you had better keep that in mind. 22 APR 10197 Mr. Trantham: All right, sir, thank you. We shall keep that in mind and be prepared to explain and demonstrate. Thereupon a motion to defer the matter for 60 days was introduced Mr, Plummer, seconded by Rev. Gibson and was pa.:sed and adopted by a unanimous "vote of the Commission. Mr. Lloyd: Mr. Mayor may I for convenience request that the objectors .who wish to question the legality of certain items be told to call my office. Mr. Anderson at 377-5511, Mayor Ferre: I'll tell what I would like better than that, why don't you take a piece of paper and write your names and telephone numbers down so that when you call Mr. Anderson he will be expecting to hear from you. So if you will give.it to the Clerk, right here, he will make it available mama am ear. APR 101975 N.W. 2 & 3 I\VES . AND N , W , 3 & 5 STREETS 6. CHANGE OF ZONING INITIATED BY PLANNING DEPT, Mayor Ferre: Now let's take up Item #5. There is one objection. Mr. Plummer: Any objectors present? None? I'll move it, ---- AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION ON AREA BOUNDED BY N.W. 2ND AND 3RD AVENUES, AND N.W. 3RD AND 5TH STREETS, BLOCKS 75NAND 88N, MIAMI (B-41), FROM C-4 (GENERAL COMMERCIAL AND R-4 (MEDIUM DENSITY MULTIPLE) TO GU (GOVERNMENT USE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION 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 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. CHANGE OF ZONING APR 101975 S.uF N,W, 20 ST BETWEEN N,W, 12 & 14 AVENUES f1IAMI MUNICIPAL TRACT 41E UNPLATTED Mr. Plummer: Mr. Manager my only concern here is that this property as (understand, that there is going to be a new fire station. The remaining portion or some parts of this are going to be taken over by Metro Dade County Which is the incinerator. What arrangements are we making for negotiations of compensation, rather an exchange of property, monetary consideration and is that going to be effective by the change of zoning from what It is presently to 4 GU classification APR 101975 Mt. Andrewst It should not affect the zoning. Mayor Ferret He didn't ask you that. He said it will affect the price. Mr. Andrews: Well Mr. Mayor and members of the commission this area of selling or granting the property to Dade County for this purpose, if we sell the property to Dade County it is going to come back to us in our costs. We are going to have to pay for the materials that are put into this plant and it is going to be solely devoted to the City of Miami, so we ate weighing this whether it is wise to try to receive compensation and turn around through the general fund then to provide the payment of this through the fees that have to be assessed. It may not be a wise thing to do. Mr. Plummer: I'll go along with you, I'll move it, Mayor Ferre:I'll tell you, I have the same misgivings and I sure hope as you proceed on this,that means the City of Miami, and that means the taxpayers of this city continually are giving away city property to Metropolitan Dade County which are not necessarily the same people. )nly one -quarter of the Dade County is the City of Miami yet we are always giving them property and giving them this and what we are giving away is the Mr. Andrews: Mr. Mayor and members of the Commission, I want to assure you that I am very conscious of this, extremely conscious and sensitive to this area. Mayor Ferre: I think it is a question of justice and what is right, Mr. Andrews: ----what can end up in this proposal and you would receive compensation for it, but we would turn right around and funds truly could be used somewhere else to acquire property or do something else with it, but in essence what you would be doing is purchasing that property through the general fund operation, a portion of which is tax and portions of it which are other forms of revenue, because they will assess us a fee and the savings that will be created in the whole sanitation operation, a portion of that is off -set by the fees that we are going to have to pay per ton to dump there. So we are shifting. Mayor Ferre: That is fine provided there is some good faith involved. You know what happens is, the fees go in and 6 months later ,or a year later, some bureaucrat over at Metro decides the fees have to go up now, so the people of Miami end up paying more for it plus you have given the land away. So I am beginning to get a little bit cynical about it. Rev. Gibson: And we end up paying twice too. I think there has to be some adjustments in these take-overs, I really getting up -tight. Mayor Ferre: I'd rather get it now and let tomorrow take are of itself. You know what happens, we are go in good faith, we give them the property, that property worth a couple of million dollars, and the next thing you know is, we it the wrong way. Mr. Plummer: Paul I don't want to in any way impede the building of this new fire station which is the B portion. What is existing there now in zoning, can we build the fire station. Mr. Andrews:We would have to come in and get a take this action on the whole tract, as we have been I recommend we treat the whole tract the way we were and then adopt No. B and we won't have that problem. going to have to come back in a special change, if you don't doing in the past and planning to treat it here But if you don't we are Mr. Plummer: Is the final approval of the negotiation between Miami and Metro on this property still subject to final approval by this commission? Mr. Andrews; Yes,--- Mr, Plummer: Then I have no qualms about it. I' 11 move 6A, Mayor Ferre; There is a motion and second, call the roll, 24 APR 101975 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICA"'ION ON PROPERTY SOUTH OF N.W. 20th STREET, BETWEEN N.W. 12TH AND 14TH AVENUES, BEING NW 1/4 OF NE 1/4 OF NW 1/4 LESS N 35' OF SECTION 35, TOWNSHIP 53S, RANGE 41E UNPLATTED, AND TRACT "A" MIAMI MUNICIPAL TRACT (51-84) FROM R-C (RESIDENCE OFFICE) TO GU (GOVERNMENT USE), AND BY MAKING THE NECESSARY CHANGES .IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION 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 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. 8. APPROVE CONSTRUCTION OF FLRE STATION NO. 5-1200 N.V. 20TH STREET: The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-309 A RESOLUTION APPROVING THE CONSTRUCTION OF FIRE STATION NO. 5 AS PER PLANS ON FILE ON APPROXIMATELY 1200 N.W 20TH STREET, BEING PORTION OF MIAMI MUNICIPAL TRACT (51-84) AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XXI-2, SECTION 3(1), ZONED R-C (RESIDENCE OFFICE) PROPOSED TO BE REZONED GU (GOVERNMENT USE), SUBJECT TO APPROVAL BY THE PLANNING DEPARTMENT OF THE LANDSCAPING AND FENCING. (Here follows bo'y 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 Mayor Maurice A. Ferre. NOES: None 9, REQUEST CITY MANAGER TO UBMLT PQSITLQN PAPER$: /1PR 101975 FIRE BOAT (FIRE APPARATUS) 240' SNORKEL Mr. Plummer: Mr. Mayor if I can at this time, in this same vein, I would like to make a motion, and I have discussed this with the Manager•and the Fire Chief, budget time is around the corner, I would like to see the City Manager draw up a position paper as soon as possible so that we can give a fair evaluation at budget time on two items I think this town could•well afford to have within its firefighting forces. No l I would like to propose that the Manager develop a position paper on a fire boat, No. 2 I would like the Manager to draw up a position paper in reference to the new 240 ft, snorkie which would be capable of high-rise building problems from the fire aspect and I would like to make a motion at this time so it can be developed and this coMmiasion can treat it appropriately so at budget time. I make that in the form of a motion. 25 APR 101975 Mayor Ferre: Is there a second to the motion? Mr. Reboso: I second the motion. Thereupon the above motion was introduced by Mr. Plummer, seconded by Mr. Reboso and was passed and adopted by a unanimous vote of the Commission and designated Motion No. 75-310. Mayor Ferre: I would like to take this opportunity to make a comment, an observation I'd like to share with you. You know, I am very proud to serve on this commission, and one of the reasons why is. that we have such a well balanced commission, who have a diversity of interests. Rose Gordon for example has really done a tremendous amount of work and has led the fight in so many of the human and social services of the City. We have 8 Day Care centers, we have Senior Centers now that are beginning to take care of some of the needs of our senior citizens, and we are really doing a lot of work for the rehabilitation for example, with prisoners, in Coconut Grove, through Elizabeth Virrick. We have a boxing program, which is helping a•_1ot of the youth of our community, and ;iany other such social -services type programs. 0n the other hand, is very concerned and very involved with our Fire Department which happens to be the best in the country, he is very involved with the police department, they both are involved in many activities, for example like the pension, a variety of human interests. Commissioner Reboso and Father Gibson are also involved in a variety of programs. We have a commission that is vitally aware of the needs of different segments of the community, and that doesn't mean that Father Gibson for example doesn't take an interest in the fire department. He does. We all take an interest in our variety of governmental of services. I think it particularly encouraging to me to see people as well informed as we have on this commission involving them- selves in different aspects of city government. I just wanted to share that thought with you. Mr. Plummer: Thank you for the compliments. 26 APR 101 7 GRANT APPROVAL OF SIrE 2800 S. W, 22 AVENUE 10, AND DEVELOPMENT PLAN FOR PUBLIC PARK APR 101975 SN1Pts SUB (3- .07) tiayor r'erret tte're on the 31 O'Clock agenda, we're catching up a little bit now. We'll take up Item 8 (a) which is approximately 2800 S.W. 22nd Avenue. There were 12 objections. The planning Department recor ended approval, the Planning Advisory Board by a vote of 5 to 2 vote recommended approval of site and of the development plan. Mr. Andrews: Mr. Mayor and members of the commission, if I may interrupt you before you get really involved in this and other items associated with this you should be aware that at the conclusion of the last meeting when this matter was heard you asked that the Director of Parks and Recreation meet with the people in the community to resolve the various problems with reference to the development of the park; whether we'd have a high or a low fence, shrubbery, lighting and other matters. This was accomplished and we have a new plan that generally meets the approval of the community. So with that understanding, and Mr. Howard is here; I said generally. Mr. Plunsner: Mr. Andrews, one of the neighbors, 'I don't know whether it was for or against called me and 1 think made a. very valid point. Is it anywhere in this proposed plan of restroom facilities? Mr. Andrews: I don't think so. Mr. Plummer: There is not. That's a shame. Ok, go ahead. Mr. Bob Taylor, 2053 Seeoffec Street: Mr. Mayor and commission, I represent all of these people here on this side basically and I'll speak for them. We've had several meetings that: we put about10 hours of our time into this approx- imately in meetings and gone out and canvassed the neighborhood and done some deep thinking on this thing. We wou1rl like to just appeal to you and go over our plan on this thing and see what you think about it. First of all this map right here shows the general vicinity of the proposed playground. Right here if you'd like to pass it ar-eund is the people that have been canvassed at this time. The area shown in r. edit. this point = : re 1 eople who we have contacted that are (1) in favor of a park, however, :.efinitely opposed to a playground facil- ity as it was initially proposed. Nnw as you can see, the area in red right there that's a good 1epicsentation of the people who will be directly affected by this proposed playgrounu. So basically to summarize it in real short form here's what we're going to propose. (1) An essential point is that we're all in favor of a park there. However, definitely proposed to a playground.based on several reasons. #rl the people that were directly adjoining this park have some drawbacks in the affect that the noise is created by different equipment put in there. #2, And 1 think you all being business people could understand this; that you've got a residential :maize lot that has been proposed to put $65,000 plus into playground equipment that's not counting upkeep, not count- ing toilet facilities or proper supervision at the last meeting. What we'd like to propose is an alternative; fine, we'd like a park in the neighborhood, a low cost park with shrubbery, several benches and have the city take the 50, 60, 70 thousand dollars and use it where it is needed. Mayor Ferre: Is there anybody that disagrees with what has been said? Alright. Mr. Wayne Allen: Mr. Mayor, members of the commission, I think there is several things kind of being lost here in the shuffle. First of all this children's park proposal was part of the Coconut Grove Planning Study which you are voting on here today in various zoning matters. Mayor Ferre: That may be, but that doesn't necessarily make it right. Mr. Allen: I'm not saying that makes it right, Mr. Mayor. It also was part of the Parks for People Program which I am the chairman for the committee for this Coconut Grove area and we had hearings, several meetings of the committee itself where the public came and spoke and this park was one of the recommendations made by this committee. Now if you don't vote in favor of this park I think you're saying to your whole Parks for People Program very frankly was a fraud upon the people of this community who came in good faith to that hearing and made a repre- sentaton to this commission which was requested,.. Mr. Plummer: I can't agree with that because obviously these people that are here don't agree with it. Mr: Allen; Well obviously they weren't interested enough to participate, Mt. Plummer: I'm not disagreeing with that... Mr. Andrews: ...placed upon the commission and the city in its entirety. This project was not included in the Parks for People Fond Program. It was added in after the task force became involved... Mt. Plummer: Let's go back to the nitty gritty. You know when that fire station was torn down I remember well that Mel Reese came before this commis- sion with a proposal to sell that property and let it be developed into two family homes. Ok? So let's get the record straight. There was never from the inception when the fire station was torn down for it to be a park. There was even bids and bids were received that that was to be split up into two. lots and it was to be sold. so -let's get the story straight. Mr. Andrews: And with the reservation that there be a deed restriction as far as that large banyan tree to protect that because people were par:icularly inter- ested... Mayor Terre: That's why, and I hope you don't misunderstand but that's why, and it isn't that 1 resent the categorization that this is a subtrefuge of the intent because that's in my opinio not the case. (1) It was not part of the bond issue. (2) These people who are the immediate neighbors also have rights as citizens and taxpayers of this community and just because they did not become involved in the process before does not disenfranchise them from the right to express their opinion today. Now I'm not saying what is going to come out of all of this but I for one think that they certainly have rights that we have to recognize too. Mr. Andrews: And the other thing that I want to indicate is that the Commission in my judgement was completely responsive to the people in the neighborhood by changing their position and stopping the action of the sale of this property to examine the potentiality of putting a park In. Now you're faced with a whole new set of facts and new criteria and if th.s continues to pose a problem where the community is so di -sided as to what is needed here I'm going to recommend to the commission that we. go back to the original proposal of selling this property and developing Mrs. Gordon: Mr. Andrews, I don't want to interrupt you but I'm saying to you that your recommendation is totally out of order I think at this time. You just heard the persons here who said that they are not opposed to a park and I think that your recommendation shouldn't even be brought into the records at this time along those lines. Now, I'm going to speak for my personal feelings. I can think ladies and gentlemen, of no finer no better use for this particular piece of land which is unique in itself because it is.a. mini -park in a residential area where people are living than to accomodate these young people who would be of necessity on the streets. I don't mean the ball playing young people. I'm talking about the younger children who need a slide and who need a little merry- go-round, who need the passive kind of children's playground equipment that does not make noise and 1 personally am strongly in favor of the use as it is delin- eated here through the department and through the task force that studied this for so long. And one thing I'd be violently opposed to is the Manager's comment that he just started to make. Mayor Ferre: Anybody else want to make a statement on the commission? If not I'm going to... I want to express my opinion and here's what it is. I think (1) that we should not sell this property and turn it into a residential lots. I would be totally opposed tc that. Mr. Plummer: I agree. Mayor Ferre: (2) I think that a park should be developed there. (3) I person- ally don't think that it ought to be a children's lot for this reason and I want to explain to you why. I want to tell you what the logic of it is. There are people that live surrounding that park and they also have basic rights to live in their homes in peace. Now obviously children are children. You can't and there are no hedges that are going to be able to ... Now I would like to recommend this compromise, Mr. Andrews. I do think that that area does need some sort of specifically children's recreational area. I would like to say this - Kennedy Park is but a few hundred feet away and I certainly think that what we ought to do is take the very same design that we have or a similar design and actually fence off or put hedges, if you will, or make it a separate area so it will be strictly a children's play area that will be demarked so that people can go into that, I don't know how many acres of land we have there but, How many acres do we have there? APR 101975 Mts. Gordon: It's a vast area and very underdeveloped. Mayor Ferte: Kennedy Park, what is it, 50 acres? Twenty-four acres, Ok, t'd like to take a partof that park no larger than this or maybe somewhat in that ditsettsion and make it specifically into a young tots with swings and all the little different things that these kids like to jump and play on and ear mark it specifically for that use and leave this be just a green area where everybody can Use it, the children, the older people, the residents but nct specifically earmarked for a children's playground. Mr. Plummer; Mr. Mayor, may I make some observations? I brought before this ctstttnission's attention the possible acquisition of the old church property at 22nd Avenue and Dixie Highway. I'm more convinced today than I was then tha.: the city has got to acquire that property. Mr. Mayor, my only concern of what you have proposed; I agree completely that this should remain a park; I agree completely thatit should be a passive park with benches where people can come sit and enjoy the greenery and to that extent. But where I have opposition, Mr. Mayor is the fact that if you bring the children from this ne..ghborhood to Kennedy P&rk the dangers involved of c;rossiny S. Bayshore Drive eve great and I could not go along with such. I don't think that the pattern that we have seen develop in Kennedy Park whether we agreo or disagree that it's a good pattern or a bad is really the pattern that we would want small children to be involved in. I am well aware, Mr. t•ayor, that the price of property today is high and I'm sure that the church property would be high. I'm sure that the buildings that exist there are in need of repair but Mr. Mayor, I think if you would not keep your thoughts to just this as it is outlined in front of you but try to conceive the fact of more people or how many people could he served with not only a children's park but a community center from 22nd Avenue and Dixie Highway rather than from the Kennedy Park which alreaey exists. And Mr. Mayor, for one I would like to see the children's park in 22nd Avenue and nixie Highway; it has a community center and as far as I'm concerned the sooner that this city acquires that piece of property the better I'm going to like it and. I think the community will benefit by it. Mayor Ferre: I repeat, an.2 I would gladly .rand corrected if we had an alternate site and I recognize the problem of crossing S. Bayshore Drive but I want to point out to you that the traffic along that street is not quite as bad as South Bayshore Drive but it certainly is no off -the -beaten -path residential street because I use that street all the time to get up to U.S. 1 and to get onto the expressway and a lot of other people do the same thing. So to say that this is a safe little quiet street where children won't have any problems of being run over is just absurd. Mr. Plummer: Oh, I didn't mean to infer that. Mayor Ferre: Ycu haven't but others have. Mr. Plummer: Mr. Mayor, there's not only one dangerous street there's two. Tigertail in the afternoon has become a speedway and not only is Bayshore Drive and Tigertail is bad and 22nd Avenue; but they're not as bad as S. Bayshore Drive which I just consider to be an atrocious situation. Mayor Ferre: No question about that but the point is this. I think we have two conflicting problems that we're trying to solve both of them with one shot and we can't do it and the problem is I think everybody has agreed that that property should become a park and now the question is to finding what kind of a park it should be. Now my personal opinion is that it should not be a highly intense park because it is surrounded by houses. Now, then comes the second question, well what then are you going to service the children in that area who are entitled to parks and what I'm saying is then we should find another site within the neighborhood within the vicinity where we can put children's play things where they can play. It shouldn't be here in my opinion. If we could get that park that Plummer is talking about that land and we can find the money to do it, fine. If we can't then I think we should do it in Kennedy Park and the reason is this; that Kennedy Park should serve a lot more than just two blocks or three blocks of people who own homes. It should serve the whole Bayshore Drive area and it should serve all of the citizens of Bayshore Drive - black, white, old, young, children - everything. That park isn't just for the middle aged to go and run off a couple of pounds like Plummer and 1 should do once in a while, I mean this should be for children and older people who want to go and sit on the benches too. Mrs. Gordon; Mr. Allen, you were the chairman of the task force and I therefore would like to ask you tr, comment on the Mayor's recommendation of a child's park in Kennedy Park. 29 APR10197 Mr. Allen: I have several observations on this point. One I think Mr. PlMMef has correctly pointed out the dangers in crossing both Tigertail and South Sayshore br..ve. (2) This city has had under consideration as I understand it for tiffany years the desirability of developing neighborhood children& parks, This really was going to be probably the first example and sotething which would lead the city in the future. (3) The people who are here objecting last tiflei sO a bf their major objections were that if a park was there it would attract undesirables and cause an increase in crime in the neighborhood. We pointed out and 1 think anybody can logically see this that a pErk which is specifically designed only for small children with small children's facilities would not attract older children and undesirables. So I think if you turn it into a passive park the very things that they're concerned with will develop. And this is something which I just wander. if they've really thought this through. Now the Kennedy Perk very frankly I've personally had a bad exper-, ience with my wife down there with our children, and I'm speaking from exper- ience on this. Kennedy Park attracts adults, older children and if you put a children's facility in there you're a(:'ing Lo have older children and adults there and I think you're going to have a much more serious problem than you would if you pur it in this location. But I think all of these tnings should be taken into consideration. I certainly think these people do hive a right to come down here and petition the commission and I'm very sorry that they didn't come down to the Parks for People hearings; I'm very sorry that they didn't come down when it was before the conanission as a part of the Coconut Grove Planning Study. Now that certainly doesn't give them a right to, or it doesn't prevent them from coming down here before the commission today and I didn't mean to indicate that if you thought I did, Mayor. Their map is very interest- ing because prior to the first time when this came before the City Commission as part of the Coconut Grove Planning Study and as part of the Parks for People Program I personally was another member of the Committee from Tigertail Assoc- iation who had worked on thie, plan and had developed the plan, went and visited not all, but we tried to cover as many of the houses directly abutting it as we could. Now I think it is very prominent that the gentleman who lives directly across the street from it is not obietinq Lo it. They've colored in red now all of the houses that we contacted in that one evening, about 5 people and I've got their names in my file here and we discussed the plan and there were questions about sucurit:y and so forth but r.-,ne of them cai,te out and said they were opposed to the park and they certainty•didn't want a park built there. So that is why this committee has gone ahead and that's why it was made a part of the Recommendation of the Parks for People to the city. You know there has been a lot of activity now on it and I know it is a difficult decision for the commission but I'd just like in closing to remind the commission that at the last hearing the commission did vote to rezone the property to Parks Recreat- ional and the discussion was,the direction was from the commission to the opponents and the proponents to go to the Parks Director, have a meeting and discuss those three or four items there seemed to be some contest about. Now the one person noone has really heard from here and I think it is really relevant is the Parks Director; this professional representing the city, I'd kind of like to hear what his recommendaion is and what his feeling is and whether it is a good idea or a bad idea. Mr. Plummer: I would also like you to speak which you didn't do to what your ideas are on 22nd Avenue and Dixie, the old church proeprty. Mr. Allen: I think it is an excellent idea if the city purchases it. I also realize that looking at the overall picture there is quite a bit of park prop- erty in Coconut Grove and quite frankly I just wonder whether the voters would stand for the city purchasing it. Mayor Ferre: Let me say that I agree with just about everything you said ex- cept for one thing. The one thing is that the access, you know you're saying this but you know you're talking about access by the immediate neighbors. How about if I lived four or five blocks down, and I've got a young child. Then my access with my child would be encumbered by the same traffic hazards as if you were going to Kennedy Park. See, I'm not saying that this is as bad as Kennedy Park... Nobody would argue that. Mr. Allen: There's a very small percentage of houses between Tigertail and South Bayshore... Mayor Ferre: There's nothing worse than crossing South Hayshore Drive to get to Kennedy Park. I recognize that. I also recognize that Kennedy Park attracts all kinds of people, young, old and what have you and that this would be strictly for the children; I recognize all of that and I recognize the problems. What I'm talking about is actually fencing off and cutting off, Mr, Andrews, a special area 30 APR 101975 that would be strictly for children. Now I know for example that in Central Park in New York I've seen tl.at. They have an area where they have swings And what have you and they've got a fence around it and these little kids go in there and they play and that's their part of the park and I see nothing wrong with that. Now getting back to the point. You know there ate two theories on democracy; one is that elected people like ourselves have to rep- resent the will of the people that they're elected by. There is a conflicting theory which is very prevalent in the democ:ati.c world which I guess was put down by Burke and that is that a man has to..vote his conscience, that he is elected to vote what he thinks is right and what he thinks is wrong. Now I don't think there is a contradiction between those two because I think each case has to be done individually. Now in some cases we vote what we think is the will of the people. In other cases we vote what we think is right because if we didn't do that then I think we really wouldn't be living up to our charge. Now in this case I happen to feel that their neighborhood, and I assume these maps are accurate that they're honest that the red areas represent the immediate neighbors don't: want a children's park, the ones that are marked out in red. Now that's their will. Now I wouldn't, and I want to tell this very openly and frankly; there are tines when I would vote against what everybody in the neighborhood want if 'I think that the greater need of the community is being served, what is good for society as a whole. Sometimes you know a little neighborhood doesn't want something but it is good for the city and we have to vote for it. Like for example sewage improvements, we get all of the time people here, "I don't want to be assessed another couple hundred dollars for sewer assessment. But it is for the good of the city and we have to do it. We don't want to do it but we have to overrule what the neighborhood wants. In this case I don't see that conflict because I really think that even if these people weren't protesting it I think that that particular piece of prop- erty should be since it's in the middle of a residential area a passive form of a park. I think that active parks should be in areas that don't encroach upon residential areas. Now then you say how can you have childrens' parks? We're going to have to be very careful as to where we put them. Mrs. Gordon: Mr. Mayor, would you ask Mr. Howard to comment? Mayor Ferre: Al Howard, if you would, please. Mr. Al Howard: Going back on the park, it wasn't in the bond program but after the meetings of the tast forces for Parks for People bond programs they made this recommendation which we have evaluated. We've made an urban study of the number of children there and we found that there were 980 children below the age of 9 in that particular area within a half mile radius. We took into consider- ation that the closest parks really for children were Shennandoah which they have to go across the main highway or Blanche and Kirk Monroe which is quite a distance away and to the east was only Kennedy and that was not really planned for a child- ren's park. Now we met with the people last week, quite understanding their feel- ings and their positions and we did agree to screen it so they would not see the park with hedging inside the fencing. The playground equipment will be quite imaginative. There will be no moving parts. The swings will be simulated very similar to what you see at our day care centers with tires they climb through with small climbing devices that are attractive and the children really it capt- ures there imagination. There will not be chains swinging or making noise dur- ing the night. We have agreed that we will put supervision in the park, we will have a recreation person there, we will have a park tender there... Mayor Ferre: And you will guarantee that the children won't make any noise then, is that right, Mr. Howard? Mr. Howard: Well, I'm not a matron but I think when they're having fun like you and I... Mayor Ferre: I mean the swings aren't going to make any noise but neither are the children. Mr. Howard; I would rather hear the happy voices of children playing in a semi - active park than to have somebody screaming in a passive park because nobody is there and I think I could take those noises. I think these people living there have a very good objection but we have agreed that we will try and make this park aesthetic, attractive to the neighborhood that not only will children go in there but we were going to have a kiosk for senior citizens to sit there or elderly people, some benches perhaps a chess table if they like to play... Mayor Ferre: Now wait a minute. Now we're contradicting because we said that this was going to be strictly for children... We don't want the elements of older people 3n there. 31 APR 1 0 1975 Mrs toward: In the original plan before it's been revised four or five times We did have a front area with a kiosk for senior citizens to sit. Now then they came back and told us, "Well, you're q'oing to have to put parking spaces in there" which now has been resolved. So it wouldn't be completely used by children. Primarily we hoped the children would come in there. There is a demand in the area. There is 980 children below the age of 9 and the park will be Made to accompany everybody and to keep the noise down as much as possible. Our parks are not open past 10 O'Clock; very rarely do we get young children in a park past 7 O'Clock. So I don't think in the evenings that they're going to be disturbed that much. And again, when we have supervision there I think this will minimize any problems that we may have. Mr. Plummer: Mr. Howard, I'm going to hold'you to that. You know you say your parks are not open beyond 10 O'Clock; two weeks ago I instructed, I'm sorry, we asked the Manager to take care of the same problems that are now existing in Merrie Christmas Park. Now I would hate to tell you the number of complaints that have come in after 10 O'Clock at night by the adjoining neighbors at Merrie Christmas Park. Mr. Andrews, I'm going to go on record once again and tell you that those neighbors are being subjected unduly to harrassment after 10 O'Clock and I'm going to tell you it's got to stop. Now I don't know what you've got to do but those neighbors who are taxpayers of this community are not deserving of what they're getting there after 10 O'Clock. Mayor Ferre: I'd like to respectfully ask that we all now get into the quick strokes because it is•11:35 and we have Mr. Ted Pappas who is here to receive a presentation and that's item 12, we're still on item 8. We really have to move very quickly. Mrs. Gordon: Mr. Mayor, I would like to bring this to a head. I would like to comment first that bicycles are becoming a mode of transportation instead of the car in Coconut Grove today and many parents are traveling through the Grove with children on their bicycles in special bicycle seats and so that kind of answers one of your concerns with the car. The second is the closing of the park at 10:00. In a child's park I think it could close at 7:00. I don't think it needs to be kept open until 10:00. However, if it is possible to treat one park differently than another I'm not sure of the legality of that. Mr. Lloyd: That is possible. Mrs. Gordon: All right. I would therefore move that item number 8 (a) be approved with the following stipulations: That the park be closed at 7 O'Clock and that the matters of attendant on premises be a part of this approval and the other items that Mr. Howard delineated be included. Mr. Reboso: I second the motion, Mr. Mayor. That is with the provision that the park will be closed at 7:00 O'Clock. Right? Yes, the children's park. Mr. Plummer; Mr. Mayor, under discussion even though I will oppose the motion I have great concern for the overall items that were spelled out and I think it is a must in case this motion passed: (1) There will be at all times a full time supervisor, there will be a fence and landscaping of adequate size and nature to stop any noise. I think bathroom facilities must be placed on this park. What were the other concerns? You've rot to put bathroom facilities, Paul. You can't put a park there for people to play in without a bathroom and I sure don't want to see another $60,000 john like we've got down here - $7,000 a seat. Mayor Ferre; A11 right, will you accept those in your motion? Mrs. Gordon: Yes, I would. One of the ladies just asked me if she could just make a brief statement. She's a mother representing children and so in the broad contest could we hear a word for her, please? Mayor Ferre; Well, if we do that then I'm going to have to recognize the other people who want to spsak so I'll do that but this gentleman was up first so we'll recognize him for a very brief statement and then I'll recognize you and then you. UNIDENTIFIED SPEAKER: My point Mr. Plummer pretty well covered. It's due to the sanitary priviledges there. Without sanitary provisions this is going to be a nuisance, One person's home is within just a very few feet of the border. I... Mayor Ferre; Well, I personally agree with that. I think if it is going to be an active park with children in it it should have a place where they can go to the bathroom. 32 APR 1 um • Mrs. Gordon: And that this facility should be locked when the park is locked so that it should not be a place for... Mayor Ferret These are all a part of the provisions that you're stipulating? Mrs. Gordon: Yes, I'm putting all the precautions in there. Mrs. Carolyn Gold: Thank you very much, I'm Carolyn Gold. I live on Abaco Avenue which is a few blocks in from this proposed childrens park. Two points I'd like to make: (1) That I feel that there should be a small neighborhood park is because putting it in Kennedy Park means that there is a mu:h greater distance to be covered, you have to get into your car... Mayor Ferre: By you. Mrs. Gold: By a lot of people in my neighborhood. There are a lot of children there. It is much easier to walk with a stroller and walk over to a childrens Park. There is only the one traffic street which is 22nd which is minimal coin - pared to Bayshore and Tigertail. Also, most children who are under the age of 7 would be accompanied by their parent which means that there would be super- vision at this park at all times, that older children that show up, I think mothers would be very protective of their young. Also the second reason that I feel this should be just limited as a children's park, a small children's park is because when I've taken my children over to larger parks such as Mac Farlane Park there is a very undesirable element there. Quite often the older kids that are playing around with their frisbies they decide they want to go and play on the children's equipment. They're there in the first place because it hs all kinds of recreational facilities for older children so then they start using the younger children's equipment which prohibits the younger child- ren from using it and makes them rather frightened. I think there should be a separate little park for children and for neighborhood people. Mr. Bob Taylor: I'd just like to summarize several things to clear up some- thing. These people right here around t.lis area, when they were first canvassed by this other gentleman they said'yee, we'd like a park there, we all agree with that." But now when the :item came before you last week it wasn't a park it was a playground. Now you ask the fellow from the Parks Department would you like another park. Well sure he'd like another park, so would the Minister of Defense like to spend more money on defense. the said he's got 980 children in a neigh- borhood, that's only a residential sized lot you have there and then you talke about spending $110,000 of the city's money for a handfull of people who can walk to a community park. I think it is absolutely so crazy I don't know why we're standing up here talking about it. The city needs money, it's not like we have a big bank roll to grab into to develop a small park. It is so absolutely absurd you're acting on a motion just even thinking about it. I just wish you all would come to your senses a while to realize we're not saying we're opposed to a park. All we're saying is for crying out loud there are some people living right next to it that dun't want up to 980 children in their baccyard. I think they're entitled to that if this is what the survey shows or half that amount or a hun- dred children say 50 on a residential lot. As you all have done sometimes too, fine, it can be a children's park but what we're saying is don't spend $110,000 on equipment. If you've ever bought a child an expensive toy and given it to him and he winds up playing with the box you know as it well happens; the point being is if you can make it a children's Park they can entertain themselves - they don't need $110,000 worth of equipment. Mr. Plummer: Mr. Mayor, I would just like to state in opposition to the motion that I think we have a rare opportunity to provide something that we really can all be proud of down on Dixie Highway. 1 think it is more appropriate and I'm not against parks, I'm not against children, I want to do it but I want to do it in the right way and something that we'll be proud of. Mr. Peboso: Mr, Mayor, I qecond the motion because in the first place we have the park already there; we have the money and besides that in my opinion children are the only minority group that can't speak by themselves especially those under 6 years old. When the blacks have .: problem or the Latins have a problem we have them here but in this case Iiie children of this area can't be here and I think that now we have the money and the park we should go ahead. We don't need only this one, we need many many more like this one. Mrs. Gordon: 1 just have to say that Conunissianer. Reboso said what I would have liked to have said and said it rA whole lot better. I can't think of any- thing that we have had a chance to t.rike a position on before that is going to affect 1st) many human lives as favorably as this will and I know that the future will prove that we're not wrong that we're right in taking an affirmative position at this time. Mt. Lloyds One Moment, Mr. Mayor, if you please, your honor. It would be appropriate to consider the resolution as drafted. Now the restrictions which were suggested are not appropriate for this resolution due to the type; that Would, either the City Manager may take his instruction from the recotd as to the restrictions that administratively can be put on or if your honor wants another resolution could be.,. If this resolution... Mayor F'erre: I think what you do is you do it both ways, prepare a resolut- ion for the next meeting which entails the minutes of what you were to do. Mr, Lloyd: We can do that. Yes. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-311 A RESOLUTION GRANTING APPROVAL OF SITE AND DEVELOPMI;NT PLAN OF PROPOSED PARK AT APPROXIMATELY 2800 S.W. 22ND AVENUE, S 4' OF AND ALL OP LOTS 8 AND 9, W.H. SNIPES SUB (3-107) AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XVIII-1, SECTION 4 (1), SUBJECT TO ADDITIONAL LANDSCAP- ING PROVIDED ON THE NORTH AND SOUTH PROPERTY LINES AND BICYCLE RACKS INCLUDED IN THE DEVELOPMENT PLAN; PROP':RTY ZONED R-1 (ONE FAMILY), PROPOSED TO BE REZONED P-R (PUB- LIC PARK AND RECREATIONAL) DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Reboso, Rev. Gibson NOES: Mr. Plummer and Mayor Ferre. ABSENT: None. Mayor Ferre: The motion is obviously passed since there are three votes and of course, the simple thing for me to do is to go along with the motion but I'm not going to do that because I really believe that as a matter of principle that it is wrong to have this particular type of high activity in a residential area where people have a right to live in a certain amount of peace. I'm all for a children's park and I think that all the neighborhoods should have childrens' parks. I have no objections to spend $110,000 but I just don't think that this is the particular place for it. So I vote no on the motion. 34 APR I01975 99-SLIP MARINA-8 6CAYNE tAY AM I•AN GN DEVELOPMENT CORP• i .+ EXTEND CONDITIONAL USE 19u1 bRIUNtLL AV ��1E APR 1975 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-312 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDIT- IONAL USE GRANTED ON THE PROPERTY AT 2333 BRICKELL AVENUE (BRICKELL BAY CLUB) BY ZONING BOARD RESOLUTION NO. ZB 167- 74, AS PER ORDINANCE NO. 6871, ARTICLE XXXII, TO PERMIT CONSTRUCTION OF 70-SLIP MARIAA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner. Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: Norte. ABSENT: None. ABSTAINING: Mayor Ferre. APR 10 1975 12. EXTENSION OF VARIANCE M000 S.ARCELLUIS�DEARBORN17UE SUB (B-26) The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-313 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 2000 S.W. 17th AVENUE BY ZONING BOARD RESOLUTION NO. ZB 111-74. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. APR 101975 INTERIM ZONING DISTRICT 13, EXTEND FOR 6 MONTHS MIAMI-DADS GOVERNMENT CENTER AN ORDINANCE ENTITLED - AN ORDINANCE EXTENDING THE MIAMI-DADE COUNTY GOVERNMENT CENTER INTERIM ZONING DISTRICT FOR A PERIOD OF SIX MONTHS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSO FAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION; PROVIDING FOR AN EFFECTIVE DATE. 25 APR 101 75 Was introduced by Commissioner Plummer and seconded by Cottflissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the foliowing vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the foliowing vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon .Commissioner (R?v.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8381. 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. APR 10 1975 14, PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION ETC, A. Procl arcing t!v .,.;r'& of April 2n_2A, 1 c17S ac "PPAT.TOR, WRRK" , rpceivPd by Theodore J. Pappas, President of the Miami Board of Realtors. B. Presentation of plaque to Meyer E. Stoller, Director of the Internal Audit Department, on his retirement after 22 years of service with the City of Miami. C. Presentation of Commendation to Master Sergeant Luther "Pete" Holston for his dedicated wotk with the "Toys for Tots" program. D. Presentation of proclamation declaring week of April leth, "Medical Laboratory Week", accepted by Janet Grant and Murray Kitman. E. Presentation of proclamation declaring April 17th as '*uan Ramon Molina Day" (in Spanish), accepted by Consul General of Honduras Antonio Jose Valladeras and Mr. Euripedes Riera. F. Resolution commemorating the memory of Manny de Castro. APR 101975 URGE LEGISLATURE AND APPROPRIATION COMMITTEES TO 15, DISCUSSION pRTESgAirgEORETyffpEASING DEMANDS ON (SEE LATER RESOLUTION) Mr. David Mc Donald: Simply, a resolution asking that the City Commission support increased funding for the Department of Health and Rehabilitative Services and for the Division of Mental Health. Mrs. Gordon: Yes, Mr. Mayor, I'm familiar with this and I would so move that we support a resolution to the state which would indicate our concern with the possibility of a reduction in the funding for Human Resources and particularly for mental health and that instead that we ask the legislature to see, to find some additional funding because this is one of the most vital concerns of our community, I move that. Thereupon a motion introduced by Mrs. Gordon, seconded by Mr, Plummer was passed and adopted'unanimously, tSee Motion 75-356 adopted later in meeting,) 6 APR i 01975 16s ACCEPT COMPLETED CONSTRUCTION SAN MA SANtT. SEWER I MPROVEMENt SR.-55i6 C Mt. PlumMer: Is there anybody in the audience that wishes to speak on Itettt 297 4eatind hone, m:,tion by 'ehoso, seconded by Gibson, call the roll. The following resolution was .introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-314 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF INTERCOUNTY CONSTRUCTION CORPORATION FOP THE CONSTRUCT- ION OF SAN MARCO SANITARY SEWER IMPROVEMENT SR-5216 C (centerline sewer) AT A TOTAL COST OF $1,017,097.03; AND AUTHORIZING A FINAL PAYMENT OF $105,468,71. (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 and Mr. Plummer. NOES: None. ABSENT: Mrs. Gordon and Mayor Ferre. APR 10 I WS APR 10 1975 PUBLIC UTILA 17, ACCEPT QUIT CLAIM DEEDS ARALACI�NTS TRACT "A" The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-315 A RESOLUTION ACCEPTING THE QUIT CLAIM DEEDS EXECUTED BY FLORIDA POWER & LIGHT COMPANY, FLORIDA GAS COMPANY, SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY AND MIAMI- DADE WATER & SEWER AUTHORITY, FOR THE RELEASE OF A PORTION OF UTILITY BASEMENTS LYING WITHIN THE BOUNDAR- IES OF TRACT "A", MOORE PARK, AS RECORDED IN PLAT BOOK 86, AT PAGE 45, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAME IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT: Mrs. Gordon and Mayor Ferre. APR 101975 18. ACCEPT HIGHWAY RIGHT OF WAY DEED ADEMAR PARK (7-57) The following resolution was introduced by Commissioner Gibson, who -coved its ac?o"tion: RESOLUTION NO. 75-316 A RESOLUTION ACCEPTING THE HIGHWAY HtIGHT OF WAY DEED EXE- CUTED BY TRA DEVELOPMENT CORPORATION ON DECEMBER 9, 1974, CONVEYING FOR HIGHWAY PURPOSES 16,358 SQUARE FEET OF UN - PLATTED LAND CONTAINED IN A STRIP OF VARIOUS WIDTHS ALONG THE NORTHERLY PORTION OF N.E. 83RD STREET, RUNNING EAST FROM THE WEST LINE OF LOT 33 OF ADEMAR PARK (7-57) FOR A DISTANCE OF 620 FEET; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - APR 101975 AYES: Mr, Reboso, Rev. Gibson and Mr. Plummer. NOES: None, ABSENT: Mrs. Gordon and Mayor Ferre. 19. AMEND SEC, 39-20 (F) APR 1 19/ PROVIDE FEE TO BE 10% GROSS RECEIPTS FROM TICKET SALES PROFESSIONAL SOCCER EVENTS Mr. Lloyd: One thing I'd like to mention, that we understand if ....his ordinance is passed that the minirum(cha:ge of a thousand dollars is sufficient to meet the minimum expenses for the protection of the Orange Bowl bondholders. Mr. Andrews: That's right, just for these kind of events. Mr. Lloyd: Must be under the bond indenture. That's under section 706 of the bond indentures. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 39-20 (f) (1) OF THE CODE OF THE CITY OF MIAMI TO PROVIDE A MINIMUM CHARGE OF $1,000.00 OR 10% OF THE GROSS RECEIPTS FROM TICKET SALES FOR PROFESSIONAL SOCCER EVENTS HELD AT THE MIAMI ORANGE BOWL; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND FURTHER 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: Mr. Reboso, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT.: Mrs. Gordon and 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. 20. FEDERAL GRANT APPLICATION APR 10 1975 RECONSTRUCTION OF RECREATIONAL FACILITIES FOR THE HANDICAPPED The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-317 A RESOLUTION AUTHORIZING THE APPLICATION FOR FEDERAL ASSISTANCE FOR RE -CONSTRUCTION OF FLAGAMI AND KINLOCH PARKS FOR HANDICAPPED PROGRAMS. (Here follows body of resolution, omitted here and or 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. Mrs. Gordon: When the funds are made available they will be used for what speci- fically for the handicapped? For programming or for capital improvement? Mr, Andrews: Both but mainly for capital improvements to remove impediments to those two parks and add in those things which will make it convenient for handi- capped individuals to recreate and take advantage of those parks. 2 APR 101975 AUTHORIZE PAYMENT OF 2i ADDITIONAL FUNDS 710 APR 10 1975 KITCHEN CHANGES IN 3 CHILI DAY CARE CENTERS INCREASE SCOPE OF PANELFAB CONTiACT The following resolution was introduced by Commissioner Gordon, Who Moved its adoption: RESOLUTION NO. 75-318 A RESOLUTION RATIFYING THE ACTION TAKEN BY THE CITY MAN- AGER IN INCREASING THE SCOPE OF THE PANELFAB INTERNATION- AL CORPORATION CONTRACT FROM $159,802.00 TO $164,245.00, AND AUTHORIZING PAYMENT Ili THE AMOUNT OF $4,443.00 TO IN- CORPORATE KITCHEN CHANGES IN THREE CHILD CARE CENTERS; FURTHER AUTHORIZING AN ADDITIONAL PAYMENT OF $1,724.40 FOR EXTRA WORK DUE TO ACTUAL FIELD CONDITIONS; ACCEPT- ING TUE COMPLETED WORK OF PANELFAB INTERNATIONAL CORPOR- ATION; AND AUTHORIZING THE PROPER CITY OFFICIALS TO MAKE A FINAL PAYMENT OF $22,147.60. (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: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. APR 10 1975 RATIFY ACTIONS OF PURCHASE OF UNIFORMS FOR 22, CITY MANAGER PUBLIC SERVICE AIDES The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION ND. 75-319 A RESOLUTION RATIFYING THE ACTION OF THE CITY MANAGER ACCEPTING THE BID OF LAMAR UNIFORM COMPANY FOR FURNISH- ING UNIFORMS FOR PUBLIC SERVICE AIDES OF THE POLICE DEPART- MENT'S THRESHOLD UNIT AT A TOTAL COST OF $5,347.1.6; AUTHOR- IZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO MAKE PAYMENT TO LAMAR UNIFORM COMPANY FOR THESE UNIFORMS FROM UNEXPENDED FUNDS ALLOCATED IN THE LEAD GRANT WHICH EXPIRES MARCH 31, 1975, AND FUNDS FROM THE FED- ERAL REVENUE SHARING PROGRAM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Reboso, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. APR 1u 1975 23, 1-YEAR EXTENSION OF EMPLOYMENT HARRY PEARLMAN The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-320 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOY- MENT PAST THE AGE OF SEVENTY-ONE FOR HARRY PEARLMAN, WATCH- MAN, PUBLIC FACILITIES DEPARTMENT, EFFECTIVE ON HIS BIRTH DATE, MAY 28, 1975 THROUGH MAY 28, 1976, WITH THE PROVISION THAT IN THE EVENT OF A ROLLBACK OR LAYOFF, MR. PEARLMAN, RATHER THAN A JUNIOR EMPLOYEE, WOULD BE AFFECTED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 35 APR 1 0 1975 Upon being seconded by Commissioner Gordon, the resolution was Passed and adopted by the following vote- AXES: Mr, Plummer, Mr, Reboso, Rev. Gibson and Mrs. Gordon. NOES: None, ABSENT: Mayor Ferre. APR 10 1,975 BAYFRONT PARK AUDITORIUM 24, WAIVE RENTAL FEE WUrLATJ,OANDORT EE-U,S,DISTRICT CT, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-321 A RESOLUTION GRANTING FREE USE OF BAYFRONT PARK AUDITOR- IUM TO THE NATURALIZATION COMMITTEE FOR NATURALIZATION PROCEEDINGS TO BE HELD ON THE FOLLOWING DATES: APRIL 2, 1975, JUNE 4, 1975, AND AUGUST 6, 1975; SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mx. Plummer. NOES: None. ABSENT: Mayor Ferre. APR 10 1975 25, AMUSEMENT RIDE PERMIT GESU CHURCH - 118 N,E, 2 STREET 'the follo"•'ing resolution ''aS int o'auced by Connic:,icner CP-son, '''ho moved its adoption: RESOLUTION NO. 75-322 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO GESU CHURCH AND SCHOOL FOR AMUSEMENT RIDES ON THE GROUNDS OF THE CHURCH AND SCHOOL LOCATED AT 118 N. E. 2ND STREET ON MAY 3RD AND 4TH, 1975, SUBJECT TO CERTAIN TERMS AND CONDIT- IONS. (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: Rev. Gibson, Mrs. Gordon, Mr. Reboso and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. APR 10 1975 26, APPOINT MRS, MARTY GRAFTON - MIAMI MEMORIAL COMMITTEE The fnllnwina recnln+inn waC int-rodured by Commissioner rihcnn, whc, moved its adoption: RESOLUTION NO. 75-323 A RESOLUTION APPOINTING MRS. MARTY GRAFTON TO THE MIAMI MEMORIAL COMMITTEE TO SERVE AN INDEFINITE TERM OF OFFICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote,- AYES; Mrs. Gordon, Mr, Reboso, Rev. Gibson and Mr, Plummer, NOES; None, ABSENT; Mayor Ferre, 40 APR 1019 5 • APR 1975 27. CLAIM SETTLEMENT - LL OY ALVIN DORSETT & LILLIE MAE DORSETT The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-324 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY TO Lc_ROY AL/IN DORSETT, BY HIS MOTHER AND NEXT FRIEND, LILLIE MAE DORSETT, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $2500.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE TWO POLICE OFFICERS OF THE CITY OF MIAMI, AS AGREED TO IN OPEN COURT BY THE PARTIES, THE JUDGE AND THE RESPECTIVE COUNSEL. (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: Mrs. Gordon, Mr. Reboso, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. 28. CLAIM SETTLEMENT - �A�OLJEONSTEIN, EDGAR DIXON, L. A. APR 10 19/5 BUSH, FELTON MAIISON R, JERO'IE SANFORD ATTYS The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-325 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO PAY TO EDGAR DIXON, L. A. BUSH AND FELTON MADISON, AND HAROLD BRONSTEIN AND R. JEROME SANFORD, THEIR ATTORNEYS, THE SUM OF $1,000 IN FULL AND COMPLETE JUDGEMENT OF $2400 AGAINST THE CITY OF MIAMI IN THE COUNTY COURT, CASE NO. 74-1834-CC-05, INCLUDING THEIR COSTS OF $662.00 IN THE ABOVE SUIT, DUE TO AN ALLEGED FALSE ARREST IN CORAL GABLES ON FEBRUARY 22, 1971 DUR- ING A RIOT SITUATION. (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. 29. DENY CERTAIN CLAIMS - The following resolution *!an intrnrurefl moved its adoption: INSTRUCT CITY ATTORNEY TO DEFEND ti.. APR 10 1975 Co innioner ribson, t.'ho RESOLUTION NO. 75-326 A RESOLUTION DENYING CERTAIN CLAIMS AND DIRECTING THE CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR THE RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIMS. (Here follows body of resolution, omitted here and on file in the Office of the City clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote- AYES; Mrs, Gordon, Mr. Reboso, Rev. Gibson and Mr. Plummer, NOES; None. AB ENT; Mayor Ferre, 91 APR 1Q1975 t 10 1975 30 ACCEPT BID - MISCELLANEOUS TREES The following resolution was introcuced by Commi:;signer Reboso, who moved its adoption: RESOLUTION NO. 75-327 A RESOLUTION ACCEPTING THE BID QUOTATION OF MELROSE NURSERY AND SOILS COMPANY FOR MALAY COCONUT PALM TREES, ADONIDIA PALM TREES AND 20' ROYAL PALM TREES; REDDISH LANDSCAPING NURSERY FOR BLACK OLIVE AND GUMBO L'IMBO TREES; SINCLAIR SUNSET NURSERY, INC. FOR 9' ROYAI. PALM AND 10' ROYAL PALM TREES; AND PESTONIT NURSERY & FLOWERS, INC. FOR OAK, CABBAGE PALM AND BOTTLE BRUSH TREES; FOR FURNISHING AND PLANTING TREES - 1975 AND AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS AS NEEDED TO MEET THE CITY'S REQUIRE- MENTS FOR THE CALENDAR YEPR OF 1975 SUBJECT TO THE AVAIL- ABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. APR 101975 31, ACCEPT BID - SEVEN ROTARY MOWERS The fol 1 o'.'ing rc?sol 11.i on wac j nt-roAuced by commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-328 A RESOLUTION ACCEPTING THE BIDS RECEIVED FROM HECTOR TURF AND GARDEN SUPPLY CO. AT A COST OF $2,995.00 AND DE BRA TURF AND GARDEN SUPPLY AT A COST OF $9,349.00 FOR FURNISH- ING SEVEN (7) ROTARY MOWERS AND ONE (1) AERATOR AT A TOTAL COST OF $12,344.00; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PUR- CHASE ORDERS FOR THIS EQUIPMENT ALLOCATING FUNDS FROJ4 FEDERAL REVENUE SHARING 1974-75 BUDGET PARKS AND RECREATIONAL MECH- ANIZATION PROGRAM. (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: Rev. Gibson, Mrs. Gordon, Mr. Reboso and mr. Plummer. NOES: None. ABSENT; Mayor Ferre. APR 10 1975 32, ACCEPT BID - FIRE APPARATUS The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-329 A RESOLUTION A RESOLUTION ACCEPTING THE BID OF MIAMI FIRE EQUIPMENT COMPANY FOR FURNISHING BREATHING APPARATUS PARTS FOR THE RESCUE DIVISION OF THE FIRE DEPARTMENT, AT A TOTAL COST OF $7,391,00; AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PUB-. CHASE ORDER THEREFOR; ALLOCATING FUNDS FROM THE FEDERAL REVENUE SHARING 1974-75 BUDGET, (Here follows body of resolution, omitted here and on file in the office of the City Clerk,) 42 APR 101975 Upon being seconded by CornmissionE:r Gordon, the resolution was passed and adopted by the following vote- ALES: Mr. Fteboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mayor ?erre. [\PR 101975 33. ACCEPT BID - PARK BENCHES AND TABLES The following i.ntrnriurPri by Commissioner Reboso, who moved its adoption: RESOLUTION NO, 75-330 A RESOLUTION ACCEPTING BIDS FOR FURNISHING PARTS FOR 475 PARK BENCHES AND 220 PICNIC TABLES FOR THE PARKS AND REC- REATION DEPARTMENT, TOTALLING $51,118.14 FROM: CRAWFORD AND ASSOCIATES AT A COST OF $11,062.50, GAME TIME, INC. AT A COST OF $34,590.82, D.C. PAINT COMPANY AT $438.77, PLUS LABOR COSTS OF $3,475.00 P4D ADVERTISING AT $200.00; AUTHOR- IZING AND DIRECTING THE CICY MANAGER TO INSTRUCT THE PUR- CHASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR THIS MATER- IAL, ALLOCATING FUNDS FROM THE 1972 PARK AND RECREATIONAL DACILITIES BOND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Reboso, Rev. Gibson and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. APR 101975 34, ACCEPT BID - BICENTENNIAL PARK PHASE II - 1975 SUBGRADING The followinrr r, colfvti ofl moved its adoption: uaac intrnancarl �,.. f'. m; ssione,r uehoso, ..,ho RESOLUTION NO. 75-331 A RESOLUTION ACCEPTING THE BID RECEIVED FROM REDLAND CON- STRUCTION COMPANY, INC. IN THE AMOUNT OF $66,950.00 FOR THE BICENTENNIAL PARK PHASE II - 1975 (Project #1 - sub - grading); AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO EXECUTE A CON- TRACT WITH SAID FIRM; FUNDS ALLOCATED FOR THIS PURPOSE FROM PUBLIC PARKS & RECREATIONAL FACILITIES BOND FUND. (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. 43 APR 10 1975 35. ACCEPT tID 3 YEAR INSURANCE POLICY FIRE, tlbSTORM, APR APR 1.019 75 VALDALISM, MALICIOUS MISCHIEF ETCi The following resolution was introduced by Commissioner Reboso, who Roved its adoption: RESOLUTION NO. 75-332 A RESOLUTION ACCEPTING THE EslD RECEIVED FROM ALLSTATI INSUR- ANCE COMPANY FO,t A THREE YEAR INSURANCE POLICY COVERING FIRE, WINDSTORM AND EXTENDED COVERAGE, AND VANDALISM AND MALICIOUS MISCHIEF ON CITY BUILDINGS AND CONTENTS THEREIN AT AN ANNUAL RATE OF $53,675.00 COVERINt; THE PERIOD FROM APRIL 15, 1975 TO APRIL 15, 1978; AUTH(7RTZTNG AND DIRECTING THE CITY MAN- AGER TO INSTRUCT THE PROPER CITY OF11'ICIALS TO NEGOTIATE A CONTRACT WITH ALLSTATE. (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: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mr. Reboso. NOES: None. ABSENT: Mayor Ferre. APR 101975 36, ACCEPT CHECK FROM SETTLEMENT OF ATTORNEYS FEES FOR SERVICES TRAVELERS INS,CO, COLLAPSE OF BLEACHERS AT DINNER KEY AUDITORIUM The following resolution was introdu,ed by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-333 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO ACCEPT CHECK OF $3500.00 FROM TRAVELERS INSUR- ANCE COMPANY IN SETTLEMENT OF VALUE OF ATTORNEYS' FEES FOR SERVICES RENDERED BY THE CITY OF MIAMI LAW DEPART- MENT IN DEFENDING THE CITY IN THE LAW SUIT OF GREGALOT ET AL. V. CITY OF MIAMI ET AL., CASE NOS. 73-18031, 73-9623, 73-5204, AND 73-19425, INVOLVING THE COLLAPSE OF THE BLEACHERS AT DINNER KEY AUDITORIUM ON OR ABOUT AUGUST 9, 1972. (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: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso. NOES: None. ABSENT: Mayor Ferre. NOTE: Mayor Ferre entered the meeting at. 2:30 P.M. APR 101975 57 mibrAgp ZONING DISTRICT ORDINANCES— APR 1019/5 APPEARANCE OF MEMBERS OF OCONUt PUBLIC HEARING, MOVE CHAMBER OF OMMERCE Mayor Ferrer Take up now Item 41.3, personal appearance by members of the Coconut Grove Chamber of Commerce regarding the second reading of the follow- ing ordinance relating to the proposed C-2A Zoning District. Now there is an a,b,c, section to item 13. Mr. George Acton: Mr. Mayor and members of the Commission, this is the second reading of the C-2A District and if the commission re2alls, at the first read- ing there was nobody in the audience either to support the proposed ordinances or to bring forth matters that would oppose the new ordinance. I want to go back to the goals that were originally established in the planning study very briefly and summarize those Eor the commission. We had said one of the goals was to maintain and strengthen the village center and to encourage the compat- able retail office and cultural risen within the core and phase out incompatable uses to promote opportunities for multiple use developments that would provide a compatabie mix of use and to establish ca Unix of open space and high density residential uses in near the core area. Now the most important control advocat- ed by this ordinance is to preserve the scale in dimension of those nest projects that will be built in the future in the village core. We've done this by a ser- ies of controls, the most important of these controls being a limitation of floor area ratio within the village center; secondly providing a four-story height limit. I want to direct the commission's attention to the map of the village core that shows the type of floor area retios that presently exist in the village core. Now we have delineated and dreamed those new structures that have been built within the last Lwo years.; under the existing C-2 ordinance. I want to point out to the commission that in all cases with the exception of the apartment building on Virginia Street and Oak and the Hotel Mutiny that these new buildings are under a floor area ratio of 1 which was done voluntarily by the developers in the old C-2 district. We also want to, point out that Yacht Harbor in the R-C Zoning District lying along Bayshore has a maximum intensity of 1.5; this repre- sents the intensity of the Yacht Harbour building. We have a number of innovat- ions in the C-2A District which were an outgrowth of the objectives and the goals established f'or the village center. The district does encourage the pro- vision of basically pedestrian oriented activities, to the designation of pedest- rian streets and bonuses for developers that will provide additional pedestrian ground level or second level open ';pace_ amenities. It's possible for a develop- er in any size lot, for _instance, to urt to a tloor area ratio of 1.4 if he will provide ground level open space or ;second level open space that is directly re- lated to the objective established for this district. The second map simply illustrates the type of development that is possible with this new district which would allow any developer a floor ai:ea ratio of. 3.4 provided that he supply in this development adequate interesting pedestrian ground level space. We've shown here is that on the ground le:'el 85% of that development could be retail space, 15% of the front could be ground level open space devoted to those uses which are compatable with the retail uses. The second level a little more than half of that development could be devoted to retail sales and the rest of it for open space, pedestrian or court related activities. In our work with developers it has been referred to many timers as similar to the kind of development that occured at the Embarkadero or the Cannery in San Francisco where we're trying to create these kinds or interesting interior open spaces that directly are re- lated to retail sales but still create the kinds of retail activity and spaces that will create a new vitality in the business core. That very simply summar- izes the department's stand on the C-2A ordinance at this time. Mr. Dick Dannziger: My name is Dick Dannziger, I'm President of the Coconut Grove Chamber of Conanerce. My business address is 3036 Grand Avenue, Coconut Grove. I wanted to state to you this morning that we as the Chamber of Com- merce Board of Directors are in favor unanimously for a 2.0 area ratio for the business area. We feel it is vital for the business area to progress on this basis and this basis alone. we have seen a few new structures go up the last two to three years and these were with no restrictions. We want to en- courage business in our area because if we .encourage business in the only area that really can show increase in volume tourist attraction. We feel it is vitally necessary that we progress on this basis. For us not to progress we go backward cause you don't stagnate, you go backward. We feel that what we see in Coconut. Grove that is pleasant are the new buildings. These are without any restrictions so therefore we as a Chamber, we as the Board of Directors unanimously recommend 2.0 area ratio. Thank you. APR 10 1975 Mr. Kenneth Treister.: My Wane is Kenneth Treister. I live at 3660 Battersea Road in Coconut Grove and I have my office in office in the Grove on 2699 South Bayshore Drive and T'm a member cf the Beard of Directors of the Chamber of Commerce and also .a property owner in the C-2A District. I'd like :o sat at the outset that this C-2A ordinance in all but one respect is an excellent ordinance and I think the Planting Department and the city officials deserve to be commended for this ordinance. They've worked very closely with the chamber and with the citizens of Coconut Grove and it has been many many months that this has evolved and it is an excellent, very vice y fine plan I think foe the develop - merit of Coconut. Grove and we're excited .about it. We do have one very strong objection to one part but that objection has to be seen in the light of recom- mending approval of a thousand other things that: are in here. So the fact that we're talking about floor area ratio we could spend hours telling how good the other sections are and I don't think we should forget that. But we are concerned with one point that the Planning Department and the Chamber and other citizens can't seem to reconcile and we're asking the City Commission today to amend this ordinance in one respect, and I'm not sure if this was an early draft or not but on page 9, Sep~tien 8 it y: floor .-crea ratio and in subparagraph 1, at least on this cr py, it says floors .tea ratio for non-residential uses shall not exceed 1.0. We would like that. -hen ed t e .'.0. Now first of all 2.0 is now the limit in (2o onut. C:rove now. ';here has been some new development in Coconut Grove but very very .ii t ele . In t ho last few years only one or two buildings have been built. With the present law of 2.0 they happen to be beauti- ful buildings; one is the buiidine which houses the Kaleidescope and there are some others on Commodore Plaza. They're teaming with excitement, with good food, with good merchandise and they' to very coipat.:able with the village feeling. We want that to stay and we think it would b ' a negative and very bad thing if we changed it to 1.0. The reason is that 1.0 would stifle the development further in the Grove when we want it: to be encoureeed. Now Mr. Acton told us about the goals of the Master Plan and he said it vc'ry clearly. He said this goal was to stimulate and keep as a viable :,•etrtf r the village center. They want it to be a good healthy center. Everyplace in the rel~:.art it encourages healthy growth ex- cept this one place when they take a sledge hammer really and knock out the props of all the other good thine s they have in the report. In the report they encourage pedestrian shoppif.g. Well, you can't have pedestrian shopping unless you have new shops, court yards, plant:_cai'ine - you've got to have new development to have that kind of lively center. If we continue to have the empty lots that we have in the village center, i host at-e negatives oe a street. When someone walks down a street and they leek .i:t tJ:.e windows and they see the excitement of people and they come to an empty lot .it's ,i negative. New why are those lots still empty? Obviously the economic viability of building has 1?een curtailed, I'm sorry. So just in essence in :i!1mna y I'm saei.rtt7 ae en architect and planner -property owner pass the ordinance but please allow the development to 2.0 ratio, please. Mrs. Gordon: I have a question, Mr. Acton. if this were in fact a 2.0 would that then mean a necessity to go up h.ieher or could it stay in the same height limitation and still give enough open space, court yard space? Mr. Acton: Our position, commissioner eerden, was that the new buildings that he referred to, of course, were all buit at e floor area ratio of much less than 1.0 on Commodore Plaza. We believe that with the establishment of floor area ratio, a base floor area ratio of 1 the only way to encourage pedestrian amenities that we described is to leave in the floor area ratio of one with bonuses for these other amenities. It you allow say a floor area ratio of 1.5 to begin with the bonuses will not be taken advantage of and we're not going to get these kinds of developments that we invisioned for future growth of the vil- lage center. I also wanted to point out a 1.5 building bulk again represents the type of bulk we have in Yacht Harbour, 1.78 is the Hotel Mutiny... What I'm saying is that ail of the existing pedestrian scaled development in the village core with a few exceptions as I just mentioned are under a 1.0 and they were done voluntarily. In fact, when the floor area ratio was 2.0 permissible. Mr. Plummer: •George, you keow being prac.t;.cel about it if that was the case before and people did this on a voluntary heels you know I agree, what really new development except for Yacht Harbour, the ?Mutiny was even before my time, what are we going to do to encourage especially in the area as it surrounds the village itself to encourage new interest,; to come into the area? Mr. Acton: Of course, the zoning along k yhore does have quite a few under developed lots is R-C, that's not to be changed. That is a base floor area ratio of 1.5. We're only talking now about the village center itself and the primary objective was to retain its village pedestrian oriented scale. 46 APR tp17 Mr. Plummer: To the height, how many floors are you... Mr. Acton: It's a four story height limit which nobody is opposed to. Mr. Plummer: All right, you put a four story height limit, what would be the purpose of trying to defeat the other way around of holding it to a 1.4? That's the way I see it. Mr. Acton: What we're saying _s that we're encouraging the type oropen space through the use of bonus incentives such as we have done in the Brickell Avenue area where we started with a base floor area ratio, well in that case it's high density, but 1.5; the developers are given additional floor area ratio for cer- taio types of landscaping amenities and other types of development... Mr. Plummer: George, liou say you're giving it to them -• on one hand you're really giving it to them because you're taking it away. And now you're proposing to be a nice guy if they'll do what you say you'll give it back to them but less. Now isn't that really what you're saying? Mr. Acton: Well, escept that the upper limit in the C-2A District is 1.75. I don't know whether Mr. Treister was speaking to that maximum floor area ratio that can be achieved of 1.75 or whether he's talking about just making it per- -- missable to develop up to 2.0 regardless of the type of amenities that a devel- oper might provide. Mr. Plummer: George, here's what. I'm getting at. We haven't seen any new type of development in the business district which I think we will all agree that we would like to see some development, we would like to be able to mold the devel- opment. If you put greater restrictions it seems like you're going to have less people interested in coming in to do what you hope to accomplish. You don't have them now with the 2 point. How are you uing to get them in more so with a 1. or a 1.4 or whatever it is? Mr. Acton: Well, this goes back to the prior discussion we had on the C-2. What we're trying to do is direct development in a desirable manner the same way we did when we revised the R-C in the Brickell Area. If you recall back during the time that the R-CIS ordinance in the Brickell area first came before this commission you know there were a number of developments in that area but you didn't see the proliferation of landscape nor did you hear at that time the term used "high quality development" and "a desirable place to locate". What we're trying to do with this ordinance is to direct the type of future development that will make this a very attractive place for developers to come in and develop in accordance with objectives set forth by the community. There is no disagreement on the part of anybody in this room as to what we'd like to see in terms of future development. We can't do it il we use let's say fair approach... Mr. Plummer: That remains to be seen. Ok, thank you. Ms. Lorraine Prince: 1 am Lorraine Prince. My business office is in the Coconut Grove Bank Building and my residence is 2488 Inagua Avenue. I'm a past president of the Chamber of Commerce and I'm representing them today and I'm also currently a Board of Director's member of the Chamber. I would like to say that I am fam- iliar with properties in Coconut Grove having been here for 40 years and dealing in them. The business area does need redevelopment. The floor area ratio in my opinion should be kept at 2.0. As I'm in complete accord with Mr. Plummer there is no point in redeveloping this area here unless it has some feasibility to it and viability for the builder and investor. Would you believe now that there is currently a piece of property in the business area approximately 65 feet by 178 at $500,000? It's a two story building. Who is going to tear that down to be able to put up a one story building and not get anything for their investment? You want a lively business area but if you stick to the 1.0 they're only going to have one story buildings and there you keep out the professional offices on the second floor. So a lot of it doesn't make good sense to me and I just feel that if you stick to the 2. that we will get somewhere. We want progress here in the Grove but we want progress with beauty and not stagnation, that's what we've had because it hasn't been reasonable for anyone to come in and buy these expensive properties and not be able to develop them properly. Thank you very much. Mrs, Gordon: Mr. Acton, if all the bonuses were used by a developer with your recommendation what would the total permissable amount of fioor area ratio be? 47 APR 1 0 1975 Mr. Acton: 1.75 unless you develop a tteatrr then it's 2.0. Unless you takd advantage of the bonuses offered for developing a theater in that case . the upper limit is 2.0. Mrs. Gordon: You mean encouraging tie ir;elnpment of theaters? Mr. Acton: Yes, that's correct. And this was done in recognition of the fact that we have a Coconut Grove Playhouse and we want to retain that a; a very desirable... Mrs. Gordon: In other words for the average developer it would be a maximum using all bonuses of 1.75. Mr. Acton: That is correct. Mrs. Gordon: Lorraine, or Ken Treister, because you both spoke to the issue; what is your recommendation that in fa;. ' r have a straight across the board 2.0 without any bonu., arrangement? 1 don't think you meant that, did you? Mr. Treister: Let me tell you about the bonus thing. There are three bonuses recommended in the ordinance. One is to ens ourage a theater... so we discount that. The second bonus is to ernoursoe underground parking; that's very desire, able, it's very expensive and it would only fit on a .large lot. So for small' lots say of Commodore Plaza to have a 50 foot lot and ramps and underground park- ing is really infeasible so only in a large development which there aren't too many, there are a few; underground parking is not a viable bonus for a man who has a shopping lot. There is only one bonus. There is a bonus for court yards and that is a good bonus. 8ut don't: give the bonus, give it in tax incentives, give it in more setbacks, give it in any other way but don't use floor area ratio as a tool for bonuses. There's many other bonuses that you can encourage people to do courtyards. Why use that one econc.nic• tool when it really is going to hurt rather than help the development:. Mr. Acton: One thing that hasn't been said is that in the C-2A District we now allow off-street parking remote from the principle site whereas before the C-2A required on -site parking. New we're_ saying that you can have off street parking within 600 feet so we can get tile :-cnt.lnuous retail shopping experience that we want for the pedestrians in Coconut Grove. This has to be taken into account when you're considering the average t.Ype of development on either a small lot or a large lot in Coconut Grove and I purposely pointed out develop- ments in the Gro that had went up recently, very recently that are under 1.0 that Mr. Treister or Mr. bannziger er- any other architects or individuals in the audience would say are desirable, that's what they want in Coconut Grove. I also pointed out Yacht Harbour which is 1.5 allowed, that's the intensity of that building. So I think we have to take the floor area ratio and put it into perspective and also in relationship to all the other provisions we have in this ordinance for allowing remote site parking. Mrs. Gordon: If you're capping the height... Mr. Acton: At 4 stories. Mrs. Gordon: Yes, and speaking to those who are speaking for the 2.0 won't that create, I'm asking you the architects, a bulky appearance for the area without enough open space? Mr. Treister: The answer is no for this reason that you cap the height at four which creates a scale of the village center which is very important. You know there aro three or four buildings now that are three or four stories high in the village center which encloses the courtyard effect of that center. But the bulk, in this ordinance they want people to build right on the street. They want a pedestrian street without setbacks because that is a lively shopping area. Now the fact that you have professionals on the second floor -that maybe have a restaurant on the third floor, that you have a business that goes very deep not on the street; yes, you'll -have bulk but for the pedestrian walking on the street he sees the shops and he gets the enclosure. if you go to Bay Street, if you go to Bond Street. in London, all of those streets they have 2, 3 story buildings with shops. It is bulk but you never see the bulk because the pedes- trian walks on the street with the shops. The main thing you want to do is cap the height at 4 stories - that's the key. Once you've done that you should en- 'courage development and it'll never go to two. I doubt if anybody will build two but give the architects the freedom: Mrs. Gordon: The way I feel about it is that one of the most interesting aspects of the whole plan is the courtyards and I agree with you that that should be a APR 10197 bonus factor. But I don't know that we can start with 2 and then go to bonuses. Mayor Ferre: No. Well, that's what we're going to have to start worrying about in a moment. Mr. Fred Hutchinson: My name is Fred Hutchinson, I'm also here with the Chamber. I think I can't reiterate too much more in what's already been said in support of this. The Chamber supports it, I don't want any of you to forget that the biggest thing on this thing that we are euppc:rinq is the total ordinance. We only have one gripe and that's the floor area ratio. I've been active in Coco- nut Grove since 1 was a boy and .I've b'. n here approximately 34 years. Now 20 years ago the Grove was; very active and Pr died. off. Now it's coming back, We have a lot of activity in the Grove and they activity is from people. If we don't have the places to put the people whether they be businesses or retail stores you're going to lose these people again. We need the people in Coconut Grove. Again, I just say 1 support: rt. 13 .the way, 1 reside in Coconut Grove and my business is in Coconut trove. Mr. Joe Harrison: Mr. Mayor, rember e el tee .ommi.ss.ion, my name is'Joe Harrison. I live at 3471 Main ltie;hway. _'ve been a rt:,.i ac n`._ of Coconut Grove for 10 years. I have property in the village area. 1 have had an abiding interest for these 10 years in the future and the survival ot the village area and a past president as Mrs. Prince is of the Chamber of Cc>ttm r,:e. I'm a past president of the Coco- nut Grove Association which conducts the •arte festival every year. Now, our objective is to see that the villaeie survi):ees; that is basically preservation. We must be very cautious in .:applying restrictions to redevelopment of the village area. We have some, many ot them et_ 1ea:t are 50 year old buildings which are deteriorating with the course of time ene.l it must be possible to redevelop these buildings favorably. Now there hae been tro, the ;vain point as 1 see it at this moment is that there has been no demonstrated need for a restrictive provision with respect to the C-.'A. There has been ho building erected in the past 15 years that has met any objectione part of any of our citizenry. Those which have been erected ha•,'u :almost unive is.ally been applauded for their beauty and appropriateness. I repeat, there >ars been no demonstrated need for the kind of provision that ae alee tt_ee i ii the Cif i._i;a 'r;,e . So, a conservative, in the best sense of the word, sensible .apprc.e.reh would be to leave the effective floor area ratio at 2 and if in the future .-toinet_i;i:-,.;I ':hat met with universal disapproval were to be built then I :should think we chould consider a more restrictive approach. But with no demonstrative need w r t;; t ?r..- r the village to above all survive I think we should be sensible .trru particularly with a 4 story cap on.... Mr. Ralph Aaron: Commissioner Gordon, members of the commission, my name is Ralph Aaron. I'm here to talk about the -,'A zoning proposal of the Planning Department also. I have four pointe I would like to make and I'd like to make them in a quick numerical order. Fieet. ot ell I would like to point out as a preamble that Mr. Acton stated that the purpose of this zoning ordinance was to encourage, and he spelled this out .s a goal, to encourage the economic viability of the village core. And I'm very hart prey -end to find out how a 1.0 floor area ratio attempts to promote the economic ;iebility of any business district. That's point number one. Point number two, Mr. Acton, and 1 don't want to be guilty of personification here but: he made the statement and it's in the record; he made reference to Embarcadero Plaza 431, there 'r .rn Embarcadero Plaza #2, there's a Cannery and there's Ghiardell.i Square :.ane einc,e I just came back from waiting in line an hour at. Skoman's to get into the restaurant. I think I'm freshly aware of what is happening over there in San Francisco and I can't see how there is any direct comparison with the objection that he states he would like to see at the Cannery or Embercadero Plaza 41 when we don't have a land area large enough in the village business district of Coconut Grove to create what he says he would envisage happening here; especially, (1) we don't have the land area and (2) he puts a cap on height and (3) he would suggest a floor area ratio that would never allow it. So !here is .a contradiction here. There is some kind of vague aspiration out there balled on seem,:• e_vmp.-srative analysis with other commun- ities that by the way are very vibrant: and exciting and then a bunch of straight jackets that we have to live by and which the Planning Department is asking you people to endorse which does .anything but promote this cultural and economic viability and make it a place where people want to go and just look and see and be seen and buy some shrimp in a little thing for a buck and have a good time, So I think you know what I'm talking about. Now let's get down to point #3 as regards to what Mr. Treister said; l;e's,absolutely correct, I don't know what the incentives are that we're talking about. We have the theater and nobody wants more than one theater; I don't know if anybody else wants to promote one, (2) We can't put underground parking. It's.too expensive to cut into that coral rock and (3) we've got courr_yareds, But_ surely there's something a little bit more APR 101975 than court yards by way of throwing out a carpet to a developer. Developers are having a pretty tough time out there I'm finding. And what could be a fourth point that we might throw out as a carrot? Well, how a little bit of air rights where there's an incentive if he bu.lds out over the sidewalk like We had where Mrs. Callahan used to have her reA testate office on Grand Avenue; if they build out of it over the public right of way on the sidewalk (1) you've got a sheltered area from the sun and hot weather and (2) you've got a utilizat- ion of land and (3) you've got yourself a bonus to give to a developer. I don't see this kind of creativity taking plate. I1c:w let me go to (4) and then I'll get out of here. You know how can yoe really arbitrarily pick one out of the hat just like years ago you could ask, "Hew did you pick two out of a hat?" ' these'are just reference points. You ?:now what it really is, a floor area ratio? It's 1.72 on lot; it's 1.37 can rrnether.. How can one be so generalized and laissez-faire about this approach? The truth is that there is an economic and physical obsolescence to each beildi.ny .and if you're going to replace build- ings and allow a developer to make a reasonable profit you've got to let hit have some kind of flexibility within context with the profile of the community and the scale of the community and th'' im,=.'.ae of this community where he can live. If he's not going to get a mirei.rnum et as profit which is what you would get on some certificate, of savings it•I+•e:;it why the hell should he go out there and build? So if y e're uoi_ng to put him ie e straight jacket of 1 arbitrarily what is the criteria for. 1? T haven't teal d the criteria for 1 yet. Therefore, if there is no criteria let's let the tarp make 61 otherwise let him put his money is savings bonds. Mr. Les Hummell: My name is Les Hununr=ll. I own a store in the Grove for 15 years; I've been a resident 21. years. I'm :a member of the Coconut Grove Char- ber of Commerce and I also worked for a year on the Zoning Board for the County and you haven't seen anything any more ruthless on television on Gunsmoke than you'll see in that outfit. They're strictly interested in expediting every- thing outside of it. But anyway, ; f:•:r as the floor area spacing in the Grove and everything I hate to see that area frozen now. You have a four story height limitation already and I'd just Itke to say that Coconut Grove has grown very slowly but it is a very successfui ehopping area. I own some stores in some other shopping ar'.';:s in the cou;.t.'• and tt":e?y're all in trouble. All the shopping centers .are in ouhle, evoe ?<<t irl erd. Coconut Grove is successful and it is moving ;clone very nicely. We just bate to see any change that would interrupt a very successful area in anyway whether it's traffic control or anything. We'd like to secs the status euuo more or less preserved. Mr. Wayne Allan: I reside at 22 5.W. 27 Terrace "A". I'm the Director of the Tigertail Association. S'emo of the eer.ments here really amaze me here on a second reading for a project which has been under study by the city for about a year and a half now. 1 was nn tto advisory committee that helped to develop the Coconut Grove Planning Study end I don't profess to be any kind of an expert on floor area ratio, in f-:ct, I'm far from that. But we have an ordinance that is before the City Commission on second reading; these questions were discussed when it was before the commission before and in the study group itself. The bonus provision I think we all can recognize that that's a very forward looking approach to this sort ef a problem. There are certain things which good planning dictates as be.inq desirable. I think the Planning Department has made a very good attempt to implement that in this ordinance and on behalf of the Tigertail Association I'd like to say that we would urge that the city adopt it as presented. Mr. Ted Schumey: Mayor Ferre, Commissioners, my name is Ted Schumey. I'm an architect and I'm the president of the Cee nut Grove Civic Club. I'd like to say that I think this is one of the MQSt. ;:ritical aspects of this entire planning study which we're talking :about now. Now I know that you on the com- mission are more than well aware of the feelings on the part of the people of Coconut Grove end the Civic Organizations to preserve the village nature of the business di str. i ct . Ate+i what I think ?:.asn' t been said here today is that if 2.0 is enacted we're nc,t gei ny t h v. e .a village atmosphere. Rose, I want you to picture what happens with a four story limit, and I can go along with that, but picture the buildings right et the street going up four stories in comparisoe to what they are nr,w. You ;ios' t lava a village atmosphere, you have a canyon. Now when you take that fact inte consideration plus the fact the average density now in the entire bus i r,es:: district is lselow 1,0 such that you could almost triple the existing nquare rootage there and still be within the proposed ordinance. I think that .it is overwhelmingl- y in favor of enacting the ordinance as the Planning Iaepert.nont has proposed it. Again we mention about buildings being successful and about development. We've mentioned the building across the street from the • ausal i to on Commodore Plaza; it has about a .5 FAR. It. is extremely su_'.cese ui , qu1 t e exciting.. . APR 1975 Mayor Ferrel .5? Mr. Schumey: .5 and that's what I'm trying to get across that's so important. FAR is a tricky thing. Mayor Ferret What do they have, do they have a lot of open space in the back or on the side? Mr: Schumey: Yes, they've got open space inside, you've walked around I'm sure. Well, that's not counted in FAR, that's one of the encouragements that you can do with you see. So what. I'rn saying is 1 concur with the 4 stories; I concur completely with the Planning Department's recommendations and I want you all to carefully understand what that 2.0 means - It's very important. And the biggest thing it does, is i.E it destroys the village atmos- phere and if we do that we might as well not have the planning study at all. Again, we could build almost triple this square footage that now exists and be within the plan. And that's great room for development and I certainly encourage that. UNIDENTIFIED SF'JTU'ERmr, Schumey says that a 2.0 floor area ratio destroys the village atmosphere. We've had a 2.0 floor area ratio for probably at least two decades yet obviously it has not destroyed the floor area ratio. (2) Mr. Mayor, if I may, reference was made to the citizens' task force having approved and discussed the floor area ratio of 1. This is not entirely correct; it is not substantially correct. I was a member of the citizens' task force as was Mr. Dannziger. The basis of the discussion was the 4 story height limitation. The citizens' task force did not discuss to Mr. Dannziger's memory or my mem- ory, and we attended every meeting, did not discuss the 1.0 floor area ratio. This was added at some point by the Planning Department itself. Thank you. Mr. Steven Carver: My name is Steven Carner, I live at 3399 Poincir.na Avenue and I've heard more banking discussed here today than I heard when I was chair- man of the Board of the bank I was with. I don't believe it is the obligation of this City Commission to guarantee capital gains to anybody in this room. Let's start right there. If they want to make a profit let them make their investment and deal with it. like any other American businessman but capital gains on vacant land I think is something beyond the provence of this commission. I don't believe it's the responsibility of this City Commission to shade the sidewalks; we believe in trees in the Grove. very frankly, I don't want to see buildings reaching out half way across the streets so trees can't grow. I came here for tines, I think most people who live in the Grove did. The one point that we're talking about falls well within the provence of good design. We haven't seen any development recently in the Grove we haven' t seen anywhere in the United States - we have a recession in case anybody forgot about it. We will see development. The pecple come here because of the character of the Grove as it is not as some people would make it. It is as it is and gentlemen, you are elected to protect the environment that we moved to this area for not that some developer feels would be beautiful in their eyes or their bank account. I have nothing against profit; God knows I believe in it but I don't believe in it to at the expense of another person. I don't believe in it, even animals know not to defile their own nests. I think that the one point with the bonuses offered will provide what we need. We had 30 almost 40 years Fair Island zoning was the worst zoning in the City of Miami and it took a Burton Goldberg to wake us to the fact that it could be utilized. It was suggested here that we leave this bad zoning and when we get the bad buildings then we should start to worry about it. You're here to avoid that. Thank you. (APPLAUSE) Mr. Lester Pancoast: Mr. Mayor and Commissioners, I think that the preservation of scale and character are the guarantee of economic_ stability in Coconut Grove. For years and years we've had an PAR of 2 in that area and there was no great development and there was quite a lot_ going on all around Miami. So preserving the FAR of 2 today is not the magic thing that will give us marvelous prosperity in Coconut Grove. Preserve the scaler art character and you'll preserve the eco- nomic viability of a very special place. Now go in for a heavier FAR and you'll provide t1.t same future for Coconut Grove that a lot of other little business areas in the City of Miami have already met. Think, for example, of Allappattah poor old Allappattah, it died. Coconut Grove could die too. All you need is a little too much FAR. Now how much PAR should we be thinking about? These num- bers are kind of impersonal. It is very hard for most of us, 1 include architects quite often, to picture the whole village with an FAR of 1 plus bonuses that equal character or an FAR of 2. T say that both you and we have to rely on these professionals whose full time job it is to equate these effects into numbers. They're sensitive, they're doing the thing that for years we've hoped that they would do and we now hope you will follow their advice as we hereby approve it, APR 10197 Mt. Aaron: This is a rebuttal because we d'an't have that system for a rebuttal here. But Mr. Acton talks about the Cannery with the 1.0 floor area ratio he talks about not withstanding the 4 floors and the bonus for the courtyard you'll never get your cannery or Ghi3rdelli Square and what's more when this man talks about the rights of the people, these people bought their property with the rights of a 2.0 floor area ratio and now these people over here are taking it away from them. Who's talking about rights? Mr. Jack Luft: We now have a 2.0 ratio and I want Lester and everybody to realize that the village center as it now i;; it has a 2,0 ratio. We want to preserve that, we don't want to limit it. Mayor Ferre: All right. Any other comments? Thank you very much. Members of the commission? Mrs. Gordon: I've listened very attentively and really in full sympathy with the comments on the economy and the developers' points of view and etc., etc. But I remember very vividly the reason why we're in these discussions at all today and that was because there was a threat that there was going to be an. enormous amount of highrise and bulk type of development taking place in the village and that we might .Lose the character th.3t is the reason why a two story building Lorraine just mentioned is priced at that enormous amount of money. It's because the village itself is so unique that that is the reason why values have been kept up. So I don't imagine they're going to tear that down and put up a one story. No, but on the other hand if they put up a one story they're not going to lose value perse because it still retains its value because it is in the area that it's presently located which is different than any other place in this entire Dade County. So my point of view is after a long period of research and a lot of people meeting and discussing and years, it seems to me about a year and a half from the time we first put a temporary provision on this area to restrain incompatable development. So I'm not going to jump the gun on my fellow commissioners, each and everyone have a right to be heard but when you're ready for a motion I'm ready to make one. Mr. Reboso: After listening to both sides I agree that our Planning Depart- ment I think is right. i f we want to preserve the Grove 1 think th.it we should stay with the 1.0 floor area ratio. Mayor Ferre: Now the recommendation, George, if you would repeat that again is that there is a 1.4 floor area ratio with bonuses that would take it up to 1.4 as I remember. Mrs. Gordon: 1.75. Mr. Acton: 1.75 maximum. 1.0 is permitted as a matter of right. Mayor Ferre: And then the bonuses take it up to as much as 1.75 but the bonuses for example the bonuses on the court yard which really as he said is the only practical bonus that you're really talking about, how much would that be? Mr. Acton: 1.4. Mayor Ferre: Yes, because nobody i, going to build a garage underground in Coconut Grove. Mr. Acton: Right, but I say...if they take advantage of that bonus could build a 1.4. Mayor Ferre: So in other words you're talking in effect what you're really talking about is a floor area ratio of 1.4. Mr. Acton: That's right, about the samp intensity, Mr. Mayor, as we have in the R-C, Mayor Ferre: Well, what are you shaking your head about, Jack? Mr, Luft: I just might point out that for the past couple of years there has been an effort on the part of several property owners in the Grove area to assemble what we could call large tracts of land in the village center. I might point out that most of the area between Commodore Plaza and Fuller Street is under one ownership; most of the area along the south side of Main Highway is under one ownership; much of the area in the Florida Rice Street area on several tracts is under one ownership. In fact, we do have the potential for some large developments and some of the developers have talked to me more than once APR 101975 about underground parking. We have the playhouse tract. We do have,.. Mayor Ferre: You mean for underground parking? Mr, Luft: Yes, several of then have, yes. And underground parking in this case might be depressed parking. You wouldn't have to dig like a cave, you know. Mayor Ferre: All right. Well, I'm going to express my opinion. I think that we have got to do everything to maintain the character of the Grove. Now the question comes as to how you define, how we keep the character of the Grove and I think the zoning is going to be an important portion of it. Obviously it's not going to be, it has never been the key factor es to what does happen in San Francisco, Paris, .exi.co City, Houston or Miami - it never has been and it never will he. Now, I do think I would be against a 2.0 floor area ratio because I think that is going to give too much density to that gen- eral area. Your real .limitation is yoine to be your four stories I think. However, I would be personally, and this i just one voice out of five, amen- able to see that go to say 1.5 which 1 don't think does any great harm to the totality of the picture. That's my personal opinion. In other words I don't think that going from 1.4 or. 1.0 to 1.5 i:; going to make that much of a dif- ference and I think it will give the flexability for the proper type of devel- opment that you need in that core area. That's my opinion. Mr. Luft: Could I add one statement? 1 think Mr. Treister made a telling statement when he mentioned that he doubted that anybody would ever reach 2.0 in a FAR... Mayor Ferre: He's probably right especially with a 4 story limitation. Mr. Luft: Right. What he's saying is that it is very difficult to develop those intensities and we've seen with our new development that it takes some imagination to even reach a 1.0. Beyond that we could definitely see some development ranging in that area between 1 and 1.5. The question then becomes does it matter, do we just lay it out there and let them take it or do we once we reach that level of 1.0 where it starts to become difficult do we want to take a further closer look at it, start looking for some plazas and terraces and some open spaces to work with it. They can reach that 1.5 and they prob- ably will with some careful planning and they could with these bonuses. Mayor Ferre: That's the whole key to it, is the'l interest and the careful plan- ning and I think the economics of it is what is.going to encourage it. In other words the success of that new building where the Kaleidescope Restaurant is the success of that kind of a building to me is what really encourages that type of development. You know bonuses and zoning variances that really has nothing to do with it; it is the economic success of the project itself. You know we in government always want to figure how everything is going to end up and always want to control everything and the truth of the matter is that we never do it. You know in the free flow system it just happens the economy of it makes the decision and not the governmental structure. It always works out that way. Rev. Gibson: J.L., maybe you could tell me this. If we haven't we can't hardly reduce it, can we? Huh? I say, if we have it we can't reduce it but if we don't have it we could increase it. Is that right? Mr. Plummer: Well Father, you know it is as broad as it is long. We're at 2 now and the point that I've made before we've not seen any development good, bad or indifferent as far as buildings in the Grove. Now if you take and you reduce it to me that surely is not an incentive to try to get someone to come in and do some developing and this is where I'm on the horns of a dilemma. If in fact what he is saying through bonuses we can go up to a 1.75 or realistically to a 1.5 you know what we're really doing is we're saying we're taking it away but if you'll be good boys and do it the way we want we'll give you some of it back. That's really what they're saying. Rev. Gibson: I don't think you have got my point. If we go to work and do all of that .. . Let me do it this way. Let's assume that we do all of the develop- ing we want to do based on this 2 point business you're talking about, If we have spoiled the Grove or destroyed it according to the opposition we cannot go then, you see I heard that argument this morning, we cannot then reduce it. Do you see what I mean? However, if we don't have it and the need arises we can then produce it and increase it. Isn't that right? Ok. I think I'm in tune, ;3 APR 1_ 01975 Mrs. Gordon: What you're saying, Father Gibson, is the way I feel about it. At this point in time I'm ready to move forward and reiterate what we did at the last hearing. If in fact it should be at some future time recommended by the department that there be some additional bonuses considered that might give additional floor area ratio we could then take that up but at thig point t'm going to move it. Mr. Plummer: Let me just for a point of clarification. Mr. Acton, if we move as the motion states at 1.0 to change it as Father says at conceivably a later date will this be the vehicle of variance or changing of the ordinance? Mr. Acton; You'd amend the ordinance. Mr. plummy-.rt It could not be done by a variance? Mr. Acton; Well yes, you can do it by variance but I'm saying we would recom- mend a change in the ordinance. Mr. Plummer: Rather than a variance? Mr. Acton: Yes. Mr. Plummer: But it could be done through a variance? Mr. Acton: Yes. Mr. Plummer: Ok, I've got no problem. Rev. Gibson: These are good businessmen out here. See, business is not my hussle. You know something else is my hussle. Ok? These men know how to put that package together and if it can be demonstrated, I'm only speaking for Theodore as long as I'm here. When I'm not here there is nothing I can do. If you demonstrate to me at a reasonable length of time while I'm here that what we may do today is detrimental and stifles the growth of the Grove based on what you're saying I promise you forthwith I would be the first to come here and reverse my position. Now I think that is reasonable and I think that those of us who have put in our life, and I've put 29 years in the Grove and I've always prided myself even when I got an opportunity to go overtown and take the big church over there, 1 pri(3ed myself on living in the Grove where the number wasn't quite as great and that I could still survive. Now I want to make sure everybody understands that. Mr. Mayor, before we vote you splke of 1.5 instead of 4 and I saw the people who advocated 1....well, who were not for the 2 indicate that there was no great harm to not going to 5. Is that right? Mayor Ferre: No. What I was saying was this; that there is only one bonus that really means anything as far as I can see and that is the question of courtyards because underground parking and a theater are really, to me that doesn't mean anything. All I'm saying is that I think that the bonus should go, it's not going up to 1.75 because nobody is going to put in a theater and underground parking - I don't think. What I'm saying is go up so there is at least a 1.5 attainable in this thing and I see nothing wrong with 1.5. Mrs. Gordon: Mr. Mayor, may I make a recommendation with regard to the adopt- ion now with a direction to the Planning Department to come back at some future time with perhaps some additional bonus recommendations or a modification in this. But I don't think we should at this point haphazardly make any alterations. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI TO INCLUDE A NEW ZONING DISTRICT, ARTICLE XIV-1, SPECIAL COMMUNITY COMMERCIAL - C-2A DISTRICT, PRO- VIDING FOR INTENT, USE REGULATIONS, LIMITATIONS ON USES, PEDESTRIAN STREET, AREA, YARDS, HEIGHT, FLOOR AREA RATIO, FLOOR AREA PREMIUMS, PARKING, AND SITE AND DEVELOPMENT PLAN APPROVAL, AS HEREINAFTER SET FORTH; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION, APR I_ 01975 Passed on its first reading by title at the meeting of March 12, 1975, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Commissioner Reboso; the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: Nohe. ABSENT: None, THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8382. 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. ON ROLL CALL: Mayor Ferre: 1 would much prefer to see a stronger incentive so that there will be, there would be some viable growth in the commercial portion of the Grove and it would be much happier with a stronger incentive. I hope that we'll be able to work on that in the future and I certainly hope that the administration would take that in serious consideration and of courr:e we'll come up to public hearings on it again should there be any changes. But I think it is a step in the right direction and I vote yes. Mr. Acton: Mr. Mayor, would you also give the same type of direction to the department that you did on the C-2A realizing that one of the shopping areas this is going to be applied to is at Bird Road and 27th Avenue and that is where one of those Crook & Crook stores are; it does have... Mayor Ferre: I don't understand what you're saying. Mr. Acotn: Well, what I'm saying is that the C-2A is going to be applied to the village center; .it is also going to he applied to that shopping area that exists at Bird Road and 27th Avenue. So to include these same type of provis- ions in the C-2A as we will in the C-2 as it pertains to marine wholesale act- ivities. Mayor Ferre: A31 right. Mrs. Gordon: Do you want a motion on that? Ok, so move it. Thereupon the above motion introduced by Mrs. Gordon, seconded by Mr. Reboso was passed and adopted unanimously. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ADD- ING A NEW SECTION 6 TO ARTICLE XXIV, "SIGNS"; REPEAL- ING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAIN- ING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of March 12, 1975,was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Commissioner Reboso, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vute: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES; None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8383. 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, 55 APR 1. 01975 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDNANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE, FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION FROM R-2 (TWO-FAMILY), C=-2 (COMMUNITY COMMERCIAL), AND C-4 (GENERAL COMMERCIAL) TO C-2A (SPECIAL COMMUNITY COM- MERCIAL) FOR THE AREAS OF THE CENTRAL GROVE DISTRICT AS SHOWN ON THE MAP ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF .SAID ORDINANCE NO. 6871 BY REFERENCE AND DES 'RIPTION IN ARTICLE III, SECTION 2 THEREOF; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PRO- VISION; AND PROVIDING; FOR AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of March 12, 1975, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8384. 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. PERSONAL APPEARANCE 38, OS,MAUREEN HA5WITZ BLKEWAYS NOW APR 1 U 1 J/5 TIE-IN - CITY PLANS AND COUNTY PLANS FOR BIKE PATHS Ms. Maureen Harwitz: My name is Maureen Birdie Harwita, I'm a member of 'Bikeways Now", a coalition of civic clubs, bike groups and interested cyclists in the county. I thank you for the privilege of... I am here because the county is about to take action on their recommended Metropolitan Dade County Bike Plan this Wednesday, April 16th, God willing. If the plan goes through as presented to the County the City of Miami as all of the other municipalities will be shafted once again in Decade of Progress Bond Issue moneys. The concept of Metropolitan Dade County seems to be you put it wherever the cities aren't and any of us who live in the municipal areas.., Rev. Gibson: We didn't hear that. What did you say? Mayor Ferre: Can we correct you? There's one correction. The way the county goes about it is they tax us and then then put it... Ms. Harwitz; And then they put it where we are not. We get taxed to put things in the unincorporated areas and it's not fair. If we just address the issue of who are bike riders; in the Dade County Public School System there are 200,000 children who don't get any kind of Dade County Bus System who live with- in two miles of their schools. So right there you have 200,000 people who could be riding their bikes to school if it were safe and if bikes could be stored once they got there. Then you have adult commuters who are protesting the $10 a barrel oil prices and riding their bikes instead of using cars. And you have those who use bikes for recreation. Their problems basically are safety and storage of bicycles when they get there so they won't be ripped off. Where are the major proportion of the cyclists located? They're located inside the munici- palities, they're not located down near Perrine or off of Old Cutler Road, What 56 APR 10197 is the county doing and what is their policy? The county is putting bikeways on Old Cutler Road and their policy is to continue putting bikeways near Old Cutler Road and really not addressing the needs of the community. I'm here because bicycling is a serious mode of transportation and for the people who have grown up in Miami it's been a fact of transportation in Miami for years. The mail has always been delivered by mailmen on bicycles. What I would like to see happen today is a resolution for the City of Miami requesting that along with the adoption of this county plan that those municipalities that have already submitted plans be included and (2) that the City of Miami re - Vest minimum county planning assistance to link up their own commuter routes with those municipal plans that have been accepted so that you have perimeters to plan with. (3) I'd like to see a resolution from the City of mlami Corn - Mission to ask County Public Works to ce:i!-;e and desist from putting up their hazardous green and white bike route signs. The signs that they've put up along Main Highway are a threat to life and limb. They're in the middle of the path, some of them are at head level and I'm afraid there's going to be a serious accident. (4) I would like to see the City of Miami direct its very own Planning Department to start working ca a commuter route within the City of Miami. And I feel if we can get these a trong statements from the City of Miami Commission that we will go a long way to making the county more responsible to our needs. There is an additional factor; the county doesn't want to fund any bikeway that runs through a city. - automatically, if it is in a city they don't want to touch it. Yet we are all equally sharing the Decade for Progress Bond Issue and that's unfair and they're not doing that with the rapid transit moneys, nobody pays extra because they live in a city to support that. It's equally spread. So I think that maybe the County Com- mission should be made aware that we feel that it is a discriminatory economic policy. Thank you. Mayor Ferre: I want to tell you, Miss Harwitz, that there is not one commis- sion meeting that goes by where this commission does not pass a resolution really the word is begging Metropolit:a:: Dade County to take us into consider- ation. And I want to tell you that with some notable and few exceptions that never happens. For example, in the Decade, and the Manager is now making up a report and I would just take.a guess that even though 23% of the leople of Dade County live in the City of Miami and therefore, 23% of the debt will be paid for by the citizens of Mimi that we won't even get in this first 127 two or three percent of the total money spent. And at the rate we're going if we get 5 to 10 percent we're going to be very very lucky and that's the way it always goes. We're continually fighting this battle. I think we ought to pass once again one more resolution asking the county that they do have an obligation to the people of the City of Miami to provide them with our bond money our fair proportionate share. You know Metro is always complaining in Tallahassee about "Porkchopism" and how we don't get fair shares for South Florida and Dade County and then they turn around and do the very same thing to us that they're complaining that somebody else is doing to them. You know it is always depending on whose ox is getting gored. Mr. Andrews, do you want to add something? Mr. Andrews: May I suggest that since this is such a good resolution except with the last item that you have in it which the city does have a plan for the entire city that perhaps this is one time you'd want to change the form of your resolution by indicating to the effect that the City Commission enter- tains a resolution as suggested by Maureen Harwitz for and then continue on with your resolution to the county to support a citizen's request. This doesn't initiate with the commission although you expressed your interest so many times in the past. Here is somebody that is coming before you to ask assistance for ... Mayor Ferre: All that he's saying, in other words your a citizen... Mrs. Harwitz: I'm not a citizen of the City of Miami...I'm San Souci in North Miami. Mrs. Gordon: Maureen is saying that this city should support the request of all the other municipalities that might not have.... Mayor Ferre: saying, The Mrs. Harwitz; I would like Mrs. Gordon; Well the same thing is true in North Miami that you were just same thing is true in North Miami as in the City of Miami, I really wouldn't like them to feel that I'm the trouble maker. them to feel that you're doing this on your own initiative. All right, we'll do it on our. own, 5? APR 101975 Thereupon the preceding motion, introduced by Mrs. Gordon, seconded by Mr. Reboso was passed and adopted by a unanimous vote. Mrs, Gordon: And if you Like, maybe some of us will appear at the time of the hearing. Mrs. Harwitz: It is scheduled at 9:00 A.M., Wednesday the 16th. Mr. Lloyd: Mr, Mayor, I wonder if I might request that Miss Harwitz stay and talk to Miss Carter, our resolution writer so we can prepare that in form to be sent to the Commission in the manner in which you have indicated. Mayor Ferre: Mr. Andrews, I think this is in important enough item that a representative of the city should be at the Metro Commission and ask to be heard and go on record requesting that some of these moneys come to the muni- cipalities for these express purposes. Mr. Andrews: You'd.be interested to.know that the bikeway that has been refer- red to here that was recently constructed by Metro is 9 miles long running down Cutler Road beginning at Snapper Creek and Red Road and cost a quarter of a million dollars going south. Mrs. Gordon: Mr. Andrews, if you'll compile the kinds of information we should have perhaps a number of us could be down there on Wednesday. 39, PERSONAL APPEARANCE JOHN HORAN APR 101975 CEREBRAL PALSY FOUNDATION PROPOSAL FOR DEVELOPMENT OF SPECIAL PARK FOR CEREBRAL PALSY VICTIMS Mr. Plummer: Mr. Lloyd, you started to tell m? something about Cerebral Palsy situation so before you start I think you ought to hear this. Mr. Lloyd: According to my understanding of the... Mayor Ferre: John, before you do that why don't we let Mi. Horan make his statement and then we'll see what exactly we can do. Make it quick, will you please. Mr. John Horan: I'm here today to speak about what we are calling exterior sensory learning environment. This is not, it has been mentioned as a park it is not really a park. It is a contained environment for youngsters who have real difficulty in social recreational activities in the outside. Our young- sters especially are cerebral palsy youngsters, have very great experiential deficits. So our association proposes this special environment where we can do an outisde kind of program in a place where the situation is such that the child meets with success instead of failure; that he is able to cope with his environment and learn from his environment. To do this we must build or con- struct a specialized situation. The usual conventional recreational equipment that you find in a regular park is not feasible for our youngsters with their multiple handicaps. So United Cerebral Palsy with their past expertise in indoor programming proposes this as an outdoor specialized environment. To do it we are asking the city's help; we are going to sk the county's help; we have already asked the state for help. Mayor Ferre: What you're specifically talking about is a park that would be equipped for children that have this affliction. Mr. Horan: Yes, your honor, but it is a contained situation. People think of a park as a very broad... Mayor Ferre: I think the best way to do this, 1 would respectfully like to ask the administration to have someone meet with Mr. Horan and whoever you might designate to study the possibility and come back to us with all the ramifications legal and otherwise. Is that acceptable? Thank you very much, Mr. Horan. 58 APR I. 0 1975 110 40, SUBSTANCE ABUSE FACILITIES APR lo Nib ORDINANCES_WDEPINI 'IONS ►► A,► _I►g►i » C►, `►D'? ►tE„ Mt. Plummer: Mr. Mayor, there was an amendment. Do you have that now, Mr. City Attorney? 14(a)? Mr. Lloyds Yes, I do. I'll have to get it. Mayor Ferret Does that affect 14 (b):' Mr. Plummer: It actually affects them all except R-4 or more. Mr. Lloyd: I have it here. Actually, our recommendation is not an amendment to the Substantive Abuse Ordinance but an amendment to other sections of the Article XXXII - Conditional. Use and Section 6 of Article XXXI - Variances which would be as follows. I can pass out this memorandum ... Mayor Ferre: Why don't you do that in the interest of time. Mr. Lloyd: It will have to be handled by a subsequent amendment to another portion of the ordinance but it would not be included in this ordinance. It explains it in this memo. It would be appropriate to pass this ordinance now. (Thereupon the City Attorney read the ordinance by title) Fourteen (a) is not amended, we will have to present the amendment to another section of the ordin- ance which we will do probably by the next Commission Meeting. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING SECTION 2, ENTITLED "DEFINITIONS", TO PROVIDE DEFINITIONS FOR SUBSTANCE ABUSE, AND RESIDENTIAL AND NON-RESIDENTIAL SUBSTANCE ABUSE FACILITIES; REPEAL- ING ALL ORDINANCES, CODE SECTIONS, OP. PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERAf3IL1TY PROVISION. Passed on its first reading by title at the meeting of March 12, 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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8385. The City Attorney read the ordinance into the public record an,i announced that copies were available to the members of the City Commission and to the public. Mr. Sam Jacobs: Sam Jacobs, the program director of the Model Cities Therapeutic Community. First I'd like to commend the commission on these amendments and I find them to be very condusive to the services that we ought to. But there is one area here I have to open for discussion, that's the area where the standards stipulate that we must have 10,000 square feet of space to offer services in order to have a residential facility. In my experience it has been, the director of a predominantly black program for the past year and some months, I find that to fulfill this particular area of your criteria is practically impossible when we speak about the which is the Model City area. It is very difficult to find a piece of property in that area or on ther peripheral that has 10,000 square feet that's condusive to services that we offer with the moneys that we have in our budget to rent or lease such facilities. And in this one particular area from all the feedback I've gotten from the Model Cities Treatment Program perse from their planning council, from Task...and the comprehensive drug program the rate of blacks in treatment is very pathetic. They don't remain, most of the programs in areas that we do have seemingly...aren't applying themselves in a more positive way toward the people of this particular area, And this is the area of the amendment that I would like to see on to. 59 APR 101975 Mr. Andrews: Mr. Mayor, this may be a point of confusion; I'm not sure of thj 100000 square feet limitation he's sp?aking about and neither is Mr. Acton, t don't know that this exists and unless... Mayor Ferre: Well, where did you get this from? Mr, Jacobs: I have here tha standard abuse facility amendment preliminary draft, Planning Department, June 11, 1974. it says. Substance Absue Facilities Standards, the following minimum standards... Mayor Ferre: Excuse me, may I see that? Give me the copy of it and I'll show it to the Manager. Mr, Lloyd: Mr. Mayor, is he referring to the minimum lot size? That is changed. It is 20,000 square feet in the copy I have here. Mr. Jacobs: The 20,000 was typed in but I was informed that it was really 10,000 instead of 20. Mayor Ferre: What we're voting on is 20. Mr. Jacobs: That makes it much worse; that makes it totally impossible... Mr. Acton: Mr. Mayor, as we informed the commission, we are in the process now of drafting a new all encompassing substitute ordinance that will change the standards for all types of residential treatment facilities including work release, substance abuse and other ones. Now, in that ordinance we're recommending a minimum of 10,000 square feet for the R-2. The other districts would require a minimum lot size as established in the district itself. I don't know if that's what he's looking at, a preliminary draft prepared on the new proposed ordinance that has not been recommended to the City Commission by the... Mayor Ferre: What he's saying is he cannot meet those requirements under which you have...now. Mr. Jacobs: Right, we can't reach the requirements of 10,000 square feet if we're going to... Mr. Acton: Ok. I think the proper procedure is to have this gentleman meet with either myself or the planner in my department to discuss with him the new standards. This is not the time, I don't think or place... Mayor Ferre: Is he grandfathered in? Mr. Acton: Yes, he would be if he's operating an existing program. Mayor Ferre: You're not? Is his an existing program? Ms. Linda Sloate: We've been working with Mr. Acton and I do want to commend him, but I just got a letter from you... I'm Linda Sloate, regional coorc'inator for the Florida Bureau of Drub Abuse Prevention. We license all residential and non-residential drug treatment and education programs in Dade and Monroe Counties. Mr. Jacobs' program is only one of many that is in a dilemma that I wanted to bring to you that includes the concept of lot size but is a little bothered in that. And that is that we have been working now with this Commission and with your Planning Department for almost 2 years on the drafting of this ordinance and with the exception of the lot size on this substance abuse ordinance, not the one on Community based treatment facilities that may take us another four months to get before you that we are working on. According to a letter dated March 24th from Mr. Acton to myself it says that only 2 of our existing resi- dential. programs will be grandfathered in and that that was a decision of the Law Department as requested by Mr. Lynch for Mr. Acton's reply to me. And we've been under the impression from the very beginning that existing residential and non-residential treatment programs will be allowed to get the certificate of occupancy that has now been held up for over 18 months because nobody will come in effect to see whether or not they can get it until the ordinance is passed and now you know the amendment to the ordinance and this has lasted for ages, The letter specifically says that the Law Department informs us that existing facilities with certificate of occupancy permits would be grandfathered in under the ordinance but that facilities operating without a certificate of occupancy which again I reiterate they have not been able to get while this whole process has been going on and all new facilities would have to go through the public hearing process and conform to standards established by Substance Abuse Facilities amendments - The amendments before you in 14 (b). My concern 60 APR .0197 is not only the particulars of this amendment but the fact that if once passed the entire section 14 today will become effective according to this latest letter in 30 days and then we will just be able to get your people to come out to inspect to find out whether or not we can get the certificates based on these standards. And after two years I think it is an incredibly long period of time. Thank you. Mayor Ferret Now, where do we stand? Mr. Acton, Mr. Andrews, t can't help but agreeing. You know it takes us so 1cnq getting these things done and then we end up doing something that we only et.andfather in two of them and it creates all kinds of problems and then you put cut the type of restrictions that obvious- ly,— You know most of these operations can't live with that type of a minimum of 10,000 foot requirement, 20,000 loot. requirement. Mr. Acton: I think we're mixing apples ... This ordinance was formulated upon the recommendation of the City Commission quite some time ago back when Dr. Ben Sheppard appeared regarding residential drug rehabilitation programs. So if the Commission recalls the Mangler did appoint a three member committee and we started drafting substance abuse ordinance for your consideration. But I believe Miss Sloate is speaking about y certificate of occupancy which in- volves building code restrictions and has nothing to do with this particular ordinance. I don't know where Mr. Ferencik is but the problem of building code violations that must be corrected in order to be issued a certificate of occupancy lies with the Building Department Mr. Plummer: Well, but I think, George, what she's talking about unless she had the 10,000 square feet. Right.? Mr. Acton: Under this new ordinance that's correct but there are existing programs running in various parts of the city and they haven't been issued a certificate of occupancy because they must meet or bring the building up to minimum building code standards and that's the reason they haven't been issued the certificate of occupancy.... Mr. Plummer: Well, lot me ask you this. How in the hell are they even allowed to operate without a cert..ficatc of u 'cul,ancy? I couldn't go out here and build a building today and open it tomorrow if I didn't have a certificate of occupancy. How are these people being allowed to operate anything? Not just substance abuse facilities but any kind of facility without a C.O.? I don't understand that. Mr. Ferencik: From time to time over the pest years some of these drug abuse and work release centers, one type of a r.•enter or another have gone into operat- ion without any permission. Now whenever we find this we immediately go in and the Building Department and the Fire Department and we cause these people to up- grade these properties. Now some of these work release centers, their occupancy amounts to nothing more than the same type of occupancy as an apartment house and there is no real control that's exercised by the present zoning ordinance. This is why we've recommended for a long time that these special provisions be put in the zoning ordinance so there would be definitive control. Now there are none of these units operating around the City of Miami at the present time to the best of my knowledge that don't have certificates of occupancy. Ms. Sloate: Mr. Plummer, excuse me, I don't know your name but I respectfully have to disagree with that. One of the reasons that there are programs operat- ing without certificates of occupancy is because when applied for they were told there was no category under which they fit. That's what this all started two years ago. Mr. Plummer: No. Please, you're getting off of what I'm saying. George is telling me right now that most of these facilities that are operating today are not operating because of zoning but because of standards - that's the minimum South Florida Building Code. Now you know :somewhere along the line this city had better wake up and we'd better stop letting people get inside and then we've got to fight to get them out. Now if what you're telling me is trye our codes and our police authority aren't worth A tinker's Mr. Ferencik: You know we're talking generalities. I don't know the specific places they're talking about. Dr. S}repperd not too many months ago was up here over a work release center which he'd established out in the Grapeland Heights area and we made him move out of it. Mr. Plummer: Well, how did he get into it in the first place? Mr, Ferencik: Well, he just went in, They went in without our knowledge. Village South is operating without a certificate of occupancy... Mr. Plummer: And whathas been done about making them cease the operation? Mr. Ferencik: It's in Circuit Court at the present time. It's in litigation: Mr. Plummer: But you see, if yogi didn't let them get in or you moved them out you wouldn't have to take and spend all of this taxpayer's money to tie our lawyers up for months and months and months. Mr. Andrews: I respectfully ask how do you get them out? Mr. Plummer: Well, now I'1.1 tell you. if I've got to go drawing you pictures.,. Look, if I go out here tomorrow and 1 open up a funeral home and I put it right in the middle of a residential area. Are you telling me that you can't go in there and tell me, "No, sir, you're not ding to operate that funeral home," And I say no, you're going to take me through the processes of court. Mr. Andrews: night. Mr. Plummer: That's ridiculous! Mr. Ferencik: We very recently turned the electricity off on a unit that was operating without a certificate of occupancy and two days later the Circuit Court ordered us to put it back on. Ms. Sloate: I think there are two different issues, one is zoning and one is the other basic building standards. Now in terms of the standards our prob- lem has not been meeting or not meeting them. It has been that one inspector won't come out unless we already have the other thing. Ok? Now Mr. Jacobs went and asked for a certificate of occupancy and he can give you the specifics as what occured and what he was told. We like the new ordinance with the ex- ception of the minimum lot size but our concern is that by the time it becomes effective, you know each program has to go through several hundred hearings and then to find out that they do or do not meet the standards that have been set after their existence; and we've been under the assumption from the very beginning that meeting these standards would be a requirement of new facilities not existing facilities. Thank you. Mayor Ferre: What are you shaking your head about? Mr. Andrews: We're talking about the regulation by government of the use of private property and how difficult it is and Mr. Lloyd should really be telling you this, how difficult it is to force people to conform. Conformance can come about but sometimes it takes a long time through the court process to do so. Mr. Plummer: What you're telling me is that our laws aren't worth a tinker's • Mayor Ferre: Oh no, you'd better ask Bill Frates who's sitting right here in the audience and he can tell you better than anybody else can that the word legislate, which we're supposed to be doing around here comes from the word legislatus in Latin which means to put into affect that which exists in spirit which means in other words that you cannot legislate laws that are unenforce- able because what happens is exactly what is happening - mainly nothing. Mr. Plummer: Mr. Mayor, you know I appreciate your lesson in Latin. Mayor Ferre: I knew you would. Mr. Plummer: Let me tell you something. It is beyond my wildest dream that existing in this city right now in a totally R-1 district, single family homes it is consistently single family homes there is a problem existing with 40 people living in one house and that this city cannot through its police powers do anything about it. Now I ,just can't buy that. Well what in the hell good are any of the laws that we enact? Mayor Ferre: That's the point. Mr. Plummer: Now, all I'm saying is we've got this situation in the Grove and if I lived next door to it I don't think I would be as amenable as those people are that at 11:30, 2 and 3 O'Clock in the morning they've got these people out there screaming and hollering in the name of the Lord, if you will. Well, friend this administration hasn't found them because it's been going on noW for almost 6 months. They went down there and turned the electricity off. The courts turned it back on. I don't understand that kind of stuff: INAUDIBLE Mr. Plummer: The legal proces::, they can have 4 unrelated people in there; that's it, that's the law. Now we go down there... You mean to tell me that the City cannot go down there and physically enforce the law? Mt. Andrews: Yes, we could physically enforce the law but you can't physically evict people. The city does not have the power, as I understand it, to physi- cally evict people from private'propert.y. Mr. Plummer: Even if they're breaking the law? Mr. Andrews: Well, the law, the particular law you're talking about is set by the City of Miami and in those kinds of legislative laws they don't have the strength that state laws have. Now Mr. Lloyd, you'd better speak up to this so that you can give that a better explanation... Mr. Plummer: Yes, you'd better because the way its going down there tomorrow or 30 days from now you're going to have 80 people living under that one roof. I don't understand... I know you've got a hearing; you've had all kinds of hearings. You've had hearings for turning off the water, you've had hearings for turning off the electricity but the simple fact remains that they're still there thumbing their nose at us and the people in that area are suffering because of it. Rev. Gibson: Mr. Lloyd, explain this to me, sir. If what I heard said here a few minutes ago and I wanted to build an apartment house in a single family residence all I have to do is to tell you to go to hell and go on and build it. Is that what you're telling me? Now wait a minute, man. If what I just said is not true and you're shaking your head then I want to know how it is that if they don't have the right to occupy where they are how do they do it? You know either the laws are operative or they're not operative. Now I'll tell you what I'm going to do. I'm going to watch to see because if what I hear based on what Plummer said is true then I'm going to make sure that you will have to check that law and you're going to have to go to court and fight like hell to uphold our right to do what we do. Mr. Lloyd: We have the alternative, of course, when ire find a violation of law of proceding according to the penalty violations of our Code and going to court and finding these people guilty of a violation. And if we do that maybe they get fined and they keep on doing it. We go back to court again and the process is repeated and eventually the courts find them guilty. Now I also understand that with this particular area the State of Florida even though they are in violation still continues to give them funds which is wrong. But what we're talking about in the Coconut Grove is the Harry Krishna. Now as Mr. Ferencik has suggested, pursuant to the South Florida Building Code he instructed the appropriate officials to turn off the water and electricity. They were in court a day or two later; we were enjoined temporarily from doing that. Now pursuant to the commission authority we have filed a counter claim against them to permanently enjoin them from either being in there. Now the only alternative would be to move city forces down there and physically move them out and I hesitate to state to you what would happen to us legally if we attempted to do that. Mr. Plummer: All right. Doesn't the law presently state that they cah have 5 unrelated people living in the same household? That's the law. Mr. Lloyd: Yes. Mr. Plummer: Well when the sixth person moves in they have violated the law. Is that correct? Mr, Lloyd. Yes. Mr. Plummer; A11 right, Now is there anything to stop the administration, and I don't want to talk to one given issue please. I'm not trying to pick on any- body; any area that you want, anywhere in the City of Miami. Is there anything tp stop you since they have now violated the law to take out a warrant for their arrest? Mx, Lloyd: We do that all the time and we've got a conviction. Mr. Plummer: You know, this is beautiful. You've got all of this and you know what you've got? A hell of a lot of paper because they're still down there thumbing their nose at you. Mr. Lloyd: Now just a minute.' This is the very reason why I appeared before this commission of requested t're commission to give me authority to file a counter claim in the suit that they brought against us to permanently enjoin them Both being in there and evict them. The hearing is coming up shortly on that. Mr. Plummer: I'll just send a letter of condolence to the people that live around there because obviously you all aren't going to get anything accomplished, Mr. Lloyd: I think it is premature to make that statement. Mr. Plummer: Well, maybe it is unfair but all I know is... Did you see the new sign in my office? The only measurement of ability is result's - and the results are they're still there. Now when you show me that they're out or liv- ing within the law of 5 or under in that house then 1 can measure the results. At this point I see no results. Now if that's unfair, I'm sorry. Ms. Sloate: Excuse me, I don't want to belabor the issue and I share Mr. Plummer's concern about law abiding citizenry. I don't think with some other agency or family has a whole lot of bearing on this but I would like to share with you maybe an example of how difficult complying with the law can become. When a program, any program two years ago wanted to move into a residential, and I'm not even talking about R-1 I'm talking about R-4 areas, they had to find out about whether or not they were going to be able to live there in order to sign the lease. Then if they signed the lease because they were told that the zoning permission or occupancy would be given once they'd met building standards. They would move in, sign a lease spend the money for rennovations that would bring them up to those building codes to find out that there was no category for them within zoning. Mr. Plummer: Shouldn't they have found that out before they ever spent the first dime? Ms. Sloate: But that isn't what they were told. Mr. Plummer: Who told them? Ms. Sloate: I don't know who was here then. Mr. Plummer: Mr. Ferencik was. Mr. Andrews: Wait a minute. You'd better point out that most of these get started by the organization moving into an area. Mr. Ferencik: You know you're talking about something that has taken place over a number of years. The first units that came in here were generally drug rehabilitation centers. Lc'i me name one specifically was Spectrum. Spectrum came in and they moved into a house up on N.E. 38th Street or somewhere in that neighborhood. They just moved in it. Now as soon as we found out they were in there we went up there and we told these people that they did not meet certain minimum safety requirements and that they had to take immediate steps to make certain corrections in the property. Now most of you know this program. Father Harrison is the head of the program. There is no category specifically in the zoning ordinance that deals just exactly with this subject so we were faced with trying to maek those things in the ordinance fit. We finally told these people in general that they could go into R-3 property, existing R-3 property and most of this stuff they tried to get into was old existing buildings. I don't know the particular property the lady is talking about. The Spectrum House it is in an R-3 or R-4 zone; they moved into it and they made the necessary corrections and as far as I know it is in operation to this day. Now the first thing you know some of these places started getting funded thorugh federal and state sources and they started talking about making some pretty big investments in properties, building things for this particular purpose. And at that point in time we said we believe that before you go any further a study should be made, certain definitive ground rules should be set up and ordinances should be amended so that everybody knows exactly what direction they're heading in. There's no question but what there were a bunch of old properties that were put to this purpose and some of them were marginal, some of them are marginal. The Salvation Army runs one downtown; they run a rooming house in a building that for the last. 35 years has been a rooming house. All they do is occupy it under the name of 64 APR10175 the Salvation AFtmy and the people that live there don't pay tents They live in there free now where formerly the same groups of people lived and paid rent. Now this doesn't really seem to do any great violence to the zoning ordinance but problems arose. What I think this lady is trying to tell you is is hopefully this ordinance is designed to cissolve these problems and that's what you're being asked to do is to pass that ordinance so we do have these ground rules. Mr. Plummer: If we do pass this ordinance and they don't wish to comply and they move in we're still going tc have to go through the long drawn out proced- ures that you've followed in the past to get them out. Is that correct? Mr. Ferencik: If the Law Department advises me that we can go down there with bulldozers I'm all for it. Don't misunderstand me but I signed a swort state- ment on the property in the Grove that there are pressing dangers on that prop- erty and the Circuit Judge saw fit to set the hearing on May the 8th. Ms. Sloate: We are in favor of this ordinance. My only question about it is that those that are in the process of cc.nplying with existing building code standards using whatever funding they can'get, federal and their own for renno- vation purposes to do such are not going to be able to get a certificate of occupancy in 30 days when this comes down saying that they have to have certain square feet and things that they don't now have. Mrs. Gordon: She makes a very valid point and 1 think we're really going over this thing multi -times. How can we solve it, Mr. Ferencik? Should we defer this for 30 days and then that would make it 60 days, the date of compliance or you suggest some other remedy. Mayor Ferre: Let's not defer anymore... Mrs. Gordon: Well, let's give it a solution because there is a problem here. Mr. Ferencik: If you adopt the ordinance existing premises they're then going to become legal non -conforming uses... Mrs. Gordon: They don't have a C.O. yet, that's what she says. Mr. Ferencik: Well I don't know what they have tc do to get the C.O., I would have to evaluate whether.... Ms. Sloate: They have to meet existing standards is what they've been told and the new standards are stricter than the existing standards which means that they won't be able to be grandfathered in. Mr. Ferencik: If that's the problem which I don't know if administratively, as long .is they've made the application we would regard it as a problem. If you want to give the lady the relief say that any applications that are in process are acceptable under... Mrs. Gordon: If you will say that then that would solve her problem. Is that correct? Ms. Sloate: Including the square footage. Mrs. Gordon: Well, that's what he's saying; any application they've processed will be considered as grandfathered. Mr. Acton: Mr. Mayor, I just want to bring up one point. This pertains only to those residential facilities that are presently allowed to operate under the zoning ordinance. In other words we can't grandfather their use in because of the zoning. In other words there is an incompatable use in that particular category. Mr. Plummer: You're not in any way indicating to waive the South FLorida Build- ing Code? They've got to come up to Code. Ok. Mrs. Gordon: Does that solve the problem where you're concerned? Ms. Sloate; Does that include the question of space as well as the building Code? Mrs. Gordon:. If you meet today's code and you've made an application you would not fall short because of time, Mayor Ferree We have to move ahead. Now if it doesn't solve the problem here's what I'm going to tell you: I will recognize you anytime in any future commission meeting if you have a problem or you haven't been satisfied you come here and I'll recognize you at that time. That solves the problem for how. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, AMENDING ARTICLE IV BY ADDING A NEW SECTION 43, ENTITLED "SUBSTANCE ABUSE FACILITIES", PROVIDING FOR STANDARDS FOR SAID FACILITIES; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reacting by title at the meeting of March 12, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, seconde3 by Commissioner Plummer, the Ordinance was thereupon given its second Ind final reading by title and 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 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8386. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY INCLUDING RESIDENTIAL SUBSTANCE ABUSE FACILIT- IES AS A CONDITIONAL USE IN ARTICLE VI (R-2 --TWO FAMILY DWELLING DISTRICT); REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABIL- ITY PROVISION. Passed on its first reading by title at the meeting of taken up for its second and final reading by title and adop On motion of Commissioner Plummer, seconded by Commissioner Ordinance was thereupon given its second and final reading 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 March 12, 1975, was tion. Gordon, the by title and THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8387. 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. 66 APR 101975 or. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COM=- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY INCLUDING NON-RESIDENTIAL SUBSTANCE ABUSE FACIL- ITIES AS A CONDITIONAL USE IN ARTICLE VIII (MEDIUM DENSITY MULTIPLE --R-4 DISTRICT); REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CON- FLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAIN- ING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of March 12, 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: Commissioner Manolo Reboso Commiss.ionelr Rase Gordon Commissioner (Rev.) The-odmre Gibson Vice Mayor J. L. Plummer, .lr. Mayor Maurice A. rerrc' NOES: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8388. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6A71, THE COM- PREHENSLVE ZONIM: CJ.'.h1A1ANCE t'c)R THE CITY OF MIAMI, BY INCLUDING NON-RESIDENTIAL SUBSTANCE ABUSE FACT.L- ITE1S AS A PERMITTED USE IN ARTICLE XII (LOCAI, COM- MERCIAL -- C-1 DISTRICT): 1I;r'1'A1.1t4G ALL ORDINANCES, CODE SECTIONS, OR PART:; '1'Ii1 lti'lrt' IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABII.- ITY PROVISION. Passed on its first reading by title at the meeting of March 12, 1975, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, 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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor. Maurice A. Ferro NOES: None Mr ORDINANCE WAS DESIGNATED ORD.INANCI. NO. R 389. The City Attorney zeal the ordinance i.r►to the public record and lun)O'J0Ce(1 that copies wore available to the members of the Ci ty Commission and to the public. APR 1.017 4, 4k APR 10 19/b 41. CREATE ADVISORY COMIITTEE - SUBSTANCE ABUSE FACILITIES AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE ESTABLISHING AN ADVISORY COMMITTEE ON SUBSTANCE ABUSE; PROVIDING FOR COM- POSITION, TERM OF OFFICE, PURPOSE AND RESPONSI- BILITY, CONDUCT OF MEETINGS, REPORT AND RECOM- MENDATIONS; REPEALING ALL ORDINANCES, CODE SECT- IONS, OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Manolo Reboso Commissioner. Rose Gorton Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gordon, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plumper, Jr. Mayor Maurice A. Ferro NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8390. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 6 8 APR 101975 Arx 1 U (Jfi POSSIBLE PURCHASE BY ItN,Y OF CITY OWNED 42 r DISCUSSION ITEM; PROPERTY: 1.1.45 N,W. .L.L `'ST. FOR_ USE AS JUVENILE REHABILITATION CENTER ETC, Mr, Plummer: Mr. Mayor, can I bring this point up while I've still got it on tity mind and I don't want: it to pass this day? Yesterday as your repre- sentative to the Crime Commission, Mr. Jack Sandstrom the man who is in charge of Dade County Corrections and Rehabilitation spoke at the Crime Commission. They are experiencing as I have brought: to the attention of this commission on many occasions proper facilities of all kinds for juveniles. I have spoken in the past with the City Manager about what is to become of the police station on llth Street and 12th Avenue now owned by the City of Miami Which We Will be vacating approximately April of '77. Mr. Mayor, in '76. Mr. Mayor, there is no question in my mind that the problems that they're having that the city could be very beneficial in helping them mold some kind of an overall planning for jeuvenile facilities. I would like to offer a motion at this time that the City Manager start talking with the county in relation to the acquisition hopefully by purchase by Metropolitan Dade County with the stipulation attached that these premises will be used for jeuven_il" facilities, giving them the broad scope of what type of jeuvenile facilities they want. But:. I don't think that it is too early', it is only a year off that we should ask our City Manager to start enter- ing into discussion about what could be considered a vest, valuable piece of real- estate. I would like to offer that in the form of a motion or Mr. Attorney, if it is a resolution that gives the manager that latitude and authority at this time. Thereupon the preceding motion was introduced by Mr. Plummer, seconded by Mrs. Gordon and passed and adopted by a unanimous vote. Mayor Ferre: Father Gibson points out and I think it is a valid point, that if you have other ideas for that that certainly you should share them with the com- mission. In other words if you have another idea for that facility that this should not in any way... Mr. Plummer: Well he and I, that's the reason 1 brought it up. He and I have talked about that. Mayor Ferre: I know. Father says if you have another idea... Mr. Andrews: I. certainly will. Rev. Gibson: You see, let me say what I didn't say. I find it incredible to know that we're going to vacate a building in 1976 and we who own the building are not making some plans to use it. I just drop that for the Manager's con- sideration. APR 101975 PERSONAL APPEARANCE 43, RENE COTERA USE OF 1IAMI BASEBALL STADIUM FEDERACION ATLETICA BASEBALL INVERNAL MIAMI •'r. Rene Cotera: t'y name is Rene Cotera, I live at 2fl1 La Fayette Drive. I would like to ask once again of the commission to grant us the opportunity of programming our second year for the Baseball League at the Miami Stad- ium request we made before based on the same prices we paid last year. Mr. Andrews: Mr. Mayor and members of the commission, we've gone into this matter and we find that there are still substantial costs that the city must absorb in this. It is my understanding that last year that as the result of the sale of tickets they had a head profit of $3,000 while the city supported this function with tax dollars and I recognize the difficulty of this organ- ization attempting to pay the full rental cost that we're requesting. Rather than do that we've discovered that of the 141 players that participate in this program 79 of these players are from outside of the City of Miami. So about 60% of the players that we're accomodating with tax dollars are not within the City of Miami. My suggestion to the commission is that to be fair about this that we take the minimum rental that we would charge which is $200 per single game and $350 for a double header and prorate that into proportion to the num- ber of people who are within the City of Miami and they pay the difference in the rental. Mayor Ferre: You'd better repeat that one again so that we can all understand what you're saying.. Mr, Andrews; What I'm saying is that if you had a rental charge of $200 and all the other costs were accounted for such as custodian, electricity and 69 APR 1.01975 insurance and so forth and you wanted to charge a rental of $200 and you had half of the organization representative of people living inside of the City of Miami and half out then let them pay half of the rent, 50% of the rent. Mr. Reboso: Paul, let me ask you something. If they have to pay $200 per game... Mr. Andrews: I'm not saying that. Mayor Ferre: He's saying proportionate to the number of Miami residents. Who is going to police that? Mr. Andrews: We will by the address they submit. That is how we got all of their rosters... Mr. Reboso: How much money did you gross last year? Mr. Cotera: Around $26,000. Mr. Reboso: Ok, if they gross $26,000 and you say in your memo here they make a profit of $3000, can we arrange something with them let's say for example that: beside:; expenses they paid last year they have to pay 10% of the gate that they make? That would be about $2600. Mr. Plummer: Mr. Mayor, somewhere here we're getting off the track now. You know, I'll tell you where I'm in a very desperate area. Where does this profit go to? Mr. Cotera: It goes into the organization. As a matter of fact, all the papers we supplied to the City Manager it doesn't count the rest of the 8 months period that we're not playing and we also have expenses so actually having all the expenses taking up to about March where I make... Mr. Plummer: But are there salaries in this thing? Mr. Cotera: No, there is no salaries. Mr. Plummer: Where did that $3000, what was it used for that was profit? Mr. Cotera: Well we're using it now for the rest of the period of months which is around 8 months between opening time and the season finish. Mr. Plummer: For what purpose? Mr. Cotera: Well, we've got to go letters and trips and all of that. Mr. Reboso: They have a newspaper also, stamps, letters and so forth. Mr. Plummer: Manolo, my only problem is subsidizing any profit making organ- ization. Mr. Reboso: That is the reason I'm proposing 10% of the gate. That is more or less the profit that they are making... Mr. Andrews: I appreciate the direction that the commission is thinking of going but let me just point out one factor and then we can get into others if you wish. If they hold a night game, a single night game it costs us $45 an hour to keep the electricity on - $45 an hour. If the ballgarae takes place 3 hours that's $135 but they pay us based on last year $22 per game for elect- ricity costs. So we automatically lose $120 on electricity. Mr. Reboso: Plus 10% of the gate now. They are planning this year to have a very good attendance. Mr. Cotera: Well I'm willing to give 10% to the city if they ask me to. We're not interested in making money but we're interested in running the program. Mr. Andrews; If the commission chooses to set aside the rental then I think it is fair at least irrespective of a 10% gate or what because I'm concerned that that may not pay enough money that all of the expenses that the city bears then should be met. Mr, Plummer; Ok, I think that is fair. APR 101975 Mr. Reboso: Do you agree with that instead of the 10% to pay all the expenses of the city except the rental? Mr. Cotera: Let me make one thing clear. As far as the new prices are con- cerned this is ridiculous to even think about running a program like this: The prices this year as far as Mr. Jennings, the Director of Public Facilities has sent me letters with... It rounds out to $629 per game which I don't think even the Baltimore Orioles organization which is a major league team pays and this is the price I'm getting this year. Mr. Andrews: I'm saying that if you will just bear the expenses that the city must provide in putting on these events and you'll pay that and the city not accept any rental then I would recommend that to the Commission. Mr. Reboso: It's fair, you don't have to pay any percentage just the expense... Mr. Cotera: What I want to make clear, I just don't pant to agree to something that we cannot come up with the money later on. You know? Mr. Reboso: The City Manager is not going to tell you one expense and it's going to be another one. Mr. Andrews: What we will do is detail the expenses as we understand them now, come back to this gentleman and we can get together with Mr. Jennings so that you understand then clearly. Rev. Gibson: Mr. Mayor, before I vote I want to make sure he understands. Sir, what I hear the Manager saying and what I propose to vote on is that you bear the expenses of those games and that whatever they are, if they're less than what you're paying fine. If they're more you have to pay. Now the reason for that is I'm sitting up here because I know these kind of things just kind of bother me. If 70% of all the people participating and the reason you have those games is because you want the citizens to be actively engaged in recreation. Isn't that right? Mr. Cotera: I think It'll be good for the city. Rev. Gibson: Ok, fine. What we're saying also that nobody up here at this table is saying but I'm prepared to say today because this is the way I feel that I think the other cities where these people live need to share a corres- ponding responsibility and not load it on us. Do you see what I mean? Mr. Cotera: I wish there were 25 Miami Stadiums in the whole city you know... Rev. Gibson: My brother, let me make my point. Because there aren't 25 and there's only one and that we have to continue drain the tax coffers the people who live in the City of Miami that. constitute 251 or thereabouts of the popul- ation of the county we feel that we have an obligation to the people who live within the City limits of Mlami who can continue to pay this burden, this bill; we feel that we have an obligation to them. Now you know I feel that way strong- ly because what I see is if we have to put money for turning en the lights then we aren't going to have enough money to clean up the streets because I was mad as all hell this week when I went out in front of my house and some of those streets looked like a dump. Do you understand what I mean? Ok, beautiful. The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO. 75-334 A MOTION TO WAIVE THE PEES FOR THE USE OF THE MIAMI BASEBALL STADIUM BY THE FELL•:RACION ATLETICA BASEBALL INVERNAL MIAMI FOR THE 1975 SEASON UPON PAYMENT OF THE CITY'S EXPENSES FOR THIS OPERATION. 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. APR l 0 i 5 APR 101975 44, PROPOSED LOCATION OF VELODROME ALSO NEWLYDISCUSSION CONSTRUCTEDFBIKELTS PATNE Mr. Andrews: Mr. Mayor, we have a map that we would like to show the Commission :is to the location of the velodrome and how we believe we can go about successful in- stalling a velodrome within the City of Miami. We follow the City Commission suggest- ion and looked at Robert King High Pnrk and find that the velodrome can be success- fully put in there and used for other purposes. Now, our estimate based on the des- cription of what really constitutes a velodrome. It appears to build this, according to the standards that are required wi11 cost about $90,000.00. Now, there is hope to overcome to that kind of cost. A great deal of that cost is in the field and the compacting and a rolling of that surface in order to put the asphalt materials down to build it. Director of Public Works and other staff people in the city will be looking for buillemat.eria1s from various projects that are carried on in our community so that we can build velodrome without any cost hopefully, of acquiring the material. Our Public Works people will help pack it, then we will be in a position to let a contract for the final asphalt work go on the velodrome and the final Mayor Ferre: see that you Mr. Plummer: Who is going to be involved in all of this, if they will call me, I will get the fill, ok? What did that reduce the price, just now? Mr. Andrews: I don't know, I am not going to fiuo s, because 1 will get in trouble guessing. Mayor Ferre: I can't see how it could possibly be $90,000,00. Rev. Gibson: If you say you are going to give us the fill, we aren't worried about the cost. Mr. Dave Balkin: Well, I have something to say about this, it's possible I've been talking to some manufactures of bicycles components who are interested in promoting a velodrome, Miami being a tourist city and it is possible one of the things that I have been concerned about was a scoreboard and a clock which a company like would put in,this alone is about a $30,000.00. This facility as a tourist attraction; my concept of a velodrome is to negotiate a constract similar to what is done over in Miami Beach open to anyone but 1 would like to be a promoter of the velodrome. Mayor Ferre: Well, now Dave, let begining to see a different .light this as a promoter and to promote to individuals here. Mr. Dave Balkin: I think this only one in the country of any have national championship and is going to bid on them, Mayor Ferre: Well, I think we and I think the guys are going pay for this thing, and either charging them. me tell you something, in view of now and I am on this, if you tell me that you are looking at things that are going to be of economic benefits 's going to be a economic4to the city because it's the professional standards and it seems to reason if you state championship and world championship that Miami ought to do the same thing we do with the Orange Bowl to benefit economically by it - we ought to be able to we pay for it now or we will pay for it later on by us Mr, Andrews: I highly recommend that we follow that process that if the city is going to do this,we build this and then we charge the people who put these kind of events out, Mayor Ferre: Well, I want to go on record right now as being one vote that if we are going to build this and it's going to cost us taxpayers money, we are going to get it back by charging them, Mr. Dave Balkin: I agree with that, certainly and I also agree that the facility can be used as an educational facility during the times when it's not being used for promotional facilities and therefore benefit the community that this is a good deal for everybody. My only question is what period, the Manager tells us to be patient which we are certainly willing to be, but what period of time are we tacking about? idea pate Balkin! The original the City Commission was to have a velodrome completed by 1976 for Bayfront Park which since the Manager has rejected, 72 /APR I01975 Mayor Ferre: Well, I certainly hope that your engineering is better than your spelling, Mr. Dave Balkan: I didn't spell it. Mrs. cordon: Mr. Andrews, can you answer the question? Mr. Andrews: No, I can't at this moment. I will send the Commission a memorandum and I will imforin you and we will try to plot nut how long it will take us to achieve this. Mrs. Gordon: Could we express what we would like to see take place? 1 personally, would like to see this ready for the Bicentennial which is a few months. Mr. Dave Balkan: If we had any kind of a commitment, I. would have been in contact with the Presiaent of several International. Organizations about the use of the proposed velodrome and all are very interested in corning to Miami and using this facility. Mayor Ferre: Paul, why don't you get somebody that can really give us a break down about how much this is going to cost, t can't possibly believe that this is going to cost $90,000.00 Mr. Plummer: I can. Mayor Ferre: How? Mr, Plummer: If a bathroom facility costs $56,000 you are not too far off with bicycles. Mayor Ferre: No, no, all you are talking about is fill, sod, etc. Mr. Andrews: Irrigation system ,--- Mrs. Gordon: Mr. Andrews, couldn't this be part of the park bonds issue money, because it is to develop another park? Mr. Andrews: No,it can't he because you have specific projects designated in your point of task force and you gave them allocations of funds, they .iave had public meetings with so many members of the community, projects have been selected, and we are underway with most of those for that parpand other parks. Mrs. Gordon: Yes, but the park had a specific allocation of something like 200,000 of their bonds. Mr. Andrews: 1 don't think so. Mrs. Gordon: Why don't we move with that, that's part of the parks development_? Mayor Ferre: All right, is there a motion then that we .... Mr. Plummer: Are you going to come back with a price value? I will second it. Mayor Ferre: Yes, and we are going to come back with a way of where you are going to get the money beside the filling you are going to get from somebody. There is a motion and a second, further discussion call the roll. Mr. Southern: Mr. Mayor, I would like a little more clarification on that motion. Mayor Ferre: The motion is that we approve in principle the the establishment of a velodrome which is a fancy name for a bicycle raceway somewhere in the Robert King High Park is outlined in a drawing submitted to this Commission and made a part of this record, further discussion call the roll. Mrs. Gordon: Also that it he be completed by the Bicentennial. Mayor Ferre: To he completed by the Bicentennial, the Manager to come b ae•k with the specifics on the exact cost and where you are going to find the money to do it, call the roll. APR 10175 The following motion was intrcduced by Commissioner Gordon; who moved its adoption: MOTION NO. 75- 335 A MOTION APPROVING IN PRINCIPLE THE ESTABLISHMENT OF A VELODROME IN '1'Ht: VICINITY OF ROBERT KING HIGH PARK, AS OUTLINED N SKETCH SUBMITTED THIS DATE, WITH COMPLETION To BE IN TIME FOR TIIE BICENTENNIAL CELEBRATION IF POSSIBLE. 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 Gipson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None. Mayor Ferre: While we are on the subject of bicycles Mr. Manager, the last time we talked about this section along South Bayshore Drive which I am horrified at because it's a very dangerous intersection for bicycles. The light is there, there is a left turn lane, the road narrows and we have got to do something. Mr. Dave Balkin: If I may address myself to that, I had the opportunity to ride there with Jim Kay and a comment of mine was that the only good part of the path that I could see,it5hat it was near a hospital, in truth three times during the ride Mr. Kay inadvertently, we were riding at perhaps, three or four, or five miles an hour talking and discussion the path, he forced me out into oncoming traffic. Mayor Ferre: I noticed the way you are saying it, that you were on the outside lane and he was on the inside lane. Mr. Dave Balkin: Exactly, he had his own problems because he had to deal with the concrete wall that faces the path. The fact is that these ?icycle paths For recreation inspire or lead people to believe that it's a recreational facility and they tend to rubber neck, they look around, well the penalty for that is on one side you have concrete light poles and on the other side you have a concrete wall. You have bus benches, you have telephone facilities, you have a sign that's capable of `(ff4?4t; people on it and the fact is that it borders upon criminal negligence to call that a path, especially on a road which requires no path. Bayshore Drive is more than two lanes wide in each direction there and the current use nt that road is such that, bicycles and ears travel the road relatively well. Mayor Ferre: Get to the point Dave. Mr. Dave Balkin: The point is that the path is absolutely non viable, it is a dangerous facility, it is broken out throughout It's whole route, it's difficult to follow, it is more dangerous in many respects in the main highway path which is totally useless at this point, it's just simply a --- Mayor Ferre: Well, we have it Paul-, what are you recommendation now? Mr. Andrews: Mr. Mayor, 1 know this sounds Like a defensive argument, but if we waited for everything to fall in place to awake a perfect bicycle path, to get everything accomp- lished where everybody would like it we would never build a bicycle path. Mayor Ferre: That's not the question? Mr, Andrews: I know it isn't. Mayor Ferre: How can we improve it, don't tell me that there is no way to improve it. APR .101 7 Mr. Andrews: That's right and we recognize that there probably will be other problems even after we solve all these. Mt. Dave Balkin: The way to improye the path is either to pad the light poles to put some signs telling people of the dangers, you see, because the path doesn't (hake sense, what I say is a harsh udgment based upon reality. Mayor Fevre: Dave, I. am worried about one particular section to 2 or 300 ft. where the road narrows, there is a traffic light a conjestion of traffic, cars zip up and down, there is a left turn lane so that, there is only one lane per traffic to go through at that point. almost at that four lane portion beyond Mercy Hospital and that bicycle path & the street are one and the same thing, except for a little white line that separates them and it's a very dangerous point t think. Mr. Andrews: One of the things that we arc;ning to do and part of that is ,along the tennis play area across from the s hool ; ra portion of that we are going back, and we looked at it again this a t L ernoon a:: we went out to lunch, we are go ing to see if we can trove that over f ut the• another 8 f t . against the property line, if we can get permission and move it so that there wi1.1 be an S ft. parkway between the sideway and the road. Mayor Ferre: See, what happens is that cars will. drive and 1 just stood there to watch it and 80% of the cars will be driving over that white line -- Mr. Andrews: We think we might be able to get some easments and so forth to move it over and soon as we do - Mayor Ferre: In other words, what you are telling me is there is somebody working on the problem. Mr. Andrews: Oh, yes sir: Mr. Dave Balkin: 1 think the solution would be is were the City Commission to direct the Planning Department, Police Department, rnd :all of the departments involved with bicycles to come ttp wtth comprehensive plan on bike ways or the velodrome there should be bike ways to it -to have these things designed in a safe manner so Bayshore route goes on sideways which are in the violations of state laws and you have all sorts of conflicts and all sorts of different problems -- to direct the Planning Department to come up with a plan how it should be done safely. Mayor Ferre: Let me ask you a question, I always dislike in principle committees, but sometimes when you get citizens committees that are really interested in the subject involved --they sometimes become pests, but in a way they really move things along, shouldn't we perhaps form a Mr. Dave Balkin: We have a group called Bike Ways Now, which has been working -- Mayor Ferre: Has It been working with the administration?' Mr. Dave Baskin: Yes,and we offer our services to the City of Miami, plus anybody else who would like too join with us. Mayor Ferre: Has it been accepted, has more people been consulting them? All right, well, Paulwhv doesn"tsotneone in the next two or three months 1 would like for you to come back with a full report to the. Commission as to where we stand. Mr. Dave Balkin: One other thing,there is a couple of very dangerous points like right out here in front of Dinner hey, there is no provision for yeilding right of way, who has the right of way, is the bicyclist assuming that he has or someone coming out the driveway here? Mayor Ferre: Well, let me put it to you this way, if I were driving a bicycle and I saw a car coming, i would assume that he has the right of way. Mr. Dave Balkin: I agree with you, but -- are you going to tell that to the kid in the hospital,you know something has to be done now before there is a serious injury. Mayor Ferre; Well, then you are talking about the signs, which is what Mr, Andrews is talking about. I would say in an important intersection the automobile is going to have the right of way and you may as well face it. I mean you may not like that philosophy, but that's life. Mr. Dave Balkin: No, 1 understand that hut I am just saying like let's do iL now, Mayor Terre: All right, thank you. Now, we are going to take up item l6 19j Herbert Lee Simon, Re -Certification of 40 year cold builds, which by the way, is a Metro move, not one: by the City of Miami. APR .10 1975 45, PERBERTLLEEPE RANCE PE -CERTIFICATION OF 40 YEAR OLD BUILDINGS Mr. H. Simon: 1 am a little disappointed after hearing you Mr. Mayor, say earlier ' that a City of Miami resolution of t.h,: County Commissioners doesn't mean very much because 1 atn herd to request the resoiution to the county. There was a public hearing held on this ordinance for re -certification of 40 year old buildings before the County Commission on March 18th, do vcw Commissioners have a copy of the ordinance, if not I've got copier; here for you What this ordinance does is to require tl-,e re -certification of all buildings with eece}bons of single family homes and duplexes on their 40th birthday and also with the ex:eption; of buildings of less than 2,000 sq.ft. on their 40th birthday, plus re -certification every ten years thereafter. Now, my appearance , before the County Commission of the public hearing, a motion was to defer for one month and later that deferment was extended to be taken up again before the County Commission on May 7th, and in the meanwhile as I said 1. would like an ordinance from this City Commission, now what the ordinance does, just briefly, it's a relatively short ordinance, is to require the owners of these buildings which covers almost all buildings with exceptions of homes and duplexes that's apartments, ware- houses, strip store,shopping centers , .and the like would have to hire at their own expense a professional engineer with the title "P", to examine these buildings at "40 years" and every 10 years thereafter, the owners af his expense to do this and to give a certificate from the professional engineer to the Building Department cert- fying that the bu t ld in;,; is a afc for eprtne e . Now, on it's surface, of course this would appear to h., .a motherhood issu, ,,,,, all want the public safe and I think the owners of the buildings would be no exception, but here is the reason why I consider it bad. First, this increase the lost oi_ operation of income property, which will either bankrupt the owner or cause rent increases to the tenants,because ultimately all increases are passed on to the tenor-. t e if i t ' s possible, unless we have a recession, I have eheeked with prof ess i ou:tt engineers :and I cannot find out what the cost would be, of course buildings .are different sizes, different types of structures, so they can't give me ::a cost, but a rel:;tieely small building is say it might be one or two thousand dollars, hut 1 try to i;et even samp1a buildings that they examine by professional engineers to give me a general idea of what the cost would be, I can get none. To quote Mr. Ferencik at one of the committee meetings which I attended, the county had appointed a committee because of the collapse of the Unger building. Mr. Ferencik had said that to inspect any building for a professional engineer to put his certificate on that it was absolutely safe he would have to make the building look like swiss cheese and this is fairly obvious because he would have to drill holes in the roof or underneath from the plaster and through the walls to check the concrete and the foundation and so on. Uepending upon the type of inspection it would be required. Mr. Ferencik also said, that there would be over 7,000 buildings in the City of Miami alone that would come under this ordinance, so I think the cost would be prohibitive -- not just for the examination, but what might be turned up from that examination. Two, I think this will stagnate the sale of income properties. Now already I - and I am speaking for the Board of Miami Realtors here as well as myself, I for one, who is an investor .nn already hesitating in purchasing older buildings be- cause we don't know what the outcome of this is going to be, what the cost will entail and whether or not my building might be condemned because of such an examination. Thirdly, this will prevent mortgage companies from making the normal length of mortgage loans which is usually 20 or 30 years. How could they make this type of a loan on a building that was 40 years old, or even 30 years old; even if they required an examination at the time of the loan because this ordinance requires re -certification every ten years thereafter. Fourth, and very importantly, there are no specifications set out in tnrtt ordinance for the examination. It simply says that it much he examined, now I understand from the county they want to pass the ordinance and later on set out specifications by the Board of Rules and Appeals. I told the County Commissioners this is like saying that we will condemn a man to the electric chair for a criminal act and later on we will define what is a criminal act? By all means, if we are going to have specifications they should be set out at the Lime of the passage of the ordinance. not later on. Five, originally this ordinance included the licenses inspectors would not only be professional engineers but also licensed architects, I had also requested that building contractors who I thought was confident be included in this, they rule out the 76 APR .101975 building contractors, perhaps because there was only one 1 think on the committee and later somehow or another architects got ruled out so now it's restricted only to professional engineers only to that one profession which really lures it up with these fellows. Six, the ordinance wilt close down most commercial buildings in de- pressed areas in my opinion because these bt:i Idings are not paying now, we manage some of them, we take :r very minimum of rents out of it. Many vacancies of course, now if we are required to have an inspection and if that inspection reveals , now defects we have to out in quotes because it's defective in whose mind, if it's truly unsafe, it should be -something done about it, but: I am afraid the added cost will close down many of these buildings in the depressed areas. Now, solutions, I think that either the ordinance should he eliminated completely, it's already covered in 202.3 of the building code and by the wri' , the ordinance is a proposal to amend the building code and I will read you thisone paragraph of the building code (South Florida Building Code). the Intl..l.ding official on his own initiative or as a result of its ports by others shall examine or cause to he examined every building or structure appearing or reported to be unsafe and if such is found to be an unsafe building or structure as defined in tliis section. The building official shall post the property concerned and shall furnish the owner of such building or structure, such written notice, the matter of posting and furnishing a written notices provided here and after and then it provides for the kind of , so we already have this in the law. If the buildings aren't being inspected there is no point in making some other ordinance or some other law for a law where they already have on the books. L also think that this could he included in; for instance, the City of Miami now as you are probably aware you have an ordinance where we have an annual inspection for every office and el7ery store. I don't think apartments are included . 1 am not sure, you charge $10.00 to the occupant of each of these buildings not just the building, but the occupant of each cubicle within that building and the inspector is supposed to check for such things as zip codes and any violation. Now, also he can look for obvious defects. Mayor Ferre: I. am .just trying to sec if we can expedite this,hecause it is 5:00 and we have a long -- we got two or three hours left to work and I just want to move along quickly now. Mr. H. Simon: Thank you, fortunately I can leave after this one. There is not much left, but it is 1. think quite important to the city's financial. Secondly, I think that the ordinance could he left the way that. it is without specifications. In other words, I am saving either eliminate, put in the specif.iciati.ons prior to passage or agree to leave it like it is without specifications and leave the discretion up to the examiner, also 1 think the single story buildings without a roof load should certainly be eliminated from the ordinance, the reason this ordinance came about as said was the collapse of the Unger building, we have had. I would like to point out collapse of new buildings such as the Howard Johnson Building on Biscayne Boulevard, the Levitz Furniture building, which 1 think was a year old, such as problems with the Municipal Parking Garage, these were .c11 new buildings, so there is nothing special about 40 year old buildings that should create their collapse. Single story buildings, unless there is an unusual roof load shou d he eliminated from the order. and .Z summarize. There is no nt'cf for such an ordinance and certainly no emergency, it's a bad ordinance, bad for the property owner, bad for the tenant, bad for an already shaky real estate economy, investors won't buy, mortgages lenders won't lend, as I have already stated. We are already inserting a clause, personally in our commercial leases that if extensive repairs are required, the lease can be terminated. This is going to scare most of the tenants out of the property, but we feel that's essential in the light of this ordinance. 1 am requesting respectfully that the City of Miami pass an ordinance today and I would like a copy for my fat little hands to take down to the Commission Meeting that you are opposed to this ordinance that Dade County is attempting to pass. Mayor Ferre: All right, let me ask the administration, because as 1 listen to your arguments 1. think you have get a 1e>t of very valid points. ' I think if 1 were to take...r adversary positionfcould argue for 1t or if I were given the role to debate you, l think I could give you a lot of arguments that 40 year old buildings are a serious concern in this community, we have potential collapses, that some of the construction that dates heck that long ntavhe unsafe, that perhaps it wi 11 be a spur to new buildings perhaps the elimination of these old buildings might be a good thing rather than a bad, so there are two sides to it and 1 think that we need some in -put from the administration on our position. I don't know whether we van do it in time -- Mr, Andrews: Mr.Mayor, if I may interrupt you, you can't achieve what you want to accomplish today 4s far as understanding in greater detai 1 as ordinance because we don't have the details to furnish you and it would be my recommendation that if you did anything that rather than oppose it or approve it that you adopt the resolution requesting that the county defer any action on this ordinance and for such time that APR 101975 they can furnish us with the specifications and details, tiers we can come back to the Comr'ission with a positive recommendation. Mayor Ferre: That I can go for. Is there such a motion? Mts. Cordon moves, Mrs. Gordon: I don't see how they can even consider putting it through without any specifications.it's too broad. Mayor Ferro: All we aro saying is , that we wnnt more information and we are asking that Metro defer it until we understand what it's .r11 about and nobody really understands it because there is no lnformatimn •on this ------- The ordinance doesn't tell you anything;, you can go through it , it's just n very broad type of a thing, it doesn't delineate specifics. There is :r motion by Mrs. Gordon, is there a second': Further discussion, cn11 the roll. SEE RESOLUTION NO. 75-'355 ADOPTED LATER ON IN THE MEETING. Mr. H. Simon: Just a gestion Mayor, how does a copy of yourmotion today reach the county? Mayor Ferre: Why don't you deliver it for us? Mr. H. Simon: I would he happy to. Mr. Andrews: We will send it by mail, even though you can doiiver it. 46, ADD ADDITIONAL NAME: 32ND n\OAD ro DIXIE HIGHWAY "COPERNICUS PLAZA ROAD" APR 10 19/5 Mayor Ferre: Ok. Thank you very much And now we are going to take up item 1121, oh: Mr. Ratcliff wi11 be out of town, so we will take up item 1 22, the discussion on Copernicus Plaza Road, it's my pleasure to weicomcTcttiis chamber, Mr. Frank Stern, who is indeed a noble citizen of Miami for many years and very active and has been for a long time in our memorial as n secretary and serve the City of Miami for many years, we are happy to have you with us Mr. Stern. Mrs. Gordon: Mr. Mayor, in addition to this, the Memorial Committee had a second recommendation but it isn't on the agenda, but it was to be taken up at the same time, it was the Abe Goldman renaming of the Flagami Park. Mayor Ferre: That isn't on the agenda. 'that's item 11 23, which is the next one. Mrs. Gordon: Oh. 1 am sorry. Mr. Plummer: So the record will he straight, now as 1 understand it, it will nut be the renaming of the park but the facility in the park. Mayor Ferre: Well, we are going to got into that. You are all out of turn, now let's take up 22, who is going to speak on it, Weil as 1 understand it 1 will speak for it. This is 32nd Road, the Momerial Committee deliberated on this and this is their recommendation that was a request of Mrs. Blanca Rosensti 1 1 , 1 think this is called the Polish -American, well anyway it one or the committees that are active in this community, I think it's the Polish -American Florida Committee,. it's: from U.S. 1 over to South Bayshore Drive, right next to the Planetarium, I think it's two blocks. Mr. Plummer: Well, Mr. Mayor, t am asking: Is chore any residential in there? Mayor Ferre: None. Mr. Plummer: in other words you don't tool titan it's necessary to keep us out of the problem that we had on Southwest 13th Avonaro to hold the public hearing. Mayor Ferro: I don't think .so, that': nay personal opinion and 1 think this Mr. Andrews: Mr. Mayor, and members of the Commission, may 1 suggest that if you do this that you name this for that portion in addition to the identification that 32nd so it compliments 32nd ---- Mayor Ferre: Oh well sure, What it should say is Copernicus Plaza Road and under '7 b APR 1.01975 32nd or whatever it is, right. This is the recommendation of the Memorial Committee. Now is there a motion ? Mr, Plummer: If it's a recommendation of the Memorial Committee I will move it. Mayor Ferre: All right, who seconds it? Mrs. Gordon seconds. Further discussion call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-337 A MOTION NAMING S.W. 32ND ROAD BETWEEN SOUTH DIXIE HIGHWAY AND SOUTH BAYSHORE DRIVE AS COPERNI.CUS PLAZA ROAD. 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 Mayor Maurice A. Ferre NOES:, None. APR 10 1975 47, NAME BUILDING IN FLAGAMI PARK "413E GOLDMAN BUILDING" Mr. Plummer: Who wishes to speak on item 23? Mrs. Gordon: I do. Mr. Plummer: Mrs. Gordon. Mrs. Gordon: It is the recommendation of the Memorial Committee after deliberating for a suitable location to memorialize the man who devoted many years of public service, not only to the city where he has a very distinguished record, but to humanity in general, and more particularly to those persons who are exceptional people, retarded and physically disabled. The Memorial Committee thought that a suitable place to give this man the honors that ho is due is the newly selected site for the park forthe handicapped which is presently called the Fiagami Park and which would be renamed the Abe Goldman Park. Mr. Stern would you like to address us with regard to anything regarding this? Well that was what the Memorial Committee recommended that the park be renamed. Mr. Plummer: The park or the facility. Mrs. Gordon: No. The Memorial Committer recommendation was that the park he renamed. The building alone or the park. The information was given to me that it was the park. Mr. Plummer: Well, Rose let me just intrrject something here, because you know, we so easily allow ourselves to get into problems. Flagami is long established and you know if the people in that area have no objection, but 1 will have to toll you this, I was very close to Abe Goldman, I think it would be a great tribute to Abe Goldman, something that this city could be proud of, but 1 will tell you quite truthfully, without a public hearing for the purposes of renaming that park, I would have to have serious reservations. Mrs, Gordon: I wonder --- Mr. Plummer: Remember Peacock Park, APR 0197 Mrs. Gordon: I am not opposing of public hearings, J.L. I am for a public hearings, if a public hearing should be held to rename it. I don't think that ,just naming the building in itself is sufficient in order to express what we feel for Abe Goldman and that's why I think not only the building, but the park and the building both qhuuld bear his name. Mr. Plummer: Well, if what you are saying Rose is that you would like to sot a date for a public hearing for the possible name change of Flagami to Goldman Pork. I think that would be in order. Mrs. Gordon: I word it in two steps .1.L., I would go this route, I would mov.' to name the building today, because the building has no name and then hold the public hearing for naming of the park, ok? Mr. Plummer: I think that's in order. Mrs. Gordon: All right, then I would .... Mr. Plummer: All right, you are making a motion at this tine to rename the facility, the building. Mrs. Gordon: It has no name as 1 understand it, the building doesn't, but leather Gibson wishes to spaek. Father Gibson: Mr. Mayor, Mr. Vice Mayor, I have some concern about that. Mr. Plummer: Would you rather do it all at one time at a public hearing? Rev. Gibson: I would rather have the public tell us, thnt..one thing. Second thing is before you even have the hearing and even when you have they hearing. Don't let us for- get the fact that some of these older people or some of these organizers, or pioneers of the city merit;yet that we keep them in mind and I don't- want us to negate. It might well be since we are building a lot of things and during a lot of things, maybe we need to wait and find a new -- 1 am in the business of moralizing the people. Man, you can get in of a bind in a church if you start moving that altnr that was in the name of somebody or if you start moving that pulpit that was in the name of somebody, people don't always tell you what they think in instances like that and so I want us to be very, very cautious and particular. Mr. Plummer: What you are saying is that it is easier to move a preacher than it is an altar. Rev. Gibson: You believe me my brother: Mrs. Gordon: I want to ask you a question, does Fingami from they historical point have a meaning, is it named for a person? I didn't think it was. Mr. Plummer: No, I think the sub -division is Flagami. Mrs. Gordon: Yes, but is It any historical meaning? Mr. Plummer: Yes, that's where Flagler Street and the Trail is, Flagler and --- Mrs. Gordon: It isn't naming it for Mr. Flagler or his family or anybody like that, so therefore it would not have what Father Gibson is afraid of is taking a family history that's been there and removing it and putting somebody else, so I think that's applicable. Mr.. Plummer: I think that at this time the best thing to do is for Mr. Andrews to give us a date for a public hearing. say Rev. Gibson: Let me lust t its II.? You know, 1 am nut usually sentimental, but 1 have learned that there is soin Value in history. Now, if the Memorial Committee ,if that is so, the Memorial Committee aught to do some research and tell us how we got that name. Mr, Plummer: Father, legit me tell you something, your memory ought to he better than mine. because you are older than I am , but f can remember as a kid, the original name of that park, Jack do you remember? Princess Park is where my Dad used to take me where they raced the little midget racers and that was Princess Park. So, 1 know that Flagami really can't have great significanc.c,ltin fact it was changed from Princess Park over to Flagami. Rev, Gibson; Ok, let's go for a public hearing. Mrs, Cordon; J,L. could I ask you a question? You and I have talked about Mr, Goldman and APR 101975 what he has contributed to society. The naming of the building ,clone in your opinion, would that be a significant memorial to this great man? Mrs. Gordon: You don't think .it would make any difference? Mayor Ferre: Mr. Kassewitz, I am sorry, could you use the microphone? Mr, Kassewitz: The point is, trying to memorialize someone, whether it be a building, or a park, or a facility, what have you. I think the idea is to memorialize someone Who could get the ---- Was there someone by the name of Flaga►ni? Mrs. Gordon: No. Rev. Gibson: Since memorialzing is a part of my hussle. What purpose does the building serve? Is that building for the handicap canter? All right, therefore; the building has something to do with the service of the man and the park area sloes not necessary carry within that, so if we name the building which serves a purpose for the handicapped, we would have done in spirit the very thing you said and then we do not have to get in the additional buying, we would have cleared eu►rselves In conscience . Mr. Kassewitz: Father, If I may point out to you, that the State of Florida thought enough of Mr. Goldman to name a beautiful building in his honor in Sunland, for tite work that he did in behalf of the State of Florida, so I should think it would be with significance that the City of Miami might name a very nice building for Mr. Goldman too. Father Gibson: Beautiful, that's what I was thinking. Mrs. Gordon: In that case, we don't need a public hearing and I would move that we name the building in Flagami Park which is being renovated and rebuilt for the needs of the handicaps, "Abe Goldman Building". Father Gibson: 1 second it. • Mayor Ferre: There is a motion and .i second and I think it's a good motion. I would like to support it. Call the roll at this time. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-338 A MOTION DECLARING THE INTENTION OF THE COMMISSION TO DESIGNATE THE COMMUNITY BUILDING IN FLAGAMI PARK AS THE ABE GOLDMAN BUILDING. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordan Commissioner (Rev.) Theodore, Gipson Vice Mayor .i . 1.. Plummer Mayor Maurice A. Ferri NOES; None. Mr. Plummer: 1 wou►.ld like to include that the appropriate type of dedication he scheduled so that Mrs. Goldman can be present and the city officials,so that the dedication can be done in a proper manner. Votes: Yes. (Additional comments .) Mayor Ferre: Thank you very much. We will look forward to that dedication. Abe Goldman served this community with great distinction for many years. Item 24 Discussion- use of Marine Stadium for "Berthing of Seaplane and Conjunction with the Bicentennial Around the World Seaplane Project. 84. APR 1 0 1975 APR 10 1975 48t BRtEE DtscusstoN - BERTHING OF SEIIPL'iNM Mr. Andrews: Mr. Mayor, and members of the Commission, you will recall that: when this matter came before you once before, the decision was reached that, 1 should explore the possibility and enter into agreement for placing of the berthing of the seaplane down here at Dinner Key. We have found a better location than Dinner Key at the Marine Stadium, however 1 want t:c reserve final judgment as to what this whole project is about and come brick to the City Commission with a final conclusion as to whether the City Commission wishes to continue entertaining, carrying out this project on public property. Mayor Ferre: Is there anything else rou want to add? Mr. Andrews: No. Mayor Ferre: Is there anybody e.lseAwho ants to discuss it? ' Mr. Plummer: When is the boat dry storage opening up? Mr. Andrews: We are hegining to receive reservations for it? Mr. Plummer: When is the Askeet snooting up, when is the carpet golf opening up? Mr. Cliff Haves: We are receiving bids on May 17th for the concessions for he motor boat rides, the sail boat rentals. sailing school water skiing and padcle boat rentals. We will have a hid in mid -Mar for Administer of Golf Curse for Concessior Facilities. We have awarded the fencing for the boat storage and we have now 69 reservations. Mr. Plummer:" 69 " for 100 spaces' don't like the word profit, right. Mr. Cliff Hayes: We have to wait ior the second reading .af the ordinance appropriating the money before we can really build the N41ce. Mr. Plummer: How long has that Marine Stadium been there? BICENTENNIAL PARK AREA MOTION TO ACQUIRE 5 PARCELS 49, CONDEMNATION OF F,E.C, PROPERTY ETC, Mayor Ferre: All right, we are now on item 29, a resolution authorizing and directing the City of Miami proceed in the triat of the City of Miami vs. Florida East Coast Railway and the Circuit Court of the lltli Judicial Circuit in for Dade County for the Condemnation of the 4 Parcels which the court has authorized the city to take and in its order of February 11, 1973. Mrs. Gordon: Let me speak to this one, beycause. 1 am very concerned - it's my feelings that this would be a very costly step for the city to take, if I- am reading this correct- ly we would be going in and taking ., small parcels out of the whole for some reason that the cost of the small parcel., and the cost of the remainder would be higher than the taking of the whole parcel, there would be certain expenses that are attributed to severance cost and from the appraisal stand -point would he a very bad move, in my opinion on our part , so 1 :speak against our going in this direction. I speak for going forward for the whole thing In a very strong and positive manner. Mayor Ferre: Would you Indicate to us which of the parcels that we can take? Mrs, Gordon: I wish you to delineate when you say parcels the depths of the parcels, please. Mr, Andrews:(Shows them a chart delineating tl_e parcels). In doing so, questions arrise, Father Gibson and others. Mayor Ferre: Let's just go over the history of this, all right, sto we can .all remember. We went to court on this thing and we lost, so then we got 4n appellate lawyer to help. Mr. Horsack and along with our city attorneys, they wont up and the appellate judge said both the City of Miami and the F.E,C. railroad have certain rights, since wee both serve the public technically. Now, those parcels that are in use by the rai.l.rc�a.i to serve the public. they accepted as the argument as being railroad use. The railroad has a right to keep, this is what the courts say, those that the railroad is using for a service station, they are going to put a Holiday Inn on 1t and all these things that are non -railroad orientied, the City of Miami has n right to take, because their really_ is no use, it serves the public and that's how we ended up with this gerrymandering of properties. Now, in the meantime, the legislature,last year's legislature passt4the bill and changed this, so that it says that a city has the priority on property over a railroad. Now, we then amended our suit which is ,now before the Supreme Court of the State of 'Florida to incorporate the new legislation which went into law last April, May, or .Tune, whenever it became law, and that has been sitting in the desk of some member of the supreme court for six months, since June. We are now in the middle of April and the supreme court of Florida since June has not seen fit to rule on this. How long they can take, how much longer they can drag this out, nobody knows, sooner or later they are going to have to rule, if they rule in our favour then we have thre right to take the whole property, then it's a question of getting the monev and buying the prop !rty, now my point is this, I have two points on this, One, the F.F.C. Mr. Ball., have a way of getting all these things done despite the will et the eomrnuni t_v and the city, they have gone and filled all that property which we didn't want filled, they got permits, they went to court, they forced us to give them the permit, they went out and filled that land. Now, they are using it in violation of the zoning regulations, they got all kinds of trailers on it, that's against our regulations, but they are doing it and they are doing it and we are now trying to stop them if we are going to take them through the legal process to try to stop the F.E.C. from doing what they are not supposed to do. Now, I think if you will roll out that map again, if you will look at it, this isn't going to clobber the F.I.C. railroad, but certainly if we go out and take these propertic that we have been given a right to take, it's going to be a dent in the totality of that property, because they don't want to give even that little bit up. Now, the way I figured it i, this. T think that each one of these parcels is going to he appraised separately and one is not going to have anything to do with the other, as I see it. I think it is time for us to g.t on with the job, start taking the property from the F.E.C. railroad and showing that we mean business, get on wish the job, take the property and just g e t on ;;i th it., now we will have to wait until the supreme court finalizes and sooner or later they've get to rule. How long can the supreme court sit on something, can they sit on IL for a year? Mrs. Gordon: There is a whole new et e tire Maurice and you know that there are changes that the supreme court i5 in the :niJ1:tiff a e,,reat appealable. 1 believe this is the wrong time for us to move on these a parcels and I want to stress that if we take these 4 parcels we are buying .a right A way with parks funds issue money, because the depths of three those h:ar:el are very shallow and the amount of area that's needed for the widening; of Biscayne Blvd. will absorb almost all of it. I tell you what's left will just be a nice little parklet for the F.E.C. on the other side. Mayor Ferre: Why are you against it, give me•the logic of it? Mrs. Gordon: Because, we are jeopardizing in my opinion the case we would have for the whole, by taking these little slivers which do not mean anything to us, becatesn we cannot do anything with them, because ail we can use them for is to widen the boulevard and we dr.; not have to buy boulevard right of way with park funds issue money and spend all this money for that purpose,we need a park in it's entirity. We don't need these little slivers, only one piece of it if there is any depths at all. The rest of them have no depths at all. Mayor Ferre: 1 think that's a good argument.. T don't see however, --- The other argument .l don't accept. l don't see how this would in any way influence the decision of the supreme court. Mrs. Gordon: I believe Maurice, we have waited this long that we have nothing to gain if we take these litt!e parcels and we should wait. 1 can tell you that it will cost moray, I du a hit of appraising and 1 can tell you the severance sandwiches will cost us more to take it in this fashion then it will if we go Into for the whole on a propot t ionate square foot: basis. Mr, Andrews: The Commission should be .aware that those parcels that were isolated by the court were isolated because they were in my layman judgment, at least Mr. Lloyd can correct me. On a severance basis in that those properties had leases attached to them and they are not used for that purpose and so the court released those, because they were used differently than the rest of all the properties, Mrs. Gordon: In today's time the barges that are on the rest of that property are there illegally, we are in court right now, we have a case pending , I believe that we should table this item until some future time and then we can take it back to consideration, 1 move the table. 8:3 APR 10197 5 Mayor Ferre: All right, now if you will permit me to make the statement , now it isn't that I --- don't do what the Miami Ent -aid want but I want to tell you that I have talked long, many time with Alva, Chapman who is not the Miami Herald, but the President. I talked to Dan Paul, who is an attorney and Mr. Bill Colson, who were the people who have shown the most interest to the past ;and they are adamantthat we get off our duff and start buying even three square feet, because we have got to get on with this job. T. might point out with regards -- John, when will the appraisals be ready? Mr. Lloyd: 1 think they ought to he ready no later than 10 days from now. Mayor Ferre: If by any chance this Commission were to vote on this and instruct you not to do anything final in court until all these appraisals are in and we each have had an opportunity to look at them. If it passee this Commission to instruct you to proceed - to get started on this, once the appraisals are finished, can you bring them and show them to each one of us and than if it is the will of this Commission. We don't want to get involved at that point, we can always withdraw this thing, can't we. without prejudice or cost to us? Mr. Lloyd: Well. you could withdraw it,but here again you maybe subject to some attorney's fees . You see what we would do is we would file a notice of trial and then we would have to say well we withdraw the notice of trail. Mayor Ferre: Let me ask you this then, because we are now in April, I asked you, I've been on this thing since October or November, the first time I had this meeting with Alvah Chapman and 13i11 Colson, and all these other people - back in November now how long does it take, does it take 4 months to make an appraisal? Mr. Lloyd: Mr. Mayor, we were not authorized by this Commission to hire an appraisal for this purpose until about three weeks ago. Mrs. Gordon: Nir. Lloyd, isu 't it true that the resolution authorizing an appraisal did not delineate 4 parcels, it is define:.feed the property, therefore, if you are asking the appraisal only tor 4 parcels then this is not a true appraisal of the value, you must get the entire parcel and if you wish 4 parcels of it, you must ask him for that too. Mr. Lloyd: Well, we are getting that. Mrs. Gordon: But, I.'ve moved to table this item until the appraisals are finished so that we can then sit down and study what we are doing. Mayor Ferre: I would like to recommend to this Commission that we not table this item that we move in principle on it, SD that there is a direction. Mr. Plummer: Let me tell you exactly what I will vote for and nothing else. I'll vote for an intent to take those parcels now, but as a conservative or an ultra -con- servative, I've got to know what the nrice is and that's going to be my determining factor. If you want a motion of intent that this Commission wishes to acquire those properties immediately. 1 will vote for it, Mr. Lloyd: Let me tell you what that will do, the motion of intent won't do anything for me in court, because I can't go to court with a notice of trial with simply a motion of intent. Mayor Ferre: I understand. Mrs. Gordon: I moved twice a tabling motion, you never asked for a second on either occasion. Mayor Ferre: You are absolutely right and I recognize you for that purpose, you have the floor, there is a motion by Firs. Rose Cordon to table this item, unti 1 the appraisals are completed, Is there a second to the motion? is there a second to the motion? Father Gibson: 1 want to ask a question? What are they doing presently with the property that looks _Like or approximate, what Florida Fast Coast is all about? Mr. Lloyd: 1 can tell you that, let me refer to the map, this is what Mr. Andrews was talking about. tills of course, is the F.R.C. railroad tracks, now this area here and now this area which they are in violation of our zoning ordinance by doing it, this area here is under lease to the '1'. frtT. Trailer Corp., whichConducts a combined seta & Rail Trail al -Business and boat:; come in here , ships come here with the trai i tTs 84 APR 101975 out - and they are loaded out to the F.C.C. railroad cats and that t railroad business, this was the reason why the court allowed us to take these other parcels here, because the court ruled that these parcels were not concerned With the trailer activities within the railroad, but these parcels were, so these others are under lease to the Holiday Inn, which of course, nothing has been built there was an agreement with the F.E.C. at the Holiday Inn to build there in there. I don't recollect off hand, what these other parcels --- nothing particular is on the Mrs. Gordon: If you will all notice, particular Mayor Ferre, if you will notice the depths of the boulevard at this point, South of the Port Boulevard is quite a distance East of the F.E.C. property here. Drawing this on a straight line basis you will see that what you are buying is what the state shc.tld be paying for and not the people of the City of Miami who voted for a park bnna.'s issue. Here's where the line goes straight up here- parcel #1, almost ;3 third of parcel #2 and then so on all the way up, so you see what I mean. We are not doing anything to help the people of the City of Miami except we are helping F.E.C. Mr. Andrews: They state accepts the width of Bisravne Boulevard as 50 ft. greater than its firm width. The width of the boulevard at this location is 208 ft. This portion of the boulevard will be narrower than the portion in the main harbor downtown Miami, so there would be a fifty ft. taking of these properties along here including all we do. We plan to buy Bicentennial Park. Mayor Ferre: Who pays for that? Mr. Andrews: Well, the state eventually would have to buy it. Mr. Plummer: They would have to reimburse us, right? Mayor Ferre: So, there is no problem. Mrs. Gordon: Yes, it's a problem, because if you already have - and the state is not about to give it to you. Rev. Gibson: Mr. Mayor, let me follow my reason, so I could be intelligent in my voting. Mr. Lloyd, again you said that the F.E.C. Property is where now? Mr. Lloyd: Commissioner all this is V.E.C. Property. Rev. Gibson: Ok, I understand it, but 1 am talking about the part necessary to operate their business. Mr. Lloyd: They contend, Father and with enough out of the lower court that this part here - and now this part - there is no contention on this because they have just( illegally) in our opinion moved out to that part, but at the time we were in suit, they conten dad that this part was necessary to operate their business. Our contention is to the contrary. They prevailed that this pan. was necessary to operate their railroad business. Rev. Gibson: I want to ask another question. Did you just say that they filled some land, they didn't really have the right ? Mr. Lloyd: No, no that is not what I said. By court order they were allowed to fill from here out to here. We opposed it and they ac quired it. The court required us to give them a permit to fill, they had government furnish --What they are doing now is an extension of a conditional use which exists in here by improperly moving their operations(the trai 1. r operation) out on to here. Rev. Gibson: Well, let me ask, this raises another question. If they are illegally, how du they get to make it legal later on? Mr. Lloyd; We have ainjuctiou suit right now again^.t them pending, to prevent them from using. Rev. Gibson: Let me ask a follow up question. If they are operating illegally, they must deal with us, whether itkthese 5 bodies here now, or 5 other bodies, it wouldn't make much difference. Let's assume that they 5 bodies sitting up here will retain our position and sustain our position. Ok, they will still be illegally operating that, what's going to happen? Mr, Lloyd; Well, they will continue to operate here illegally, until the court stops them, which we are In court now to have the court determine. Rev. Gibson: I am not a lawyer, 1 am a layman, ok, they are operating illegally, to bit APR 1 fl 1975 legal I have to say yes. Suppose I continue to say no? Mt. Lloyd: Then they are still operating illegally. Rev. Gibson: now--- then what? Mr. Lloyd: We are in court, we are proceeding with an injuction -- Rev. Gibson: Now, let me raise a question that touched on something earlier here today that burned the devil out of me and burned me up. If we as a city have the right to say you are operating illegally, it seems to me we ought to have the right to do something about your illegal operation. Mr. Plummer: I got the answer. (Joking Matter) Rev. Gibson: I just want to make sure that we understand that somewhere down the line we got to fish or cut bait. I kept saying, and what disturbs is "here we have these people in violation of Laws that you pa;s. and some people obeying the laws and others saying the with the law", not either all of us is going to obey them or all of us are going to say the with them. Mayor Ferre: All right, let's fish or cut bait. l.t's almost 6:00 P.M. There is a motion. Mrs. Gordon: There is another comment that's necessary in order to clarify. The illegal use of their property is necessary for their use, since they filled what was water. They must have water furnished to operate their operation. Consequently, we are at this moment if we take anything less than the whole, if we show any weakness at this point, we are jeopardizing both our case Dr: their illegal use and also on our overall condemnation, again I move for a tabling. weak - Mayor Ferre: My difference is that I don't think that we are ening the position, but on the contrary strengthing it. Now, I've asked Paul Andrews for his comment and I would appreciate you're giving an opinion, Mr. Andrews. Mrs. Gordon: Maurice, I asked only for a tabling until the appraisals are ready, at which time we can take up the financial matters which are very important. Mayor Ferre: Rose, you made a statement and 1 recognized that and I already asked for a seconing, nobody seconded it. 1 will repeat it one more time. Is there a second to the tabling ? Is there a second? Rev. Gibson: Well, Mr. Mayor, I am not about to vote until I get this answer, ok? Mayor Ferre: All right, go ahead. Rev. Gibson: What I don't understand is and would you clear this up for me or if you don't want to get into this 1 see a competent attorney out there, we will defer it if that's what you want us to do. What I don't understand is if we have the right to take 1,2,3 or if we could proceed, "what is there to prevent us from taking the other ben of the thing", and then saying, "look man", 1 have this right if I went into cour(this is a layman), with three in my hand and I only need two more it seems to me that I upset the president then and it shouldn't too difficult for me to get the other two. Mrs. Gordon: I don't agree, Father. At this point, we are winning our case and we are losing our case by taking a portion of it and not taking the whole. Mayor Ferre: I don't agree with that. Now, Mr. Andrews, we have gotten into a discussion would you into the record tell us your opinion on this whole item? Mr. Andrews: it's difficult to arrive at a decision at this, at hest, because you have to weigh what can really occur, the legal consequences of the decisions that you make, In my opinion, I think that if it is lc•g;i11y possible that we go about the process of acquiring those "3" parcels and amending if possible, are taking to include the property that was also filled, so that we have a more majority of all the properties. Now, at the same time that we immediately proceed to began negotiating with the county and . the state, for them to join us, so that their participants on a pro rata basis to acquire the right of way that runs through the property, that also touches some additional property that we are not in the process of taking, particularly, in this area and this area that. portion of it, so that what we would be taking about at this point and time is - if you will follow my pencil starting here u:t out at the water's edge or now that which has been filled along the causeway, starting at this point, it would be this property all through here , all of that, all across the front, 86 and all of this, APR ! 01975 the only portion that would be remaining, that would be left for taking which is land would be this portion here, that portion there and this portion here; also we have to do something about this water or leave it in F.E.C. Property's hand, but that might be extremely difficult to do. The courts, I think would look with this favor upon that , if we are going to take that and leave that water portion, that would be extremely difficult. Mrs, Gordon; Mr. Andrews, sir there may be a legal question about who owns that water'? Mr. Andrews: This portion - there maybe but • rom my limited knowledge. The way the agreements were constructed that give the,City of Miami permission to use it OWL' the years --- Mayor Ferre: All right, Ladies and Gentlemen, it's almost 6:U0 P.M. Mrs. Gordon: I am again, going to move that the appraisals --- Mayor Ferre: I am going to ask for the last time is there a second to that motion? All right, hearing none then I will recognize Commissioner Plummer for a motion. Mr. Plummer: What I said before, I make a motion of intent to this Commission immediately to acquire those parcels subject to -- final approval by this Commission as to the cost involved. Mrs. Gordon: You mean those small slivers J.L., you are talking about? Mr. Plummer: Well, Rose 26, 157 ft. is not a small sliver in my estimation. Mayor Ferre: It's four and one half acres. Mrs. Gordon: You have got to talk about what's left after the are taking off street widening J.L. -- Mr. Plummer: They are going to take the street widening anyhow. Mrs. Gordon: I don't see what's your big rush. If anybody will tell me what their big rush is, maybe I can go along on it, but I just don't understand i:. Mayor Ferre: Wait, wait a minut, now as the chairman of this board, there is a motion, now, is there a second to this motion? Going once, Mr. Plummer: The motion is that the intent of this Commission is to immediately acquire those parcels as outlined by the Manager, subject to the cost analysis final by this Commission. Mr. Reboso: And it has recommendation of the City Manager and the City Attorney, right? Mrs. Gordon: No, that's not what the Manager recommended Mr. Reboso, he recommended something entirely, he recommended in a large area. Mayor Ferre: We all agreed on that. It's a much better idea. Mr. Reboso: I second the motion. Rev. Gibson: Now, the motion is, Plummer, that - Mrs. Gordon: All of the that was filled in and also those parcels which the court said we could take, is that what you are recommending Mr. Andrews? Mr. Andrews: The parcels that the court have identified that we can take, plus the part that has been filled, plus in your motion direct that we get together with the county and the state so that join us to take these parcels Mayor Ferre: All right, I would like for you to include in the motion so that nobody will misunderstand that if and when the supreme court rules on this thing, if they rule in our favor, it is our intention to buy everything else that's left so that there is no question about it, ok? Mr, Andrews: May I confer with the City Attorney for a minute? Maybe, there is way of approaching chat and I don't know --- Mayor Ferre; All right, another 87 APR 101975 Mrs, Gordon: Mr. Mayor, while they are conferring, may 1 make some comments? Mayor Ferret Go ahead: Mrs, Gordon: With regard to the channel, there is a great question of whether or not the city already has the claim. The same kind of claim they may have on the ball point. I think we better let Mr. Lloyd handle that and come back to us with a recommendation. Mr, Lloyd: I recommend that you not add that element to the motion because what We will be evaluating is how the supreme court arrives at it's decision, but there is another alternative available to the city using the new legislation to approach the rest of the property. Mrs. Gordon: When is our next meeting Mr. Mayor? Mayor Ferre: April. 22nd. Mrs. Gordon: Why don't we defer this to April 22nd, let the Manager come up with something. 1 the motion. Defer this until April 22nd. Mayor Ferre: We have a motion and a second. Now there is a substitute motion that this thing be delayed. Hearing none then on the main motion. Mrs. Gordon: Repeat the main motion please. Mayor Ferre: The main motion is as follows as I recall it that this City of Miami Commission go on record in the intent of taking parcels as outlined in this map, 1,2,3,4, 5 parcels. Mrs. Gordon: Point them out Mr. Andrews, there will be no misunderstanding. Mr. Andrews: The yellow one, the black one, the one in red, this one in black, that one in red, this one in yellow. Mayor Ferre: Which the courts have already approved are taking in addition, all the area that has been filled. Mrs. Gordon: Are you including that now? Mayor Ferre: Yes. Mr. Andrews: Plus you would include in your motion giving direction to the City Manager, the City Attorney to deal with the state and the county in that they would proceed o acquire the right of way purposes for Biscayne Boulevard, these parcels in here, those two parcels. Mayor Ferre: All right, there is a motion and a second. Further discussion call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-339 A MOTION OF INTENT TO ACQUIRE FROM THE F.E.C. RAILWAY COMPANY FIVE PARCELS OF PROPERTY AUTHORIZED TO BE TAKEN BY COURT ORDER, AS WELL AS THE AREA WHICH HAS BEEN RECENTLY FILLED BY THE F.E.C. RAILWAY CO. Upon being seconded by Commissioner livbosi , 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.Piummer Mayor Maurice A..Ferre NOBS; None, APR 101975 88 The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO. 75-340 A MOTION REQUESTING THE CITY MANAGER AND THE CITY ATTORNEY TO ATTEMPT TO HAVE THE STATE AND COUNTY PROCEED WITH THE ACQUISITION FROM THE F.E.C. RAILWAY CO. OF RIGHT-OF-WAY FOR WIDENING BISCAYNE BOULEVARD. 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. The following motion was introduced by Commissioner Gordon , who moved its adoption: MOTION NO. 75-341 1 A MOTION DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO CONSULT WITH THE SPECIAL COUNSEL INVESTIGATING THE TITLE TO THE BALL POINT PROPERTY IN AN ATTEMPT TO DETERMINE THE CITY'S WATER RIGHTS TO THE CHANNEL IN THE AREA OF BAYFRONT PARK. 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 Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None. ARR 101975 50, ENTER INTO AGREEMENT - n' LE.ARY-S(IAFER ANb ASSOCIATES LANDSCAPE ARCHITECTS FOR DESIGN SERVICES MINI -PARK: 46 WEST FLAGLCR STRLLI Mayor Ferre: Now, Ladies. and Gentleman, so nobocy misunderstands we all want the same thing the differences that we have had this t.fternoon are just in the way we go about it, that's all. We all want to end up in the same place. All right, now we are on item it 39. Mr. Andrews: Mr. Mayor and Members of the Commission, Mrs. Gordon had some questions with reference to why we were using a consultant in order to further the development of a plan to provide the Mini Park on 46 W. Flagler STreet. Mrs. Gordon: Yes I did, because I feel that we have a capable Planning Department and if they can't plan for a Mini Park, 1 don't know why they catit/ and $11,000,00 of our money could be well spent in another direction or for some of the improvements. Mr. Andrews: Mrs. Gordon, I must explain that the Planning Department prepared a preliminary plan that got this whole process started. The preliminary plan has changed somewhat. The purpose for hiring an outside architects(landscape architect) is for him to take that plan now1develop a firm plan that this Commission can except as development of that park, then take it the next step further and driw the plans and specifications for bidding processs, put. that out for bid and receive bids for the works. Mrs. Gordon: I recognize it but can you tell me that we don't have that kind of quality in our department? Mayor Ferre: Wait a minute, let me answer that. We have the quality, for example, Rose to design a building such as the Police station, or how about Bicentennial Park that we have gone out. Mrs. Gordon: That's also a much .larger process. Mayor Ferre: But I think we've got. to ,o to professional that can really come up with a quality product. I agree with Mrs. Gordon in this sense. I think $11,000.00 out of $110.00 is kind of high, but I certainly am not going to go against the argument that we do need professionalism. Mr. Lucius Williams: Mr. Mayor and Commissioners $11,000.00 is the A.F.L.A. schedule which is really not --- Mayor Ferre: In other words, thatfthe standard in the profession. Mr. Lucius Williams: Absolutely, as a matte^ of fact it might he a little bit under, because we have to do a few extra things. In terms of the staff Mrs. Gordon, I share your concern and if this were a neighborhood Mini Park indeed, the Parks Department and Planning Department does design those, but let us keep in mind and let me take this opportunity to pass these around and I invite you to especially look at them in this order. because the similarity of what we are doing is absolutely unique. This is Payley Park in Manhattan, the first Mini Park developed in Manhattan and probably the first in the city. You see it's a unique extremely urban setting which requires particularly concerns with urban spaces. Now, to give you the impact of what I am saying. Let me ca11 to your attention that during the past three or four years when we have had some discussions of Bayfront Park and the possible other utilization of that park. I have doiie :surveys to find out how many people use that park and the average run from ? to 5 persons per acre during the day time hours, if you w111 look in these pictures I can count h5 people sitting in that portion which is shown, that park Is 4200 sq. ft. which is 1/10 of an acre or multiplied 650 persons hut with this kind of uniqueness, this kind of intensity, it requires expertise that our department does not have.. Mayor Ferry: 1 completely agree. 1s there a motion for or against it? Moved by Plummer. is there a second? is there a second on item 39, the Manager recommends? Seconded by Rebuso. Further discussion call the roll. 9 U APR 101975 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-342 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK T() ENTER INTO AN AGREEMENT WITH O'LEARY-SHAFER AND ASSOCIATES, LANDSCAPE ARCHITECTS, 'OR PRuFI•:tiSIONAL SERVICES FOR THE DESIGN AND DEVELOPMENT OF THE 46 WEST FLAGLER MINI -PARK, FOR A FIXED FEF OF $11,000.00 FROM THE FUNDS ALLOCATED TO Ial'.`'!'.LOP DOWNTOWN URBAN PARKS INCLUDED IN THE BOND ISSUE FOR PARKS AND RECREATIONAL FACILITIES APPROVED BY VOTERS IN AN ELECTION ON MARCH 14, 1972. (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 Cordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 51, DISCUSSION OF NEGOTIATIONS FOR ]RANGE BOWL SCOREBOARD Mayor Ferre: Take up item 40. The Manager recommends , resolution authorizing City Manager ---- Mr. Reboso: Let me ask one thing, Mr. Mayor are the two firms here? I would like to defer this item to the next --- Mayor Ferre: I am going to add to that.. I think it's important that we get to know and see the exact bids of each one of these people. 1 know you sent them over to my office. I haven't had time to read them Paul and I do think it's important that we really analyze the impact . because that memorandum that you sent us, I read that thing three times and frankly I can't tell :a difference between one and the other and the other thing .about this M Mr. Andrews: The other thing about this Mr. Mayor, I will furnish you with a chart and we prepare, we have a great big exhibit here to discuss it with you in detail and then furnish you a copy of that chart. This is a very complex thing. The city in attempting to treat these people fairly and if Judge Barrett is the only represent- ative here and others, they will all stand and speak because we spent a great deal of time together and not only analyzing their written proposals, but having several meetings with these people and we have not tried to specify the kind of sign that we would have in the Orange Bowl to the extent that it was iron clad that it would rule out any one of the potential suppliers of the sign and by doing that we created an open end situation with certain controls so that they could come to the city and make their proposals available for us to analysis and that's caused some complications but we think we have done our homework. Now, I will supply you with additional. informat- ion by memorandum in addition to the proposals then if you wish to postpone this for two weeks, Mayor Ferre: There is a motion to postpone item 40 until the 22nd of April. Is there a second? There is a second. Further discussion call the roll, 1.11.01.1.00.0.1110.1.111.1011.10101110111111111. APR 1 0 1975 There upon being no further discussion, the following motion was introduced by Commissioner Reboso, who moved its adoption: A MOTION TO POSTPONE ITEM 'i40 OF THE AGENDA UNTIL THE NEXT COMMISSION MEETING ON APRIL 21, 1975. 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. CHAPTER 50 52, PROPOSED ORDINANCE: SHIPPING VESSELS AND DOCKS ETC, Mayor Ferre: Now, we are going to take a break in a moment, because we have been at it all afternoon. A break for 5 minutes. Does anybody have to go or be heard or something that we have to move back on Mr. Andrews: Mr. Mayor, may I suggest that unless you want to take that break prior to item 11 42, but there has been some request that this matter be postponedfor an additional(2)weeks , I don't know whether that's a proper thing to do at this time or not, that's up to the Commission to decide. We are prepared to discuss it or accept that the Marine Counsel has pointed out certain matters in relation to the ordinance that which are minor in detail hut which we could adjust prior to having the hearing, but that's --- Mayor Ferre: But the question is are we going to hear it today, or are we going to postpone it? You would like to have it postponed is that what you --- Mr. Lucius Williams: Yes, two weeks so we can discuss it and make a better ordinance. Mayor Ferre: All right, what's the will of this Commission? Mr. Reboso: I move it. Mr. Andrews: You better find out who else in the audience here wants to talk on this item. Mayor Ferre: Does anybody have any objections to this matter being postponed for two week? Mr. Andrews: To the 22nd Mr. Mayor. Mayor Ferre: There is a motion and a second. Further discussion call the roll. There upon being no further discussion, the following motion was introduced by Commissioner Rebuso, who moved its adoption: A MOTION TO POSTPONE ITEM 042 OF THE AGENDA UNTIL THE NEXT COMMISSION MEETING ON APRIL 22, 1975'. 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 Mayor Maurice A. Ferre NOES; None. 9 APR10195 53. BUS BENCH ADVERTISING CONTRACT °fSCUSOFoITEND WITHDRAW Mayor Ferre: Ladies and Gentlemen, it's almost 6:15 F.M.; we still got 2 mote hours of work and we have been at it since early this morning. I would appreciate your cooperation. AIL right, now we are going to take up the next item on the agenda. Item #41, is ordinance amending ordinance no. 8.i45 which appropriated Federal Revenue Sharing Funds, transferring $25,000 from the appropriation to the three Model Day Care Centers moved by Mrs. Rose Gordon, is there a second? Seconded by Rev. Gibson. Mrs. Gordon: Wait, wait a minute, Maurice, that one we did this morning, and we deferred that. Mayor Ferre: You deferred item 41. Mr. Andrews: Mr. Mayor, we all they way up to item 11 48 now. We did 43, was deferred, 44, 45, 46, 47 have been completed and we are now on 48. Mayor Ferre: We are now at the bus benches. That's the one I want to talk about. Mrs. Gordon: Maurice, I told them about the letter you sent, which indicated that you should be present when we take it up. Mayor Ferre: On item 48 Mr. Manager do you want to tell us why you want those bus benches advertising? Mr. Andrews: I am recommending this because we put out a contract pursuant to the City Commission wishes that we continue providing bus bench service through a concession- ary who would re -franchise in the city right-of-way to provide these services. We took our contract and in order to give smaller contractors and individuals who might become interested in providing bus benches We divided the city into four geography areas hoping that other agencies might become involved in providing 'ius bench service to the city. We received only one bid for the entire city. There we a no other bidders. This bid represents an increase of about $3,000.00 a year over our previous arrangement. Mayor Ferre: All right, now I want to express my opinion on the record. I think that the editorial that was published in the Miami Herald, and I won'taround by saving certain newspapers. I am not going to be that polite, the Miami Herald is a despic3h]e,low, sarcastic,cynical , typical, editorial of the Miami Herald. I am going to put it in those words. You know, the approach of this editorial is to me vouched in such a way that it is maliciously intended to make the City of Miami look bad. Any way we go. In other words, if we vote with the Manager then they can say, what we said was true. If we vote the other way, then they laugh. Well, we forced the City of Miami to do the right thing. Now, I always thought that editorials were commentaries by the so-called conscience of the community commenting en what has happened in the community. I think some of the editorials in the Miami Herald have the intentions not of commenting or not of criticizing but of directing and molding and giving directions to what happens in government. Now, I don't think that we run for editotiisof the Miami Herald and I think the Miami Herald would be best advised to criticize , which they always do any way, no matter what we do, but to stop trying to before things happen castigate and predecide which direction they are going to go. I might for the record and I will submit it before the record that a week ago I wrote a letter which I sent a copy to all of the Miami Commissioners saying, that I was going to vote against the advertising on bus benches, so I don't know who they were talking about, but they were pre -judging me they made a mistake and the rcst of the four of you can speak for yourselves. Mrs. Gordon: That's the reason Maurice that I brought up this morning the fact that I was sure you would want to be present when this -- Mr, Plummer: 1 didn't get such a Letter. Did you write us a letter stating that you were going to vote against advertising on any bus benches? Mrs. Gordon: 1 did. Mayor Ferre: 1 wrote a letter to a lady who wrote me and in answer to her letter, I told her that it was my considered opinion that if we could avoid it that we should not put advertising on bus benches, because we have had enough time fighting Neon signs and all kinds of bill boards problems. Mr, Plummer: oh: What is your solution to avoid it? 93 L\PR n 1975 Mayor Ferre: The City of Miami is going to have to come up with the money. Mt. Plummer: You are talking about the City of Miami is going to come up with $100,000.00. Mayor Ferre: No, $20,000.00. Mr. Plummer: Did I reed somewhere $100,000.00. Mayor Ferre: Oh yes, $100,000.00. Mr. Andrews: Mr. Mayor, let's go back over this, you will recall that I supplied the City Commission with a report which provided that we phase out the bus bench advertising and the city assume the responsibility and the burden providing bus benches in the public right-of-way. Ti was pointebut to the City Commision at that time by my figures, if I remember my figures, that there would be an expense of 50 to 60 thousand dollars to replace the bus benches, plus the loss of $15, 000.00 at that time and the revenues that the city receives through this so that we were talking about $75,000.00 in spread of cost between the city dtring this and main- taining It . After considerable discussion, the Commission arrived at a conclusion that we should continue with the proposal that bus benches we furnished by private enterprise through a concession or a franchise, following that we proceeded then based on the Commission's policy in good faith to go ahead and carry that out to the best of our ability and we thought we were very clever dividing the city into four parts so that we could even get more people involved in providing this service, but we only received one hid and based on that one bid, I am recommending to the Commission based on your prior policy that we award it to that contract. Mr. Plummer: Let me ask a question, and 1 don't want to be prefaced by saying this, I don't want this to be misconceived that I am trying to throw a hot potato, but you know really, they should be provided by the bus company. It's a convenience to the bus riders and it just stands to me for good reasoning that M.T.A. is the one who should provide the convenience for their customers. Mr. Andrews: They turned us down. Mr. Plummer: Well, you see the turned us down because it's $75,000.00. Now, why are we placed in a position of puttine.•t convenience for their customers, they are tax payers no questions, but it just seems logically, (you know) if I run a grocery store, I am not going to ask somebody down the street to provide delivery service. Mayor Ferre: Well, let them stand, unless the Miami Herald wants to pay for the benches. Mr. Andrews: If I may use the expression "the hooker", in this is t:hat if you do that you will lose control of the bus benches by passing on to Metro and I recognize that we have a better relationship now we have ever had with Metro, but they are in desperate need of funds because that's tax support. They will turn around and place advertising on it and they will give the $18,000.00. Mayor Ferre: The problem, of course is that (I will not name the newspaper) but there are certain people who are very concerned about advertising dollars, perhaps that might be the of it, but anyway let them worry about it. As far as I am concerned I think the time has arrived where we try to beautify our streets and I think one way to do that is to get all of this advertising out as much as possible. Mr. Andrews: Now, we did take one step further in setting this contract up and that is there will be no advertising on bus benches where they are in a R-1, R-2 zone. They will have to ft_rnish the bus beneli,but they can't put any advertising on it. Mrs. Gordon; When does this contract_ expire that they presently have? Mr. Andrews: I think it's on a month to month basics, Yes, it expired about 6 months ago and it's on a month to month basis extending the existing contract. Mrs. Gordon: Well, I can't but agree, I haven't ever .liked the bus benches, it isn't today's dislike. I never liked them. I went along on them because the same arguments that we needed the money, but I think that with the next budget coming up within a matter of months and with us finding other money for other things like we are finding money for a Mini -Park consultant so -to -speak, I think we can find the money to put some benches out if we feel we need theta and maybe we can get Metro to put them out, Metro (it's been said before today) hasn't done very much for the City of Miami and APR , 01975 It if they put some benches out. They are now operating the service themselves, they didn't do it before. You had to deal wl.th an entity c.alled the Metro Transit Authority, which was an independent body. Now you ate telling with the Metro Commission and the Metro Manager. Is that right? Mr. Andrews: May I suggest this - I sense at least a slight change in attitude on the Commissioners part, that you postponed this. We are on a montt to month basis with these contractors anyway and if you will give me the latitude to talk to Ray Goode and Dr. Dyer and we examine our own city properties where we might place benches without advertising in front of city properties, parks where ever the buses stop and if Metro would do the same thing, maybe we could the gap at the point where we could achieve the combined program in which we might get bus benches out without any advertising. Mrs. Gordon: Fine. How do you want the motion worded? Mr. Andrews: I think if you just don't ask on this, I will go ahead and pursue it that way with your permission. Mayor Ferre: All right. Do we need a deferral or just not act on Lt. Mr. Andrews: Just not act on it. Defer it at this time. Mayor Ferre: Motion to defer it. The thing to do is just not to act on it. We will take up item ;149. 3 0 54, STOP SIGNS ON ALATKA, AT NOC-A-TEE AND r1ICANOPY IN COCONUT GROVL Mr, Andrews: We received a report from Metropolitan Dade county traffie and they have a representative .sere who will explain what is being proposed but I think Mr. Grimm can run through it quickly and the gentleman from Metro traffic can answer any additional questions and you can open it up to the, Mr. Grimm: This might be a little difficult to see, I'll turn this around so the audience can see it, basically, what Metro is pr3posing is from Samantha Drive on Bayshore to Alatka, that one of the southerly bound lanes be converted to a continuous left turn lane. Mayor Ferro: Turn it so the neighbors can see it, --- Mr. Grimm :--that this center lane on Bayshore Drive be restricted from the entrance here on Bayshore to Bay Heights, all the way down here to the entrance to the hospital, be restricted t.o a left turn lane. Further that Alatka,--I mean Tigertail be closed at Alatka, that from Tigertail to Bayshore, Alatka become one- way and that some additional pavement be constructed on 17th Avenue at U.S. 1 to provide for more adequate right -turn lanes. Now I believe there was an additional suggestion by Commissicner Plummer and Commissioner Reboso that right tutns be restricted at this intersection so as to avoid some of the problems which now happen with people coming down here and using these residential streets as a by-pass to U.S. 1. That I believe is the plan. Mr. Plummer: I'll make my comments first. First of all, I have no disagreement ---I think the left -turn stacking lane on Bayshore Drive is impractical. I don't think it will work, that is my personal opinion. I question the need for one -waving Alatka, I think the same purpose would be achieved by merely making no right -turns off of Bayshore on to the two streets. Tha is my personal opinion. We all acknowledge one fact. That fact is we want to force the traffic to use 17th Avenue which is the main arterial and I think that is the only way that you are going to accomplish it, because if you make Alatka one-way without doing anything to Hailisse e, all they are going to do is come down one more block and make their right turn. So whatever it take to accomplish it I am for, I think the closing of Tigertail entrance, --I am for it, it is great. What does the man from Metro have to say in reference to making no right turns on to Halissee? What is your recommendation? Unidentified person: It is a possibility. The problem with just putting up a sign 'No Right Turn' is that it would require constant enforcement if it were made one-way. Mr. Plummer:You are thinking of making Halissee one-way south bound the same as Alatka? Unidentified person: That could be done as well, yes, if the commission wanted that. Mr. Plummer: Well that is a thought. Unidentified person: These streets are primarily residential streets. We are mainly concerned about traffic flow along Bayshore and 17th etc. What happens to the residential streets l guess is primarily, --- Mr. Plummer: Let me ask one other question. Rose, I am addressing this to you primarily. Rose, they made a suggestion once before and I know you have great opposition to the widening any further of S. Bayshore Drive, but I question whether or not that you would have any great problems in your mind if they widen just the north side of the street from the narrowing which was Alatka or near Alatka, to 17th Avenue to give a right turning lane. Would you have any great opposition to that? I live closer to it, and can see where this would be a great help and they are only, I think if I remember correctly before you were only talking about an additional two or three feet of right-of- way, I am not talking about the other lane Rose, I am just talking about the one. 96 APR 101975 Mrs: Gordon: The feeling that I have is that, if you gi•'e a finger, you might lose you hand, and the feeling of the people that are concerned with widening Bayshore Drive, and I am only one, Mt. Plummet: I don't mind giving the finger but I am afraid of getting My throat cut, and that is what we are fighting. Mts. Gordon: My suggestion is if you want to do this, that you do it by way of a public hearing and then get a consensus of the public feeling, --- Mr. Plummer: -fine with me. ---- Mrs. Gordon: --and if the public won't raise strong objections, Mr. Andrews: if I may interrupt and assist the commission, that meeting could start on the basis that you made a commitment to them that something would be done without first consulting them and by explaining the problem to them, and asking them to participate. You might very well come up with a good solution. Mr. Plummer: Let me ask if this is possible. Is it possible that we could proceed with what you have delineated here today and then go for the public hearing for that additional three feet from Alatka to 17th Avenue for a right turning lane. Is that possible Mr. Andrews? Mr. Grimm: Both agencies would be involved. PUblic Works can handle whatever you want done on the paving, can also handle closing Tigertail and Alatka. The answer to your question is yes. I would like to suggest however that we do the. closing in manner that would allow it to be subject to trial by the people that live in Bay Height:, and that we not do anything very permanent so in case they change their minds . Mrs. Gordon: I want to understand completely myself because I maybe was not paying total. attention. You are talking about closing Alatka at the highway ----is that it? Mr. Grimm: No, Ma'am, closing of Tigertail at Alatka. Mrs. Gordon: Yes, Mr. Grimm: What I am suggesting is we do this with some asphaltic curbing or some other minor installation rather than going and closing it for a full block and landscaping it until it has a chance to percolate a little bit in the neighborhood. Mr. Plummer: Like you did at 19th Avenue? Mr. Grimm: Right,------ Hrs. Adele Kanter: I would like to bring up a couple of traffic problems that you ar:} going to create which don't seem to have come into consideration. If we are going to have one entrance in and out of Bay Heights, we are going to need a traffic light at that entrance to accomodate the traffic, the additional traffic that is going to be using it. Also you are going to be putting additional traffic on S.W. 17th Avenue which already has a big stacking problem at that intersection. That intersection should be widened to allow for left-hand turns and perhaps we should consider an alternate route for the people in Bay Heights to get to Dixie Highway, perhaps by going east on Bay Shore Drive to Federal Highway, and making a left -turn lane on Federal Highway to proceed southward on Dixie Highway so that we are not dumping all this additional traffic onto S.W. 17th Avenue which is a residential street, to say we would go to the corner of Federal Highway and S. Miami Avenue with a left turn there and we would be on S. Dixie Highway going south without putting additional strain on 17th Avenue. These things have not been considered in your report. 1 think they should be, Mrs. Gordon: I think that is a good idea. 1 am concerned too about the -A--any widening or any re-routing that is.going to bring more traffic on 17th. It is a very bad stack up area. I travel that way. You can't make a right turn either because it prohibits that. Mr, Plummer: One of the proposals is a right hand turn stacking lane on 17th Avenue headed north. 9? APR 101975 Mira. Gordon: At U S 1? Mr, Plummer: At U.S.1, that is one of the ptopsals. Mrs► GotdoN: You would have to take some right-of-way from those home owners there. Mr. Plummer: I am ready :o move it with the exception of the widening of Bayshore Drive which we will et for a public hearing. I'll move everything else. If you want it delineated. Mrs. Gordon: Delineate it very carefully J.L. Mr. Plummer: No. 1 the closing of the entrance to Bay Heights at Tigettail, ----they are all in favor of it, No. 2, I want to ask a question, Vince, why couldn't we do that from Micanopy south. Mr.Grimm: You could, Mr. Plummer: ----that we make it one-way from Micanopy, on Alatka from Micanopy to Bayshore, we make it one-way from Micanopy to Bayshore on Halissee, both of those one-way headed south, that we agree with the widening of a right -turn lane for 125 ft. headed north on 17th Avenue at Dixie Hihway, that would be the intent of the motion, --I am sorry, the left turn lane stacking on S. Bayshore Drive headed south. Mrs. Kanter: What about the traffic lights, ---and the left turn lane at Federal Highway? Mr. Plummer: Let's get this which is their recommendation. Let's get that digested then we will make the other motions. Mrs. Gordon: The Bayshore one we were going to eliminate for a public hearing. Mr. Plummer: Yes, yes, very definitely. That is not included in the first motion. I move that as the first motion. Mr. Reboso: I second that. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 75-343 A MOTION DECLARING THE INTENTION OF THE COMMISSION TO CLOSE THE ENTRANCE TO BAY HEIGHTS AT TIGERTAIL AVENUE; DECLARING THE INTENTION TO DESIGNATE ALATKA STREET FROM MICANOPY AVENUE TO SOUTH BAYSHORE DRIVE AND HALLISSEE STREET FROM MICANOPY AVENUE TO SOUTH BAYSHORE DRIVE AS ONE-WAY STREETS SOUTHBOUND; AGREEING TO PERMIT WIDENING OF 17TH AVENUE FOR A DISTANCE OF 125 FEET TO CREATE A RIGHT TURN LANE AT SOUTH DIXIE AND AGREEING TO PERMIT A LEFT -TURN STACKING LANE ON SOUTH BAYSHORE DRIVE SOUTHBOUND 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 Vice Mayor J, L. Plummer Mayor Maurice A. Verve NOES; None. Mr, Plummer; My second motion is we schedule for the 8th of May a public hearing, Mr, Andrews, for the additional 3 foot widening from approximately 98 APR 101975 Alatka to 17th Avenue for the sole• purpose of a tight hand turning lane onto 17th Avenue. That is the second motion. The following Motion was introduced by Commissioner Plummer who Moved its adoption: MOTION NO. 75-344 A MOTION FIXING MAY 8Th, 1975 AS THE DATE FOR A PUBLIC HEARING ON THE WIDENING OF THE EAST SIDI' OF SW 17TH AVENUE FROM APPROXIMATELY ALATKA STREET TO 17TF AVENUE FOR THE PURPOSE OF A RIGHT TURN LANE ONTO 17TH AVENUE 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 Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. Mr. Plummer prior to casting his vote: I am sorry, I am told I did not include the name of South Bayshore Drive on that, so I include it and I vote 'yes'. The third motion is that for the consideration of the people in Bay Heights who have now been limited by their own initiative to one opening that we peition Metropolitan Dade Traffic and Transportation to place a traffic signal device at that opening, A,----B,--- Mr. Reboso:----Samana and Bayshore,---- Mr. Plummer:---B, that a means of left -turn off of Bayshore Drive headed north to give access to travel south on Dixie, do you follow that? If you come out of Bay Heights you go north on Bayshore Drive, then a left tu:-n so you can come back and go south on Dixie, and I offer that in the form of a motion. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 75-345 A MOTION PETITIONING THE METROPOLITAN DADE COUNTY TRAFFIC AND TRANSPORTATION DEPARTMENT TO PLACE A TRAFFIC SIGNAL DEVICE AT THE OPENING OF SAMANA DRIVE AND SOUTH BAYSHORE DRIVE, AND THAT A MEANS OF LEFT TURN OFF SOUTH BAYSHORE DRIVE NORTHBOUND TO GIVE ACCESS FOR TRAFFIC TO TRAVEL SOUTH ON SOUTH DIXIE HIGHWAY 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 Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. Mr. Plummer: A point of clarification, now that I think Adele and to the rest of the people of Bay Heights, we have settled your problem, I think without question, Now, I can see at this time no opposition from your group, Mr, Mayor, 99 APR 101975 what I am saying, that this commission in the adoption of the Coconut Grove Master Plan which advocated without J. L.'s knowledge what the closing of Alatka and Dixie and Halissee and Dixie, and that was approved, and I want for the record now, that there would be no opposition from the Bay Heights people in the closing since it now noes no affect you. Is that agree? Okay, fine. URGE METRO. TRAFFIC & TRANSPORTATION DEPT, NOT To SEND HEAVY 55i ithEFAAHREg RESIDENTIAL AREAS TO ACCOMODATE Mt. Plummer: There is one other thing, in fairness to trying to be a cot- inissioner for all of this, I wan on a radio program the other night and some people called in and I think in the interest of fairness, --to the man from Metro traffic, I would like to address this to you. I receivad a call on this radio program where I appeared, that stated that the Blue Dash is creating problems, not only in the city of Miami but elsewhere, and more importantly they brought out Bird Road and Dixie Highway, where you have, not you maybe, but it is with you, and i1TA, have seen fit to divert the westbound traffic on Bird Road to the left, to the right, the right,whatever those streets are, through solely residential areas, -- Rev. Gibson: ---Hibiscus, Day and to Douglas, Mr. Plummer: ----whatever those streets are, I would like to see this commission humbly request of you, that you make some other arrangements other than diverting heavy traffic through residential sections. If you want that in the form of a motion or whatever it 1s, I think we have to do it in fairness to those people that live there around 37th Avenue and Bird Road. What would be the best for us to do sir? Unidentified person: There are a number of cases where traffic had to be diverted through residential areas because of the prohibition of left -turns and prohibition of certain movements to make the Blue Dash work. The whole scheme is going to be reviewed. It has to be reapproved. I believe July 2lst is the end of the first year and it has not been decided whether the whole scheme will be continued past July 2lst. Mr. Plummer: When will the review take place? Unidentified person: I don't know. Mr. Plummer:I would like to offer a motion Mr. Mayor on behalf of the people of this city who live in that particular area that we strongly urge Metropolitan Dade county to make some other arrangements than to send heavy traffic through residential areas just to accomodate the Blue Dash,and I will offer that in the form of a motion. (applause) The following motion was introduced by Commissioner Reboso who moved its adoption: MOTION NO. 75-346 A MOTION OF INTENT TO URGE METROPOLITAN DADE COUNTY'S TRAFFIC AND TRANSPORTATION DEPARTMENT TO MAKE OTHER ARRANGEMENTS THAN TO SEND HEAVY TRAFFIC THROUGH RESIDENTIAL AREAS MERELY TO ACCOMODATE THE BLUE DASH EXPRESS BUS 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 Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES; None. 100 APR 1.01975 Mayor Ferre: Now, I see some of you thatare here, obviously on the Police Academy Are there any other public items on the agenda that want to be heard? Mr. Vincent Grimm: Mr. Mayor, may 1 ask a question first, iid I understand the Commission's directions to also close Alatka and Hallisse_e at U.S. 1 at this time? Mr. Plummer: May I offer you a suggestion, take it easy, do this first. will it take you It, do this? Mr. Vincent Grimm: Well, we should pul:lisli it in the newspaper, so that has public notice, about a week or so. Mr. Plummer: tlk. I would suggest you got. that done and get that in and let me circulate the word among the rest o!: th€ neighbors, then we will proceed with the second part of Alatka and Hailissee later. Mayor Ferre: All right. now bikeways. We urgently request the City Commission to direct the Manager to 1 ve proper department to immediately prepare a compretensive bikeways plan we have that. Mr. Andrews: They covered all that. You missed the whole thing, the whole thing was about a master plan with the county, a master plan with the city, intergrating both of them -- Mayor Ferre: He was with her, Mr. Andrews: 11 don't or_-Jer,tand the problem? How long everybody Mayor Ferre: c,;e says; tit we need •t master plan for a comprehensive bikeway plan and now what 1 am .e3kittt; von ' that we have already done that) then give him a copy, get one from the Mr. Plummer: 1 think Mr. :1::ver, more importantly what you should tell him is if this is coming up betorc Metro nn Thursday and that we plan on appearing there. Mr. Seth Skiarey: I was here right. I had to appear here to present that view. What I am saying is that the city needs a comprehensive plan to work out so that you don't have problem:, like you ended up on Bayshore and gunned through the whole city and there should be planning, standards, and all these things. Mayor Ferre: Mr. Andrews: Mayor Ferre: Mr. Andrews: Mr. Andres what we have is not: sufficient, is that --- I think it is Mr. Mayor. Have you seen what we have? And if there are any elements that we don't have, we plan to make sure that we have a comprehensive plan. Mayor Ferre: You see he is talking without knowing what we have, do you know what we have? Mr. Seth Sklarey: May 1 s:ee what you have, 1 don't have one? Mayor Ferre: You see what we have. II you wont to he heard again you write the Manager and we will put you on the agenda for the next time ok? 101 APR 101975 56. PERSONAL AP EPRANCE - 'iICKI DL ALBORNOZ CULUMBIAN CULTURAL EXCHANGE PROGRAM Mrs. Vicki De Albornoz: Mr. Mayor Ferre, distinguished Commissioners: J.am. iltam. Columbia, but living in Miami for 18 years. Departments of the Americas the largest people to people program in this hemisphere legion 43 states of the union working together with 18 1. in-Aneric.ans Countries in programs of health, agriculture, student exchange, ,ports, and cul t-uralexckanglaave arranged for the finest ballet and folk groups from Columbia to appear in Miami at the end of September. The group i;: composed of 60 dancers doing folk dances from all different regions of Columbia. From Miami they are going on a nation-wide tour which includes appearances at Madison Square Gardens in New York City and Kennedy Center in Washington, Departments program brings people together and the projects so that they can help solve the problems of the hemisphere in health, agriculture, and education. So the reason we are bringing the ballet is to generate more interest among the citizens of Miami toward Columbia, by y; 1.', i cat; them :an ::appreciation of the rich cultural heritage of Columbia. HI the same manner that Coral Park Senior High School Band is at present performing in Columbia ou the Depart monts; sharing American Folklore Program. Proceeds of their performance In f3o ata will be going toward the buildine of a hospital at Ciudad Kennedy. A conglomerate of half a million people with no hospital. Mr. David , our Associate Director of Departments of the Americas in Washington personally arranged for the ballet to come to Miami so that its appearance could raise money for the existing projects of the. Florida Columbia Partners. Mrs. Maria Franci_sr3'campaign Cultural attache in Michigan came to to meet with Mayor Ferro with a proposal to him to please help her project get the facilities to present the ballet and to have the City of Miami as sponsor to it with a cost of about `'3,000.00. Mayor Ferre like always in the most enthusiastic manner together with his As5,1st:rant Mr. Frank Cobo, who also h?s been ihstrumental in **entqt}n{tlais area has prop:eeded to go forward in helping us t et out this project that is the ;n n reason for my brain here today and now I will let Mayor. Ferre talk a little bit about. it. Mayor Ferre: Wel i , 1 i eirt%=inly an in favor of anything that will elevate the cultural level and we :al -:.a ;::= + tittle epi 1 t ti ng in this community and secondly, I am all in favor of enyt.hint; that: cements better relationships between the beautiful and great country o1 Coiumhla ;and the. `.state of Florida and particularly our sister city Bogata and the city of Miami. Now, the problem Vicki is that we have so many calls upon our lri, C .. a1,: t';`• budget L; as tight a'- the budget can be, that the City of Miami nt ti.is time ju t dog ; not have the funds to participate today. Now, let me tell. you tsh;tt_ we .iro doing though, we have made an application to the National Endowment fc:,r the Arta, and hopefully, Nora Swan and a group of us will be going up to see Mrs. Nancy l(,nl.' whe :s the chairman in the next few weeks and perhaps other members of the C;otcuaiss.i_rrr and the Administration would join us to plead with her our case. Now, in addition to that, Mr. Parade2 and the Administraticn have also made a requisition to the State of Florida for $168,000.00 for cultural items, now if we are successful. in crit_hor or both of these or part of these grants, then I think we will have funds that we will be able to select, certainly in our order of preference especially since as I understand the troop has been invited to stay at J.L. Plummer's house. I am sure this Commission feels very, very close to our sister city to Bogata and that certainly the dance company from Columbia would have preference over any other dance company that would come here, as you know there are others that come here, like the Mexican Bailee, that':; sponsored by the U Organization, but we certainly would be in favor , I atn sure, but right now we just don't have the funds, so the only thing that 1 can say 1.s Mr. Andrews, I think the appropriate people under Parades should meet with Ctrs. Aihornoz and try to get the basic information.so that when we do, if and when we get the money we might be able --- Mr. Andrews: And particularly, we might be able to further strengthen our potential grant from the state by identifying this specific program as one of the programs that we could include because the slate's involved anyway with the whole state and nation Columbia. Mayor Ferre: I had an additional thought which is what I told you the other day and that is that you request, and L atn sorry Lucius Williams isn't here, that you requested that this be heard by the Downtown Development Authority because if we ever work our way out of the problem that we had with Star Theater, we are still somewhat in the whole on it, but if that can ever he worked out then this might be incorporated into that for Cusman Hail under the premise of Downtown promotion. Mrs. Vicki Albornoz: T. think we talked about the Marine Stadium, as well, Mayor Ferre: Well, the Marine Stadium as you know is a much larger and l don't think 102 APR101975 you are going to ever get a ballet to dance on that, that's a Mt. Plummer: I think you would have problems with the stage. Mrs. Vicki Albornoz: Really'. Mayor Ferre: Unless it's a swimming ballet, now if you want to make the swimming. Mrs. VickiAlbornoz: Well, since it's folklore and with a large Sunday night and the music -- Mr. Plummer: Vicki, may 1 suggest that you go over and look at the barge and then you come back and tell us? with Frank Mrs. Vicki Albornoz: We did, we went A the same day, we have even had lunch down there in that area and we went with a sister-in-law c4 the ColumbiaMPresident. Mayor Ferre: I hope you were doing this on your time, not the city's time. Mrs. Vicki Albornoz: Yes, my time. Mayor Ferre: Is there anything else you want to add. Mrs. Vicki Albornoz: No, except that I leave it in your hands because we do need your backing and your cooperation. Mayor Ferre: Well, you got our backing. I don't think it's anybody here who is against it. Mrs. Vicki Albornoz: Economic. (laughing). Mr. Plummer: Mr. Mayor, 1 would like to incorporate and I am sure Vicki would have no objection that the sister city committee have a representative to sit in on the meeting so that they can be a part of it. Mrs. Vicki Albornoz: Excuse me, 1 didn't quite hear that. Mayor Ferre: This should be a part also of the sister city. Mrs. Vicki Albornoz: i agree 100'% 1. don't: know why they never call me to the meetings because I am all for it, so I believe that in your meetings you could also insist that we have some representation there so that we can work together. It's a two way street. Mr. Plummer: I think it's all over now, we have a new president. Mrs. Vicki Albornoz: Good: Mayor Ferre: I think that these two committees, the Florida Columbia Lions and the Miami Sister City should have cross representation so that they know what we are doing and we know what they are doing -- Mrs. Vicki Albornoz: It will be very enriching for both of us. Mr. PLummer: And I should make mention Mr. Mayor, for the record that -- Mrs. Vicki Albornoz: Oh! and the Bicentennial also, we have a presentation that we have Steve Nostrand and some lady that was there with us --- janda Brown I am sorry. Mr. Plummer: I want the record to reflect the new president of the Sister City Committee Mr. Tom Economu was here today, but had to leave and was all in favor of this program and I think you are going to see a little bit different situation now with Tom Economu. Mrs. Vicki Albornoz: Thank you very couch. Mayor Ferre; Right on. Thank you. 103 APR i01975 S7, PERSONAL APPEARANCE — ARNOLD TUCKER, UsOE M. ATHLETIC DEPARTMENT WAIVER OF FEES AT INTERSQUAD GAME -ORANGE BOWL Mayor Ferret Now, we will hear from Arnold Tucker who is here representing U.of M. for Pete Elliot. Mr. Arnold Tucker: Thank you very much Mr. Mayor and Commissioners. l am representing the University of Miami. I work for Peter Elliot out there in the Department of Athletics. As you know we are new engaged in Spring practice in football and complete our Spring drills by playing a intersquad game annually in the Orange Bowl . Now, by city ordinance there is a parking fee required --- Mr. Plummer: Mr. Mayor move that we waive the parking fee for the intersquad game. Mr. Arnold Tucker: Thank you. Mayor Ferre: There is a motion and a second. Further discussion? Was this worth an afternoon's wait. Mr. Arnold Tucker: Well, last year you know we got a lot of complaints and remarks from the people who went down there to hark and of course when they found out it was $2.00 for the Spring game, they started going other places and we were the brunt of many of those complaints, so we thought it was worth the time and effort to come down and request the consideration. Mayor Ferre: All right there is a motion and a second. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75ej,7 A MOTION OF INTENT TO WAIVE THE PARKING FEES AT THE ORANGE BOWL STADIUM FOR THE UNIVERSITY OF MIAMI INTERSQUAD GAME. 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 Mayor Maurice A. Ferre NOES: None. 104 APR 101975 58; CORRECTING NAME - ORANGE BOWL CONSULTANTS Mayor Ferre: Is there an: thing else, there a public item? Mr. Andrews: One more that Mr. Ri.•. e is here -- Mayor Ferre: All right Mr. Rice. then Mrs. Swan and then we will count with the Police. A couple of years ago, we would have made you wait like everybody else but now you are a member of the public rather than the City of Miami. Mt. Rice: I want to tell vou it's a pleasure to wait and it's worth it. I would like Mr. Lloyd to ;Rake the t}resent.it. on because this is not just proposed by me, this is proposed by the L'::w Department also and it's to clarify the position of the city for purposes of our forth coming litigation. Mr. Lloyd: I think If 1 read the resolution, it's almost self explanatory, don't you agree with me Mr. R.ice't (At this time the City Attorney, Mr. Lloyd read the resolution). The idea was they just weren't quite completely identified with the first motions in the resolution. Mayor Ferre: is throe a motion? The City Attorney recommends, Is there a second? Seconded by -------- Further discussion. Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: t11:SnEUT1()N N0. 75-348 A RESOLE f l tr1h 3 I oN N0. 74-603 AND RESOLUTION NO. 74- 1035 I�i)R 1 BE'. PE;RPoSF OF CLARIFYING AND EXPRESSING THE INTEN1 01• (.1IY COMMISSION iN DESIGNATING THE SELECTEES FOR ORANGE 1i01?L 5`E'AD10M IMPROVEMENTS BY CORRECTING THE DESIGNATION O1' (ARC SM1.TE1 tr ASSOCIATES, INC. TO FINCH- HEEFY/CARR ti?SI'lE1 1. St?CL�,I'1;`;, INC., A PROFESSIONAL ASSOCIATION, PURSUANE To EI{IEIR SVii:ilT'1ED QUAJ.IF'ICATIONS; FURTHER AMENDING SECTION 2 oF RLS{JLU'1'IoN No. 7;i-1273 TO CONFORM RESOLUTION NO. 74-1035 td1Tl AMENDED MOTION r;0. 74-633 S0 THAT BOTH AMENDED MOTION NO. 74-f,33 AND RESOLUTION NO. 74-1035 IDENTIFY AND DESIGNATE. THE i'1RS'i SELECTED CONSULTING ENGINEERING FIRM FOR ORANGE BOWL S'lADII`M IMPROVEMENTS AS KUNDE AND ASSOCIATES, INC. AND MADIGAN-PRAEGER, INC. AS A JOINT VENTURE. (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 Manoln Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 105 APR j 01975 59, PERSONAL APPEARANCE - N)RA SWAN, CHAIRPERSON BI-CENTENNIAL coMMITr'EE Mrs. Nora Swan: First of all., I would like to commend the Mayor and the City Commission in their selection of members for the Bi-centennial Committee, they are most dedicated and involved group. ( won ttake any time now, but I will be presenting some additional name's for your consideration since we want a broad representation of the said community and we have had so many interested persons who would be :a very valuable addition to the committee. We have a very unique situation in the City of Miami in that whereas most cities are the official Bi-centennial Organization we have third century and therefore, we do not have unv funding at all ,and we doilq , At our last Bi-centennial meeting, the committee requested that l come before the Commission and see if there could be any fund.; provided Cor the operation and the expenses running the Bi-centennial l went up to Washington last month and I paid my own fare and my own e-:.n, ise ;, but we can't keep on doing that and there maybe times when other rivAil-z>.r s ;way have to do things like that or there will be certain functions we have to :attend. Mayor Ce,rre and his staff has been very generous in offering their help and they have been sending out all the information or the mail using their stamps but we de need certain money for operat':.on. Mrs. Gordon: low much money do you need Nora? Mrs. Nora Swan: Well.. the committee had asked me to ask for. $5,000.00 to be set aside for the Bi-centennial. Mrs. Gordon: This would be a fund that would be available for whatever expenses on a reimburse basis. Mrs. Nora Swan: 1'.�:�, c-har right, that's correct. Mr. Andress: don't '/.rvw whether this is appropriate or not. I don't have enough information to asist the City Commission, whether you can make such donation. I have another thought.. th.2r are you receiving any funding from the Miami Beach Tourist Authority? Mrs. Nora Swan: we are not receiving any funding from anyone. Mr. Andrews: Are you receiving any monies from anyone? Mrs. Nora Swan: No, we arc. not. We are not receiving any monies. Mrs. Gordon: ;'his is the City of Miami Committee. Mr. Andrews: Oh: 1 know it is, but they are representing the total community. Mrs. Nora Swan: No, just the City of Miami. Mr. Andrews: I thJught you were more involved than just the City of Miami. Mayor Ferre: No, here is the way it is. There is an organization in this community called 'third Century U.S.A. which has been designated by the state and by the federal government as the Umbrella Organization for all Bi-centennial Representation, Now, they turned and asked each city to establish a Bi-centennial Committee. Miami Beach has one, Coral Cables, Hialeah.has one and we now have one in Miami. It is called the City of Miami Bi-centennial Committee. Mrs. Swan is the chairman and we have all appointed members and it's a very super active committee, as a matter of fact, it's so active that it's beginning to almost threaten Third Century U.S.A. because we are really almost during as much as Third Century, Mr. Andrews: In a sense, then I am in a right track in that this operates as a sub -committee to Third Century, right? Mayor Ferre: Yes, but let me tell you what happened? Mr, Andrews: But, we made a contribution to Third Century already, Mayor Ferre: Let me tell you Third Century takes all the money from the state, from Miami, from everywhere and 1 think they have got a budget of 3 or 400 thousand dollars 1O( APR n1975 and they spend it, but they don't give us a penny. They ate going to be coming back here asking for money. They arc going to be back here in tie next couple of months asking - we gave them money last year and they will be coming for more money this year. What she is doing is in effect beating them to the punch and saying why don't you give the money to the City of Miami Bi-centennial Committee? Mr. Plummer: What will the money actually be spent fur? Mrs. Nora Swan: Well, we do have like,l had to go up to Washington last month, where we have been negotating with O.A.S. they are going to have special programs, Art Exhibits and Trade Fair and they would Like;Vicki, Maria Elena Torano have gone up too, fortunately she has been able to go through Eastern Airlines and she has been using that, but they said they would .like us to come back again next month and there will be times some of the members might have to be traveling different places, we might have to go to certain functions, or Luncheons, or I really don't know just how many things, mailing or things that como up. I put in a special telephone for the Bi-centennialat ray oxpease, hot w( do need an answering service and filing room. There will he certain orerat i.ng expense and we have talked to Third Century, they said no way would thcy .in any way give us any money. All the money goes to Third Century and yet.'e are dc,ing a major part of the project and we will need an amount -- Mrs. Gordon: Nora, I don't understand why you have to put in a telephone at your expense, or even to have answering service with all of the secretaries and all of the staff that we have here at City Hall, that we could assign to that particular -- Mrs. Nora Swan: Well, we have many people now who are getting involved from the whole community and many of them corn not call except in the evenings and I felt that it should be available to everyone. We have parades and festivities coming through by the people, the next one is -- Mrs. Gordon: What is Third Century doing? too? Mrs. Nora Swan: That: i don't know. Are they having the night answering service Mr. Andrews: Mr. Mayor, Members of the Commission, if some way can be found where we do not have to make an actual expenditure of city funds to assist such as we could supply you with a person to assist i.n the Administration of your functions through our Manpower Program which is nuite, wnul_d be a way of getting the people, even more than one person, even two peopio':,'.'mild be young ladies that you could pick out that would do secretarial work, they could be compensated and they could be Bi-lingual up to $10,000.00 a year on annual basis and you could get quite capable people, that's the way we can help you, but you are putting this City Commission initiOful position here, we just don't have the money. I have not been telling the Commission of all the Administrative problems that we've been facing. Some of the things that we are doing to the Building Department and other departments to cut cost , in order to meet our budget this year and we dust don't have $5,000.00 that I could recommend to the Commission that we could grant. Mayor Ferre: Let the put it to you this way. Metropolitan Dade County has had to cut back, they really have a financial problem. I mean they are out of money in many places and they have had to cut back to four day weeks and all of that, lay off some people, now we haven't done that yet in the City of Miami. Now, what the Manager is saying is that he is really struggling so that we don't have to lay off people and we don't have to go to four day weeks, etc. , and because of that we are really in an economic straights, we don't have those extra $51000.00 , but here is what we can do.. I think this is what we should do, Nora andAibre of an imposition on you, but #1. for secretarial work we will give you office space, we will get you an office here if you need it, ok. You can use City of Miami stationery, we will get you secretarial help through the Manpower which you can get somebody that can really be a full-time type of an assistant: on this. Now, with regards to your trips, if it's a trip that's essential, that you have to go to Washington to see the O,A.S. or whoever it is, I think that's something you will have to work through the Manager's Office and -- Mr. Andrews: Maybe, through the Department of Publicity and their contacts and recognizing that this is - we are all headed toward something that represents tourism we might through the airlines be able to arrange those for you without an expenditure Mayor Ferre: Well, who could she work through in your office so that we don't have to be --- APR 101975 Mt. Andrews: But, I think because of the nature of the program that she is carrying on, I am going to get Mr. Price to meet with you and assign someone from his office to work directly with you because of the nature of the program. Mayor Ferre: Would you do that? All right, fine. Mrs. Nora Swan: We have Mr. M. Coley, has been working with us, he has been assigned too. Mr. Andrews: All right, then you've got the contact. I will talk with Mr. Price about this arrangement. Mayor Ferre: All right thank you so much. Mrs. Nora Swan: ALI righe, thank you. 1 appreciate being here. Mrs. Gordon: You don't: have: to pav for any postage or any mailing or anything? Mrs. Nora Swan: No, no the. Mayor's Office has taken care of that. Mayor Ferre: Is there anything else here that's a public item? What's Ed doing here? 60, CLAUGHTON ISLAND - MEMO OF AGREEMENT Mayor Ferre: Can you do Claughton Island in two minutes? Mr. Andrews: Well, only from this stand -point if the Commission is acquainted with the action that has already been taken, it's a matter of you adopting a motion at this stage authorizing me to inter into the stipulation that we agreed to at that South Florida Planning Counsel. Mayor Ferre: What is the stipulation? Mr. Lloyd : There are two, there is a memorandum of understanding and a stipulation which are just simply recite the additional specifications that are in our development order that's all. Mayor Ferre: Is there anything new on any of this? Mr. Lloyd: No. Specifications that are in our development order that's all. Mayor Ferre: Is there anything that we don't know, there is nothing that is contrary to what we voted upon? Mr. Lloyd: No. No. Mayor Ferre: Is there a motion? Mr. Plummer: I trove it Mr. Mayor. Mayor Ferre: There is a motion and a second, Further discussion,call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption; MOTION NO, 75-349 A MOTION AUTHORIZING THE EXECUTION OF MEMORANDUM OF UNDERSTANDING AND CONCURRING WITH STIPULATION OF AGREEMENT IN CONNECTION WITH THE CLAUGHTON ISLAND DEVELOPMENT PROGRAM. 108 APR 101975 Upon being seconded by Commissicner Gordon, the motion was pas:red 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. APR 10 1975 61, ACCEPT PLAT - VERSAILLES PLAZA Mr. ChristopherDescalza l had a plat that was originally approved by the city way back in 1974, since then the name of the owner and the name of the mortgager has changed the actual plat had not changed and we spoke to Mr. Anderson, apparently he had no objections what -so -ever, however he thought it best that the Commission would pass another resolution on the existing plat if I am not mistaken ---- Mr. Plummer: Where is the location of it? Mr. ChristopherDescalzcz The plat is at 3501 S.W. 8th Street and I had the original plat submitted to Mr. Jordon. Mayor Ferre: Does the sitv At tonne; Office recommend this? Mr. Lloyd: What happened was the plat it's set forth in the memorandum, before it was approved there was an updated opinion of title and there was a name changing, it indicated both tho owner and the mortgagee ha d been changed, but that's been corrected now and 1,- the state law requirt.s that all the owners mortgagee join in the signing of toe pi:it. Are identical plat been created and executed by the new owner and the mortgagee as prciper, so therefore it's an order to accept the plat. Mayor Ferre: It is an order. is there a motion? Mr. Lloyd: Yes sir, my memo reflects that. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-350 A RESOLUTION ACCEPTING THE PLAT ENTITLED VERSAILLES PLAZA, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. o t, APR I.01975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Rehoso, the resolution was passed and adopted by the following vote: AYES: Commiseioner Ma olo Rcboso C:ommassioner Rase f:erdon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Mnuriio A. 1'c ri e NOES: Note. APR 10 1975 62, POLICE ACADL"1Y DISCUSSION Mr. Plummer: There is two areas that don't set well with me. All of you have a copy of it. Mr. Andrews `2, i understand what you there, but 1 am not quite sure that you understood the question. The tax funds I understand, but what is the idea of the fines that are being paid, or a portion of the fines that are £ oing to support the academy? Mr. Andrews: That c}n::E>r.vrit.ively by Metropolitan Dade County's estimate, the city will receive $35,000.00 Tut .in actuality 1 thi.nk that we are going to receive closely to $55 or$60, 00U. t)O from 'ha k (source of funds. You will recall that at one point , we explained the rat::i c; tt;iU a h : c,e stion of insurance came up. Metro officer arrests and clearance through COUTr versc s the City of Miami and we had a ratio of about 21 to 1 so the fi.gur.:: thatwe presented to you is very conversative. It was based on the county's calcul.tlen of tle nt of money we would receive based on the clearance of court cases. We thin.. it's wing to be higher than that. Closer to $55,000.00 that would be added to this. Mr. Plummer: Isn't th :e e proposal presently before the Metro Commission that a certain part of Dade County fines dcr;ignated for rebate to Miami be diverted to the school? Mr. Andrews: 1 dco 't know that it',; diverted to the school. Mr. Plummer: Weil, you better check on It, because you remember when they pulled this same thing on us before c:'eout paying for the State's Attorney Office? That was the question I was askin t titre . Mr. Andrews: We w.i 11 ITind out far sure. Mr. Plummer: Now, the point that bothers me to no end, Mr. Mayor, is #7 and the last two lines. The question was has anyone set down and discussed with the academy the problem, (the speciat problems) the City of Miami is faced today by virtue of the federal court order and 1 direct your attention to the answer,"therefore the court order has not been formally discussed with the academy.' Now, I go back to that"sign" that I put up in coy room and I think I ate, going to put one right up here. The only way to measure ability is by"results", so far we've been under that court order now, for approximately 1 ; years, Ja that correct Paul? Mr. Andrews: September of 1973. Mr. Plummer: Ok, so wo are ender it a little better than that. Now, that federal judge said, "Ladies and Centiemen, you shall do this, this and this". Now, all l am saying to yona is, and I will reiterate again, that somebody has got to go up and tell that school or explain to that school that this city has got to produce. The producing is the percentage of minority on that Police Department. Now, T am going to tell you something, if you come hack over here to question #5, it clearly indicates that we are not getting the results. Under no shape or form are we getting the results Now, you can make excuses, you can procrastinate all day long but the one thing that judge,at the end of that five year period is going to measure is results and we don't .10 APR101975 have them. Now, 1 would say to you without question that we have got to find someway to het those ecto lod resuI t < which we are not today getting and 1 think that someone has got to ,'.� to that c atlemy , that've got to tell them, "yes we are in a special situation", and that they ila.'e got to work with this city so that we can work toward ;he achit'vin:'1 that in results. Mr. Andrews: Mr. N.av•-'r .i 3 ''tomhero of the= (:+immission, 1 hope'. I can phrase this so you don't mi_sundt'rat:tnc': ;inv intent_ ''11 my part in approaching this matter; but we are placing. :a .''trd+.'t; upon the school that ahoald not be placed there. They should be eon';cit'nrt•' ,'t what year 1'tohlt':❑ is, hut they can only train who we send Lo the school And who w ' clear ro soak] to the: school. Now, in reviewing for the part l ift'.k-'n l:i ntla:;j,a:!;l we ,''tie over this very core'laally,We have the statistics here. t't o1'lt' i:;i=.o net hoen t' i i:?linated from the academy based on their ethnics harkftr.ound in the number:; that the Commission's believes that they have been. Mr. Plummer: t never irdi i t'• '. t:; tt 1 ug1t it does at best looks suspicious when four LA) Latins .too Lailedt out i>.t t_!ic> :, tme day. It looks suspicious, ok? I at: not s;ay i n ; t is t , 1 :!t •,•ot• i nt endow to aoy t h:1 t . All 1 ant saying is, we are not getting the rt'>3!'1t..4. ud i have to :ay l: :end say it very clearly, if the City of ,Miami w.iti c'pt' :, t i n t ht' i r own -;,•''t o ?. ':•t know what our p "ohlt'ms are and WO knew what we've got to do to t' ut out w t h the end results and we don't have 14 / 15 of ' k i`, w all 1 am saying to someone_ else to 1 ; ila�: �a�, , hor•or s what �'�_'u are going to do'! , you (1 am l iti.in;', von on not iot• {'.i { ), i)t'000at' right there in that edict of the court is City `1an:igcr, wo .art+ not getting the re'auits and 1 am telling you that when I look at this .1nswt'r il,.rt , that tili:4 court order has not been discussed with the academy, it'a only tt'11;R:', ota thing, that we are not trying to do what we said we were goini', to !.r•: t,' ,1 .. Mr. Andrew-': ! am not in (IH ,ie(.:0.111 with von or the City Conmission. 1 think that it should he discuo:;t•d i it ',:1 I i i,+, +i.i: c tth :t'd. 1'he point 1 am trying to really make clear is that ane otoe, tl!.ttl,o a; l+i='';v 1 . in default ol, if there is any indic•:atitan that individuate ,t:.' i t:'in); ';;:t ,''; t'i;t .,t tlac academy :and are having more difficult time in the at%idor,y aaekeroond, that'; a .serious matter, but our real pi oh ion t>oot t :' i:' ! t+ it tt> tit. leadenly • That's where the )roblem is, bringing else,:-. t�' ,. . . .. ..h. r„ they :in hr accepted into the academy. Mr. Plummet.: 1',: t 1 . t the ct'f i ee' can, you can blame it on anything you want to h i:n:ir t, I . i tt: 000 is that. after 18 months, if nobody ha S seen tit to CAL- the d:o :'n and tell that school what the problem is I can't concei'.'• th it it' � t'ritt', to be done at all. You have had 18 months to sit down and diacoa with the :+; :i.it tny, the' problem and nobody has done it. Mr, Andrews: i•lr. itilt' :l:';tdl'nly has nothing to do with the recruitment process and bringing tho i i4at c. ,'t=tt wt havo to offer the academy is trae mere point I am trying to get :tc•ro ;:; • iind i t hr,,tight large numbers of the minorities to the academy and large number:, it rt I + i:l„ l::isiht'tl . i.t. of the academy for academic reasons and not for background an„ other rt.as .ns i would h;ivt• to completely agree with you. That's not the case at tho pr+'sent time. Mr. Plummer: i'r.t:l , the ,,civ reason you art' not bringing them to the academy is becalwe of the method of rt'c r t i t i ll.;. Now, onrt'th i n,; is being done in that area. I heard this afternoon th:it you got eood r,'st11ta for the next (7) days ,ok, but it doesn't begin to tell the poople in good faith of thin: town for exatnple,"this boy gave up a good job with Sears & Roebuck ,l• li.' had been wort i ng there for four (4) or five (5) years, now this boy attended four wooka of :,,•h. o1. he war, then hailed out; 10 you know what the reason was ? From wh it 1 .ni told, I could be wrong and 1 perfectly stand ready to be corrected, that when they finally y;ot around to running a background check on this kid who did they go to talk to hut 1ti:. immediate ex-wife, who is not going to have a to say abt t t him .ind hoc.wst' t'1 that the kid was bailed out of the school, ►ipw hero he is standing fait In th,_ cold, ho 11,1:1 t',ive'n up his job to come into our academy, now he is out of the ,academy .tlui he is out in the cold with nothing. ph? Now, this kind of person going around t.a 11: i n;, let me tell you something you can throw tons of money into recruiting halt that opt' malt out them' in that Latin community telling what happened to him is going to + c.ilntt'1--:art t .t•ry doi l:lr you spent in that recruiting program. Now wait a minute, let me go on, hec:tttae that's only one area. Mr. Andrews: i'l':>, i+ut 1 want to Anawer that one yuost:ion. I would like to hear from anyt,ne hero who knows :lho..tt tint; ono c•Isio and 1 Seriously doubt that a background check dealing only with his wife' was cause for him to leave the academy or for the Police Department to t'xt'r.'i:;e• judgment that he was nut a good candidate. l really seriously doubt tiaat.. 1lore has got to tot• nor to it and it it is the same case that 1 am acquainted with it was tar more extensive than that. 111 pPP 1 01975 Mr. Plummer: Fine. t+7,i might be right. ok? But. that's why that boy is out there bad mouthing the Miami n`'li c f)t'partmrnt, because nobody would sit down and talk to him. Ok, let's g('•frt':'. there:, :;hat about theepisode and I will document this for you if you wish, o : h,,v who was t) be musteredout of the school and I take on face value of what vein are saving; in these memo's that you know it to be correct, but it could be a little bit different. This boy was taken over to the Baseball Stadium. is that where von muster them out if they are to he mustered out for some r"a';t+ir t,' the itase'1`ri 1 `.;ta(liuu, i:; there an office over there? Unidentified Person: !'rr';runol tit i 1 Mt. Plummet: t11:. de t:,t. t.+i;.,!t .it•'', ;4i:.1 he WAS f l.lt out told:"Wt' wont you to resign", he soit1 ."1 .11ut going to rt":itt,e, tilt'\' :;:tid,''it you will resign we will give you Youi tin `1 h.' ri; .. t1r.;. von don't resign you will gt.'t 1t when we are' good and re;ld\ .' i s'•'c:. .•t Caul, that's poor public relations. I think that t'tirt C1!`: tell; "t !,' 'i, ye 1,•1, :! method that when we accept :1 111:11) that Wt.` are r,t'int!. t.` d;' • '',ivtliino wI(littl ott,' 'wiv to keep 1)1m, because let rile tt'l1 you, for a man to oiv•' up a j t; rno H,r .4 ::':ill t.1ke ;111d go .lien that school, we spend a lot of money on that :'n\ , We `.land ,..=ulr'. ip ,. i,: 1 1 :service, we give them exams, we do this, we give him ahvsica I s o:o o i vo i,_i1a ,1',o.•oht' l o i'',I t tests, but it seems like to me, common Sense would tC'•1 ; you that .all Ott this would he done before you say to the man,"yes we accept you , now give• up vtn r lob." Mr. Andrews: Wt' l l , we' 1t;,\, 0Hr pl't'( t:'tillrt's since then. Mr. Plummer: Wh,:'n? Mr. Andrews: Well. within the 1:e t -- Mr. Plummt'r . Sot- i.rltn . , don't t;,.•tt i t t .. Ile .i one taav :Arcot. Mr. Andrews: }?'!iwe n.i.,' !L!nV' '_! t"it procedures in .some of these areas, so that we don't cause 1 \,.,..,' i 1 t .ir.,in;itt' all of them. but we certainly trying to rL'dooe the i' 1 u,' 1 n,i i .. t Mr. Plurttler Asst. Chic: F lk ll sire' operating', with too little information, toZ f ew facts. s. ,ind„oho Ooot t : 1' t :''o linvetl' t bothered to check the facts before you cam, here total\ . 1t y,,!1 11,1 '.;,,1 \.':`t1 i 1 1 inti out that you are getting part of the information you n01,1. Ili he 1 t.= _reef• or Hot, I am not prepared to say, because I don't know what .'>li '„' 1t t,,ld ,,r t,,''..' you interpreted what you wt'ro told. If you will give me the Hamel of the petHon you ;ire' talking; about I will got you the facts. All right? Mr. Plummer: Sure'. Asst. t'hit•f fox: 1 •.:ill pro it1c' \':'" 1.th .1 complete breakdown of why he was sop:trated. And whu.vt:'r was fakt•n to lilt' li;l:•,h,il1 St;itlium and told somt'thing, which to me doesn't sound very truthful; th•,t ot:lteult nt that you just repeated in my mind, just didn't happen. Ok? Scwet wilt t;•iv,' to ';t r:i inht „1 1 h;1t nut too. 1 want to hr ing you up to date on the ltlt't1 Io,' i';i:!turo act do tl illo wi tit the second clot l:lr4 for training programs. It has boon in t'1 it•t t .t11 of thus (';:rt Dade' County just passed :t local ordiI)alu o or resolution, i ant not sort, which, ;iht,iit two ,'r three months age,, which ,'ill 1 t it'd the' county to collect the' s:t coed 1.t1t1 .'u evt'ry t ra11 i' offense in the Dodo County court systom. Now, on hal.iu,t' ultirt.ttoly tiff• City of '';i,uti would he entailed to approximately $4/.00 per of:ficot during •. ono ',•t•:ir period, that's approximate So It would amount to roughly $35,000.00 or l'orh;il'r; utort al fife end of the year. Mr. 1'lutnmor: rt'r:ny, .on i to I1 ':oti it this :;tag, of the game that really and I don't mean, because ovorvono op ht'r.' i..tlow:. t;lc'ttt'v 1;1 \',ry important But to me at this Stage 01 the g.ltl, and the pl ob 1t'Itta that we Are i11t'llr'rillg money 1?4 not lilt` ;1nswt'r .final $47.00 a student is fiat( (lit• otlsw't'r. Ronny, whit I am trying to say is this, are you satisfied that t ver•ything', is h''ing float•• (hot can bt` done to comply with that federal court ordt•r Asst. Cliitt fox: chat'. 1oae1+',l' Mr. Plummer: lt': 11.11's .t going to ask of us. idt•d cluo:;t •ton, hecaust tiiat's what ills' _ludgo is Asst . !:hit'( Fox: Lot flit' ;nitre's:; one' port of the question t first about the roll of rho institute .intl 1 (1,'tt•t't a nlisund,'rst.IU 3!1g; in your thoughts .1:4 to what that institute t, 1 APR 1. (► 1..' r really 'goes. It deo5n't recruit for the City of Miami, it doesn't select, it doesn't do anything. except train the people we send to them, It's up to the City of Miami too se l':t the ret ruit and to comply with the court order, The institute has not one ieta of ., responsibility or even reason to they will Listen to tts, "they will say rhen that's fine, now you have a problem go back and work it work if you thini: they are going to assist us in meeting the terns with the court order, that's not so. Mt. Plummer: Cik, L' 1 i ask the i le :t ioi. again of you and I just want a simple answer, if you can. Arc veto coilvineed at th i t; time that this city is doing every- thing within it's ttot•t-r t,: wi t it the federal Court order? Asst. Chief Fox: Will -in tip iitni._ Mr. Plummer: That's not the answer. r lqirces, 1 have to say "yes". Icir. Andrews: May I a! w,r the rj ;!. };' i .'.t . zi : 'uc I would have to say, "no", but qualify It: this v:t, r'i;ti ::•akc. .;,•-;c' what we are taking means a rather disc optive apiiro;+ei, fl E;t_r•, l ,tqt,. other tn.-ittors . Mr. Plummer: Well, you think the lodge t-rr huv ;.ii:a' 7 t Paul. Ok, Now let me say this: Do Mr. Andrews: We hav" been - I don't know. Mr. Plummer.: Yeti l'et t t r know! Rev. Gibson: I want to raise' a slues' iot Before ;.a man can join the Police force and be certified he iw :o go through that cl;ti;,1 . Do you know what really is disturbing me? That your t.1ue:; t i r n Answerel. ;:, ;•7, if we are a part of that school and we have an equity and :a rig;l.t in that <.c h.,::1 . why haven't we put our problem on the line? Well, Fox I don't t , r t;t :.•L,., t you t 1 t rn , if You don't tell me that you have gone and discussed,Y .Kit'VPPit`'i° •• ;tint much re ;;,c, i,ec a,t,e I happen to know that if you were dealing with my !' i `<;I,,it , ;1 t', to 1 ri t: ibson, "how many souls did you win", and if T didn't tome oh with in';It"rtee he would say (libson. maybe you weren't working. 1 woold '. . itt ;! ' : i t .,; :,: i have been preaching like and you know what the N;i ;,•00,1 .i, f i.;ta.:, you didn't preach hard enough: That's a very simple rule tit;' I'lt'!;t;'Vfl (tl;,ai ,1,:,=:,tit'in is a very siiitple one to me). Do we have anything to ?; i;lt' t u::t ee in' t with the school? I am a trustee of a college, Man,when t : } r ! ,., . t'.t. ': would come to the t rus iecS and :.ay look. laud I say this; Mr. I li',):' t ;,1,f 70 day, and if 1 g} lve to offer a motion, 1. am prepared to niter. t r :�r` r, ,,_ 1. Mr. Lloyd what that is4th l }rye this whole Administ- ration all the i'r! 1 i , p ep t e personnel lit days, in which t0 discuss the problem of that court order. lake the t: I t v Attorney there and explain what we are faced with. I am prepared to offer that zi a r-:ot.lon ri{,ht. new! That's a mandate. Mr. Plummer: Father, vt tl know, that'-; tine and I agree with it 30 days time. I am always a great one for a :_ 3:t;e gun. Whit : happens if they go up there and they are sitting there toIE-in}', t:> dt:: ` Cars? Rev. Gibson: 1.1.. I ,:tin t t'erybed•.' on this Commission to understand me tonight, listen to this Mr. Mayor. I .i;;i n tt responsihle ter results, T am responsible for pr 4ed ing to get results. The f .r t rem -iiri:; the Ita' t: not proceeded in that direction, so I want them to proceed. Now. it they t . rie ha: k Liar,• aad telling me that the school told them to go to _ you know what, maybe we have to go to that thing you wore talking about .1.L., maybe we need a separation. Mr. Plummer: Well. rather, y:>u know and 1 hate to put anybody on the spot, but I've got to because 1. think thr pros:, is going good, but Neal Garfield, Lt. Ross, told before this Comnii:;ion :at .i time we don't want to discuss, but they stood before here and tliey expresf;ttd t•: i t h.nit question, they expressed at the time "Kenny", that they were not happy in the wean that the acadL;av wee- being run • ok? Now, I want to hear those two men today, 1 t the, are still are wori.ing in the same position or are their concerns, the people who arc closest who express to this Commission that they were not pleased, I want to hear that they now have made some in -roads and maybe (not that this Commission h:.d anything to Jo with) but the situation is now better. I want to hear that and I haven't titans it! Asst. Chief Fox: They are here and thev c'an c ome up. Mr. Plummer: Flue. Asst. Chief Fox: Could I clarify one thing first, in my own mind? what role do you expect the institute to pl;Iv in near recruiting; program? 1_ :i APR 1 0 i9 i F) 1`ir. Plummer: Are volt asl:inc me, I will give you nn• Answer. ok? My answer is thist look,I don't like the i(!el rati;i I have said it before ;.and 1 will say it again, that I can't go out here ;it,t .it'rnurtd the finest j)e't)1)l.e available. If I had my choosing, the finest people .avoilabie , but that's not. within my cloosing, because this city is under a court order and that ct:)ur1. order :states vt. ry clearly you wil 1 have certain perceni;1i '; t.,i Latins, c'rt;lin , r'1':-nt_i ,,es of Blacks, and make up the rest from whatever of what. •:on want:. Now, lte,viy ::_' can kid ourselves, but if we don't comply with that "','''i't oracr :•ri.li.c.h we agr:,:_!a we are kidding ourselves. We are just kidding our-n 1'.t:.;. '1•.J I am ;;a:'iii t , you, that if we operated our own academy and you Ii;id to take aid kceP the Blacks After School to give them Special At -r l-w. ' 1 !ltg11 that. academy, then you got to do it. If it takes m "rt:' fitcaey, t_hdu .(:'i .,'t.. t,) do .it. If you got to hire a person who does nothing but sit there all day and tutor Latins. so that they can speak a little bit bettor i ,-;let; ..;t ,,,t t , ,i , From what I hear this academy is treating the i; l t ' a:ttldle Sweet Water, which is not under any federal order iu L:N,i,Al• ,;i.tt ;l`. answer. Rev. t.'ibstni; t'i' •'.a.i'. a L u. ok? You declare that i said some things r-ii,+i_ , ni we' . ?: . i lati after the meeting is over and I want to att.ai'."' t;:trt• tilt', .:frill. I't, the .:e. I am concerned Chief, all of you, that you haven't talked with !hat ..t:tn:)t).i. and 1. '.'ant to tell this Commission; this Commission will be nettlort i.i1 it, lay.- . aod w I i ; H! ' .'o i i h not to i nst -uct all the respons it le parties to talk wt,il tH,it hn,1. All ri: ';t, let_ me prove Lt. I want something definite and aL 1.ii i' i . "' ileac h ' th i..: - r •t.• '_: i t:v of Miami presently, (Mr. Lloyd l want you to heat thi 1`t-altv,' . u. it goi-i)z{ to have to come up with the answer) i am going t:o iili i.:“ 11 r',;•.tl it':' ;;(lull, to I1:1V"' to he given on this. The City of Miami .,tr,.; t. ,A;1 It n r\':,-'line (1 11ew Fire Station. we premitted a man to Ct)li1N Bert' mr , e tit <'t'i +`Ul) It. itid Clk7 The man that won the bid was a Latin, he hunt tUrc. ;• ,?t:i ±Idiu, has his work force, it may have changed since I tatkLti ,. ),, tt t! •. hat. i .sat pave to the Mayor why 1 keep talking about- helve ;du t,; r ,m. _ i t i, '. i)'.. r .11,,t, 1 you see you fell ows are not -- SO anv'JaV the i; i\or '.111 .'il t ,1 ii"', •;,ii, ;:tit i'110 :,', is reS a big_ CitYfire department going up :;t :1. i'' i ;:;i t and .. tt[Tact. being spent and he said, there isn't ;' t L.' .'-:t..iitll thin' is you can't hardly some- times detect h•'t\+'a .`,Lit.•, ,'u von can detc'hetwecn a Black and a Latin or White, ok. :.o, I ,i :I 7:11 , ;"r,t `'1.;'.;11;;e: they said something like tha: when the police station 1,. ,- there and i found that they weren' z well founded. 1 to:•i; )t , ,ittaut , i called her and said 1 will be down and get you And wA• At ;, ,aut t;.a ,,at there and 1 went in the trenches,--- 1 know how von r . t ii.it. , because 1 rain a church. I walked all over gr:.'rtii.<i tt,':s: c i 1 n 1 y.et !t t •uty,tl wa i k i.ng. 1 said to one of the workers; I said, "where it the ,.tc,- ;a1ti Iit tilt' .'tttt't' in there. I said, "oh yes, fine. I happened t 1.1" 1. sir. `tilt' ti;;,;sa was afraid i was going to get in the way of that contract, t)t cati, t' i :,-c :I1;ii:;; t`i ;t:'. 1 di.dtl't say Clothing, I walked in said "Hey Man, new are 11. i l•1A, 1 i!tt'. 1 s:!id. "man how in the world you can be out here with a t, i'; " . - . . t'n1 ' .t,-t_ bu i lt1 ins. :Are stations, with hundreds of thousand dollars"; listen t," tlli i •;.+id that th, is isn't a ,single Black on this job, not only that I said, 1 ,oeceinee i 1 11 you ....'tl t have at single Whitt'-AngIo-Saxon All the taxpayers mont•'; .;t, t i.t• ..,., build t 1n i., hu t Ill i ng. You had bet ter damned sure gel some Blacks and Latins on ttli. _I+di. 1I1111? Bl.tt'ii and White -Anglo-Saxon Americans, ok. Listen to this, .al i i:,nl•,ta)--- 1 let t. t:'il,_ re, i came back here and went up stairs and I asked for the :'tauuge1 and the t'cr:!t;tt iai i":.e .'t-tiures to got the Manager and before 1 could talk to the 1'laaa}:nr, J.L. Plummet was .'Doting down the hall way, 1 said, Mr. Vice Mayor, come in hove, tt .:.1t1 fear t h is;. 1 . ,:'tit n1V Administrative Assistant out of the way so that oohed.,' -- ;t' the three ,, ,•nt in and i told them how 1 felt. Let, me tell you somethi tit., 1 .1.. r.td,'t fled to l t' ! ; t7te About the contractor and all this --- 1)o you know what. 1 ::.lid tt' .1.1 . 1 don't :'.iv. .t damn° ; 1 said thaticity money even though, he may have a [readyr• . , i ,-t :1 t hat„nt r;ot't II the Manager wont out there and told him what was being .. id .ii,i ; I',.' ,i t i t u•1, ,a .it least one Commissioner. H e knows then he is in plenty tr,uthlt. ,,-; :ow, lot: !-it .::1'•,' Ibis, the paint I am making is, that takes me to the o1.he1 p'to t 1 l t'u , Mr . "'..i,"r , W, fef',{ I ,t deV&'lop a policy (lore so t rom top to bottom knows that we me: t ail i rilt:lt iVe• action all the way What we are saying to you Chief, is that We mtr •n of f i r:r„1 t. i a: t i ttn i 11 t 11 I :; 1)o l i ce business. Now, if you don't go and talk with tht' people, i 11;.i'J&' sell t• rent r','a t l , til:: in my mind when you talk to me, presently is Ioti.ttiin,1 Asst. Chit't l'tt•:: 1';10 1 .t:):'wt'r your que,;t. loll: Rev. Gibsoin: Ye, .'t'. Asst. Chic] Fox: •ih, sttl,a•tvis.tr of the ad'.i-;;try Committee at the Criminal Justice institute is not un,'awai a ttt the pat t is I t i la;t 1 t•t tler. Mien the question was asked, "Has this ht'en tt n formally discus'" with I I:, ui'.' i 4,!t i' 1)1l 1 l t t';', the answer i;: no , l [ has not been put 11, APR 10 1975 on the agenda and brought to an issue befcthat committee, all right. Thete i.; no formal strricture discussion that has flap; c'ned out there. Mr, Plummer: Why? Asst. Chief Fox: Why? I. need your guidance at this point, why should I? What would you advise me to ask them to co And I will damn sure do 1t. Mayor ferret L hove 1•:..;+t: very quiet. let me take a crock at answering that one. Chief, the fact tliat Net.rclpol itan t)ade Count; .is not under, a court mandate does not in any way mean that they are forgiven et that they are set aside from federal law. Now, the difference tts And there, is !hat t,r. ,eclr took us to court and forced us to do it, but that doesn't mein that t'i `y : t'+1 t havt' to do the very same thing we are doing. Now, let. me tell you somethinttt1 had it here' a little while ago, hut l sent It to the ;tanager). thtl'.•l i'.'t' Com*t,i<:<;ienor 'ot the City of Newark, i ran into in Washington D.C. at e'lle tut t.tit::t i'. i tut i;i,: iN` . _;l! tt'd talking to me about it, and I said, -we are under m;i:H.; t eo I sa i d' t< le don't you send ino ;a copy t)l your mandate:/ 1 'w':i!.. 1 'tl, wr'tltt ..'it end out a copy 01 that -- Mr. Andrews: !fie lit Mayor Forte: :tr know that ct);:rt is, r trnrne the City of Newark Pol ice Department. '1'lae court is not only ell;lrli;it i:;. t_t, there arc' !'t.>illt' down way much further than they came with us, they are tt: 1::no them step hy stt:gip what. to do. 1)o you know how far it has gotten in the !,1t. '' 3t'':.' hi ;;_ City of Newark - It's not the city, it's the State of New Jersey ._ ur;t' the t 1v1 1 act: , , t'e Board for the City of Newark is controlled 7 t 1 t.' . C Service ] 1 " by the state and tht mandate _t� t;u.: .�t_. t.t' Civil �e.r� ice is "you shall have two registers and everything is dom. on l't tt,r i):!is,t is i!oillotiling to do with quality, they don't toot f a f oti;; i with this thing and you haven't done it, now care. You have e�ntui�;.l t ,rn,� t it's tough luck bide'.' , now yeu've Lo 1 i'.e` under a quota and it is the quality of the Police Departmi rlt. eoe ::tt i t 'r ,_,„ ?..,.1 , i 1 ' your fault, you should have done something about it ;i long; time t e. This is the t.,..tuna time the court has become involved. Now, I am going to Lei] ve:r i deh't wart that to happen to ;Miami and 1 am sure you don't want that to hai.cti, tt.l:it' I sleety : k 1'c'dt ral. Court of tie United States tell ing us that wo arc: _, iu ', ,a:: '..itt• he l I with all these high reg;ulatiols and requirements th;tt. w, e,vc e the city. ;tent u_; somebody Is going to take us to court and force us iota, Hat po:iHen ma i t h ink ht't ore it happens., What Father is saying, and what I am .avi;ta,. ..ncl . ,':fair: Hat rr ail of us is saying is --- if l got to go some place that i .',r`, t. weal Io t ,:tutu,' go on my own two legs and in my own way and go on rare .too I :t tut n t,' h;1\ t• ::ott:c h;'rly grap me by the neck and put a chain on me and take me at Laeir p t•, and put -sic' ur`:• n wherever they want to put me down. I think that unless ;tt i +;c:,, ',-o acti.on i:, ruore than just two words, it means that"what should you de,'. well 1. ti'=.::;. hat this is ;i matter that ought -n be very openly discussed at these meetings h ::u:-ie tic; is soc+;.:thiiw that you are going to be faced with and I will you a prediction that N:.la will be faced with it within the next 12 months, I mean before a federal court. Asst. Chief Fox: Mr.. Mayor. 1 don't di:.tii;it'c' with anything you have said, except 1 ask the question, what would von ask me to ask that institute to do for us? Mr. Plummer: Lc't me tell you what l have in mind. Kenny, I would even go to this extent that we do in :,t:t keep our student:, in that school presently a it is constituted but if the Manager hos to provide you with Additional funds for special tutoring to keep these people in that institute,the.; ,.:in identity weakness if a man has a language problem or whatever kind ul problem it is;, because 1 and assuming that most of these students are bailed out for :tc.uit'mt rt':,t,u:;, that_ we in tact -- whit are most of them being bailed out for? Mr. Andrews: Itat kgrot.uld itc'. Mr. Plummer: ight? WI' 11, � ct :s.'c, t.li it C:a!1 he• done before he over gives tip his other job. Mr, Andrews: Yes and that's the part lee• Arc' trying to change --- Mr. Plummer; 1 ant :. ty'iug, let's keep our students in that school. Ok? Then Mr. Manager whatever you have to do t.) provide the extras to keep those students in that school, let's get hard on it and let's :;tart providing, whether it's special tutorship of whatever kind, let's do it. Mayor Ferre: In other words, let's not have somebody being thrown out of the academy for something that perhaps, we can with a little more effort t'emedv Now, let me tell you know, illy A '..auredoiuw lather don't you get angry with menow, but I ant };oil)}; APR 101975 to tell you something, f am going to renleos to you something which I didn't under- stand until Louis explai;led it tta me, :w sdid;`we1l, some of the Black Policemen or trainees get thrown out hecause they can't swim", I sa.id,don't tell me a person can't swim, just throw there in the water and they will start swimming, that's what I do with my kids. 11e said,"net man, that's not the way it works." 1 said, anybody can swim., He said'wel1 Black people have .a hard time swimming." I said, 1 don't believe that. I lust can' understand the logic` of that. dlc' said, tam going to tell you something, my roommate, thio is i.lttli•:, at Colombia University WAS all American 13askethall,i'h1 Beta Kappa, top t't his t•1ass, tti n scholastic scholarship in spite the fact he :r.t- ;,11-Americans, Basketball and he" was Black and he couldn't swim and in Columbia :i:t.'r`:it , it a reT;lllir'et;;nt(1 don't knew why), it's seems crazy, that you oot t ;to' , i` ,tee 1 't;ttltt ;te. so they sent this kid to special' swimming classes and he toulent_ swim. itit'v took him to a psyclmiatrietand finally they threw him in t he and the ;iiv .lust started to sink and they had to graduate him Item to omtHo '4i'T';ent learning flow to swim. 1 can't 'Indcrstand that, but c'v i_derit. 1'. ;?itl`E-'a' bt t rue • I r1ue =;s it's a psycho l oe i c•a l t h i le forkids ' 1 to the beach and swimming or they don't get i .'11a i'. .� �, .�l' ;, 9t`r t.=:-� t k:.t�,S,' tlt` 't i;i�, l; grow up with their mother :nd Lathers telling them and putting tie fear of water in them. 1 do:1H kteoo }.:: ;,, i'i { 1� 1 ''.ri L; - WE' have gotten to do something -- Rev. Gibson: oa el , let r:,, partially answer that. Until I came b;wk here in 1945 preaching in tti. ,.;ifrch where 1 :gym, there was no where in this town fur Black folk to swim. !.:e lool fe travel all the ',.,;a1.- to Ft. . Lauderdale, 30 miles. I was born and raised here, - t Ito. o the ,:ror, Here was no where for them to swim, so that's part of the problem. at. 1><1r•l t;+ thiL, thing. 1 didn't tell you the other part, do yoti know what that ettti;t.''or told me, :-?r - '•t•t'.or when i went in there, he said, did you see that sign that- l havc o•ct thtrt . r ;aied,"wh:at sign are you talking about. He said, that"equal opportunity". 1 said, t i 1 (1.'e' t :crow me that sign, because i lived under that sign all H sr: iifc aod i am .•• neern d, that this City Administration be instructed to go and talk with t ha: ,. t, 3' 1 T.t't me t e 1 1 you - we pay pretty nice salaries for men to Come up with i mac i n>tt i '.'r ideas oed coe don't pay the kind of salaries we pay these men to just keep in Arnf :,! flat ., fief the way It is! I wouldn't be loyal to the people who trusted ow oy ; i;, , ;fir le, when we settle that, I want to raise this quest.Lon fir. - aol eon the item, hut I want to raise the question about these coo r,ot:;; th t ,.e I am too going to let this city build all these public building :a:;u t:hit+' Amer i n It., ,,': lud d, nor Black America anc: the Latins have it all. Let tE•i I ' ,1_,. 1 :n, to raise that- when that man made that bid, I have ne assni-ct ,.-c t;,; i n;; skill labor or labor up there - what- ever that is- that's whv ,eI 1 have no sympathy for him. I want a fair shake for rylt:= i': , 1•'•eaose rlu•'.' did it to me doesn't mean I have to sit around and let them d t,; it t;Ettiv t'i':E:'• 1 know better, that is expected of me. ok? Ok Chief I want to hear l;ot• ;o;1 a: E..g ill4 to address t.liis issue. Chief Watkins: First, 1 would like to explain just a little bit. 1 don't believe all of us understand completely what the insitute does. I think if we had a little bit of an understanding In what the,: are doing and trying to do, perhaps some of these questions could be answered. '1 ev ;:;`t wotkirlg, of eoorse, they have standard to meet to qualify someone for a Police Off tc'er, his i:, soil by the State of Florida, so there are minimum standards no '';'Mier--- ever if a federal t curt order came through they would still have to some way to me L Lhe :t ;te standard. That's number one & what they are in business for and even it we had our own academy We would still. have to have a minimum standard to qualify someone to he sworn ill as :t Police Officer. Mr. Plummer: Gurlanl, there is no truck with that, the only thing l say to you is, if we were operatinit '';im t`.•:n academy And instead of closing the doors at 5:00 O'clock, if we had to keep it coitenc!.. lot 1 1 7:00 O'clock, or 8:00 O'clock to give special consideration or needs, wc' could d,' i t . hot I don't think there is any provision at the Criminal Justice. Chief Watkins: ) l i;;r;ioner, roilld 1 t'o ahead this little further, 1 think will answer answer a few things of the question. What they do when they have students that are beltawi,slt`ert aln areas, they wi 11 take,say they don't qualify to graduate out of this class, halt they leave the oPt i 'u withthe agency to recycle the student where he can go into the next ct,rr;:;. Wtr have had more than one student. that has been recycled to go through. Not. allT t i,you say academic: and what happens if i t 's an attitude where the person just simply des not want to make any effort to learn. That's one that I think you have to set over here. Now, if you got someone that's trying, 1' 1 I take that person that's trying and do what you are saying, but the institute does have programs for this. Sgt.lugr<alram would like to tell you about it. I think the idea that we are going to have to get mere involved, whether it's something similar to the t ri- cultural program to groom the people to where they can pass the entrance LO get in, I am all for that, I :n: n.11 for working more with theta, we did this with the swimming 116 APR ! 01975 program that the Mayor w:t-; referring con. We :l tu,_il lv developed a program r1,ther than wash the applicants e nt to when: they did pass end they were very pr t d once they passed. Sr the city ea'••' and the ini.ifvlit,ti gave. lift f think a lot of this not all of it:, but some of it is fmpiv misunderst:3ndlnt' of the. Institute & haw it functions and some of the things that we are concerned about they are trying to Address. Bit there still hes to 1,f' c'ertein standards that all the popils , candidates or recruits has to rtlfntain. Sit. lnerannt i'e aid probably fill you in on what the institute does. Mr. Plummer: Let me tell mere, tieryhe 1 cnn pinpoint it for you what my thoughts are. Paul, about. I'z year age, we got l spe>:i:li ,rant because we couldn't get: Blacks to even qualify to get_ into hoo 1 I i.re• • 'ioo 1) . do von remember that? We got a special grant to put ;i group et 111.aeks, about ii of them in school for special training to qualify them to take the Civil Service Board, Am I right, Andy? Ok, that's exactly what 1 am saying that. w fl.!cd to d I,c•r: , t.elether it's federal grants, or whether it•'s city money, if we it ? ;e t , i [lit ? •. C` ;72 +`r -;8'; i o get these people through the school we got to do i t . You 1tt,i.e,,,• ,, _ don't it, it's distasteful but we got to spend more money than we should Move ton. Kitt t:arlind 1. don't. see .it any other way. Chief Watkins: ;i!te net ie di. ,tee e e meat.. Mr. Plunmier: Well, we ere in disagreement bee:ruse of this fact; 18 months of the ehwk have run and t don't. see lnv great Affirmative action being taken place, and when 1 get the answer `,nick ctr:rt nothing !aav been done with the school informal or mainly f orate i action to evert dis;e:u' :'rtr" '!art ic'-tiar pri'hlem, that doesn't say to me that we have acted in good faith. What has On school count? I hear (maybe like Kenny say4 and 1 agree with a little bit knowledge is c!,:vorou ;• but I would like to know why they are getting rid of the ,Admiral triter (A- !he hr>ad ;d that school that's the, have had to get a new one. Now, there ntur;t have been some reason and I would like to know the reason. Am 1 correct, they are '.;e.tt: teat!, a new AethilnHtracor in the school? Why? I would Like to know why. Maybe, that wi ! i ? iv+ the th<:t t am looking for. the other guy was sitting on his duff doing nothitt.: ::t>J thv nee ed ;i new guy, maybe that's what 1 need to hear. Sgt. II -en -ahem: 1 t i1A7-N„i to institute some things that you are talking about and those thin.};;•< ;iro at this time being introduced where it was a little bit more than introducing Chat kind o t t r.i i n i ne, veto h: ve to kind of train the people that were there to do the t. re i na ne - We tl:i:! rreiring adv is:ors that needed some training in expertise and maybe direct ins' i e i to :•:( ;.. , ; trot their background. They came on as Police Officers. I came on a • :1 of lee ou r icer. i was assigned to training and there have been some things that were tl;ti )mine in trr;i.rini, that were deficient. Some of it, in fact, most of it, because people did not understand and there was no coordination between say, Civil :ierv1:e, i',• .11. of whomever ve?r that send people into the academy and there were short times to train ie. e,p1e. When it became very obvious that many people came in with deficiencies then there were cnie alt or-natfves, that had to he developed around assisting these people in applying themselves and getting through the training. In some instances, departments co-operated a:; the thief mentioned in recycling people --that was one way. The way that we are doing it in t.hi:; paint is using tt-e facilities that are available on the campus. One is rite 1: atom;; fah, it does demand a little bit more out of the trainee in as much as he has to do on his; own rime, but the facilities are there, they are available; some of them :oe using it. It has not be optative that long, because it's a building kind of prod': as we recognize the deficiency we get to work on it. Mr. Plummer: Couldn't this he a part el pre -employment agreement that if he is deficient that he must put lei this :additional time, can't that be a pre -employment? Sgt. Ingraham: There are .evt'ra! things tle.it. I don't know if the city does. One of the things that happens out :It the acadett V(t nor talking about City Civil Service) now, is a reading comprehension , speed, academic achievement kind of test Claughttin Nelson being administered. Oft time it indicitrs (von know) what level a person is on in terms of his ability to achieve. Interestingly, in comparison to Blacks and Whites, many times blacks in and score very low. That means that they ;are going to have to put in a lot more time if they intend to achieve. Now, Blacks and Latins both score very low, excuse ate, The academy runs where there in a lot: of information. A lot of Cor?nitivekinds of things, you know, wi .h rig words :and that good stuff that come right in at you at a high rate of speed in the first t ive or week;. Now in order for a person der icient to achieve he is going to have to put in some. -- when I say deficient now, I don't mean in reality deficient I am talking about lack of having the informationthit's going to take trim an average of 4 to 5 hard }tacit of Study on his own outride of�ltt yhe what anybody else may do, every day rather. Mr, Plummer; Are you in your :wind statist led at this time that there is sufficient change in that school, that. you see the direction ultimately going toward what this City Commission has got to ;it.1t1eve,? Please, 1 hope that this can be in the form of informal z APR 101975 discussion. What do you need to get the job done/ Are there areas that we can provide monoy that t1i rt,, are things that could be done that are not being done, are there reading ttators there, are there swimming instructors there, what can we do to help you, to :loop the Chief, help the -city achieve7. Pbw that's all I am getting at, I Am not trying to pick on anything. I am here to say to :'tau,"gentlemen what can this Commission do to help you, you the Chief, the school. everything? Because Man, 1 am a true believer in results. They speak loud, '•I:,w I don't want. yt is to answer. If you want to think about it, fine, but I in 1'tst saying to v'tu, we: Trot to make good in -roads, I don't see them at this time. 1tZ ;e:ir that Mock has ron something has got toP,Rone a lot more differently thin what's beinrr. done now and the only other questions that I. would like to ask and 1 will shut up, I would like to know why a new Direci:or of the School ha:; been hired and I would I ike to hear from Neal, Garfield ant. Lt. Ross as to the problems that they thought about in December, that they have been corrected r it the pre, c'f being corrected. Mr. Andrews: 'Pit;;et to that, that 1 have suggested to the Police Pors;catnr. 1 1ti rt'!t'rcu. +.' I the Ha Mayor Ferre: How :., it i Ace we s;t' il:,t to be, because I don't mind sharing the morning with yt.,t. and I don't mind :sharing the afternoon, I don't mind sharing part_ of the evening, lrut i will he damnedii I am going to spend the night with you and it's 8:00 O'clock and we still have a whole bunch of other things to go and I had an 8:00 O'clock iip1%t l'.at moot , 50 how birch Longer are we going to go today. Mr. Plummer: i;it.h those three questions answered, I will shut up. Mr. Andrew1 !tl;it irtt' lt' t.tlot?};fit. 1 hi Statement. There is one thing, 1 think we can achieve through t.ho institute, tlt;it I have asked the Police Personnel to look at rand thr i 1 r t<. , i;01 i :at .a 1 1'- l program in the institute that would keep the individual i II t I "; tour floors :a lay, have him if we can t. ork it out with his current et^p lovo't, 11;#:',' him continuo his employment with his employer and four hours a day, his sc:ltt}i? t t itg !•.'G1it l t1 .'u'i;i_' .;t ,a little ,-flower pace, he would be able to keep up and • tt t :woo i c t: i ,' rttry ,'' those that have a language barrier :and through that ,rr : , :;: ;, i t 't r'';. :: n taking twice as long, naturally, instead of 17 weeks, it. might t;a,:t.' ,ongk r t':#?it ',nat.; there is an opportunity that you would get more of tho!itt pelt' '..il. #a't' i' '.cat rile+tu h the :acadetay. Mayor 1erte: a'.' , a:l;,t l ic' !' ;t.,`,t, ,out it':, :a little unpractical, because 1 going to te11 you "Yes we will keep them don't Sear::: :lia+_ti fltU{. s-tie':;t' t'trIroti;iit`)-i on and you Like hour, ;t day Mr. Andrew's: i c's worth tt: ,:luring;. Rev. Gibson: `it. ria; u , 1 tnu''e vn'i 5 i r , that the Administration and the Personnel for. the Police Department be instructed to ';it down with that school and discuss that court order and go met tile: i1rC'tti<':1IF; involved therein. Mr. Plummer: And report hack to this Comm: ss'_on in no less than 30 days Rev. Gibson: Right. Mr. Plummer: I will b,t'c#ni the motion. Mayor Ferro: Report what:' Mr. Plummer: Repot t: barb ;'It:tt the d1r;c' o sittn was, what took place, and what the genera: feeling war;, and what they offered to tits about It. Mayor Ferre: A11 right , there is A motion ,and a second. Do you want to speak to it Mr. Andrews: Mr. Andrew::: 1'e• I think we will do that and I am even willing to participate and want to parit:ip.ate iit tit,at, but 1 think atter we get through with our discussion if you have any quo sti:#na we ought t to 1 ut the Director of the Institute here or someone represents that represents than in:-;titute so that they can give their impression of what we wi 11 try to impress upon them. Rev. Gibson: I made the motion. l am going to leave that up to you, sir, Mayor Ferre: t-tu-ther tliscttssion, call the:, roll. APR 101975 The following motion wa introduced 1.,=: Commissioner Gibson, who moved its adoption: t 1 i I t t'; No. 1ftt, l ON t' i fV MANA(;ER TI DIRECT 'f111; 1'oL 1 Cl; UEl'AR-1'1i;N1 ADMINISTRATION TC DISCUSS W1• li rift '1i'?'T1.t.•11„� ,.�t. !'lily ;;r)1?THEAST FLORIDA t,lz1111�1l: tit: ltlriti;hl, .lUSCiCE THE MATTER OF THE COUR'i' ORDER• CONCERN 1 NC; AN AFFIRMATIVE ACTION ':'1 Ci;:i•;;'"1 `..: ?'i. _ " )1.; "..,i DFi .RTMENT RECRUITING • Upon beingr, si'coii_t'C':1 i`L Cor;,:!t1istt t.t_r , ;tiUlt;;u , the and adopted by the i i lowi;';t; vote: AYES: Cr,utni:-.,it>n r t;t:,l:n i . 1, ne t t-'omtr,i,�. is ler NOES: None. Mrtn„1t, Rct.t.io ! R• , , 'i hecedore Gibson Vit-:t ;tct r .1.1,.1'Itrtn„t,r. M iV I'er rt motion was passed Mr. Plummer: l ;is answers. I would like to hear from Ross, Garfield. 1:' ;,rn :ii: :r ,t new Di — tor in they school. The question was, Nen I t '1, 1: :lid there Were ceraai_n things in there that you were not: l.,ti'4 '� t t; ;1'ti ! S.'+.'t1 ?1 Lo outline some of theni. We told you that we wanted it t yt r. ct,A 1:;t or we would pull out, now what were those areas, are. : icd thAt tnele Arc directions being changed, they are trade, I. ,just v:ant to wet w or,. who proffered it before. Lt. Garfield : A in. One was that cuts out a lot the teaching out l proper material------ :;i •1 tltath,R Sve made substantial progress ,is ii- t tr,t : u1 that's been reduced to 17 weeks which iac flash 1 aao a 4;uh—t:onur.ittee has met to standardize itrr.. ity, it tier .Ins' reason an instructor don't show up, the r11ao it helps any domin.inceof any department from putting ail tIt„r in! Iue!ice an,' of doing certain things tato it. The standardize tedch1nh, outline ;ays von will teach this subject this way —that 1s a big improvement. r':h� tt , 111i1 ye Ir11 t todlcins with our recruits as far as identity with the City of Mimi t l,:it w '. re o lved by the institute allowing us to have one of our patches ,t 1ony ,d, i t f, their patch. From what I can set we are moving in a good direction and ;r lest t prt ;ren,; has been made. Mr. Plummer: At till, i,nt there iri.!as that you see that have not given the needed attention. Lt. Garfield: N, I hJv hoen on anothc r :assignment and I haven't been involved with any of it, out tram were I x; t t: from the outside now, propess has been made. Mr. Plummer: John, you are still there, right? Mr. Ross: 1 would like t-„ 0, 10 what Neal has Said. 1 believe we are making some good prog>ss there, we iae aot all the r 1v, he mentioned standardizing the outline, that has not been ;it'ccoiipisiu`ti ties hot wt' are working On it. Mr. Plummer: That's ,, i i I ,.-.tt:t to hear. Mr. Ross: This learning lab that has boon instituted out at the Junior College 1. think it's going to do a lot to help our problem out as far as the minority recruitment and at this point I am ' ery satisfied in the new program which I thought wasthecause of most of the pr rhlems,tfit' fact that there was a lot of fat in the old program, they fact that there was :much loose time and the county domination and this point: we are getting that fat out aad 1 think .t good atandardizol program whore we can look into and monitor much better now if we have the standardizaaoutlines where before we were really unable to monitor a tot, because there is a lot of no shows, instructors not showing 1B APR 10197a REQUEST CITY A1TORNtLY TO FURNISH LEGAL 53, GUIDANCC FOR FUTURE POLL.CY Rev. Gibson: me as to the 1 would best way t go about. up and there is no w.:. ;' ye ,:uol ei to 1 1 ren 1 1 v, what was going on. Mt. Plummer: C.,,tn you , dotes" the problem of why a new Director was hired T don't mean to put you on tlir spot, do you wantGarland to answer it ? 1_ don't are who answers it.. Mr. Ross: 1 don't krr .e: it he ha-, anymore insight into it than I do,but after the last hearings that .-011 All r:onducte';i it happened. Now, he works for the college and the inside 1: 1 rotation on that 1 don't have. You can drat, your own conclusions. The proximity is the hearings, he hasn't royally been fir_,d, hers under contract. 1{c, is looking for .irleether job. Mayor Ferre: Welt, who i.he ite-:Id then, Is there a new head? at this Poiht Mr. Ross: No, the-: thre.y,h-feet the country to get a new director, right now, -- Mayor i'erre: I hope � ._��� ,try ;ere! berlleinu•, theme to look for somebody. You get the point of what 1 ft .-_+_ 1 n :, 1, s' t yoh Chief . 1 mean if ,you knows somebody who is available who .,(,ele: ;;, tt.!;i.. to the i i . of Miami and the way we approach these problems, ''the „If_ that's hits first , hit.., twice", that's a literal translation, but the point iu, if: he it our guy even thultgli i am sure lie would be an objective person, but we can be ir'>trtu--mi e't ilndini; hiss, i think -- Chief Watkins: i. w e;., i. d i k_ee to ado: the t ray. r'eh i e comment. 1 was asked to set on the selection committee Or t.h per,,on :'rue k i 1 i be the director so I think they dohave ra concern for the 1 t y' q need, , 1 u l d i i ke t e, Add that to i t . t don't know the rent reason to art t;& r e te,mt'< it n' Plummer ! wit.: he is not geeing to be there, I have some conversation Ohich 1 wot.dn't want to violate and f don't think the Commission would want to put me en The t_, eee, it, bait evidently they didn't sec fit to re new his contract and 1 err, inl no 1• e t ion o ,he_ettl;atu. Mr. Plummier: ': 'i..it, e ;!tit:: . `.and, let me i. ,:i:-di and 1 will quit as I promised. At the ; ,_> e,;1 i .t_, _:ie it;irt e t ., i hopt without question if you feel there is areas thiF Ce>! if ;:" 'u 'AU bf: hC_i'tui For God: tikes let us know,becallst;' I think you get the f,eese of this ' . riissien. We are not here to point fingers, I think we are here to 1.ry `o hcip. w,:'het' got to produce, you got to produce and we have got to Hlid to help you produce, so I hope that sticks. Mayor Ferre: L' t ; ;, t , Mr, i !. ; a, e• _• Had the question of torts and all that and the teaching e. leer; Improved? Mr. Lloyd: The in-sei °. Police Department. training e have been greatly improved at our own Mayor Terre: ! nm 11,,t nskirst you th.rt ';ue:-;t inu, I am asking you in reference to the academy. Mr. Lloyd: Then, ! t'. know. Mr. Plummer: 'e:..; 1 1 , ir; oe' t v.'et find teen? Mayor Ferre: i e l ! , that's not his responsibility, but I am just asking him and perhaps he might know, maybe the Chief is really the one I should have asked. Chief Watkins: The tatt training w:is part of the curriculum and 1 understand is continuing and wi 1 1 .ent inuee to be part of the curriculum and also in service train- ing of the department w:a:, given Ow Address the same concern. Mayor Ferro: l:; t.h 'rt• .=r:•; ot l•er c:e1e ;:t inn r,f the Chief or the Asst. Chief , Major, Captain, Tutor. itttertirilit:', 5 .`tergea t:s, et;:..? Are there any questions from the Commission? Mr. Andrews, there :anything else you want to add? If not, thank you for your patience and 1 am sorry we took so long to get to you this evening. APR I01975 RACIAL AL REPRESENTATION nN LABOR FORCE CONTRACTORS PERFOIRMING 9nRK on CITY CONTRACTS Owlet -ore lil:a• to urge this Commission and if you would direct it and I want to do it in a formal way, That we APR 10 1975 askthe legal deparmoht :,a tuicle u, aF,siat us, direct us and develop a policy, that we are to use in the ! ,tt ur-e I t t t i n;; of contracts and bids on public jobs pertaining to this Htv. t .1!1 .,ra.7.t'ti and aghast that at this day and hour that all of the problem we ha e that. are clearly seen that we haven t t addre tsed our" - selves to this issue before now. Mayor Ferre: LotNI, -:-Tani,,r+ t h.; t a l i t t l o bit if I may. I have been talking off and on this pas' week t itit :hc i the head of the Labor Union and I pleaded with him not to t,1k.' .:n ,t c ixe ,a, t i 'n ,. i,ec:;iuse 1 t:old him that IL would he a secondary boycott ar.c! "1 +:i trace u to go .and get an injuction and then that pitch the City of .'Ii :r'i .it;r.tt;:-,h tb+.' i.,;hrr'niort :and 1 don't want to do that, we canit win no matter la,:. ,,., :11 HnctloI . we get., we are not going to win that one. Now, he had a work anyway and a capital "'i'. 1 the general. area ;i1-,d that particular end up with sigh:. out sit down with you ;tta. '•:1.' we could go :_about sir. In the a.oxt if'c. ,. there, you know i t ' . don't blame them, th, A!, whole line of people ready to go out and picket., he said they got no t 1 1 i us; S: 1"t r 1100 mete out on that job, now that spells trouble with ,l:-a,' ; ,:th : tt : about this, but Father is worried about will.....(e1.1 you tonight t am more worried about i�. and two or 300 rnen that are going to etahrlale of days. 1 told hitn that L would :anything we could and see how Legally 1 Mean we got a real part in it.Yes have 301) angry men out of work with signs out i-<; to happen, they are going to start throwing stones and 1 :ttt of work, these :are people that have families. Mr. Reboso: 1)• him? The guy t hn' Mayor Ferre: respect for you :a d week, but if ; ,t-, Mr. PIummt3r: Mayor i.rr, contractor has the L.ab>or Uni,.• worked ter Mr. Plummer: going to that we are don't sec, i t: oily ta. 4 11- f i) und i It t.ho next ;end do t a problem and you will he hr '.1 't dome anything since Father went to see two <iray:, ago and he said, I'll tell you out of + lwaya been :a good friend , I am not going to do it this t ,:>n.3tniun .fob :and it's very simple. The Latin t n.•:; people working and as you well know, l:. t3. and tit: are i:; i..}n, so these are men, many of them haven't anttry ra i .' you my comment on it. You know, you are either Commission level that is going to recognize the fact 1.ninn jobs or we are not going to have union jobs. 1 Mayor Ferre: i. wi l i tell -.:,u what the hroblem is, it's the law. The law of the State of Florida says :e„1 caa' t hat. Mr. Plummer: '. hat , what t t'nn we do? Mayor Ferre: I '' r't k r v:ia.at we Cntt cl,+, that's why we are bringing out the problem because I want ; t. :i'eut it before it hits us or we are going to have to call a special Conuni - i Mr. Plummer: 'c;ei i , accomplish? Mayor Ferry: 'hat', Rev. 6ibso l: Mr. any time ' you want Police Department we ai t.:rruni:.sian Meeting next week what are we going to 1: ;t wo to talk .thnut right now. 1:1y,r, le' me make In ,tbversation. The federal government, let's say, to `:r.i•t1:i:,.at iia-', ."1,1rt you :-an he. That's what disturbed me about that thou , i'•!'; good salaries for men not to he imaginative Man. 1 am not going 1 -;it ol, here and huv t hat , 1 Am saying that the federal government today, doesn't say you 1a:1t't.' le have a union or non -union. The federal government says I want a percentage of tl. a-.o people that :.are employed Black, a certain percentage White. If they can .in tit.at, we could grey s.t,:nothing like that about these let. Mr. PLuuunto : Father h, r !'..o ,.f.,t al'', resolve the union problem. Rev. Gibson: J. t',a ih;t,,io what is known .as open shop in this state, so you can't deal with that. Mr. Reboso: That ;., t ;, ,irot L',u, hc,+:1u50 the reason that the union is stepping CtlntraCL:; WC' 1 2 i APR 101975 in because it's not the ris,,ht proportion. If we had -- Rev. Gibson: That's , right. Mr. Plummer: Come on, let's be truthful, there is n lot of Black labor taut there that don't bolorn; to the anion. Rev. Gibson: 1.L. , .',e mi s e•d m. point . l .am not arguing for union labor or over against non-t],ni t'n ' a'l''" .i am -a t'c. it i tt j', ;i i ut_ he'd i es . You know, 1 work for the Federal Government and that samc Newark. New Jersey City you talked .about they paid me years ago $75.90 Jay to rt•.i:-i-::r thew what to do and then when Newark burned they sent a man all the rer.1 ' ;i 1nt'! t'n down here to ask me, says Father Gibson, could you have told us 1 ,ail you evidently didn't read the report i gave you, I said und you paid good mo iov for it. They flew me up there all week and flew me back, v 1 i !`, lti:ol;i.. atool v;'t alter I wrote :ill of that, they didn't pea;: tn<• no riiiltl t'it:tr why 1 was able to tell that contractor "don't tel me :tu'i t h i 'tit there", I 'runt t l' count bodies and if we develop a po1i t ',• rt ,''r + 'hinsi•s; will happen. W1u'n men start bidding, now I. didn't want to hr i tt, t it i r hot! 1 think out of fairness, I am sure that when 2 or 3 other e'noun( t'-t s bidttinc, on that ieh and the reason that contractor got that job was he was co'antin:', on eon-uni''n labor, who would work for less. Now, the guy told me, 1 am not trying to plead his :ause. The other thing is, if he knew what our policy is at the t it's'.' he was bidding, he would have to bid parity with all the other people. 1 rele tit'nei.i if itt' was bideini; on parity. Mayor F•erre: The problem ' .t:i . that we have a law in the State of Florida and the law says that this i ''.:t ,;hot' ,t;tte and the problem is when you have that law in a state then you : ani t in • 'tit.; -act trom the City of Miami that all of the good jobs will be hit .ai f t ho union 'tt IcI ; because that's against the state law. Now, how are we going what -- what way can be assure that we don't end up with theek ih, ;tr :''t 7 t':' :; . 1 don't know, you better put on your thinking cap. Rev. (; i hsott: Federal t;overumeut Lloyd knows what i am talking about, the ;ei tli v don't address the issue of union or non -union. Mayor Ft't r� , Do he' :tt' t .: t Mr. Lloyd: • joist. `y' r:, c:'. tit;tt here and I think we can gogofar as to do this that you set t-itcti'tt i ti:,'tt we pick the lowest (listen carefully) responsible bidder, now one of i t r i er ? n which we could put as in the contract is that the clause would he that A r ;,t hesitate to use the word) quota, but racial represent- ation will he tt'nsidt'rtd it; the dcterminnt.ion of w:tether the person is a responsible bidder, because we d nit h.tvc to 4',t� to the lowest bidder, that's what we are talking about. Mr. Plummer: 'lee, wide open. Rev. Gibson: .i - L. 1,e out there t.t t i:h tell ;. something, when you do that you lay yourself tee well get: wide open because if you get all of those men Mr. Plummer: Wait a minute, Father- you didn't hear the last words, "wide open"for scandal, you don't take' thr lowest bidder. Rev. Gibson: .i.1.. t tt i.,'ltt :to:,', I never forget what hnipened with Pancnast bids, I will always remember tlrit , do you renumber that? Mayor Ferrer: 1t won't happen that way, let me tell you why it won't happen, because if you put that clause t:', those guys are ;thing to go out of their way to make sure and everybody p,olug to w lnt that lob a'td in this day and age, the other day, J.L. I get these bids, every sin,',it' day across my desk, from Jacksonville to Miami, every major bid, 1 see - i pet -- on my desk, let me tell you $500,000.00 jobs. (17) bidders uutu'air,.l of, littft dink7 jtth like that you get 2 or 3 people, these contractors are so hungry forwork, t h t t i f y _tu toll t ire ;e ton trio tc'rr; now that they have to this and they will walk 20 miles - you know they are going to do I t . Father Gibson makes a motion. is there at further- discussion on that notion? 1t not call the roll, a APR I01:1 The following motion was introduced by Commissioner Gibson, who moved its adoption: EMOTION NO. 75-352 A MOTION REQUESTING THE LEGAL DEPARTMENT TO FUNISH GUIDANCE l') 'l'HE CITY COMMISSION IN DEVELOPING A POLICY FoR 1111: 1.1'TURE W1TI1 REGARD TO RACIAL REPRES- ENTATION ON 'I'HL LABOR FORCE OF CONTRACTORS PERFORM- ING WORK nN CITY CONTRACT'S. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner "laue i o iCeboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson V ice Mayor .1.1..i'Iummer Mayor Maurice A. Eerre NOES: None. 64, RATIFY ACTION CF DADJE COUNTY "1ASTE' PLAN CITY MANAGER NPR 10 7975 Mr. Andrews: 1 have one more matter Mr. Mayor and Members of ihe. Commission. sent you a memorandum and a letter "'.C'i'ornp<niving the memorandum that I sent to Metropolitan [fade Fount}' to 1-terence to the Comprehensive Development Master Plan in the county. The Cowin, in their :action chose to approve the mastcr an for the county in principle and not in detail . Now, they had orii;inally,,#nt� porcfinanc es and under consideration :t great number of details that they were going to adopt. Now those details really ceu ern us dS 1. described in the memorandum with Mr. Actons Assistance in a way that would have a very adverse long time impact upon the city. They just can't adopt a master plan with that kind of detail in it without the com- plete participation of the city and the City Commission in the actions that we would take in behalf of the city • Now we will keep the Commission very touch informed and ask you to take certain actions as they are needed as time moves along. Mayor Ferre: I want to tell you how strongly I feel about this Paul, so we don't have any eatlivocath,? . i am willing; as one voice out of 5 here; if we have got to go to court to sue Metropolitan Dade County, that's how far I am willing to go to stop them from super imposing some of these details. That memorandum, I don't know who wrote it, whether it was George - it was a very well written and o very intelligent report and I commend you for it. I commend Acton. I think it made a lot of sense, I hope you have all read it. and if you haven't I plead with you, if it's nothing else you can read from the Manager's Office this month read that memorandum please. it's a very important memorandum and eventually we have got to really get on with the subject of sitting down head to head :end face to face with Metro about the relationship between these two governments, especially on taxation. Now, they have n commitment to us and here is what I am worried about, we are now under April, pretty soon it's May. The next thing you know we are all on vacation, then comes August, than comes the Budget time, then comes Election and unless we sit with these people in the next 8 weeks, i figure it this way you are not. going to see them this year. So, Mr. Andrews you got 8 weeks maybe less, to do this and I think we've really got to get on with this meeting if they've agreed to sit down with us. Mr. Andrews: Now, what 1 would like the Commission to do today is to: adopt a motion which Mr. Lloyd then can convert into a resolution for the 22nd, but I would like the motion now, that you approve the position or this is they position that the city is taking at this time. Mayor Terre; Let me tell you wlrt the Manager In effect is saying and 1'am going to APR 101975 be a little bit more openly about it Paul. I don't think it's anything wrong, but the fact is and I want to say that. I approve it before anything else that I. personally discussed with the Manager and I certainly approve of what he did because he had to do it. but `chat in effect the Manager did by sending that letter to Metro is he established policy for the City of Miami and the City of Miami Commission had not deliberated on it. Mr. Andrews: On the fact that the -- ( 1 felt very strongly about this that you would want me to take this action and time pressed in on me to get this to Metro) that they would not through the Master Planning Process usurp the authority that you the Commission have in planning for this '.pity and the detail that's needed. I will give you an example, that this Commission could not adopt any capital improvement program for any specific project in the City of Miami without first clearing it with Metro to make sure that it was compatible with the Master Plan. Now, that meant that any park that you wanted to go into and do ,anything in any park you couldn't do it until you got approvrl. from Metro, well that's something that should be reserved for the city. if you have in your capital improvement program that this Commission adopts, something that is regional in scope that affects more potentially than just the City. of Miami, then that's understandable It should be related to the Master flan, but not to she detail that everything that you do here .in capital improvements have to be related and this was redundant with other areas of zoning and planning and so forth, and we documented in the memorandum. Mayor Ferre: What the Manager wants is for us to adopt the policy Mr. Plummer: I move the motion that we ratify the actions taken by the Manager as it relates to comprehensive plan. Mayor Ferre: There i.s a 1m0 L(.n and a second. Further discussion call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-35i A MOI'1ON RATIFYING [HE ACTION OF THE CITY MANAGER WITH RESPECT TO THE METROPOLITAN 1)ADE COUNTY MASTER PLAN. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Hobos° Commissioner Rose Gordon Commissioner (Rev.) 'Theodore Gibson Vice Mayor J.L.Plurnmer Mayor Maurice A. Ferre NOES: None. 9 r��PP 65. BRIEF DISCUSSION LITTLE LEAGUE LIGHTS IN SHE►1ANIOAH PARK Mr. Plummer: I made somewhat of a commitment to the Little League that exists at Shenandoah Park for lights and I sent it to the Managet and he has agreed he. will come back with a memorandum on the 22nd of April spelling out how he can go about accompanying this thing for Shenandoah Park, the lights, Paul. Ok? That's all. 66. ENDORSE CONFERENCE ON B I -LI NGUALI SM SOCIETY B J SCAYNE CQLLLGE, QPI\ LQCK1\ - JUNE 7, 1975 APR 101975 Mr. Reboso: I have a resolution Mr. Mayor, endorsing the conference on Bilingual- ism to be held on June 7, 1975 at Biscayne College. Opa Locka, Florida. I have the letter of request here. Mayor Ferre: There is a motion and a second. Further discussion, call the toll. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-354 A RESOLUTION ENDORSING THE CONFERENCE ON Bt-LINGUAL1SM SOCIETY TO BE HELD ON JUNE 7, 1975 AT BISCAYNE COLLEGE, OPA LOC,A;F, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk. ) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner. (Rev.) 'Theodore Gipson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferro. NOES: None. {)i F.Ia) Ar' 1,7 67i PREPARED RESOLUTION R 'JEST METRO 10 DEFER ACTIO91141N PROPOSED ORDINANCE RECERTIFICATION OF BUILDINGS OVER 40 YEAS OLD The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-355 A RESOLUTION REQUESTING THAT THE COUNTY DEFER ACTION ON THE PROPOSED ORDINANCE AMENDING THE SOUTH FLORIDA BUILDING CODE, PROVIDING FOR THE RECERTIFICATION OF BUILDINGS OVER 40 YEARS OLD, UNTIL THE COUNTY HAS SPECIFIC INSPECTION STANDARDS TO BE INCLUDED IN THE ORDINANCE AND HAS FURNISHED A COPY OF SAID STANDARDS TO THE CITY OF MIAMT FOR ITS CONSIDERATION AND REC- OMMENDATIONS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner P i uglnter, 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. 68, PREPARED RESOLUTION APR 101975 URGE STATE LEGISLATURE TO ADDRESS PROBLEMS OF INCREASIf1G DEMANDS ON STATE HUMAN SERVICE $'YSTEM The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-356 A RESOLUTION URGING THE STATE LEGISLATURE AND ITS APPROPRIATION COMMITTEES TO ADDRESS THEMSELVES TO THE INCREASING DEMANDS ON THE INCREASING DEMANDS CNy THE STATE HUMAN SERVICE SYSTEM AND SUBSTANTIALLY INCREASE ALIX CATTONS FOR HUMAN SERVICE NEEDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, passed and adopted by the following vote - Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor. J. L. Plummer, Jr. Mayor Maurice A. Ferre AYES: 69, the resolution was NOES: None. NPR 1 U Iif COUNTY COMMISSION TO SIMULTANEOUSLY ADOPT COUNTY APPROVED IPALTH REQUESTING PLAN-REQ,r1NOIFURTHERIBIKEKELANS PATHWSIGNS EUNTILNSAFE CSSTANDARD ETC, The following resolution was introduced by Commissioner Gordon, moved its adoption: RESOLUTION NO. 75-357 A RESOLUT.EON REQUESTING THE COUNTY COMMISSION TO SIMULTANEOUSLY ADOPT COUNTY -APPROVED MUNICIPAL BIKE PLANS WITH THE ADOPTION OF THE RECOMMENDED COUNTY PLAN; FURTHER REQUESTING MINIMUM COUNTY PLANNING ASSISTANCE TO LINK UP WITH THE AFORESAID ADOPTED MUNICI- PAL BIKE PLANS; FURTHER REQUESTING THE COUNTY PUBLIC WORKS DEPART- MENT TO CEASE AND DESIST FROid PLACING ADDITIONAL BIKE ROUTE SIGNS UNTIL SAFE STANDARDS HAVE BEEN ESTABLISHED AND FURTHER, REQLIEST- ING THAT THE CITY OF MIAMI HAVE THEIR FAIR SHARE OF DECADE FOR PROGRESS BIKE ISSUE MONIES FOR THE IMPLEMENTATION OF CITY ROUTES THAT LINK UP WITH COUNTY ROUTES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 12} , APR i0 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. Mr. Plummer: Maurice, that ju:-t might be the area where this City can take a stand on this, not just the bikes hut: the >300,000,000 bond issue. Ok? That we could really put the stymie into them until they can produce evidence that we in fact are getting back somewhere near 27`. of that bond issue which at this present time they can't show n<.,thing for. Mayor Ferre: How can we do that legally? Mr. Plummer: File a .Lawsuit! Mayor Ferre: Let's go see them first. Mr. Plummer.: Ok. I'm just saying that might just be the area, you know be- cause this is their showcase. APR 101975 70, FREE USE OF MARINE STADIUM SUBJ,TO PAYT,OF COSTS EROTTON PAN AMERICAN GAMES RWING REGATTA JUL 18,19,20 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-358 A RESOLUTION GRANTING FREE USE OF THE MARINE STADIUM FOR THE PAN AMERICAN GAMES ROWING REGATTA TO BE HELD ON Jt1LY 18, 19 AND :'.o , 1975; Si1HJECT TO ADVANCE PAYMENT FOR EF r.NT PERSONNEL, INSURANCE AND OTHER t)1kk:CT COSTS BORNE BY THE CITY. (Here follow:, body of res<'lutir n, emitted here and on f i 10 in the Office of the City Clerk.) Upon being seconded by Commissioner Reboe,o, the resolution was passed and adopted by they 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. APR 10 1975 GRANT FREE USE OF MIAMI BASEBALL STADIUM 71, PREPARED RESOLUTION LA SALLE HIGH SCHOOL FOR 5 DAYS The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-359 A RESOLUTION GRANTING FREE USE OF THE MIAMI BASEBALL STADIUM PO LA SALLE }IIGH SCHOOL FOR FIVE (5) DAYS, THE DATES TO 13E DETERMINED BY THE CITY MANAGER; SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY 'l'IIE 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. APR i PREPARED 72, RESOLUTION g_111XrpniTyTOgewORA GUTTED ON S,I'I,12 TO 57 I\VES1 The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-360 A RESOLUTION REQUESTING METROPOLITAN DADE COUNTY TO INSTALL CURB AND GUTTER ON THE CENTER PARKWAY OF r(RAL WAY BETWEEN S.W. 12T11 AND 3 7TH AVENUES. (II'.'re fol lows body of resolution, omitted here in the Office of the City Clerk.) Muni on file Upon being seconded by Commi s i-inner Gibson, the t e!-;o l p i t i on wat: passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Cornmissi.on17t (I O/. ) Theodr_,1:e Gib ;otf Vice Mayor J. L. Pluauner, sir Mayor Maurice A. Ferre NOES: None. APR 101975 73, DESIGNATE BISCAYNE BLVD,ENTRANCE TO PORT OF MIAMI AS TRQMAS C, WAS 1UTH. PLAZA The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION No. 75_ 3-11 A RESOLUTION DESIGNATING THE P 1SGAYNE BOULEVARI) ENTRANCE AREA TO THE PORT OF MIA.MI AF THOMAS C. WA:;MOTH PLAZA IN MEMORY OF A MOST RESPECTED CITIZEN AND PROMINENT CIVIC LEADER OF THIS COMMUNITY. (Here follows body of r('!l i u t ion, ali t i J i re ;ir d nit tile in the Office of the City clerk.) Upon being seconded by Gomm]. 'nionet" l;,.n-don, t ' ! :'E; ilit ion '40`; passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Comp -if ssloner (Rev. ) Thoodorr; ;ibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. THERE BEING NO FORTH R BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 6:40 P,M, ATTEST: H.D. SOU1HERN CITY CLERK R<un(z G. Ongtc. ASSISTANT CITY CLERK 2 d.IA11R1Ct A. 1 i RRF APR ;l. 0 1975 CiY OF IWAMI ITEM NO DOCUMENT IN DOCUMENT IDENTIFICATION 1 COMMISSION AGENDA AND CITY CLERK REPORT 2 INSTRUCTING THE CITY MANAGER TO PREPARE A POSITION PAPER ON THE FEASIBILITY, FINANCIAL AND OTHERWISE OF ADDING TO PRESENT FIRE FIGHT ING EQUIPMENT. 3 GRANTING APPROVAL OF SITE AND DEVELOPMENT PLAN OF PROPOSED PARK AT APPROXIMATELY 2800 S.W. 22ND AVENUE S4' OF LOT 7 AND ALL OF LOTS 8 AND 9, W.H. SNIPES SUB. 4 GRANTING A ONE YEAR EXTENSTON OF THE CONDI- TIONAL USE GRANTED ON THE PROPERTY AT 1901 BRICKELL AVENUE 5 GRANTING A ONE YEAR EXTENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 2000 S.W. 17TH AVENUE 6 ACCEPTING THE COMPLETED CONSTRUCTION OF INTER COUNTY CONSTRUCTION CORPORATION FOR THE CON- STRUCTION OF SAN MARCO SANITARY SEWER IMPROVE MENT SR-5316 C 7 ACCEPTING THE QUIT CLAIM DEEDS EXECUTED BY FLORIDA POWER & LIGHT COMPANY, FLORIDA GAS COMPANY AND MIAMI-DADE WATER & SEWER AUTHORI- TY, FOR THE RELEASE OF A PORTION OF UTILITY EASEMENTS LYING WITHIN THE BOUNDARIES OF TRACT "A", MOORE PARK 8 ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXE- CUTED BY TRA DEVELOPMENT CORPORATION ON DE- CEMBER 9. 1974, CONVEYING FOR HIGHWAY PUR- POSES 16,358 SQUARE FEET OF UNPLATTED LAND. 9 AUTHORIZING THE APPLICATION FOR FEDERAL ASSISTANCE FOR RE -CONSTRUCTION OF FLAGAMI AND KINLOCH PARKS FOR HANDICAPPED PROGRAMS. 10 RATIFYING THE ACTION TAKEN BY THE CITY MANA- GER IN INCREASING THE SCOPE OF THE PANELFAB INTERNATIONAL CORPORATION CONTRACT FROM $159,802,00 TO S164.245.00 11 RATIFYING THE ACTION OF THE CITY MANAGER ACCEPTING THE BID OF LAMAR UNIFORM COMPANY FOR FURNISHING UNIFORMS FOR PUBLIC SERVICE AIDES OF THE POLICE DEPARTMENT'S THRESHOLD UNIT AT A TOTAL COST OF $5,347,16. 12 APPROVING A ONE (1) YEAR EXTENSION OF EM- PLOYMENT PAST THE AGE OF SEVENTY-ONE FOR HARRY PEARLMAN, WATCHMAN, PURLIC FACILITIES [DEPARTMENT, EFFECTIVE ON HIS BIRTH DATE, MAY 28, 1975 MEETING DATE: COMMISSION ACTION_ R-73-310 R-75-311 R-75-312 R-75-313 R-75-314 R-75-315 R-75-316 -75-317 R-75-318 R-75-319 R-75=320 RETR I EVAL CODE_ NO. 0065 73-310 75-311 75-312 75-313 75-314 75-315 75-316 75-317 75-318 75-319 75=320 DOCUMENTINDEX CONTINUED .TEM N 13 14 15 16 17 18 19 20 21 22 23 24 DOCUMENT IDENTIFICATION GRANTING FREE USE OF BAYFRONT PARK AUDITORIUM TO THE NATURALIZATION COMMITTEE FOR NATURALI- ZATION PROCEEDINGS TO BE HELD ON THE FOLLOW- ING DATES: APRIL 2, 1975 AND AUGUST 6, 1975 AUTHORIZING THE ISSUANCE OF A PERMIT TO GESU CHURCH AND SCHOOL FOR AMUSEMENT RIDES ON THE GROUNDS OF THE CHURCH AND SCHOOL LOCATED AT 118 N.E. 2ND STREET APPOINTING MRS. MARTY GRAFTON TO THE MIAMI MEMORIAL COMMITTEE TO SERVE AN INDEFINITE TERM OF OFFICE AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO LEROY ALVIN DORSETT, BY HIS MOTHER AND NEXT FRIEND, LITTLE MAE DORSETT, WITHOUT THE ADMIS SION OF LIABILITY, THE SUM OF $2500.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE TWO POLICE OFFICERS. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EDGAR DIXON, L.A. BUSH AND FELTON MADISON, AND R. JEROME SANFORD, THEIR ATTORNEYS, THE SUM OF $1,000 IN FULL AND COMPLETE SATISFAC- TION OF THE FINAL JUDGEMENT OF $24,00 AGAINST THE CITY OF MIAMI IN COUNTY COURT CASE NO. 74-1834-CC-05 DENYING CERTAIN CLAIMS AND DIRECTING THE CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR THE RECOVERY OF DEAMAGES ARISING OUT OF SAID CLAIMS ACCEPTING THE BID QUOTATION OF MELROSE NUR- SERY & SOILS COMPANY FOR MALAY COCONUT PALM TREES. AND 20' ROAYL PALM TREES. ACCEPTING THE BIDS RECEIVED FROM HECTOR TURF AND GARDEN SUPPLY CO. AT A COST OF $2,995.00 AND DE BRA TURF AND GARDEN SUPPLY AT A COST OF $9,349.00 FOR FURNISHING SEVEN (7) ROTARY MOWERS ACCEPTING THE BID OF MIAMI FIRE EQUIPMENT COMPANY FOR FURNISHING BREATHING APPARATUS PARTS FOR THE RESCUE DIVISION OF THE FIRE DEPARTMENT. ACCEPTING BIDS FOR FURNISHING PARTS FOR 475 PARK BENCHES AND 220 PICNIC TABLES FOR THE PARKS AND RECREATION DEPARTMENT, TOTALLING $$51,118.14. ACCEPTING THE BID RECEIVED FROM REDLAND CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $66,950,00 FOR THE BICENTENNIAL PARK PHASE IT-1975 (PROJECT #1-SUBGRAAING) ACCEPTING THE BID RECEIVED FROM ALLSTATE INSURANCE COMPANY FOR A THREE YEAR INSURANCE POLICY COVERING FIRE, WINDSTORM AND VANDA- LISM AND MALICIOUS MISCHIEF ON CITY BUILD INGS, A'ION R-75-321 R-75-302 R-75-323 R-75-324 R-75-325 R-75-326 R-75-327 R-75-328 R-75-329 R-75-330 R-75-331 R-75-332 _CODF_NO, 75-321 75-302 75-323 75-324 75-325 75-326 75-327 75-328 75-329 75-330 75-331 75-332 DOCU MENT4N DEX' ONTINUED 1VI NO. DOCUMENT IDENTIPICATION 25 26 27 28 29 30 31 32 33 34 AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO ACCEPT CHECK OF $3500.00 FROM TRAVELERS INSURANCE COMPANY IN SETTLEMENT OF VALUE OF ATTORNEYS' FEES FOR SERVICES RENDERED BY THE CITY OF MIAMI LAW DEPARTMENT AMENDING MOTION NO. 74-663 AND RESOLUTION NO. 74-1035 ACCEPTING THE PLAT ENTITLED VERSAILLES PLAZA A SUBDIVISION IN THE CITY OF MIAMI. REQUESTING THAT THE COUNTY DEFER ACTION ON THE PROPOSED ORDINANCE AMENDING THE SOUTH FLORIDA BUILDING CODE, PROVIDING FOR THE SOUTH FLORIDA RECERTIFICATION OF BUILDING OVER 40 YEARS OLD. URGING THE STATE LEGISLATURE AND ITS APPRO- PRIATION COMMITTEES TO ADDRESS THEMSELVES TO THE INCREASING DEMANDS ON THE STATE HUMAN SERVICE SYSTEM. REQUESTING THE COUNTY COMMISSION TO SIMULTA- NEOUSLY ADOPT COUNTY -APPROVED MUNICIPAL BIKE PLANS WITH THE ADOPTION OF THE RECOMMENDED COUNTY PLAN. GRANTING FREE USE OF THE MARINE STADIUM FOR THE PAN AMERICAN GAMES ROWING REGATTA TO BE HELD ON JULY 18, 19, AND 20 1975. GRANTING FREE USE OF THE MIAMI BASEBALL STADIUM TO LA SALLE HIGH SCHOOL FOR FIVE (5) DAYS. REQUESTING METROPOLITAN DADE COUNTY TO IN- STALL CURB AND GUTTER ON THE CENTER PARKWAY OF CORAL WAY BETWEEN S.W. 12TH AND 37TH AVENUES. DESIGNATING THE BISCAYNE BOULEVARD ENTRANCE AREA TO THE PORT OF MIAMI AS THOMAS C. WASMUTH PLAZA IN MEMORY OF A MOST RESPECTED CITIZEN. cilibN CTION lleklEvt R-75-333 R-75-348 R-75-350 R-75-355 R-75-356 R-75-357 R-75-358 R-75-359 R-75-360 R-75-361 CO��----- 75-333 75-348 75-350 75-355 75-356 75-357 75-358 75-359 75-360 75-361