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HomeMy WebLinkAboutCC 1975-06-05 MinutesCOMMISSI MINUTES OF MEETING HELD ON JUNE 5, 1975 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH 6',f ONGIE AS$ LSTANT CLTY CLERK ITEM NO, 3. 6. 12. 3. 14. 15. 16. 17. 18. 19, MINUTES OF REGULAR MEETING CITY COMMISSION OF MIA II, FLORIDA ii.10.11.1111r- SULU CT OBJECTIONS TO CONFIRMING RESOLUTION WEST GRAPELAND HEIGHTS SANITARY SEWER SR-5387 C&S OBJECTIONS TO CONFIRMING RESOLUTION S.W. 8 AVENUE SIDEWALK IMPROVEMENT SK 4387 OFF-STREET PARKING BUDGET Fis a 1 year beg.bctober 1 + 1975 REQUEST OFF-STREET PARKING AUTHORITY TO DEVELOP PROPOSALS FOR PARKING GARAGE' I, COCONUT GROVE VILLAGE CENTER GRANT 90 DAY EXTENSION OF VARIANCE 101 S. W. 15th ROAD GRANT 1-YEAR EXTENSION OF CONDITIONAL USE SOUTHEAST NATIONAL BANK OF CORAL WAY 1698 S. W. 8TH STREET PERSONAL APPEARANCE - R. L. CARTER T.M.T. TRAILER FERRY INC. REQUEST DELAY IN LEGAL PROCEEDINGS MARINE SERVICING FACILITIES -DINNER, PERSONAL APPEARANCE-YANNIT B. ANTONIADIS EXTEND FOUNDATION OF BLDG.INTO AN ALLEY ARMY BICENTENNIAL MONTH PERSONAL APPEARANCE YOUTH ACTIVITIES WAIVE RENTAL FEE-BAYFRONT WILLIAMSBURG DINNER M.PALMER III PARK AUDITORIUM WAIVE_ RENTAL FEE-BAYFRONT PARK AUDITORIUM YOUTH HONOR DAY COMMITTEE WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM ANNUAL POLICEMANS BALL FORMAL RESOLUTION -APPOINTING 15 PERSONS TO WORLD AMATEUR BASEBALL FEDERATION PROCLAMATIONS1 PLAQUES, CERT.OF APPRECIATIOI DESIGNATE SITE IN DINNER KEY AREA ARMED FORCES BICENTENNIAL CARAVAN EXHIBIT EARLY 1976 EXPRESS APPROVAL TO METRO TRANSPORTATION PLACING OF MILESTONE MARKERS TO DESIGNATE - OLD CUTLER TRAIL DIRECT CITY ATTORNEY TO PREPARE LEGISLATION AMEND ORDINANCE 8038 TO INCLUDE POSITIONS OF ASSISTANT CITY CLERK ASSISTANT EXEC.SECTREARY CIVIL SERV.BD. ASSISTANT SECRETARY OF FORMER PL.BOARD ORANGE BOWL SCOREBOARD -STATUS REPORT ORDINANCE OR RRSOLUT I ON NO I R75=515 R75-516 R75-517 FIRST READ. R75-518 R75-519 R75-520 PAGE NO. - OM 8-9 9-=13 13 13-- 17 17--18 DISCUSSION I8--30 DISCUSSION_ 30--32 DISCUSSION DISCUSSION M75-521 M75-522 M75-523 M75-524 M75-525 M75-526 M75.527 DISCUSSION 32--33 33--34 34 34 35 35 35 36 37 37-38 39 Gt�te��• Zdn'tifattA SIRJECT iMMcE � oLurIc� PAGE NO., 21. 24. 25. 28. 29. CHANGE DATES OF CITY COMMISSION MEETINGS JULY 1975 AMEND ORD.6871 - C-I DISTRICTS PROVIDING ADULT BOOKSTORES OPEN TO THE GENERAL PUBLIC WILL BE ALLOWED IN C=L DIST. AMD.ORD.6871 PROVIDING DEFINITION OF ADULT BOOKSTORES CHANGE DATES OF COMMISSION MEETINGS JULY 17 and 31 MISCELLANEOUS DISCUSSION ITEMS NEWSPAPER PARTICIPATION IN BOXING PROGRAM REQ.CITY MGR.TO DEV.POSITION PAPER ON LIGHTING PROGRAM AND ACQUISITION OF PROPERTY AT S.DIXIE AND 22 AVENUE AUTHORIZE CITY MANAGER TO BEGIN CONSTRUCTION OF MINI -PARK AT S.W. 22 AVENUE RECOGNIZE EFFORTS OF CITY MANAGER IN CURRENT FINANCIAL CONDITION OF THE CITY ACCEPT COMPLETED WORK DRAINAGE PROJECT A-4 ACCEPT COMPLETED WORK MUNICIPAL JUSTICE BLDG.COMPUTER RM.IMPR. ALLOCATE $45,019-CONSTRUCTION OF STORM SEWER NORTH BAYSHORE DRIVE AND 17 TERRACE AUTH.CITY MANAGER TO EXECUTE AND DELIVER- QUIT CLAIM DEED -STRIP OF LAND S.W. 6 TERR. 30. ACCEPT PLAT PERELIS SUBDIVISION 31. DIR.CITY MANAGER TO REQUIRE TENANTS of PIER 5 TO VACATE BERTHS FOR BOAT SHOW 32. ISSUE WASTE COLLECTION PERMIT BOBS TRASH SERVICE 36. APPOINT HELENE STANKIEWICZ CITY OF MIAMI COMMITTEE ECOLOGY AND BEAUTY AUTHORIZE CIGY MANAGER TO SUBMIT FEDERAL GRANT APPLICATION MINORITY BUSINESS ENTERPRISE PROGRAM QUIT CLAIM DEED TO PIIAMI-DADE WAT.& SEWERS ACCEPT BID -SPRINKLERS AND VALVES 37. DISCUSSION ITEMS— SPRINKLERS BAYSHORE DR. LACK OF MAINTENANCE OF EXPRESSWAY GREEN ARE, 38. AWARD BID RADIO & TAPE RECORDING EQUIPMEN1 ORD.8408 FIRST READ. M75-528 DISCUSSION M75-529 DISCUSSION R75-530 R75-531 R75-532 R75-533 R75-534 R75-535 R75-536 R75-537 R75-538 DISCUSSI ON M75-539 R75---540 DISCUSSION R75-541 39 39 -40 40 40 41 41-42 43 43 43 44 44 44 45 45 46 46 47--49 49 50 51 lintifFARD HMO. sate 0-4 INANCE qi OL ITIUN 0. PAE NO. 39 . 40. 41. 42. 43. 44. 45. 46. 47. 48. AWARD Dip- VIRGINIA KEY PILL 1975 AWARD BID .orar a bowl water maim IMPROVEMENTS - 1975 and APPROPRIATING S39,474600 FOR SAME PERSONAL APPEARANCE - BILL TURNER' EDISON LITTLE RIVER SELF HELP COUNCIL PREVIOUS COMMITMENT FOR $15.000 FUNDING TRANSFER $76000 FROM CONTINGENCY FUND TO PUBLICITY FOR MIAMI INTERNATIONAL FOLK FESTIVAL 1975 PROMOTION AUTHORIZE CITY MANAGER TO CONTACT FLORIDA HISTORICAL ASSOCIATION TO DECLARE SOUTH BAYSHORE DRIVE A HISTORICAL HIGHWAY URGE LEGISLATURE OF STATE OF FLORIDA TO COMPLETE JUVENILE FACILITIES AT N.W. 27 AVENUE AND 36 STREET INSTRUCT PROPER CITY OFFICIALS TRANSFER PROPERTY NEEDED FOR A RIGHT OF WAY N.W.' 117 AVE,90 STREET & N.W. 74 STREET UPON PAYMENT OF $112,000 RECUEST STATE TO INVESTIGAO'E INFORMATION AND IF INFO.PROVES FACTUAL,TAKE NECESSARY ACTION TO HAVE MIAMI DECLARED TO BE THE 2nd OLDEST SETTLEMENT IN THE U.S. DIRECT PLANNING DEPARTMENT TO STUDY ARTICLE IV, SECTION 20 RE9UIREMENTS FOR RESTAURANTS LOCATED WITHIN APARTMENT BUILDINGS GRANT FREE USE OF BAYFRONT PARK AUDITORIUM TOYS -FOR TOTS - ,U.S.MARINE CORPS CELEBRATIC NOVEMBER 8 AND DECEMBER 20, 1975 49. APPOINT 15 PERSONS TO WORLD AMATEUR BASEBALL FEDERATION 50. PAY COSTS ARISING FROM CONDEMNATION AFRICAN S9UARE PORTION OF M.L.K.BOULEVARD 51. BRIEF REPORT BY CITY MANAGER downtown people mover system 52. BRIEF REPORT BY COMMISSIONER GORDON YOUTH CENTER IN OLD POLICE STATION 53. 54, 55. REa.CITY MGR.TODETERMINE FEES FOR USE OF CITY FACILITIES FOR NON-RESIDENTS DESIGNATE COMMISSIONER ROSE GORDON AS CITY REPRESENTATIVE TO THE DADE LEAGUE OF CITIES DECLARE POLICY THAT OUT OF POCKET EXPENSES OF COMMISSION APPOINTEE TO DADE LEAGUE OF CITIES DE REIMBURSED BY THE CITY R' S=542 R75-545 ORD. 8409 DISCUSSION R75-544 R75-545 R75-546 R75-547 R75-548 R75-549 N R75-550 R75-551 R75-552 ANNOUNCE DATE M75-553 M75-554 M75"555 51-m5 52-53 53 54 54 55 55 56 56 56 57 57 58 58--60 60 61 M1NUtt s 'OR REGULAR i tEl ING 'OV THE t OMMIsstoN OR MIAMI, PLORMA On the 5th day of June 1975 ,the City Commission of Miami, Florida met at its regular meeting place in the City Ralf, 3500 Rat American Drive, Miami, tiorida, in regular session. The meeting was called to order at 9:00 O' Clock A,M. by Mayor Maurice A, Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Matnolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre P. W. Andrews, City Manager A. P. Crouch, Assistant City Manager John S. Lloyd, City Attorney H. D. Southern, City Clerk Ralph G. Ongie, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced seconded and was passed unanimously. OBJECTIONS TO CONFIRMING RESOLUTION WEST GRAPELAND HEIGHTS SANITARY SEWER SR-5387 C AND S those and JUN 5 - 1975 Mayor_Ferre:Are objectors present on this? Will you raise you hands please, those who are objectors? Would the Manager like to start this? Mr. Andrews: Hold the map up Mr. Grimm. Mr. Grimm: Mr. Mayor and members of the Commission, this is part of the City continuing program to complete the sanitary sewer system for the City of Miami. This particular district runs from 27th Avenue to 37th Avenue, and from N.W. 7th Street to the expressway. All of the people have been informed of this meeting by mail, I don't know what their objections are, maybe if I could hear them I could answer their questions. Mayor Ferre: Are there any questions? Would you come up and give your name and address for the record. Mr. Bernard Cooper: Mr. Mayor my name is Bernard Cooper and I live at 750 N.W. 30th Avenue.This is new to me, the little annex across the river in the portion on the South side of the street. Mr. Grimm: South of 7th Street? 7th Street is not included sir. Mayor Ferre: Are you in the area? Mr. Cooper; I am in the first area. I have signatures objecting to it.We were late starting this petition, but I have signatures representing 136 home owners that we contacted, We were late starting this petition. It represents about 2/3's of the people we contacted who are objecting to it on the strength of the fabulous cost, excessive cost. Mayor Ferre; I don't understand that, 51975 Mr, r o,cr: in accordance with yatrr City Mahagerss statement yesterday eel we sheuid, or we have t+ eruct into gt: cuatetity program . We don't teci we car afford this, Mc4 i'iuft er: tit, are you aware it is 25% you pay end 75% city you aware of that airy Mr. Cooper No, air 1 am not. Mr. Cooper: If our 25% is so high, and the City is on ail austerity program and that 75%, then that is all the more reason that we don't want to enter into it, Mayor Ferre:I'll tell you what t think we ought to do Mr. 'Cooper, and it inn your fault, 99% of the people who come here are not acquainted with what the procedures are in something like this. Perhaps we ought to go over it a little bit. Paul, will you give them a brief description of how this functions,: and who pap; for it, and what rights they have, and how they are assessed and what periods of time they hove to pay for it, and what interest rates, the whole bit. why dont you explain that a little bit? Mr. Plummer: Mr. Manager I stand corrected, on sewers, it is sidewalks and gutters and that,- the other way you are correct, 75% you pay, and 25% on sewers. Mr. Cooper: That is three times rougher. Mayor Ferre: Why don't you explain to the people here. Mr. Grimm: .Mr. Mayor our plan is to take bids for this project in July which would put us under construction some time in August or September. Now, a job of this magnitude which is in excess of 2 1/2 milliondollars would probably take a year and a half to build, and then another 6 months before the assessments would be made up. We are talking about 2 1/2 years from now before the property owners would get bill, then they have the opportunity to pay for this bill over a 10 year period at 5% simple interest. Mayor Ferre: Let's take a typical example. Mr. Grimm: An average 50 ft. lot would cost about 900.00 for a centerline type sewer. If we divide that out with interest that would be roughly $100. a year. for 10 years. Mr. Cooper: May ask a question,--$900.00 for 50 Ft. and you said in your letter it would be approximately $10.00 a ft. thereafter. It doesn't divide that way. Mr. Grimm: YOu have to add the cost of the laterals, in your estimate you got not only the cost per front foot of the sewer but a cost for a lateral connection, and when I gave you the 900.00 I added the two together, 'so if you had a 50 ft. lot at 10.00 a foot that is $500.00 and $400.00 for your laterals. That is the connection from your property to the main line sewer. Mayor Ferre: What you are saying is, that the average homeowner in the area would have to pay about $100.00 for a 10 year period. He could pay it all at one time, How much of that does the government pay? Mr. Grimm: The assessment is broken down to where it is 75% paid for by the property owner and 25% of the calculated assessment paid for by the city but, the over-all picture, it runs about 50/50 because the property owners do not pay for manholes, they do not pay for intersections, pump stations, all of those things are excluded. Mayon Ferre: Let me, ask you this, what does the property owner get for that. Why do you want to do this to the people in Grapeland Heights, why don't you just leave them alone, What is the advantage of this? Mr, Grimm; Grapeland Heights area has some relatively low land with muck v`' type soil where the septic tanks have been giving them problems, It is one of the priority areas in the city, This part of our continuing program to eliminate is from the ,C, sant Mayor Perre: Why is it important to get auty trio m septie tanks it the City 1 Why cant t we have septic tanks. Mr. Grimm The consensus of opinion Mr. Mayor is that Sept t tanks ate one of the pollutants of our fresh water ground hater. Mr. Cooper: Mt. Mayor, pardon my contradiction, but I think that has been proven otherwise. May t clarify one other issue sir, this is not the Grapeland Heights area. This is West Grapeland, and this happens to be the sr second highest elevation in Dade County. sr Mayor Ferre: In other words, what you are saying is that the conclusion of the people that we are relying on, is that the seepage that cotes from these individual units could contaminate the water table it our community? Is that what the conclusion is? Mr. GrimmYes, sir, absolutely. Mayor Ferre Therefore for the question of safety of people, we have to put this in a sewered system and then treat it at, that we can get away from having peptic tanks all over the community. Is that what the conclusion is? . Grimm: That is right. Mayor Ferre: Are you doing this just to West Grapeland Heights or are you doing this throughout the City of Miami? . Grimm: We are doing this throughout the entire city of Miami. Mayor Ferre: You are not just picking on this one area. Mr. Grimm: ` No, sir, Ferre: How many other areas are we sewering? Mr. Grimm: 1 will get a map, Mayor Ferre: 1 think it is important that everybody know what exactly wcr are trying to do. Mr. Grimm: Everything that you see on the map in white, has already been sewered.' Everything in any other color than yellow, is under construction or programmed to be completed by 1976. Yellow requires an additional bond issue which we hope to sell in the later part of 1976, so that by 1981 if we meet our optimistic schedule, we will have completed sewers throughout the entire city. Mayor Ferre: ----by when? Mr. Grimm: ---by 1981 Mayor Ferre:,---1981. Then at that time the City of Miami will be completely sewered. Mr. Grimm: Yes, sir, ---- Mayor Ferre: Have we exempted anybody because we have had a lot of people that have come here to complain, that they don't want sewers in their neighborhood. Mr, Grimm: Sanitary sewers are the one improvement that the City has held firm on throughout my 25 years with the City, Mayor Ferre: Do you recall anytime when we have not sewered a neighborhood? Mr, Grimm; No, sir, Mr, Andrews: The other thing I would like to add Mr, Mayor, in addition to the City of Miami, the effort is being made throughout Dade County and the JUN51975 n Hiatt in viewing all of Dade 'County In moving ahead with construction of sewage treatment plants and making sure that connections are made and these kind§ of diatriets are tottistructed, not ott.y in the 'City of MiaMi but throughout bade County and in the area that are urbanieeu. As you are so well aware, the County is moving ahead with the construction of the 2nd plant oh Virginia Key to aceomudate many of the area outside the City of Miami. Mayor Perre Would you point out in the map where the West Crapeland Heights area la? Mr. Grimm The West Grapeland Heights area is this green area here Mr. Mayor. Mayor 1erre: How about the area either to the east or north of that? Mr, Grimm; This is under construction,(indicating) this is scheduled for after 1976, this is scheduled for later this year. Mayor perre: Do you have any other questions? Mr. Cooper: Yes, Mr. Mayor, we are just assuming as best I can understand, that this is a pollutant. I'd like to hear from the City Manager. Mr. Andrews: Mr. Mayor it has been demonstrated over and over again, many times over the years, that the State Health, County Health Departments have indicated that septic tanks, while they are a fairly good system, are not a system adequate to protect the public, and that is the whole reason for going through this cycle of developing sewers forthe City of Miami. This is a secondary kind of method. We haven't experiencted a real hurricane with flooding conditions in many years. IN fact 1 don't think we have had a hurricane to hit our, area for over 10 years now, when they do occur and we get flooding conditions or unusual rainy conditions, then we are apt to have some very serious problems in this community if we don't continue with sewering the City. Mr. Cooper: 1 have lived in this property for 28 years, in that 28 years, once 1 had to change the drain field, with my septic tank I have had no problem, and in talking with these people in the neighborhood, which represents 2/3's of the homeowners, they have had practically the same experience. The drainage here from my understanding in talking with a couple of people who have been in contact with the pollutant experts they claim that the soil itself filters the water, and returns to the earth, and if we have a sewer put in here, this water is going to be pumped right out of the ocean, there is no reclaiming it whatsoever. It is true, I only have 136 signatures here because we were late starting, but it definitely represents 2/3's of the population of that area, and if necessary I can get the rest of the signatures in that area, that will continually prove this, and Icannot see, ---we are not talking about $900. or $1,000. or something for the sewer to be put in front of our property, you have not considered the amount of money it is going to take us to run the pipes back into the homes to connect or disconnect the septic tank and run it to the street to the sewer and the cost of filling that septic tank or having,it removed, That is going to amount to another $2,000,00 or $2500,00 according to the property. At this time with the amount of unemployment, and in our neighborhood, and with the number of people that have retired, and on social security, we think this is asking us to spend more money that we feel is necessary. We have had no problems, we forsee no problems and we cannot see why we have to spend our money when you have said that we are on an austerity program. Thank you Mr, Mayor. Mr, Jasper 0 Andre: My name is Jasper 0, Andre and I live in the Grapeland Heights area and more or less I can talk for a lot of people, but most of all I, like to feel here, ---because I don't want to hang myself. I may say something about some of the things people don't understand. I have said, ---- Mayor Terre: Tell it like it is, Jasper, Mr. Andre: Okay I will, I think personally we are in a location that we need a sewage so bad it even isn't funny because we have underground seepage from the airport coming into the canals, that I can't taste this water at all except chlorine many mornings and sometime during the week, that means they have to poison it so much that I don't think 1 em helping myself by saying we .don't want any sewers, 1 would like to get some fresh water once in a while. JUN w 51975 tt when we are talking about fresh water, 1 don't waist to get off the Mubjeet1 t think that the sewer system is one bf the things that will help us it we all go sewer throughout the City mid l can't poastbly wee where we advance in any wsy whatsoever, to having sLptic tanks. 'this eity la growing, it I* not going to get younger, and there is are wore hones and sore people pried up high now, and ut need sewer syatema definitely, and l hope that there till be more outtalls. t would like to seeareeyclying plant, throughout, we say, in the State of Florida, but that is hardly poasible, but the beat thing it what has already been proposed by the City and want to say that Grapeland Heights is looking forward for, and they ate approving the sewers for the simple reason of seepage of water toting in where we may have to drink it ourselves Borne day, and the other thing is, yes the septic tank, like this man says has to be filled, but we bought a house to improve it, we didn't build the house to go backwards with it, and deteriorate it, -'-at least that is one step forward. I know one thing, that the complaints that we have been getting itt Grapeland Heights from our civic organizations is nothing other than constantly, the drainage system, the drainage system, the drainage system=4=now, 1 have a.hotne along a canal and many people 1 know have homes along the canal too, on both sides, and 1 am trying to say the gurgling of the sewage system,—� me Mayor Ferre: Excuse Mr. Cooper,(I think he is entitled, ----you want me to stop him from speaking?) ---I think the point is, everybody has the right to express their opinion and I gave you that right without any interruption and,1 think he is entitled to the same courtesy, then I'll recognize you again, and the other gentleman who wants to speak, you will have your turn too. Mr. Andre: I want to say this last thing and I'll get off the floor, for the benefit of this gentleman. On my duplex which I have, at 13th and 32nd Avenue, fronting a canals and also the other people on that whole route of the canal, Comfort Canal, ancj it does go from 27th over the east river, also on the north side we have a river over there which is the Miami River, and people are living there. You can check every one of those homes, when the tide comes up, their septic tank doesn't work, and gurlges and gurgles and costs a lot of money. I paid one day to snake out the thing, because of high tide, $45.00 for 2 minutes for a -plumber to come out there. There is nothing wrong withy my system, but the water brings it out. Do we need -sewers, absolutely we need sewers. We pay taxes along the canal just as well as inland, or high spots, yet he gets benefits that 1 don't, and I think we need sewers -very bad and I hope the City goes through with it. Thank you for listening to me. Mayor Ferre: Next speaker. Mr. Michael Fitzgerald: My name is Michael Fitzgerald, and I am not here objecting to the sewers. I am here representing the Archdiocese of MIami, more particularly St. Luke's Drug Clinic which is in that piece of property that is going to be sewered. They are not objecting to the sewer, they are just worried because they own a square block there, and they know that the properties up in Broward and West Palm where they are just putting sewers now, they have been getting these assessments that are based on the 50 ft front footage which is a regular single family house. The church's assessment on that, they come up with $60,000. bills they have to pay for the sewers. They are just hoping it is not going to happen in this case. They can't afford it. I would like to point out too, the City did finance St. Luke's and we are going to have to come back to the City and ask for more money, if we, ------- Mr. Andrews: I don't think this property also contributes any funds to the ad valorem taxes . Mr. Fitzgerald: It does not,---- I called yesterday and the day before and t got a figure of $4500. is the approximate amount that this assessment would be for the sewer, and I just want to put that, on the record, so if we do get a bill for $60,000. in 2 1/2 years, that we know we have been led down the primrose path. Rev, Gibson: Counsel, I want to give you a little bit of comfort. We own a whole block and I want you to know that as much as I didn't want it, I want to thank God that we got it, because it eliminated, what I always had, problems and trouble, and since you and I are in the same boat, you say to the archbishop that ! just want him to spend two or three more moments praying somebody will come up with that difference, Mayor Ferre; Is there anybody else that would like to speak at this time? Mr. Cooper: Mr, Myer 1 appreciate thin other Matte plaint of view. My argument WA he did not live in our area. 1. didn't hear hie addreas. That is ono ttati'a opinion and 1 represent J36 ptop. rty tweets or 3's of the preperty *Whets in that area and I think that is a pret'y high percentage that oppeae it end 1 just can't See hvw you can coffipe1: us to spend this money at this tithe tab + ri the economy ip so bad as the City Manager said that tee ate going tb have to tighten our belie tow. We don't think thisexpenditure should come at this tithe, Mr. Andrews: Mr. Mayor and members of the tOMMiegitift, en the century this is the ideal time to do thie. If the economy is as it is, and we receive or have received, bids for this work, we are going to get this work done at the least possible expense at this time, and it la Spread over a 10 year period where we hope the economy has turned mound and it is needed. There is every reason why we should move ahead. MayorFerret Mr. Cooper and ladies and gentlemen, these things are always hard, I haven't been through one of them that I really haven't suffered, and it le a serious concern, because I think all of ua on this commission recognize that people, it just isn't 168, it is thousands and thousands of people throughout the City who are concerned and don't want to pay 100.00 a year for a thing they don't think they need. Here is what our problem is, our problem is that the ecientist8 and engineers, --we have to pay attention to somebody. I don't know anything about sewage or septic tanks and I understand the logic on both sides. We have lived on septic tanks for a 100 years and we have survived as a community why can't we keep on doing it, but these engineers and scientists keep telling us that as the community grows and what is acceptable with 100,000 people, when you get to a million people and the serage is going down in the water table, there in a point where the water is getting infected because what is happening is, just the solids are being removed and all the bacteria and fecal matter goes into the water tnble. They tell us, and we have no choice but to go by what they scientists say, that sooner or later it causes a very serious problem in the community. So we have gone along with the idea that by 1980 or 1981 this community has got to be 1001/4 sewered. Everytime we go into an area, we. have objections from different parts of the community, and it is like everything else. There are a lot of -things we don't like to do. Every time I think of the 35,000 Americans that were lost in Viet Nam and the 500 billion dollars spent in Viet Nam, that is terrible and if I'had had anything to do with it, I would have vote not to spend that money, not to lose 35,000 Americans lives in an area, ----but these are the things that happened, this is much closer to home. We have some control over but I think certain things have to be done. I don't like the idea of our government having 50,000 soldiers In Germany. I think the Germans ought to protect"themselves. They ought to arm themselves and take care of their own problems, but we have to do it, because it is important for the long-range of this country, and we have to sewer this city, and it is a difficult thing to do, but I dont see that we have any other choice. it iv a difficult thing because it affects each of individually as taxpayers,but sometimes you have to do things for society. A lot of people say why should I pay I don't have any children, why should "I pay for somebody else's kids to go to school: That is the way the system works, and we have to pay our burden of- our fair share. I just don't see any way out of it, as hard as it is. Idon't want to tell you one thing and play games with you. I want to be honest and sincere as I can in telling you my personal opinion on it. Mr. Cooper: Mr. Mayor,I don't doubt that might be a step towards progress, but I don't understand, --this Is not a tax issue, This is going far and above any tax bill that we have ever had, although they are getting way out of hand too. This is amounting to several thousand dollars that you are telling us we have to spend. Mayor Ferrer I am not tell you, the engineers and the scientists and the federal government who is imposing upon us all these rules and regulations are telling us that we have to be sewered by a certain time and these are mandates we get from the federal governmeet and from state government and they are spending millions of dollars in putting up sewer plants, I got to a point where I got so confused i didn't know, ----I kept hearing figures, what you just mentioned a little while ago, which was that we are throwing our water away out to the ocean. That made a lot of sense to me, and I got involved with Dr. Feldman from North Miami who is against the sewage plant, and they put in a lawsuit, The City of North Miami put in a lawsuit to stop that sewage plant just on that theory, and the federal courts threw it out. They said no, yoy have to go sewer, that is it, you do it, We are in the middle of all this, and I just don't know how in the world we can JUN-51975 bank t t or how we tan tell of1t nefghbothood, okay 1 t#e are going to impost it on everybody else, but ha Oh you. Mr. Cooper: I don't see how you can say Oat we have to do this when 2I'31 s of the community objects to it, and you say we have a 10 year period to pay it, and that is additional money if we pay it over a 10 year period. tt is way gut` of hand and we twist afford it. tt boils down to simple dollars and cents. ... -=-we Can't afford ` it. Mr. Andrews; Mr. Mayor and members of the tottnttission, that is one area we are overlooking, this matter of the continued programming of sewers for the City of Miami has beet put to the vote of the people through bond issues and the people have overwhelmingly expressed their desire to see the City of Miami Mewered and we are progressing a more rapid pace that we ever have to try to get this underway to overcome the kind of problem that is being expressed here and which is costing more. If we let this process go on to 1990 or 2000 it will cost three and four times the amount of money. We need to get the job done. It is essential. Mayor Ferret I was on a radio program last night, 1.'11 share this last thought with you, and one lady called me up and said why ate you spending all that money on all those parks, and I don't think you ought to build any more parka, we don't need any more parks, that is going to add to the burden of taxes, you ought take that money and spend it on poor people and give them food, and jobs, the economy is bad, --I said that is a nice thought and I am sure you may be right, but the people of Miami voted for these parks, and we are under a mandate, to spend the money, ---.if. the people had voted against the parks then we wouldn't put them up, but we can't take the park money and give it to the poor people of Miami, it just doesn't work that way. The people of Miami have voted in bond issues to sewer this community, and we are under mandate to do that, and the federal government has mandated us to do it, and the state government has told us to do it, so I realize the imposition and I well sympathize with your problem, but I don't know what we can do about it. Mr. Andre: I just want to say one thing on the record, they can hang me if they want to, but I have been in too many civic meetings and they have hollered at us to get sewers in that area, meeting after meeting, --when are we going to get sewers,---Grapeland Heights wantssewers. He is talking about 100 people, I am talking about an entire community, and they have asked us to put sewers In there, and I am hereto say yes, Grapeland Heights wants the sewers. I don't care about the price. Mayor Ferre: Mr. Andre, that is your opinion, these people are entitled to theirs too. The problem is, this is what we are torn between, and this is the hard decision that people in government have to make. Any other members of the Commission want to speak on this? Mrs. Robert P Jefferies: My name is Mrs. Robert P. Jefferis,(Dorothy L. Jefferies)---we have worked hard to obtain a home, maintain a home,' bring up three children and have never had any complaints. I have lived with a septic tank for 39 years, I am a big, strapping woman, I drink the water, I do anything I have to, and I don't think it has affected me one bit, and my husband and I will have to sell our home to take on the obligation of paying for sewage. Mayor Ferre: Mrs. Jefferies, like you there are thousands of people, and every time we have this, it really breaks my heart because there are always a group of people who come and say the same, thing, and it is true. I think i speak for everybody on this commission, there is no harder vote;:that I have had to make, time and again, than to vote for these sewers.' There isn't a time, and how many have we voted for in the last year, at least 6 or 7 times, and it is heart breaking to see people who are really going to be affected, It is a difficult decision. us Rev. Gibson; Mr. Mayor to view of the fact that all of know what the problem is, and we have explained to the taxpayers what the situation is, 1 think we all want the best for the City of Miami. I pray every morning when you ark me to pray for the beet for the City of Miami. I am going to offer it with full. consciousness, I believe, this is for the best interest of the City of Miami. iteboso: I second the motion,- -------- The awing repo .utior► t as introduced by Co t loner Gibabt►, Who moved its adoption. RESOLUTION No 7.313 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO, 75-439 AND AtJTHGR ZING THE CID CLERK TO ADVERTISE FOR SEALED BIDS POR THE CONSTRUCTION OF WEST OttARELANO SANITARY SEWER IMPROVEMENT SR 53S7 C (CENTERLINE 'SEWER) tN WEST GRAPELAND 'SANITARY SEWtk IMRROVEMENT DISTRICT SR-3387-C (GENDERLINE SEWER) (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 Mayor Maurice A. Ferree NOES: None. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-516 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 75-439 A AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF WEST GRAPELAND SANITARY SEWER IMPROVEMENT SR-5387 S (SIDELINE SEWER) IN WEST GRAPELAND SANITARY SEWER IMPROVEMENT DISTRICT SR-5387 S (SIDELINE SEWER) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, 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 resolution rtINENBEcMga/WIRIPRWalf sK-4387 was JUN 5-1975 Mayor Ferre: Are any objectors here on Item #4? This is a public hearing? The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-517 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 75-438 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIAS FOR THE CONSTRUCTION OF S.W. 8 AVENUE SIDEWALK IMPROVEMENT SR-4387 IN S.W. 8 AVENUE SIDEWALK IMPROVEMENT DISTRICT SK-4387 JUN # 5_19 (gore follows body of resolution, omitted here in the Off ice of the 'City Clerk. Upon being setorded by 'Coat ►issiotier Plummet, the resolution was passed and adopted by the following VOte AYES; Commissioner H nol) Rebose Cottiissiener .Rose Cerdon Commissioner (Rev.) Theodore Gibson Vito Mayor J. L. Plummer Mayor Maurice A. perre, NOES: None JUN 5- 1975 MAKING APPROPRIATIONS FOR FISCAL OFF-STREET PARKING BUDGET YEAR BEGINNING:OCTOBER 1 1975 Mayor Ferre: Is anyone here who wishes to be heard on item #5? This is a public hearing on the proposed budget of the Off Street Parking Dept. of the City of Miami for the fiscal year commencing Oct. 1, 1975 through September of next year. Mr. Reboso: Does the City Manager recommend? Mr. Andrews: The Charter even provides that this reporting process andthisprocess need not even pass through the hands of the City Manager that it comes directly to the Commission. the at d on file Lloyd, City Attorney: Mr. La Baw is here to answer any questions. Mayor Ferre: Mr. La Baw will you step forward and answer questions for commission please? Mr. Plummer: Dick, the retirement system, is that a contribution into the regular retirement system ? Mr. La Baw: Sir, part of that, we have seven members that are under the City retirement plan and that is our contribution to the retirement, Mr. Plummer: You have 7 members? Mr. La Baw: Yes, sir, -- Mr. Plumper: I question on the administrative side, you show a cost of $32,500. that can't be 7 members, on the 2nd page, Mr. La BAw: How much, sir,? Mr. Plummer: You show $32,500. for the retirement system. Mayor. Ferre: It is item 4330 on the first page, ---- Mt. La Baw: Sir, that is not just those 7, but that is also contributions to the retirement plan that we have, Mayor Ferre: No, if you notice the next one, general operations, you have another retirement which is $3,400. on the next page you will see,-- Mr. La Baw; Each section the people in that section, --the retirement is charged into that section, like the ones in Garage No. 1, No. 3 or 4,--- Mr, Plummer; is it an individual plan or to the City plan. Mr, ha Baw: Some of it is a City plan and some individual plan, Mr, Andrews; May I assist Mr, La Baw, the Charter requirement of the Off Street Parking is Sec, 23-A1 in the Charter, requires that each operation her 1denLified as to its expenses and the way this budget is organized it's on effort to identify each each expense as it occurs at each item, Mr, Nitta ter t Nt,to: 111 ask the questiott again, ts this animal t tf nofiey a contribution itlto your met platy tin itito the ro4 etail city plat/ Mr: to BaW: It is a coTMitlation r f boLn sir, - Mrs Plummer: t mould like to have a bregki.dowtt of it. Group insurance ...,-,in that part of the City plat or is that at individual plate? Mr. ha Bttw: That is at individual plat sir: Mr. Plummer: individual, separate from the city's plat? Mr. La Bata: Yes, sir. Mr. Plummer: Then I would like to know anyone you wish to choose, let's use the administrative, $4,188, 00, hots ttany, people are ineiuded fti that? In that for 7 people? Mr. La Baw: No, sir. That would be for 10 people sir. Mr. Plummer: ---or about $418. per person? Mr. La Bnw: Yea, sir. Mayor. Ferre: t might say J.L. that the total, is around $54,000.00 out of this budget. Mr. Plummer: Thank you. What does the employee contribute towards the group insurance. Mr. La Baw On the group insurance the individual employee does not contribute anything, but they pay for all the dependents coverage. Mr. Plummer: I have asked for a break -down on the pension which he can furnish later. Mayor Ferre: How many garages do we have in operation at this point. Mr. La Baw Four, sir. Mayor Ferre: With the exception of the one on Biscayne Blvd, the mechanical one, are they all making profit? La Baw: Yes, sir. Mayor Ferre: And the one on Biscayne Blvd. continues to lose money. Mr. La Baw Over all we have been running a slight deficit. Mayor Ferre: How many parking meters do we operate in the system outside of the garages, on the streets? Mr. La Baw: On the streets on in the lots? Mayor Ferre Let's say on the streets then in the lots. Mr. La Baw: On the street we have about 2700, in the lots we have about 6300. less? Mayor Ferre; How much money do we make on those 2700 units, year, more or Mr. La Baw: A little over two-hundred-thousand,--- 207. of our total revenue. Mayor Ferre: Are these net or gross figures? Mr. 14 Baw; That would be gross, Mayor Ferre: How much do we make out in the lots? The 6300 spaees in lots? little bit less than Mr ha Bats. On the iota sae are estifhating $5 O t41. for this coitng yeat4 Mayor yette: What ate you estiiiating will be yottt gross iticone in all perking operations, everything included? Mr. to Baw: Mayor Ferret Is that a net figure after everything? Mr. La gatQ: That is a gross figured Mayor Ferret The difference between gross and net being that you don't include in that the debt repayment. Mr. La faw:This figure that t am giving you for the revenue is the gross figure. We are not deducting expenses or anything like that. Mayor Ferre: You are talking about gross income? Mr. La Baw: Yes, --- Mayor Perre:--and after all the expenses are charged, then what is left, before the retirement of debt? Mr. La Baw t think it figured out this time, Mayor Ferre 1 want to see how much money we have every year to retire debt. My next question to you is what is our debt structure at this point? Mr. La Baw: Well in this budget we have $457,925. for our debt service, $125,000. is principal, $332,925. is interest, half of that interest falls due in April and the other half in October. Mayor Ferre: You are saying out of the million, seven that we to take in, we have $450,000. that goes toward payment` of debt. Mr. La Baw: Yes, sir, and it is in our operating budget. Mayor Terre: How much is our total debt? Mr. La Baw: Our total debt is over 13 million. Mayor Ferre: At this point we owe 13 million? Mr. La Baw: Yes, sir. Mr. Plummer: Where is parking lot No. Mr. La Saw: No. 1 is by the auditorium.---Bayfront Park Auditorium. Parking Garage No. 1? I thought you said lot, parking garage NO. 1 is 40 N.W._ 3rd Street. - Mr. Summer: No. 2? Mr. La Baw:130 Biscayne Boulevard. Mr. Plummer: NO. 3? Mr La Baw: No. 3 i$ at 90 S.W. MR. Plummer: No. 4 is the new one? Mr. La Baw: Yes, that 190 N.E, 3rd Street, M Plummer; Those costs are projected costs for the full year? Mr, 144 Baw; Yes, sir. Mr, ,Plummer; My question is, just using an example No, 2 hold, Mt, La Sew: :4 234= Mt. PluMMet' And the tiew 'garage? Mt. lsi B tw:=098,== Mr. Vlutmner: Just about double. Mayor perre: Except the expenses of NO, 2 are More. Mr, Plummet: Not really, the otie I atn looking at and the most outstnndl.ng, is why using 2 as opposed to 4 why is the light bill three tunes as much? The light bill in No, 2 is $8800. The Nett No. 4 is $24,000, Mr, La taw: At the Boulevard Garage, this is the one we park the cars ourselves, we don't have to have the lights on the upper floors, Mr. Plummet: Let's use No. 3, $8900. Mr. La Haw: That is a self -parking, --- Mr. Plummer: How many cars does that hold? Mr. La Saw: — 427-- Mr. Plummer: Use that one then. No. 3, the light bill is $8900. No. 4, which in just about double, the light bill is triple, or $24,000., MR. La Baw: We have a surface parking lot that adjoins that garage, we have .lights in there, we have flood lights form the outside of the building, they arc more sensitive as far as washing the walls Mr;. Plummer: The City employees pay 20% of the cost of insurance and I am wondering how the City could justify why you give your employees who are also city employees a better hospitalization than what is afforded to the overall picture. a year, Mr. Andrews: I have one question that need not be answered at this time if Mr. La Baw is not prepared to do so, because there is going to be a second reading, but the fact that it is one hundred thousand dollars difference between gross revenue and cost of operations, and the Charter requirements that, and I'll read from 23-A1-I---'should there occur in any fiscal year an excess of revenue over expenditures required for operation maintenance, required reserves and debt service,' then such excess revenue shall, subject to the provisions of any ordinance of the Commission of the City authorizing the issuance of parking facilities revenue bonds of the City and to the provisions of the trust indenture, or trust agreements securing such bonds be paid into the general funds of the city', --I just want to make sure that t don't have any obligations here as far as the general operations of the city that there is under their ordinances that they operate a proper flow and use of those funds so that no one else questions it, so you will have to bring it out. Mr. La Baw: Mr. Mayor may I answer Mr. Andrews' question? Paul, there is. a bond ordinance that came after this and that spells out the flow of funds and where is goes into the debt service and retirement fund and etc. Mr. Plummer: I move Item #{5. AN ORDINANCE ENTITLED AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1975 AND ENDING SEPTEMBER 30,1976 FOR THE DEPARTMENT OF OFF-STREET PARKING; PROVIDING THAT IF ANY SECTION, CLAUSE OR SUBS -SECTION SHALL BE DECLARED UNCONSTITUTIONAL„ IT SHALL NOT AFFECT THE REMAINING PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH 1 2 JUN 1.51975 Wan Introduced by Commi isiott+ t Plum t and aeeoi ded by OMMinaibnet Gibson and pasiae+d on its first reading by ti.tlo by the following vote: AYES: Commisaioner Matto b Peboao CO ttissioner Bose cordon Gottniasioner (kev.) Theodore Vite Mayor J. 144 Plummer Mayor Maurice A. Verge 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. JUN 5 REGUEST OFF STREET PARKING AUTHORITY TO DEVELOP PROPOSALS FOR PARKING GARAGE IN COCONUT GROVE VILLAGE, CENTER Mr. La Baw: Mr.. Mayor as far as the Off -Street Parking Board is concerned they take the position as they always have, that they Would be willing to do any studies in any area., Mayor Ferre: We have to do this in a legal way, so read the motion. City Clerk, read the proposed motion. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-518 A RESOLUTION RECOMMENDING THAT THE CITY OF MIAMI COMMISSION DIRECT THE OFF-STREET PARKING AUTHORITY TO PREPARE A DETAILED ANALYSIS OF THE SIZE, LOCATION AND FUNDING TECHNIQUES REQUIRED TO DEVELOP A PUBLIC PARKING GARAGE FOR THE COCONUT GROVE AREA TO CONCENTRATE NEEDED PARKING FACILITIES THEREBY ALLOWING THE ACTIVE USE OF RETAIL PROPERTY FOR PLAZA, TERRACES AND SHOPS IN A MANNER THAT WILL STRENGTHEN THE PEDESTRIAN SCALE AND CHARACTER OF THIS UNIQUE AND VITAL VILLAGE CENTER (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None GRANT 90 DAY EXTENSION OF VARIANCE Mayor Ferre: Mr. Manager do you want to address yourself to Mr, Andrews; I am going to ask Mr, Ferencik detail some of the information that we have in reference to this matter, and I am recommending that we do not extend the occupancy, Mr, I'erencik; This property was occupied originally without the benefit of a certificate of occupancy having first been issued, and also there were certain changes made inside of the building wihtout the benefit of building permits, As a result of this, when we discovered this, we directed the occupants of the building to provide us with the proper amount of parking, make a proper certificate of use application and provide us with the proper 13 JUN 51975 amount .ot parictrtg. They wete unable to do so, and ultitmately We brought the Matter before the Metropolitan bade County court. The court granted the tenants tht right to Peek adTinistrative relief thtougu the planning and Toning protesa, Which they did, the planning and toting board granted theta Certain considerations in terms of Lowering the number of required parking Spaces, and they told theta that within a perihd of titrie, specified it the reSoitition that they had to come up with the properntuouttt of parking. They have been unable to do so, and at this point in time, the building ita to different that it Was a year or more ago when thin whole thing started. 1 don't know that they are ever going to be able to provide proper amount of parking. This was at apartment building, a four unit apartment. It waa converted into this engineering and architectural office and no permits records, — -we can find no permit records having been taken for any of this work. finless they an give the city some assurance that they ate factually going to cotne up with this required off-street parking, t don't believe the occupancy sould be extended. Mr. Andrews: The second aspect of this is not legal or technical but one which addresses itself to a moral obligation, if nothing else, it is certainly knowledge of the city's laws, here are architects and engineers occupying a building who are suppose to be the guardians and watchdogs of the public in making sure our laws are enforced and property followed, and they themselves occupy a building in violation of the city's requirements. Mr. Burns: Thank you Mr. Mayor and members of the Commission, Mr. Ferencik raiacn Nome good points and I know Mr. Perencik did a thorough research job on permits before he would make a statement. As often happens I am sure Mr. Ferencik didn't do it personally, there may have a been a slip-up here because we did have permits. 1'11 let Mr. Feldman speak specifically to the permits since he secured the permita but before the electrical work was done he did obtain a permit from the City of Miami. That is No. 1,-----No. 2, when we went before the courts, we entered a plea of not guilty because it was our sincere belief the city was wrong and we didn't agree with the conclusion the city reached, in bringing the action against this :occupancy since we felt we had the legal right to occupy the premises. This was based on several different basises. No. 1 the building was being used as a business. Mr. Goode was a real estate broker and the property, was purchased from Mr. Goode and the contracts specifically stated that the property could be used as consulting engineers and that it would be proper to do so.- I might also point out as is a part of the record, my letter of May 20, 1974 and other addendums' in the file, that a certificate of use and occupancy was obtained, being certificate No. 671740 on November 29, 1967 for this business 'purpose and in addition a Mr. Feldman received license NO. 35147 transferring his right to 4o business in -that building prior to the closing because Mr: Feldman did not want to close unless he had the absolute right to carry on the business. That is why he bought the building. He went to the City first and got the license transfered to this new location prior to closing, subsequent to closing, license No. 22643 was issued to Mr. Feldman to continue his buisness. But rather than contest the legal basis here and the grandfather clause operating off of Mr. Goode's occupancy of the premise: as a broker, we did come in before the zoning board asked them,'look, gentlemen, what do we really need here, we are good citizens,' the city didn't intentionally tell us we have the right, they made a mistake, you are not "trying to hurt us, but we don't want to hurt the innocent citizens in the area, what do we need here for parking? They asked us to do a study, we did a study here, the orange, vertical lines is the available parking. The short orange line that says 22% ie the average amoutn of parking that we are using of all parking available at the property, the white space between the 22% and the 41% is the margin of safety. The 'access parking that is available that is not being used, and we have as you recall last time, we can go through, the charts again if you would like ua to review, this property is on a peninsula. The street on the west side is a dead-end street which has not vehicular traffic available. On the north end there is another street which is quite wide and has extra parking, of course there is 15th Road, There is more than sufficient parking available, we are noP even. using the parking that is available, Based on that, at the last hearing, we were granted a variance and they told us to go ahead, complete a permanent ].ease with the adjoining property. This is property owned by I am sure you familiar with the company, I have been out of town but I understand there has been some publicity in the newspapers during my absence where they have had Home problems internally, Mr,. Feldman is here and would be more than happy to 1,4 JUN 51975 diseuse at gtent lengths all the problems he has had with thatiges of personnel. and In his good lafth attempts to secure a lease. i"te have been advised by _ _a public -company, that they aLe nem prepared to enter into a 5 year leave with us. This is by oral advice. sp to this very reeent advice they were unable to give ue +Mitten aae+urante that they have the right t leave the property. They would net make a representation that they have that right or that we ueuid have quiet enjoyment of the property, so we vould be fated with the problem of paving, meetieg ail of the city requirements on lighting and landetaptng, what have you, wholh is obviously is of some significant expense, and we are reluctant to spend that money if the person who had the property wouldn't even tell us they had the right to lease us the property. Moto we hope and in good faith, Mr. Peretcik, we are optimistic, we want to solve this problem too. They have told ue, yea they will give us a five year lease. This is the first time they have ever said that, and that they will put in a representation that they have the right to lease it. This still has to be cleared by their legal department, but there has been a tremendous change over in personnel. Mr. penman has with him all the letters if you would like to review them. We have been trying to do that. tf I might jump over my problems, so to speak, and into the practical problems here, there is no parking problem now. I am sure Mr. Acton has reviewed with Mr. Whipple and the other people, and the staff has inspected the property. There is no parking problem surrounding this property, caused by this property. We are not causing injury to anybody, and we are prepared to execute the lease am soon as we obtain it, as soon as we obtain it, we are going to put in all the improvements the city requires. Rev. Gibson: Let me ask you something. How do people who are keepers of the trust of the public, violate the trust? If I Went on in depth, --you could say, Gibson, you are supposed to pray, you don't know what zoning is all about. God knows you can't say that about architects and engineers. That is their living. Now if you say, that if I, pray and gave the wrong prayer, you know, you could hold me, asking God to do the impossible, and you know that. Did you hear what Mr. Ferencik said ealier? Mr. Burns: Yes, I listened carefully. Rev. Gibson: Lt really disturbs me. These men are keepers of the public trust, and f am upset , more and more, in my life. People are not too concerned about the keepers of the public trust. Mr. Burns: I am sure if Mr. Ferencik asked his people to check further they would find that a permit was obtained prior to doing the electrical work, and I would also like to point out again Rev. Gibson, that prior to the closing we did obtain license #22643 authorizing this to go on, on the good faith belief, as t assumed the city had, that said Mr. Goode had a license to'conduct a business in this property, that it was grandfathered in under the city's ordinances and it would be proper to conduct this business. I don't want to argue law, but we feel that is so, but we don't want to have a controversy with the city. The city says you need an extra park in there, fine, we are going to go ahead and do it. Mr. Plummer: Fred, how long is it going to take to get it. Mr. Burns: I hope that within the next 6 months we will have the whole thing wrapped up, Mr. Plummer How about 3 months? Mr. Burns: We will wrap it up as fast as we can get the lease signed. RIv. Gibson: Let me ask this, Mr. Burns; You know you understand the problems we have,--- Mr. PLummer, I don't know Sanatox? from hickery-dickery_ dock. Mr, Burns: We have tried to get the lease from them, and we will go, Rev, Gibson; Mr, Mayor is seemsto me, I don't have anything against anybody, I want to do what is right. To tell me the contract gave you the right doesn't Jibe with me, no contract could negate a law. Mr, Aurne; N no -,....., Mr, But na4 No, t am act Raying that,- Rev. C;ihsottt I don't do a lot or writing, but i wrote that tine down he You did it baaed rift the contract, ,don't tea us about the tottetratt. i watt tt, spare you that, but it would appear to me, the: if they called you and told you word or mouth on the telephone, 1 pray too, 1 Motet what that is like, t think We ought to give you 30 days to come back to this cOMMitaion with affirmative actioc t think we need to start saying to people, either you are 'going to keep the laws, or you ate tot going to keep thetas you are not going to tote here with the smart talkers and all that, not that you are doing it, but if we ottce say to you, the new will get abroad that you are going to have to code clean like you may, go in court with open hands, clean hands. Now, Mr. Mayor 1 thank 30 days tar them to indicate to us that they are or aren't going to get it, is reasonable. Mr. burns: Rev. Gibson might 1 ask this of you, as a practical matter, and t know you are familiar with the problems of,,..theyhave to do their abstracting, they have to prepare the lease, and go through their departments, might I ask if we might go along with Commissioner Plutters' inquiry concerning 90 days, but we will come back in 30 days and report in greater detail, as the commission mightlike, as to what is being accomplished, as a practical matter going into the summer, working with a company that is in Hartford Conn. we have had a tremendous amount of problems, they are going through personnel changes, I don't think mechanically it is going to be done much sooner, we will come back and demonstrate to you, everything that has been done, -- Rev. Gibson: I hope that demonstration is not word of mouth. Mr Burns: We will bring copies of our letters, I'll give you as full a report ,as you wish. Rev. Gibson: I'd like for Mr. Lloyd to respond. Legally I think some things we ought to get hard-nosed about. -I want legal counsel to advise me. Mr. Lloyd: As I understand it from Mr. Burns, all he is talking about at this time is whether or not they can get a lease of the building from Sanitas ? Corporation, and then and only then, after that, will they do something about the parking. So the mere fact that they get a least doesn't say that they have yet to solve the parking problem. Mr. Burns; John, I didn't explain it clearly, it is the contiguous dirt, it is vacant land, next to this building, that they commission said, build your parking here, and we will build it there, but we need the right from the landowner saying we own this land, and yes, you can stay here so that if you spend the money, it will cost about $3500.00. Mr. Lloyd: So what you are doing is attempting to negotiate some kind of long term lease with this corporation, for the additional property. Mr. Burns: They have agreed to price and terms,we haven't got it confirmed in writing, there has been a great turn -over in personnel because of problems the company has had, Mr. Lloyd: Have you found anything from them as to what is taking them so long, which is your problem. Mr. Burns; They have had a change -over in personnel. We have worked out with different individuals the deal and he is no longer there, either fired or changed, and there has been the SEC investigation, there has been the local problems you have read about. Mr. Fellman has personally conducted the negotiations and he would be more than happy to be more specific if you like to know the names and date, Mr, Lloyd; Would it be safe to say, that if you don't know in 30 days you will never know, Mr,Burns: No, it wouldn't, because we didn't know in the last 30 days -nH early as this morning, they have told us that they will make the deal with us, They have not been able to find, ---as lawyers, .John, you and I would be amazed, but they were unable to confirm that they owned the property. 16 Thty gt,t this property "from the cettitti nt .Mary hrickell4 Mr, Plummet: titt'a just give you OD days or else. In 90 days, dttt�t tome back because your 11 be %setting time. you uottply in 90 days, give ua n 30 interim, because we are not going to iron these things out thit3 morning. Mayor Porte: la it a motion? Mr. Plummer: Yea, it is a notion, Mr. Lloyd: toe have a resolution granting a variance which 1 would ask the clerk if that is the intent of the commission to inter-lineate and change the one year extension to a 90 day extension of the variance, in the title and in the body of the resolution. See that Mr. Clerk? Mr Southern: Yes, I do. Mr. Lloyds Can you do that provided the commission passes that? The following resolution was introduced by Commissioner Plummer, who roved its adoption: RESOLUTION NO. 75-519 A RESOLUTION GRANTING A 90 DAY EXTENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 101 S.W. 15TH'ROAD BY ZONING BOARD RESOLUTION NO. ZB 180-74. (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 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: Mr. Lloyd: What 1. might suggest is that Mr. Burns communicate with the Law Department as soon as he possibly can to let me know the status of the corporation and the status of their construction of the abstract as to what rights they have, from that we can determine whether or not the corporation has a right to lease the property. Will you do that please, sir.? Even before the 30 days if possible? Mr. Burns: I'll keep you advised, as I see developments, --- -Mr. Lloyd: Please make sure you do, because -if you don't I'll report to the Commission that you haven't done so. GRANT 1-YEAR EXTENSION OF CONDITIONAL USE 1693 S.W. 8 ST, SOUTHEAST NATIONAL BANK OF CORAL KAY Mayor Ferre:The applicant, Southeast Natl Bank of Coral has requested a year extension of the conditional use. Any objectors? Mr. Plummer; l have an objection, is the applicant here? Mr. Malcolm McNaughton: My name is. Malcolm McNaughton, president of Southeast Properties, representing Southeast Bank of Coral Way, Mr, Plummer; My objection is, when are you going to start construction? Mr► McNaughton: We had hoped to start by now, and requesting a deferment for a Year on a conditional use granted. We had some problems,'------ 1'7 Mt. Plummer: T at t 11 ty tet►eern is you took the tnstivatiott ttt your ,n part to completely scarify that lot and have left it its ,a liabloua condition, from your standpoint of view i1Jttout fencing it and without atartitg construction. YOU have wiped ft clean. Chet I wapt to knots lei ate you going to start oonsttoetittrt in the nest 10 days, of 60 days, or are you going to do aothething to try to put a little beauty back upon that corner. Mr. McNaughton: Mr. Plummer, if we don't start constructions within 30 to 60 days, we will fence the lot and beautify it. Mr. Plummer: They came here for this thing originally with the fast they were going to eliminate a blight and put in a nice park, and l agreed and t think it is very nice, but now we are faced with the fact that we are looking a totally vacant lot that has been scarified and in sotie way t think they ought to put in some of the park area if nothing else to put some beauty on the corner as they promised. Mr. McNaughton I'll convey it do my best to get your wishes fulfilled. Mr. Plummer: I drive by there twice a day. The following resolution was introduced by Commissioner Gibson, who moved its adoptions RESOLUTION NO. 75-520 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XI, SECTION 1(5)(b), TO PERMIT CONSTRUCTION OF DRIVE-IN TELLER FACILITY ON LOTS 1,2 & 3, BLOCK 1, SHENANDOAH (8-90), LOCATED AT 1698 S.W. 8TH STREET, ORIGINALLY GRANTED I3Y CITY COMMISSION RESOLUTION No. 7598 (Herefollows' body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution 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. JUN 5 - 1975 PERSONAL R. L. CARTER, T.M.T. TRAILER FERRY INC. APPEARANCE REQUESTING DELAY IN LEGAL PRQCEED1NG$ Mayor Ferre: Let's take up Item #8, the appearance of Mr. R.D. Carter, president of the T.M.T. Ferry Inc. Mr. Lloyd: Mr, Mayor before Mr. Carter speaks, may I state for the record, Mr. Carter is making this appearance here before the Commission as his specific request." Of course there is an action at law going against the F.E.C, to obtain an injunction from the FEC with Mr. Carter's corporation TMT as a co-defendant to enjoin them from expanding a'prior'non-conforming use. Mr, Carter will explain his position on that and I reiterate that he is here at his own personal request, Mr, R,D. Carter: Honorable Commission, T sincerely appreciate your indulgence in time in giving me the opportunity, -my company's dilemma to present it in respect to the civil action suit filed by the City of Miami against the Fla, East Coast Railroad on the one hand, Trailer Marine Transport on the other hand, identified as case No, 75-11705, In the simplest of terms TNT as lessee of the property presently held by FFC is an innocent bystander to a dispute between the City and the FFC and feel it should be totally dismissed from this suit an background, TM'i' Is an ocean transportation common carrier and is operated on a roll-on/roll-off tug and barge service between the ports of Miami, Jacksonville and San Juan, Puerto Rico for the past 20 years. It has 1 i Leaked the 11.i reality oh 'Biscayne Boulevard rd since late 65 Of '66. Por 17 years or its 20 year life it operated in hdnktuptcy under the jurisdiction of the U.S. t)istrittCurt, Souther bistrtct of 1'1otida: ton Novetiber 15, 1074 the tompaity was sue+cet efully reorganized and wait purchased by Crowley Maritime `Corp under an approved order of corisumation, decreed by Honorable Judge W.O. Mertens. During this 20 year span, TMT has contributed substantially to the desired growth of overseas tommeree to the port of Miami, and because of the high volume Puerto Alto market it has treated a multitude of job opportunities in the diverse and related functions associated with the overseas transportation. Many of the ocean carries operating in the Miami -Sat Juan trade, including the giant Bea -tend who tried it twice, have tome and gone over the years, but only TMT continued, and today it is the only ocean transportation link in the trade between Miatni and Puerto Rico. The importance of this service both to Miami and Puerto trim is easily recognized. Diminishment or extinction of TMT service to the multitude of shippers consignees trading with Puerto Rico through Miatni would cause untold damage to them and their thousands of employees. I stand before you as a business man discussing commercial consideration and not as a lawyer discussing legal merits, although I am aware of certain continuing litigation in which TMT has not been a direct party until now. l am aware of the litigation between the FFC and the City concerning the condemnation of the property along Biscayne Boulevard, which FEC has operated as a waterfront rail -marine terminal. I am also aware of the zoning change effective August 8, 1971 under ordinance No. 6871 which rezoned the Biscayne property in question from waterfront industrir:l to local commercial. Specifically, TMT has been named as a party in violation of the zoning ordinance by using a portion of the recently created land, I believe it is about 12 acres, to the east and adjacent to the Biscayne Blvd property which is in litigation. TMT uses this newly filled area to marshall its customer's.. awaiting dispatch either overseas or to inland points, all in the interest of overseas commerce. This use is interpreted by the City as violative of Ordinance No. 7976 in the non -conforming provision. The City asked the court among other things to permanently enjoin TMT not to use the new land and has requested the court to order TMT to restore its operation to, its location and size of August 8, 1971. I submit this is patently impossible to undertake, precisely because the new are, which I understand was filled with the full approval of the court has radically altered the configuation of the area and now precludes an operation am same as 1971. You can't even go in there because egress or ingress are now blocked by land. Being impossible to fulfill such a demand will cause TMT irreparable harm and clearly an injunction must he recognized as both unrealistic and unfair to UM. As a reorganized company under new management and ownership, TMT has contemplated in its ambitious plans a significant expansion of its Miami operations. We are now doubling the capacity of our huge 100 ft. by 400 ft. barges which would fill the Orange Bowl, from 90 40 f t , trailers to 180 40 f t. trailers by the addition of n second deck. Increased capacity and traffic flow through the port requires more, not less terminal property. Increased capacity will result in increased commerce flowing through the port. It has been suggest that TMT transfer its existing operation to Dodge Island, but this suggestion too is impossible to entertain because of the serious labor jurisdictional considerations Mrs. Cordons Serious what? What do you mean by that? Mr. Carter: Union, --jurisdiction,---TMT is affiliated by contract with the 'Teamsters, Dodge Island is under control of the International Longshoremen's Association. The implication of an action such as moving to a 1.1..A. jurisdictional area are clear, and to me horrendous. I am advised discussions were held in the past between the, City of the former_ trustee of TMT in an effort to reach an accomodation that would permit TMT to move and operate unhindered with this contract of Teamster labor at Dodge but the I.L.A. refused, notwithstanding the laws of the state which include right-to-work provisions. Thus you see the dilemma I have,that TMT faces. It faces restraint against continuing its contribution to overseas commerce through Miami, because it physically cannot retreat to its 1971 boundaries nor can it 02 move to Dodge Island location. It is pure and simple an innocent 3rd party caught In the middle of litigation concerning larger issues, It must re-evaluate not. only ttH expansion plans, which will surely benefit the city in the long run, but also reassess its entire role as a viable common carrier that has served the city well. its future survival is at stake and clearly its demise is just not desirable, In view of the compelling facts I have outlined, I earnestly pray that this commission will consent by dismissing the Suit against ' TMT and ' allow its continuing usa of the property presently occupied, Failing that consent, I am "SUN ' 5197K: very deeply tonetrned that Tht'a Miami operation will be mortally woundedt out MutUal. inteteat itt the growth and prog.esn of Miami atrbrtgly auggeata the spirit of accomodat1on that will permit the reorganized tntt atty to tortltiue ttn bum neaa while the issued between the principal parties are heard by the court. Mrs. Gordon: Mr, Mayor, may 1 speak, but before 1 do I want to ask the inwyet,--1 want to ask Mt. Lloyd a question. Mr. Lloyd I have matty things I would like to be able to discuss, but t don't Waftt td diseuaa anything that may jeopardize our suit in court. How free am 1 to ask questions? Mr. Lloyd: rid like to explain if I may On that. You are free to express your opinions which are individual and ask questions. This must be pointed out that the law is quite clear how the City Commission may act. According to our charter and the home rule amendment to state the commission acts either by written resolution or written ordinance. Therefore any discussion which now fouls Mr. Carter's presentation, by the Commissioner with the expression of their individual opinions or by their questions would be, --your individual opinions, and not an expression of the commission, — Mayor Ferre: Let's put it down to the nitty-gritty, which is what Mrs. Gordon and I will ask the same question. Whatever she questions or says, can it be used against the City of Miami in a lawsuit that might be detrimental to the City of Miami. Mr. Lloyd: No, I feel to the contrary, eventually the will of the commission will be expressed by written revolution, so she may ask questions. Mr. Plummer: Excuse me, the will of the commission has already been established Mayor Ferre: What he is say is, that each one of us can express an opinion or ask questions, and that cannot be used against the City of Miami, in the courtroom because it only expresses an opinion of one person, and not the City, regardless of what position the majority of this commission has taken. Mr. Lloyd: It may only be bringing a point forth which you wish to question, which I think is the essence of Mrs. Gordon's question." Mrs. Gordon: Mr. Carter I address you with a number of questions. I am glad you are here, because I would not have been able to question you on any other occasion if you wern't here. I can't understand how you who run such a company of the magnitude you described, could go ahead and enlarge your operation on land you obviously know is not properly zoned for the purpose you are using it for, and secondedly I can't understand is why you didn't take some action to prevent that filling knowing that you were going to be boxed in as you describe it and not operate because of the land instead of water abutting your previous lease -hold area and 3rd, I don't believe that a labor discussion has any valuein fact as far as we are concerned as to permit a illegal use of a zoned area, so I think unfortunately that you are placed in a position of being moved out of your location but you did nothing to prevent yourself from being moved out of it when you permitted the filling to take place. Did you fight it in court, did you go to court, were you involved in that aspect of it. Mr. Carter:I'll explain that to you. I was not involved with TMT at the time. We were in the -process, -- Mayor Ferre: Her question was not meant to you individually,-- Mr. Carter:----TMT did, yes, because they were being blocked out and the court as 1 understand it made FEC provide suitable substituted area. Mrs. Gordon: What was that? Mr, Carter; On the north side of the area, the area that is in litigation today. There is a slip there. Mrs. Gordon; Yes, but that is area that is not properly zoned nor, 20 J UUN ' 51975 did you have a leasehold use of that filled area to park trailers or whatever on It, and tonne uetil q Y You did trot ptitque it the course Or time yeti should have tiurttned to present yourself iti my oplOnti from being placed in the posit ion you are iti today, it which you L1tc cl.tithing you are going but of bunitlemn betauue either the City tins to withdraw its suit against you to the Courts tt,r nn injunction or permit to use an illegally Batted parcel of land. MR. Carter As far as the fill in concerned the 'lid cotnpattyi did actually pursue it through the courts. Mrs. Gordon: And you went through the whole thing. Mr. Carter. -and the court did approve the till, and insisted that the TT be given property on the other side for use. Mrs. Gordon; Mr, Lloyd will you speak to that? Mr. Lloyd: Mrs. Gordon, Mr. Mayor and members of the Commission, Mr. Carter, if I may speak to Mr: Carter, 1 believe this to be the fact, that TNT which at that time was inn bankrupt status, brought an action in the federal court before Judge Mertens, to enjoin the FEC from further filling on the grounds that such filling would interfere with the quiet enjoyment of their Jenne and the court entered n temporary injunction at that time the filling wan partially completed. The court held that that could stay because it wan on only a sand bar which wan not nav,ignble in any event, but temporarily enjoined them from further filling. Now, it is my understanding, I may be correced if I am wrong, that on behalf of the then bankrupt corporation, an agreenient was entered into by which the suit was dismissed with the proviso that TMT could enlarge the then bankrupt corporation, it operations onto the filled area. Therefore the suit was dismissed by agreement. Mrs. Gordon: Dismissed by the courts? Mayor Ferrel Yes, by Judge Mertens of the federal court, what they did is roll right over our zoning, and just said all right, give them the extra land without taking into consideration that the City of Miami has not properly zoned that, in effect it breaches ourrights as a creature of the state to under our policing powers, to zone or not zone property. Mrs. Gordon: I agree with you on that point Mr. Mayor, now I want to ank another question' in regard to this, was the Judge made aware of the zoning of that land area that was being filled or was that ever brought up in the cour ta. Mr. Lloyd: This was never brought up in the court, the issue was never raised to my knowledge. If it was we would have had to been included as parties. Mrs. Corson: If in fact the courts never knew that the land wasn't properly zoned, they may not have rules in the manner they'. did, so I ask you, did you know this suit was pending at the time, were you represented .in court, were you there in behalf of the city . Mr. Lloyd; Yes, and I had no knowledge until after the whole thing was completed because the city was not named as party, that such a thing happened, and so it is my opinion it doesn't affect our lawsuit at this time. Mrs. Gordon: I. am not discussing whether it affect our present lawsuit, but I am concerned about the position that was taken by the court in permitting the filling and the court never knowing, and may have changed the decision had they known that the zoning was such that we are going to put them out of busineea, and I am saying that what we ended up with is filled land we didn't want filled, and maybe it would not have been filled had the courts been property informed. You follow me,- Mr.. Lloyd; f follow you and that is why we are in court now, Mrs, Cordon; Yes, we are in court after the fact. Mrs. Gordon; I am saying is shouldn't have been filled in the first place, 21 JUN ' 1975, Mt, Lloyd: 1 actually am hot :party to the agteement but this lgfttmt'nt was made I understand without any consideration of the city of Miami and moved ahead in court was not made aware of this issue, Mrs. (►ordont t think I have made my point Mr. Plummer: Mr, Carter theCity of Miami is paytrig approximately 7 million dollars to improve the entrance to our city, Sir for otte, I can't conceive in any Mrg. Gordon: We should have intervened, and toe Mr. Plummer: ---how this type of operation can be contiguous to the kind of beauty we are trying to develop there, —'how can you,in the stretch of your imagination say that your use is compatible with the surrounding property. Mr. Carter: As far as my operation is concerned, I sure Ilook at as in the eyes of the beholder, t guess. I do look at it, the operation can be made attractive, but today it is not, but this not the function of the leasee. My point is, this is a dispute today between the city and the FEC. I have not been a direct party to this problem. There are many things that can be done in terms of landscaping that can make that area compatible, --- Mr. Plummer: With a barge operation? Mr. Carter: Yes, indeed. The barge I am talking about is quite beautiful. Mr. Lloyd All that happened to my knowledge in the court was, the court was never aware of what the agreement was. This. was a private agreement between TM1, the then bankrupt corporation, and the FEC, and they went before the. court and said we have amicably settled the matter and we both agreed the suit be dismissed end bingo, ended it. Mayor Ferre: I' think I have to agree with -the concept that as it was reported in the newspapers, I think the City of Miami should have intervened and made sure the court was aware of the rights of the people of Mlami in this matter, that we represent. Mr. Carter let me express my opinion, and I listened very direfully to your statement, and if I were in your shoes, would have made a similar statement, I think I understand the business logic and the reasoning behind all of this. Let me point out, as I see what the problem is. This piece of property, --this commission representing the people of Miami, have gone on record on many occasions that it is our intention to end up with all of this property, for the public good. Through legal maneuvers, and through problems we have had, this thing has gone on and on and on, and as a matter of fact it has been hidden somewhere in the busom of the Florida Supereme Court for. almost a year, which is almost unheard of In the meantime the legislature has during this year that haspassed, actually a year and a few months. ago, passed a lnw, which is now the law of this land of the State of Florida which gives the City of Miami the legal right to take that property and still we haven't been able to get ,justice done. In the face of all of this, end this is obviously very well known by all of these parties, it seems to me that this is a blatant, ignoring the will of the City of Miami and of the people of this community, and like the FEC and the people involved in this, are completely ignoring the will of this community, that we are entitled to by law. Now, we did not want that land filled because we had other plans for it. But as it happened over the years, the FEC was able to get permits to fill the land and they got permits from the internal improvement board. It is unbelievable but all of this was accomplished. They got permits from the corps of engineers, they got permits form all of the various entities they needed to get permits from, --we tried to intervene to stop, and we were also thrown out, and the court forced the City of Miami to give these people a permit to do this. Now, the land has been filled, and the problem is, that over this land that has been filled, now is an industrial, waterfront operation with all these units on it. We have photographs of all these trailers. You say it can be beautified, there hasn't been one attempt on the part of the FEC railroad to even be condescending enough to put 20 bushes there or flowering treeri, in a jesture and this has been,- __...(let's have One meeting here instead of twu) ---=this has been a blatant abuse and ignoring what is patently obvious to me rut a member of this community and Mayor of this City,.I want to show you these photographs that were taken on June 1975 for example, show that railroad tracks have been laid on this land, and you will see in that picture of June, 22 1975 i st►t tars hil uttitt, railroad units, that seem to be maybe bunkering, those ships that are taking fuel, to it is going beyofid just the storage of trailers. 'hits becomitig at area to fuel these ships. So that 1 gm saying is obviously thlra is s full fledged industrial operstioi., that is going on, on ,a piece of property and obviously anybody with a little cotton set 6e can see that from, - ,....you 'say you ate only using 12 sties, -...- Mr. Carter. No I at not, l think the entire area is 12.7 acres. Mayor Verret I could like to poitat out from the looks of this, you are using all of the land that was filled? Mr. Carter; No,t had nothing to do with this spur track, Mayon Pcrre: I get to this point, the PEC when they went to court Mr. Carter, said way back in the beginning, and this is why the Judge ruled and lohn I want you to listen to this because the court ruled that the City of Miami could not take that property because there was a contractual. arrangement between`CMT and the PEC railroad for the use of this property and that since this was a public service, and it wasn't clear as to which the right of public domain, superceded, therefore we could not take that. In the maintime two things have changed, 1, that concept has been changed. The law has been changed and the law of the state is different. So that is point NO. 1, NO. 2 it is obvious that the FEC is using this property for other reasons other than their contractual arrangement with TMT Mr. Carter said he had nothing to do with the placing of those railroad tracks there and he has nothing to do with some of the other activities, so theFEC is in effect is blatantly disregarding what is not only the will of this community, and blatantly disregarding the will of this commission, it Is also blatantly; disregarding state law as established by the legislature of the State of Florida last year and certainly is taking advantage of whatever it is that has kept the supreme court of the State of Florida from ruling in over a year. So I think the people of Miami are entitled to a very quick and emphatic and strong pursuit of the resolution of this, and I noticed in the newspaper the other day that the Chief Justice of the Supreme Court said he was amazed that this -thing -had, in his words, been hidden somewhere for over a year and that he was going attack and expidite a tag to it, and hopefully there would be a decision in the next two weeks. I would strongly, and we have been advised by the several attorneys that we have discussed, that we should remain quite until the supreme court makes a decision, because that it would not do us any good to try to pursue this, but I think if we don't get a response as the chief justice of the supreme court stated,within a two week period, it is my opinion that we ought to use whatever means we have to, and I know it is embarrassing but we are going to have to request the supreme court to give us a ruling on this matter because it has taken long enough and in my personal opinion I don't see, --I am sorry for you that you are involved in all of this, but I don't see that the City of Miami can do anything but pursue this as vigorously as possible and that means that this land should not be used in any way for any industrial, or waterfront industrial use since it is not zoned -that way, and it is very unfortunate that the FEC has again thwarted the will of this community Mrs. Cordon: The question to you Mr. Carter is this, at the time you did file an injunction to prevent the filling, and you then reached a settlement with FEC, whereby you said that they said you could use this filled land and therefore you would have a larger operation. Did you agree to pay them an additional HUM of money for a lease extension. Mr. Carter: I am a member of the new ownership,--- Mrs. Cordon: Are you paying more money for the lease than the previous owner? You are using more land, are you paying more money? Mr. Carter: Yes, — Mrs. cordon: You are, --in other words, this is part of the of the settlement between you and FEC. Now, I say this, and I say it again, I don't recall the date that your case came to court, in might have been before Mr, Lloyd was our"Chief Honcho" Mr, Plummer; Chief Honcho? Mrs, Gordon; Yeah, --but; if he was, or wasn't, the law department in my opinion 2 'JUN 51975 should have been on top of this thing at that time and tone in and told the courts that what they were going try petnii.t, if they permitted the filling was that thin opttation is illegal as far as tuning is conterned,vas going to be expanded and additional leasehold arrangements were being made on it for this additional cottimercialuseage and etc. What wan the date of that suit Mr,. Carter: i don't know the exact date. Mtn. Gordon: Mr. Lloyd do you know? Mr. Lloyd t know the approximate date, it was around June of last year. Let me clarify this position, that suit which 1 was familiar with,. and t discussed it at length, with Irvin Wolfe who was then the attorney for the bankrupt corporation, and you will recall that on the basis of that action by TMT to prevent further filling, 1. moved promptly in the supreme court at that time to have their certiorari position declared moot on the ground that the FEC was destroying the very element which they Were contending gave them the right to continue their operations, The Court has not yet ruled on that. This "agreement - Mayor Perre: What court has not ruled on it? Mr. Lloyd: The suprrme court Mnyor Verre: State of Florida supreme court? . Lloyd: That is right,--- MrR. Cordon: You brought the zoning matter to the Supreme Court? Mr. Lloyd: No,'I didn't, the zoning matter was never an issue before the federal district court, was never an issue. Mayor Ferre: Let me tell you something, let's talk about the future 1 think perhaps, --maybe Mr. Carter is going to end regretting having come here and discuss this, but I think perhaps we ought to go back to that federal court and go back on this premise Mr. Lloyd that these people have in effect signed a new agreement. This is a brand new agreement. Mr. Lloyd: Mr. Mayor, may r cut through, we are already there. We have just transfered yesterday our case from the Circuit court to United States Uistrict Court for, the southern district of Florida because the FEC is claiming by the City unconstitutional interference with their interstate commerce, --it's a federal question, we will bring all of these issues including that one, we are in the federal district court of appeals right now. Mayor Ferre: Is it going' to be before Judge Mertens again. Mr. Lloyd: We don't know yet who it will be given to, it has not been assigned yet. Mayor Ferre: I think we have to pursue this vigorously, with the' vigor we can muster, this is something that has been hanging on and on, and in fairness to TMT, and specially in fairness to the people of the city of Miami, this mush be brought to a head and finalized. We can't keep on just waiting, going from one court to another, you have to have this much admiration for Mr. Ball, that he must have the best tactitions in the world, because everytime we get some place he is no longer there, and he has gone on to some other court, Or has some, other' issue, it is unbelieveable, we don't seem to be able to pin this thing' down. Mr. Lloyd, We brought this into federal court, on our motion it was transferred yesterday. Mayor Ferre; I can't think of anything more important that the City of Miami legal has than pursuing this matter as vigorously as possible and be as strong and, and as relentless as evidently the other side has been in pursing thia matter.' Mr, Lloyd; l have a complete report, if you me to tell it orally I will, 1 can` make a status report in writing, l have it right here as to what has happened up-to-date In the court, 24 SUN ' 51975 Mayor ?efts: Why don't you go ahead and db that right tow ettd get it tits td, Rev, Gibmon4 Mr. Mayor while you take that report 1 hope you will be tellittg me that: in our transfer, from Otte court to the other that you are nova prepared to raise the tattle of totting. Anythning leas than that, it will sager me today because t think it has been clearly demonstrated that we newer raised thie issue. What we want to do is raise the additional issue, so that if one were weak before,we tow get to be strong. Mrs. Gordon: Exactly- -- Mr. Lloyd: That is the fundamental issue of the lawsuit. Rev. C,ibson: That is not what you are emphasizing, Mr. Mayor listen to this, never before has the issue of zoning come before us. That was never dihcusscd and we want that discussed, as a part of the lawsuit. Mrs. Gordon: And they made a new agreement at that time, and that was never brought to the courts either. Mayor Ferre: Obviously they brought a new agreement, that trust be a breach of the formal agreement because there is an extension and it was an extension of something that was illegal because the legislature of the state has already changed the law. They must have been, aware of that. Mr. Lloyd.: ;,et me give my report and we will clarify all of these matters. Fitst, by way of preliminary discussion, let's not confuse the two court actions The other court action was a matter in the federal court solely between TMT and FEC. We could not have intervened at that particular point had we wanted to. We had no rights in that. Mrs. Gordon: Why couldn't we come to the TMT's position to prevent the filling. I want to know that as a legal answer. Mr. Lloyd: That was an issue solely concerned on the leasehold interest of TMT and a contention that their quiet enjoyment of their leasehold interest was being threatened by the proposed action of the FEC. Mayor Ferre: Yes, but the Judge in his ruling did not take into consideration something which was not in the best interest of the people of Miami because that wasn't brought out, so shouldn't we have requested from Judge Mertens to intervene in the matter. Mr. Lloyd: Had we known that was going to come about, yes, but that was done secretly without anybody knowing. Judge Mertens was not informed of it. All he was informed of was, Mayor Ferre: I think I understand but I think it is very important that. Mr. Lloyd, --that now it is not secret and now we do -understand and now we are before a federal court, that all of these matters be brought up to the federal judge so he has the full picture. Mr. Lloyd: If Imay let me give the status, --- Mayor Ferre: We should expand one more statement. Whatever the lawsuit it, we should expand into challenging this new lease that has been expanded bvtween the FEC and TMT, Mr. Lloyd: That will be done, that is part and parcel of this present lawsuit. Mr. Plummer: Mr, Lloyd just because they have entered into a lease that FLC has granted them the use of more property doesn't preclude the right that they have to get that property either under a conditional use or some kind of thing of that nature, I go out here and buy a piece of propertt, I enter into n negotiation and buy it. That doesn't give me the right to circumvent zoning, Mr. Lloyd; That is correct. Mr. Plummer: So where have they got the right to circumvent it, The court didn't give it to them, Mayor erre: Tbis is a biataht distegafd of the oiling powers cif this cMMunity, Mr. Plummer: You are putting the cart behind the horse, .4h t t ata saying la this, yes, the court allowed them to enter into an enlargement of the operntiotta On the fill, but that tight did not say that they had the, rights of zoning, or they touid vacate the rights of zoning. The court couldn't care' less, all I am saying is, that we have the right today to go in there as the City of Miami udder out zoning and say to them cease operation,�=y� Mayor Ferret We have, - Mr. Plummer: Mr. Mayor please, ---I don't see anything wrong with us going and putting barricades and stopping them froth using this property. They have no rights on this property. Mayor Ferre: J.L. that is what courts are for. Mr. Plummer: No, sir, 1 disagree, and 1 have that right. 1 at saying to you that all the courts did, as Y understand, is to allow them to expand a lease. It did not give them any property rights or conditional uses, or changes of zoning. Obviously they say you can substitute this piece of land for that piece of land and come to an agreement, then obviously they accepted that. That is exactly what Mrs. Goron is saying that we must challenge and I agree and that is exactly why we wentin 3 months ago or whatever it was, and placed an injunction to ask them to atop doing that. Mr. Plummer: Mr. Mayor the only thing we find ourselves in here, is the same thing I have trying to bring before this commission for many years, we find ourselves on the outside looking in, rather than being in the driver's seat telling them what they can, we are now taking a back seat and they are driving the bus, ---this is all wrong. Mayor Ferre: Mr. Lloyd can we legally go in there and put barricades on that property. MR. Lloyd: No, sir we don't have the authority to do that because our code does not provide that that is a remedy. There are two remedies available to us, either go into the couty court and have the state attorney prosecute them for violation of our zoning ordinance day by day which will avail us nothing or do what have, file an injunction against them in court to prevent them from continuing the expansion of the non -conforming use which is where we are now. Mr. Plummer: What they are doing is just like the Hari Krishnas, they are sitting there thumbing their nose at us, telling us okay fine, -in a year and a half when you get us out, we will find another place and we will be there for a year and a half because their zoning laws aren't worth a damn. That is really what you are saying. Mayor Ferre: What he is saying is, that we are a country of laws and that we must go, Mr. Plummer: Oh, yes, but that is a two-way street Mr. Mayor. They have as much right to abide by the law as we do to make them. All I am saying to you is, that they are, ----(excuse me Mr. Carter, lam not saying you) --I am talking about a general philosophy which_I have had on this commission for a long time. It is alright for them to break the law. Mayor Ferre: Of course not, that is why courts exist in the land. Mr, Plummer: Mr. Mayor we have certificate of occupancies around here that are issued, I am still looking in front of a well known land mark on 8th Street and the Bay, that we have told them to remove which they furnished n letter, that they would remove before the got a certificate of occupancy, The damn building is still there, we are in court with all the drug centers, we are in court with all of this, the sum and substance is, our laws are un- enforceable, we are not winning, Mayor Ferre; You could say the same thing about the crime picture and the revolving door of people going in and out of Jail, they are disregarding the Jaw. Mt, Plummet:: Not at all. Mayor Pert-e: 1' agree with you ,1.1.. Noboc; is in disagreement, that somehow we live in a toti.ety now where people including coporations seem to be disregarding and not taring about what there laws are saying. The fact is, the PEC railroad has no legal right of using that property against the totting regulations of this community, nndthe PEC in what they have done before, is blatantly disregarding the law, and it is just that simple. We ate riot arguing about that. We are arguing about how do we go about seeking a remedy. 1 wish the law permitted us to go in there, with hatchets and tear up all those things or put a barricade. We cannot barraeade or remove, or otherwise. We only have according to the law, two remedies. We are -pursuing one of those. The one we are pursuing Is requesting an injunction. We went into court about 3 months ago at this commission's bidding to ask an injunction. i wish there was a better way of doing it. If you can tell toe, I'll vote for it. Mrs. Cordon: 1 have a question to you Mr. Andrews, when a person opens a business or enlarges a business don't they have to get a certificate of occupancy or a license to do that, have they received a license of that kind, --to Mr. Carter, you are a big company, don't you believe in getting licenses to operate? Curter: That is the FEC' s property. Mra. Gordon: But you are running the TMT barge system, how about that. Mr. Carter: I am the leasee of the property. Mrs. Gordon: Don't you need a lease, if I go in and open a store I run a business, don't I have to come down and get a license? Mr. Carter: We are legally entitled to do business in Miami, in Florida Mrs. Gordon: Don't you have to have a license? Mr. Carter: 1 don't have to have a license to lease Mrs. Gordon: But you have to have a lease to, operate your business. You have to have an occupational license to occupy it at a certain location. Mr. Carter: That is a legal question,--- Mrs. Gordon: Than has nothing to do with".FEC., that is up to you. Mr. Plummer: Mr. Lloyd maybe 1 am way out of the picture, they are there existing on property which our contention is, they are illegally existing, correct? Mr. Lloyd: Correct. Mr. Plummer; What is to stop the City from going down there confiscating those vehicles that exist on illegal property? Mr. Lloyd: The city has the power to do that, if they do that, they are subject to an action at law for damages for doing it both by the FEC and TMT. Mr. Plummer; Damages if wo do it illegally, is that it? Mr, Lloyd: If it is found to be illegal, yes. Mr. Plummmer; If it is in illegal operation and what our contention and what you tell is, that it is in fact an illegal operation, - Mr, IIcyd: Just n minute, i am getting so many questions fed at me, 1 hove 6 different questions backed up. Let me explain this, that and if you will allow me to give you a stat49 report on this case, it will answer I think, if you l.Isten carefully, most of the questions you have, It is very difficult for me to ,newer questions, when'I get so many,; but if 1'l1 be permitted to give the status report on this case then perhaps you won't have so many questions, and matte of those will be answered, and then i411 be prepated to nfs vet Mr Plummer. Proceed, Mt. Lloyd: The law department filed an action against both TMT Perry, Inc. and f1nrida EaatCoast Railway spectfieally to enjoin the expansion of the non -contorting uses in that particular area shown on the map, and specifi ally for rho reason that this was in violation of the toning Bode of the eity of Miami. That was filed on the llth day of April 1975, this year, very shortly after the resolution directing the City Attorney do to so. Now, the law firm of Shutta and Bowen by William l'', Simtrons filed a 9 page answer to this and a Counter claim on the last day allowed by law, May 60 1975. Their counter claim alleged and their answer alleged that the City's action and the specific zoning law in question was violating the constitutional rights of the PEC pursuant to the interstate Commerce Act, and violating their tight to engage in interstate commerce. This office, the law department, on the 28th day of May flied a 7 page reply to these affirmative defenses of the FEC, the answer to the counter -claim and filed our own affirmative defenses, also was filed by the law department a motion to strike the defendants counter claim on those allegations and hold in part on the ground that the circuit court did not have jurisdiction to entertain that. On the 4th of June we filed a petition to remove the cnuse to the federal district court because as I said the defendant FEC pleaded that we were creating an undue burden in interstate commerce and by virtue of our zoning ordinance , arbitrarily and unreasonably taking their property without due process of law, by the ordinance in violation of the constitution of the United States, therefore the federal issue was created so that specific issue is before the courts at this time. Now, then, the zoning issue is clearly before the court, all of these items which you have mentioned will be brought out, the fact that there was an agreement entered without regard to the zoning ordinance and all of that will be heard in this law suit. Now, we join TMT as a defendant because they are leasee a necessary party to the cause. That of course generated this appearance by Mr. Carter before the commission. That is where we are now. Rev. Gibson: Mr. Lloyd are we before the court? I want a yes, no answer. I am not a lawyer, are we before the court on the issue of zoning or are we before the court on the issue of zoning by inference? Mr. Lloyd: On the exact issue of zoning, not by inference. Rev. Gibson: I want for the record, for everybody to understand, that when we get a decision from the court, Theodore Gibson will be looking for an answer, specifically, on the issue of zoning. Mr. Lloyd: Let me explain that, ---that is the exact issue we .have pleaded in court, No. 1 that this property is zoned for a particular use 1i2, that the FEC was grandfathered into this use on only the property which wa' not filled giving them a 5 year period to continue, 113, that they have illegally expaneded that use onto the filled property, 114 that the mere fact that the FEC was permitted by the court our strenuous objections to fill the property, does not give them the right to proceed in violation of our zoning code. That is the exact issue before the court. Rev. Gibson: Let me raise it another way. 1 want to make sure everybody understandH where is coming from. I heard you talking here this morning, I am hard of hearing sometimes, l heard you say this morning that when the judge ,--when Judge Mertens made his decision,--- Mr. Lloyd: I can cut through that right away, Father, Rev. Gibson: Well, hurry up and cut then, Mr. Lloyd: Don't confuse two entirely different lawsuits with two entirely different parties. The case that was before Judge Mertens was a private lawsuit between the FEC and TMT trailers, The City of Miami had no part in that. Now, our action at law is the City of Miami vs. FirC and TMT trailer. Rev. Gibson; Mr. Lloyd let me raise my concern in another way, hopefully Chat tomorrow or the next day I would never have to raise it this way. It seems to me, that we could have avoided some of the problems we now face if when that private lawsuit went: on, this city of Mimi had intervened and raised the question of toning which was MA raised, Mr, Lloyd: No, beeauee toting was never an issue before the federal court in private ease between the TNT trailers and the 1jyc and that would be a collateral issue which we would have not right to intervene, it was never raised in that suit, Mayor Perre We are going over this thing over attd over again, so -ewe have been through this before attd I am tot a lawyer Mt. Lloyd but l agree with lather Gibson and Rose Gordon that we should have asked the court to let us listen and be a party to all of that, because we would have been inside when this was going on, rather than reading about it in the newspapers after it was all done after it was all done, but we are not going to solve anything by going over past history, l think whas we have to do now is worry about our posture at this point and I understood Mr, Lloyd very clearly, as I understand it, we are pursuing this now in federal court, so are there any other questions before this cotimission7 Mrs. Gordon: I'd like to make a comment to Mr, Carter so he won't feel that we just het him up here then shoot him down, but I suggest he go over to Dodge l.slend and make some arrangements as quick as he can so you get HOW! space. I am not being facetious , but practical. Mr. Plummer: Mr Lloyd why don't you have them in county court? Mr. Lloyd: Because of my suggestions to the City Commission that,-- can also bring them into the county court on the basis of a violation of the zoning ordinance but I feel we are better off doing it in this injunction if you want me to, Mrs. Cordon: Can you do both? Mr. Lloyd: We could do both. Mrs. Cordon: --can you also include in that there is no use permit for the, -- Mr. Lloyd: I suggest we don't for this reason, that the very reason for the injunction is, and it is a specific element, that we have no plain and adequate remedy at law and our contention is, that bringing them in day after day won't stop them, that is why we don't have an adequate remedy at law, in the county court. Mr. Plummer: Don't you also make it a little more expensive for them to operate. Mayor Ferre: But that is not our point, our point is to stop them, not to make it expensive. Mr, Plummer: That gets back to the point I have been trying to make s, our zoning laws are not enforceable. They are there. Mayor Ferre: I know J.L. but the problem is we have forever had this problem with the courts where they keep zoning city of Miami property in effect. Mr. Plummer: Mr. Mayor if we make a law nadsomebody 'violates it, and we can't do anything about it which is theobvious case, then our laws have nu teeth in them, they are unenforceable, they are not worth a tinker's bahoot-. Why make laws? Mayor Ferre: There are lots of laws that fall in that category where -- when government tries to enforce them, the individual or corporation goes to court and finds a way out of it, I agree with you, I am just as upset about it ae everybody else, and I am not alone, I think everybody in the country feels that;wny, but here we are and the point is, at this stage of the game we have to, unleas somebody comes up with a better idea, we have to follow our legal department's advice and Mr. Lloyd, your advice as I understand it, is that we pursue this matter the way we are doing it, with an injunction, Do you want us to do anything else? Mr. Lloyd: No, sir, Mayor Ferre; I happen to agree with Rose Gordon and J,L, Plummer and everybody bete,$.pethaps to ought to do something about this operatic ai litehRet Ik,w can they operate without at operational ikense? Mt. P lutttmet t Mayor Petrel Mr. Plummer: Mayor Ferre: Mt-, l toyd t 1 Mayer Ferre: property that was Mr. Plummer: property, it goes Mayor Ferre: You Mean an occupational license: 1 mean an occupational license, He got it, that is They have an occupational litettse? not we can force them to get one, How do they have an occupational license vacant before, it was water? An occupational does not go specifically to the type of operation of busineess. I have no further questions. Mr. Plummer: Mr. Carter to your knowledge at any time trailers carry explosives? Mr, Carter: No we don't carry explosives. Mr. Plummer: None ,whatsoever? Mr. Garter: None,- Mayor Ferre: Thank you very much Mr. Carter. on a piece of to a piece of do any of those Mr. Plummer: Let the record reflect that no action was taken by this commission on this particular item, No. 8, and remains the same status as previous. JUN 5 1975 MARINE SERVICING SERVICING FACILITIES AT DINNER KEY BRIEF DISCUSSION Mr. Andrews: Mr. Mayor and memhern of the Commission, at the direction of the commission l have had, and this occured at the last commission meeting, have had several meetings with the Merrill Stevens representatives and the Grove Key Marina representative, in an effort to follow the commission's direction in the hope that some method of. operating on the property could be found whereby both parties could render the service that we are looking through through agreements that would be developed. There are of course, aH 14 obvious, some serious concerns on both parties, I am hopeful that there still maybe at this late state a method whereby that can be achieved. I will be reporting once again to the city commission when we have our meeting on the 12th of June in that I have scheduled individual meetings now with the Merrill Stevens and with Grove Key Marina because we are not really making the kind of headway that I hoped we would have made in the joint meetings. And incidently I have invited Paul Andre who as an independent individual represent int the Marine Council to sit in on these meetings to seek his advice and to act as a neutral party in advising the city as to the best possible course of action. The Grove Key Marina through Mr. Meredith asked me to ask the commission that they have the privilege of making a presentation to the`commisison for the development of a master plan for the servicing facilities and that such plan be presented at the last meeting in July. It is my belief that before you entertain such a request, that on June 12'I will be making positive recommendations to the commission as to the procedures that should be followed in this matter, because here we have one concession that has, or one lease, --that has two yearH to run another lease that has 9 years to run that is under contest try the city, that that lease should be put on a 6 month notice and be permitted to operate on a month to month basis until the city can. receive proposals for t he development of the Master Plan, And incidently Mr. Mayor, that my in the long run, if we can't get agreement, maybe the viable position that we must take and the city then would have to face the fact that we get public proposals JUG! .51975 and develop that property that can be developed in the shortest possible tine and Aunt wait the ,9 years tot the balance. t want the privelege of having additional time with bath of these pnrtiet to tty to resoive this, l will come back to th trntnmit;aion oh the 12th and advise you ag to procedures and theft the comMisaien tali mkt' a determination. Mayor Petre: Io the interest of tithe, 1 think we should do exactly that and t might say 1 concur with manager's philosophy on this thing, and as i see it ladies and gentlemen, we have one of three choices, WO, 1. and that would be try hope that these two partiea would get together and jointly come to some kind of agreement that would be acceptable to everybody; if that is not potyxibie then 1 at afraid what we are left with is that we have to pursue this legal course that we are underway, and if we win we have established that premise, and if we lose we are going to have to be stuck With that particular lease for those particular 9 years and that is the end of it, then we will then proceed in developing the rest of it and completely circumvent this lease. I don't see any other choice, but to proceed that way, but I think we should permit the manager until another week, the 12th of June it the hopes that something can he finalized. Mrs. Alexander? Mrs, Selma Alexander: 1 am Selma Alexander, 2323 S. Miami Avenue, Mr. Mayor and members of the commission and Mr. Andrews, I have a question I would like to direct to the Commission at this time. The question came up of another master plan for the Dinner Key area Mr. Andrews: No, if1 said master plan I mis-spoke myself. This is a plan for implementing the master plan for one unit of the total plan. Mrs. Alexander: In other words we are talking now of the Master Plan which was presented to this commission in July of 1972 and accepted and adopted the loth or llth of September 1972 in which this commission paid in the sum'of_between 60 and 65 thousand dollars,' in other words, this is an attempt to implement this plan, a portion of this plan. Mrs. Gordon: Mr. Andrews you were speaking of a similar situation we faced on the old port site and we didn't have the FEC to implement the whole thing so we did part. Mrs.; Alexander: It is a question of information, because I didn't want to Kee another plan gathering dust Mayor Ferre: So,that we don't end up having any 'but you said' type of thing, but let me say, I want to stress my opinion,. these master plans are &enernl In nature, when you get down to the nitty-gritty, whether for example you put a bike rental shop here or not have a bike rental shop, or have a facility 100 It. over or 500 ft, back or a restaurant in one corner or no restaurant, is the detail that we have to grapple with as we get on to the implementation, and I think the overriding philosophy as I -see it anyway, and I think this has been n deficiency of local government throughout the United States, is the lack of the relationship between the private and public sector, because if you go to Tivoli Gardens, Tivoli Gardens is a government park that is run by little private individuals who have a little restaurant or a little this or that, that is what., adds charm to it. Now, I don't think this government or the taxpayers of this community have enough money to implement all the things and all the dreams we want to do, so my philosophy is, that if we can get the private sector or various private sectors to come in and say I'd like to put up a little restaurant here, or I'd like to do, the times the city of Miami has done that has worked out very well, and I want to, point outspecifically the Rusty Pelican which by the way 1 want to talk to you about because I can never get into the place, and as I remember,---,.1 get burned up, that place is so full and they won't take reser- v,i t i anp and It is unbelieveable. Mr, Andrews; That is the best operating restaurant out of 28 facilities that they manage around the country. Mayor Ferre; The point I am trying to make is that is ,a case in point where we have taken public property and made a deal with the private sector which 14 r( hearit in my opinion. NO 1 to the general community, and specifically we are making money on it, and it is serving the general public, whenever they can get lb. Mts. Alexander: 1. was just asking for information. Mr. Plummer Selma let's don't have any mistonteptiont , because if 1 remember correctly, the plan of trussed Melton WAS never adopted eirett Ih the intent of this commission, because unfortunately Mr. Melton seemed to forget about things called dollar for improvements. unfortunately, to make acquisitions of land that 4 million dollars raaa shoat tompletely eaten up which theatta we now have a plan put forth by Mr. Melton of roughly 12 to 15 million dollars to implement with no tnnney. Mayor 1erre:And that is on the low side. Mrs. Alexander: I am quibbling about that, f just wanted to know because this matter antedated the establishment of a Planning Advisory Board which has addressed itself to Coconut Grove and this is part of Coconut Grove. Somehow or other 1. think it would be very interesting if we could be of any help in this area. Mayor i'erre: You can, and you have been, and you will be, and Selma this will come up Again in a week. Mrs. Gordon: Can 1 deliver a message through Selma to the Planning Board? 1 received very high compliments for. the PLanning Board in the way they have acted at recent hearings from the public. I think it ought to be stated now and through you, address the group and this commission ought to recognize it. Mnyor Ferre: 1 second that. We will discuss this again in a week. JUN 5 - 1975 PERSONAL YIANNIS B. ANTONIADIS APPEARANCE EXTENSION OF FOUNDATION INTO PUBLIC ALLEY Mayor Ferre:Let's take up Item # 10 Mr. Yiannis Antoniadis on the question of extension of the foundation of proposed construction which encroaches 3' 5" into the public alley. Mr. Antoniadis: Mr. Mayor and members of the commission, first I would like to make a presentation of what this envolves, and what I am really requesting. Mayor Ferre: We have sketches, if you will look in your commission packet under Item 10,- Mr. Antoniadis: I have also prepared a presentation where you can see exactly what is involved. May I project these? Mayor Ferre: Sure if it works. Mr. Plummer: To cut through all of,this I thought the Mayor made it very simple for you. You are asking of the city something,' what are you going to give us? Mr. Antoniadis: Mr. Vice -Mayor what I have to offer to the City is a commodity that is scarce, that is food -for -the soul_ and food for the spirit, beauty, this is how my building came about. Mr, Plummer: But that is for your. benefit, Mr. Antoniadis: No, this is also for the public benefit, for the benefit of everyone who is looking at something. As you opposed vehemently a while ago to the trailera,--- Mayor Ferre; That is again one of these questions as to how high is high, I happen to agree that you as a very capable architect would add beauty, but that is not involved here. Mr, Antoniadis; I have no tangible assets to offer to the City, if it dollars and tents I would like to know what the City wouic dike for the to contribute, Mr. Andrews: Mr, Mayor, tan 1 interrupt you please, 2 think if there is any consideration to be granted here that you ought to ask this gentleman, they are architects and engineers, to go back and spend that money tot in a way that the City would benefit frotn dollars, but spend the money in redesigttittg these footings so they are back oft the property. That tan be done and we won't have any problems. It is not built, not cottstrutted, it means a redesign of what they have. Mayor Ferret 5o this hasn't beet dote yet? So why don't you redesign your footings, and not get involved in encroaching on public property. Mr. Antoniadis: I have Mr. Mayor and it is possible to do so, however it crentca n strenuous situation on the foundations,and this is why I can to request this. Mayor Ferret ?iannis, we have been through this before, and my position is very simply this, 1 have never been stubborn, the years I have on this commission, 1 think everybody here is in the same boat, if you want us to do something for you, which is, you are encroaching on public domain, then you tell me what you are going to do for us besides putting upa pretty building, and if it is something that the convince the majority of this commission, then we will go with you but right now just to cone here and tell us you want to encroach on public right of way by 2 1/2 ft.----frankly thnt leaves me cold. Mr. Antoniadis:_1 have nothing to bargain with. Mnyor Terre: if every citizen in this town would come in and say look, we'wccnt to encroach 3 ft. on public right-of-way, then we would have problems. If you convince me or this commission why we should encroach on public right-of-way,' what are you going to do for us, the people of this community. Mr. Antoniadis: Nothing more than what I have offered. Mayor Ferre My advice is to go back and redesign your foundations. or come back and tells us you are going to be involved in something that is going to benefit this community, it is not a question of dollars and cents, it in a question of philosophy. Mr. Antoniadis: Thank you Mr. Mayor. Jt1N 5 - 1975 ARMY B I CENTENN I ILL MONTH Mayor Ferre: General Waldron, if you will step forward, Commanding General of the 31St Air Defense Artillery Brigade , we are happy to have you here, you and your people. We are going to take this out of the regular ngenda because we recognize you have to get back so I am happy to read this prciclnmution. "Whereas on June 14, the first American army was rasied in defense of American liberty in June 14, 1775, Whereas these early citizen -soldiers were faced with the formidable task of defeating seasoned British regulars and Whereas despite untold hardships this first American army succeeded in forcing the British to surrender at Yorktown, Virginia on 0ctober 19, 1781, Whereas the dedicated men and women of the United States Army have on numerous occasions during the past 200 years defended our liberty and freedom as well as preserving and protecting our U.S, constitution, Now, therefore, 1, Maurice Ferre as Mayor of ` the City of Miami hereby proclaim the month' of June, 1975 as the Army Bicentennial Month and in observance thereof 1 urge all residents of Miami to join with me in urging qualified young men and women between the ages of 17 and 34 to note the many advantages offered by today's United States Army and consider these carefully when weighing the important decision as to future careers" General, we are happy to welcome you here and participate in this, aa JUN 51975 General Wnldr5pt `tank you very triuth.4 till at+tept that Oft behalf of the Army, We have had a glorious 200 years in the past and look forward for another 200 glorious years, Mayor Ferretteteral lif you 11. PERSONAL APPEARANO l step Forward so the tan have pittures made, JUN - 'I !b JOIN M. PALMER I I I a YOUTH ACT1VtTtES WAIVE RENTAL FEE I3AYFRONT PARK AUDITORIUM ROVi 13TH - 1.4tLLI AMSDURG DINNER The following motion was introduced by Commissioner Gibson who moved its adoption: MoTIoN NO. 75-521 A MOTION EXPRESSING THE INTENT OF THE COMMISSION TO WAIVE THE RENTAL FEE FOR BAYFRONT PARK AUDITORIUM ON NOVEMBER 13,1975 FOR "WILLIAMSBURG DINNER" TO BE SPONSORED BY THE EPISCOPAL DIOCESE OF SOUTH FLORIDA 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. JUN5-1975 12, WAIVE RENTAL FEE BAYFRONT YOUTH HONOR DAY COMMITTEE PARK AUDITORIUM The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 75-522 A MOTION OF INTENT TO WAIVE RENTAL FEE FOR USE OF THE BAYFRONT PARK AUDITORIUM ON JUNE 5, 1975 BY THE YOUTH HONOR" DAY COMMITTEE 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, WAIVE RENTAL FEE 13 BAYFRONT PARK AUDTARUM ANNUAL POLICEMAN'S BALL 34 JUN 5 - 1975 MF MW - t- The it lltiiaing thotinn AS inttoduced by Cofittaissitinet Gibsot► who moved its adopttntt MOTION NO, 15 523 A MOTION OF INTENT TO WAIVE RENTAL PEE Ott USE OF BAYFRONT PARK AUDITORIUM ON JULY 19, 1975 POR THE MtAM1 COMMUNITY POLICE BENEVOLENT ASSOCIATION'S ANNUAL POLICEMEN'S BALL Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the follotaing vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None, 14. FORMAL APPOINTING 15 PERSONS TO WORLD AMATUER BASEBALL RESOLUTION FEDERATION The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 75-524 A MOTION OF INTENT TO APPOINT MEMBERS TO THE WORLD AMATUER BASEBALL FEDERATION (SEE RESOLUTION 75-551) 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. Terre NOES: None. 15. PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION Proclamations, plaques, and certificates of appreciation were presented to Radio Stations WQBA and WFAB Knights of Columbus, Juan Carlos Condesse, Ricardo Rivero, David Class, 35 JUN '51975 JUN I b SI6NAfl SIT fN ARMED Mtn BICENTENNIAL CARAVAN EXHIBIT al.D, DINNER KEY AREA LARLY 1 Ms. Eottttie Black: Mr. Mayor and hotorab1 court t ioner, sty tune is tonnl e t ack rcprenanting tpecia]eVerita panel of 3rd Century U.S.A. and what 1 at here this tnornittg to ask whether the Armed Porten Bicentennial Caravan which .a cmmgng In Jattuary 31, 1Fehruary 1,2, 1916, t at requesting whether the Armed Porten Bicentennial Caravan project which is a gift tb the cititena of the United States by the Department of Ueferae, bringing their exhibit to he displayed at the Dinner Key site Saturday Jatetuary 11, reb. 1 and 2, 1916, -- - -thc pictures the Mayor has shows you the site of the vans we are talking about, four 55 ft. vans to make up a major exibit by the Armed yorces. tf you have any questions, there are some materials it your packet. Mayor i:erre: I have several people here I would like to vounteer for the U.S. Army. Mn. Black: One thing you should know, this is not a recruiting effort and it Is free. Mayor Ferre: What do you want from US Bonnie? Mn. Back: Permission to obtain the site for the exhibit. Mayor Ferre: Mr. Manager? Mr. Andrews: Mr. Mayorand members of the Commission, the Commission is always agreeable to these things. I see no reason why you wouldn't do so. May I suggest this.You have appointed a Bicentennial Committee for the City they are coordinating all these events, and I think you ought to have the presentation made there and a recommendation made from them to you, so all of this is coordinanted and unless there is some reason the site is already occupied on certain dates,' think if I can speak for the commission Mr. Mayor,yes,--- Mayor Ferre: This has been presented to the Bicentennial Committee of City of Miami and they have approved this project. Ms. Black: Yes, it was presented and approved, there is the chairman of the project and we have checked with the Dinner Key Association to see if the site is available and it is. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 75-525 A MOTION DESIGNATING A SITE AT THE DINNER KEY PROPERTIES FOR THE ARMED FORCES BICENTENNIAL CARAVAN EXHIBIT ON JANUARY 31st FEBRUARY 1st AND FEBRUARY 2,1976, SUBJECT TO APPROVAL OF DATES AND LOCATION BY THE CITY MANAGER Upon being seconded by Commissioner Gordon, the motion was passed and adopted. by -the following vote; AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L, Plummer Mayor Maurice A, Ferre NOES; None, 36 JUN NIfb TROOP 547 130Y SCOUTS -TROOP 222 # GIRL SCOUTS EXPRESS APPROVAL TO MtLEPOsT MARKERS -MOUTH OP M1A It RIVER TO METRO TRAPPIC AND DRICKELL AREA -COCONUT GROVE TO CUTLER ROAD TRANSPORTATION DEFT 1'01CUT! FR TP t1 tt Mayer Ferret We have Mt. Michel tJustij, go ahea'1, '4r, Michel JUsti i representing Boy Wilts: We have come here from Troup 347 sad Girl Stouts `troop 222 to request permissiot of the City Commission to place 12 mile markets at one mile intervals from the ;south of the Miami River through the Rrickell area, through Coconut Grove and on to old Cutler until Red Road fo"r this old Cutler Hisotital Trail which is pending approval of the National goy Stouts. Mrs, Gordon: I am in favor of it, and t'd like to trove it. Mr, Plummer: I at in favor of it but I think they had better* coordinante it through the people who are charged with the responsibility, my motion is we favor such a thing and send that on to Metro Traffic and Transportation who is charged with the responsibility of erecting the signs. The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 75-526 A MOTION EXPRESSING TO THE METROPOLITAN DADE COUNTY DEPARTMENT OF TRAFFIC AND TRANSPORTATION APPROVAL OF A REQUEST BY TROOP 347 BOY SCOUTS AND TROOP 222, GIRL SCOUTS FOR MILEPOST MARKERS FROM THE MOUTH OF THE MIAMI RIVER THROUGH THE"BRICKELL AREA, THROUGH COCONUT GROVE AND ON TO OLD CUTLER ROAD AS "OLD CUTLER TRAIL" Upon being seconded by Commissioner Plummer, the motion was passed nrd 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: For the record I think it should state that Don Gruhpr did appear here and voiced his approval of such a project and we all have such ; letter, so I think it should be on the record. DIRECT CITY ATTORNEY 18, TO PREPARE NECESSARY LEGISLATION TO AMEND ORDINANCE 8038 To. OF ASSISTANT CITY CLERK ASSISTANT EXEC,SECTY A$S1S.TANT E,XE.C. u.CTX: Mayor Ferre: We will now take up item #11, which is a mr►tter Asst. Cicy Clerk, Mrs. Gordon; I'd like to move applicable in that , because it is would be Mr. Davis who is with the Mayor Ferre: There is a motion further discussion? JUN 5-1975 INCLUDE POSITIONS CIVIL SERV,BOARD FQRMER F'LAN,BD, of the that, there is one part that is not already under that 8038, and that Planning Hearings. by Mrs. Gordon, seconded by Father Gibson, Mr, Simpson: Vr. Mayor I'd like to, based vpon Mrs, Cordon's comment, Mr, fl vf3 has only been under the ordinance since January of 1974, He acted OH Assi:itant Executive Secretary I Chin% for i period of a year and half prior to that time: JUN MrH. Nordon; ' het'e is gap thers? Mr_. Simpson: There was a gap it betwe.tt, and I am not voicing an opittior itt tnvrir of opposed to this, but I did want to call your attention to that. Mrs. Gordon; t thought he waa already coverel, hot knowing there was a ;Kepi Mr. S ittipaot No, ma'am he was not. Mta. cordon Then we will pick up the gap. Mr. Lloyd: Mr. Mayor this ahould be a motion to direct the City to prepare the necessary ordinance. Mayor Jerre: Iunderstand. Any further discussion. Mr. Andrews' I have only one comment to make, I recognize the commission ham received the memorandum t transmitted and that ia, I don't agree but some or the Htaff of the city which I must pay attention to their advices, indicate we must look to the agreement we signed with the employee organization as to additional pension emoluments distributed to employees, and I give you that an a caution, and I'll look into it after you,-- Mrs Gordon I want to speak to that too because I don't want anybody to misinterpret what we are doing and what we are doing is correcting an inequity that took place, the reason being that these three positions are the only ones, and not all of those you had on your memorandum, that are applicable. The reason is, that these persons are filling a specific position as assist to 'department head or assistant to department director, and especially for that reason, we are moving this amendment to the ordinance. Rev. Gibson: Mr.Andrews, what happens to Mrs. Gordon: That is a different thing. RI.v.Gibson: If I remember correctly, they go up and down. Mr. Plummer: It doesn't apply to majors. a man who is a major. Attorney Mrs. Gordon:_ There is another matter that should go on the record. Thcsc positions we just discussed, are not under civil service. The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 75-527 A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PREPARE PROPER LEGISLATION TO AMEND ORDINANCE NO. 8038 TO INCLUDE, THE POSITION OF ASSITANT CITY CLERK, ASSISTANT EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD AND ASSISTANT EXECUTIVE SECRETARY OF THE FORMER CITY OF MIAMI PLANNING PLANNING BOARD IN THE LIST OF THOSE EMPLOYEES WHICH WILL RECEIVE ADDITIONAL PENSION BENEFITS OF ONE PER CENT, OF AVERAGE FINAL COMPENSATION FOR EACH YEAR OF SERVICE IN SUCH CAPACITY UP TO A MAXIMUM OF TEN YEARS Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote; ME mm J UN 51975I AykSI Noi S taunt. Cottniaait.fiet MattOlo Sebota Corntisait ner 'Rose Cordntt Commiasititter (tv.) Theodore 'Gibson Vice Mayor J. t. Plumwer Mayor Mauriee A. Perre 19, ORANGE BOWL SCOREBOARD STATUS REPORT Mr. Andrew: Mr. Mayor and members of the commission, we are Moving 1'f �itf Airing tti t'1 the C`tar.ge no171 scoreboard, I lied hoped we would have the Agre.r_ment ready to present to the cotnminsion today, we do not, it will be on the agenda for June 12, the Stewart Warner has without the benefit of n nigned agreement several weeks ago gone ahead and started processing the board eo we have tot host any time, it is a question of getting the details of the agreement settled. Secondely, I want an opportunity this corning week to meet with the users, particularly the Dolphins because the installation of that scoreboard does affect that east stand, they are aware that it was, but I want to show their the magnitude, J UN 5 - 1975 20, CHANGE DATES fE CITY COMMISSION MEETINGS - JULY 1975 Mr. Plummer: Mr. Mayor, Rose, would anyone have any objections to changing the dates in July from the 10 and 24th to 17th and 31st? Rose thin could be to your benefit. What 1 am looking and I'll be truthful, if we go to Bogota as planned, if you don't want to have to be put under a gun to come right back, you could take an additional week by changing the dates of the July commission meetings to the 17th and 31st. Mayor Ferre: Mr. Plummer: That is a 4 week Mrs. Gordon: There is another it will, but there maybe emergency before August. Mr. Plummer: Can we week, that we will have I think that if you want of August carrying that advantage, no let's'chec problem that might arise. I don't know if things coming up that have to be done look at it in the text that we will answer it next a week to look into it. Paul do you see any big conflict? to speak positively, where we do not meet in the month last meeting in July as late as possible would be an k our schedules for possible change at next meeting. Mayor Ferre: l have no objections to the change. Mr. Plummer:- Then tentatively, subject to change, set them for the 17th and 31st,--if anyone has objections, then we can discuss it at the next meeting. JLIJ-Ii/D 21, AMEND ORD,6871 C-1 DISTRICTS AN ORDINANCE ENTITLED - "ADULT BOOKSTORES" PROVIDING ONLY BOOK STORES OPEN TO THE GENERAL PUBLIC ARE ALLOWED IN C-1 DSTRl,CTS" AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE XII,-LOCAL COM- MERCIAL , C-1 DISTRICT, SECTION 1, BY DELETING SUBPARAGRAPH H (2) TN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW SUB PARAGRAPH (2), (PROVIDfNG THAT ONLY BOOK STORES OPEN TO THE GENERAL PUBLIC ARE PERMITTED IN SAID DISTRICT); REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION MM 3 JUN 5 1975 f'nased on its first reading by titre at the meeting of May, 8,1975was taken up for its second and final reading by title and adoptions n motion of Commissioner Gordon, seconded by Connisaioner Gibson, the Ordinance was thereupon given its second and final reading by title and pasted and adopted by the following Vote 3 AYES: Commissioner M bolo Reboso Commissioner Rose Cordon Commissioner (Rev.) Theodore Gibbon Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO.8408 The City Attorney read the ordinance into the public record and announced that copies were available to themembersof the City Commission and to the public. JUN 5 1975 AMD.ORD,6871 22, PROVIDE DEFINITION OF "ADULT BOOKSTORES" AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE II, (DEFINITION), SECTION 2, BY ADDING A NEW PARAGRAPH (la), (PROVIDING A DEFINITION FOR ADULT BOOK STORES), REPEALING ALL ORDINANCES, CODE SECTIONS. OR PARTS. THEREOF'IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Was introduced by Commissioner Gordon 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 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. Gibson Mr. Lloyd: I make this suggestion Mr. Mayor with your permission, there is a late case out of Key West it says where you change the substantive wording of an ordinance by an amendment to make something different, you must have two readings so I suggest instead of the second reading inasmuch as there has been a substantial amendment to the definition we make this the first reading. Mr. Clerk you will readvertise this ordinance, and let the record reflect that this ordinance and the preceding one the commissioners all have copies of these and copies are available to the public. 22-A CHANGING COMMISSION MEETING DATES JULY 17 and 31,1975; The following motion was introduced by Mr. Plummer who moved its adoption; MOTION NO. 75-528 A MOTION DECLARING THE INTENTION OF THE COMMISSION TO CHANGE THE DATES OF TJ-U REGULAR CITY COMMISSION MEETINGS IN JULY FROM JULY 10th AND 24TH TO JULY 17THi AND 31ST elk) JI1N - 51975 _� 3 I.i ,r,tl tl;li tyl seconded by Rev, Gibson the motion Baas passed and a'1 Ut1,1fl r'itlou ; vote'. or 'LhU Commission. IIE'_� ;PPPE��) PNIT1CIP•11TIfM IN i3fX1 G PI flG M 11:,�:tILAt�Lou s1 ;r9 C --�� 114AAC.ER TO DEV. PISITION Pf pPLA A 23i 1'tSCU stoN �,E i1J(, I '� xtE t TEIV; ; Os TON, A L; ON OLD UUPCir+. ACr1.U�,5 titO� Mr. Plulnmr r: Mt. Mayor I would like for you and the rest of t.hu Comrni.se l on to know that the Miami. Daily News is now actively participating :in the t3oxinq program. They are going to c;rrtl ' in L1,rough momis or exposure and adverti Sing into the program --they ore going to be helpful to the program and this was adopted by the eemmittee at the last meeting, r would ,,l:;o at this time, so it esn`t cote on us at budget time, an a surprise, we have read.he paper where a City person h; t:; made certain statements about the lighting program which we tiro very deeply in the city of miami. I would like to have a report back from i.;hf; commission or in front of this commission, in some way shape or form since there has been a tremendous; -amount of controverts about the lights being detrimental, the lights being this,good,bad, that. the manager develop a position paper of its entirety so this commission can be fully aware of what we are doing when we either exp;lncl, continue or decrease that program. 7Liyor Perre: The point being that there is testimoney that eerels Lo iwve come out of New York and other areas that people ,rr.c' claiming as conclusive that it will absolutely kill vegetation after a car.tei.n period of time, and I think we have to document all of that and find out if this :ls so or not. Mr. Plummer: rir.. Mayor I believe that we could get since G. N. le so deep into thin program, to invite G.E. to come in and participate Mr. Manager in arranging your position paper hc:c„uee 7" em sure with the tremendous amount of involvement they have in that kind of program, that they are seriously looking aL these questions that are being raised, and before this conrni.ssi_on acts at budget time in way or another, I think something should be established of which way we can go. The final thing, I am going to remind you Mr. Manager, ` that eome 2 monLh'; ago 1 asked for a position paper to be developed can the old church at Dixie Highway and 22nd Avenue, I was promised two wcekn, and then two weeks I still don't have it. Mr. Andrews: I'll get it to you as quickly as I can. AUTH IOR IZE CITY MANAGER 2' , ro BEGIN CO STRUCTION IMMEDIATELY MINI -PARK S. W 22 AVENUE NORTH OF TIGERTAIL AVENUE Mr.: (lorcion: r would like at this moment to ask you whether or not. you have proceeded to complete the little park on 22nd /7f•1111e . Wir;tL has; happened there? Mr. ,•.net rc::.n; : From my recollection Mr. Iloward and Mr. Acton had t, L.:tnnc'd to moot with those people once again. There was some elements ref: LIL L plan that needed resolving. Mr: . Gordon tio, they don't, the reason is, they figure if there u re no rest:rooms , the use of the park will be of a more limited rt.tt ur,', Lh. L Lhe parents will take the child home and spend as much I . r hut. ,perr;on;ally feel it is a good idea not to put the .restroom it+ tr(. i,rrc:au:;e of the exprncli_ture. mr. !.nIr(.w;;: With the ccmtmis;i-n's i;lc!uter=1cc, because the c �}f:,trtlttl i Ly i :c NO d i vide c1, and sinc:t, it :i;.; public property, 1 wound i i;'' le thin suggestion, -- dot): you 'wi 11. 'lover c'oflv'c rt ev r tlottuY s ,i : tl ;; 1 ir. 11, yr,tnr tin I. wc,ui a like to c o it With rani +' i t y forces cont rttctor ti, r tnooOssory t but t think :ii t.h i t t .ifld bcct to convr'1-Lin9 what we have into i parr°fit addi.ny tlue,e elements that arc generally acceptable to a park and then when we l,.nVe 'those tn place so It: in useable then make a determination where you wantto go from there, and I think you will be satisfying both sides, -- Mrs, Gordon: If you do it that way you ought to be saving some money. 1,1r. Andrews: Yeti, and we wouldn't go ahead with all the things that Were ahown on the plan but we would get the semblance of a park, the public could u:ac it and then we can make a determination of how far we want to go in one direction or the other, then- -- Mts. Gordon: Yeti can always add little by little, ---- Mayor Ferro: Very wise, Mr. Andrews: Otherwise it is going to set there without Mrs. Gordon: I think that is a reasonable way to start, I'll move you commence improvements in the park with our own forces, okay, --- Mr. Andrew3: Our Kennedy Park was started on that basis, we had to come ;,longlater and add some contract work, but basically that turned out to he ., very nice area, Mrs. Gordon: I want to ask you to look into a little more trees in Kennedy Park, a .11.ttle more shade along the banks would be very helpful, because the benches are exposed to the hot sun. People can't really enjoy it. Mr . Plummer: I have some royal poincianas left over if you would like them. Mru. Gordon: I need a couple. Mr. Plummer: You've got .them, ---- The following motion was introduced by Commissioner Gordon who moved its adoption: MOTION NO. 75-529 A MOTION AUTHORIZING AND I)IRECTI.NG THE CITY MANAGER TO BEGIN CONSTRUCTION OF A. MINT -PARK AT SW 22ND AVENUE IMMEDIATELY NORTH OF TIGERTAIL AVENUE, SAID IMPROVEMENTS 7'O BE ACCOMPLISHED WITH CITY FORCES AND WITHOUT THE EXPENDITURE OF ANY ADDI'xIONAL FUNDS Upon being seconded :by Commissioner Plummer, the motion was passed ;Ind adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mrtyor J, L. Plummer Mayor Maurice A, Vcrrc NoEs : None. 42 JUNsr 5 1975 JUN 5 1975 25. RECO N1 E. EFFORTS OE CITY MANAGER IN CURB NT FINANCIAL CONDITION or THE CITY OF MIAMI Mr Ptummett Mr. Mayor- t want to bring out one thing, arid I wart Paul to heat this, Mr. Mayor not that we or not tha; t entirely, maybe t should speak an one,- » not that I entirely concur or aeoept everything 100%, but t want to recognize that the Manager has recognized the serious financial condtiori of thin city, 1 want to trotttplitnettt hitn on the ititial steps that he has takers and make sure that this city is kept it a fluid position, and kept operating it the black, that t,watt to compliment him on the fact that he hag clone something. Mayor Ferret We are going to get :into that a little later, but will take Borne time so let's get back to the regular schedule. I think we should go through the agenda quickly. 26, ACCEPT COMPLETED 0RK DRAINAGE PROJECT A-4 JUN b ' 1975 The following resolution was introduced by Commissioner Plummer moved its adoption: RESOLUTION NO. 75--530 who A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FLORIDA CONCRETE CONTRACTORS AT A TOTAL COST OF $24,526.25 AND AUTHORIZING A FINAL PAYMENT OF $2,452.63 FOR DRAINAGE PROJECT A-4. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, 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. resolution was NOES: None. JUN 5-1975 27, ACCEPT COMPLETED MU►JICIPAL JUSTICE BUILDING COMPUTER ROOM IMPROVEMENTS WOR K The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-531 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FOSTER ELECTRIC COMPANY, INC. AT A TOTAL COST OF $9,433.40; ANI) AUTHORIZING A FINAL PAYMENT OF $943.34 FOR THE MUNICIPAL JUSTICE BUILDING COMPUTER ROOM IMPROVEMENTS (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 Mayor Maurice A. Fevre. NOES: None, w 42 28. it 8i6 JUN 5 -1 CONSTRUCTION OF STORM SEWER NORTH tAVSHt RE DRIVE AND N. E. 1?` I1H TERRACE The following resolution yes introduced by Coftmis loner Gordon, who moved its adoption: RESOLUTION NO, 75.-532 A RESOLUTION ALLOCATING S45,019. 1N FUNDS PROM THE STORM .SEWER GENERAL OBLIGATION BOND ISSUE TO PAY FOR THE CONSTRUCTION OP A STORM SEWER IN THE AREA OP N. BAYSHORE DRIVE AND N.E. 17TH TERRACE, ALSO KNOWN AS STATE PROJECT 87030-1512 (Here follows body of resolution, omitted here and on file it the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None AUTHORIZE CITY MGR, EXECUTE $ DELIVER JUN 5-1975 QUIT CLAIM DEED STRIP OF LAND DESIGNATED AS S,W, 6 TERRACE The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-533 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER QUIT CLAIM DEEDS FORMALLY RELEASING THE CITY OF MIAMI'S INTEREST IN AND TO THAT CERTAIN STRIP OF LAND FORMERLY DESIGNATED AS S.W. 6TH TERRACE, HERETOFORE ABANDONED BY THE CITY,` TO AND IN FAVOR OF THE ABUTTING: PROPERTY OWNERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. 30,' ACCEPT PLA1 PERELIS SUBDIVISION The following resolution was introduced by Commissioner Gibson, who moved Its adoption. NOES: None. JUN 5 - 1975 RESOLUTION NO. 75-534 A RESOLUTION ACCEPTING THE PLAT ENTITLED PERELTS SUBDIVISION A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT, MK Mi 44 JUUN"5197 N • mow (fete fo looa bully of resolution, omitted here and oti file in the Office_ of the City Clerk.) lipot; being seconded by t;oMmlasioner Plummer, the teso utiott Baas pressed nttd adopted by the following Vote AYES Commissioner Manolo Reboso Commissioner Rose Gordon Corlttissioner (Rev.) Theodore Gibson Vice Mayor J. L. Flutter Mayor Maurice A. Ferre, NOESt None. JUN5-l97S DIRECT CITY MANAGER DINNER KEY PIER 5 TENANTSLATE TO REQUIRE TENANTS RT : P ERIOID_ O 4 THRU OF PIER 5 DINNER KEY MARINA ULT15L IV7 FOR $ SHOW t' Ci The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-535 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO REQUIRE THAT THE TENANTS OF DINNER KEY MARINA PIER 5 VACATE THEIR BERTHS FOR THE PERIOD BEGINNING OCTOBER 23,1975 AND ENDING OCTOBER 31,1975, AND THAT THEIR DOCKAGE PAYMENTS BE WAIVED FOR THAT PERIOD OF TIME WITH NO LOSS OF DOCKAGE RIGHTS OR SENIORITY; AND FURTHER AUTHORIZING AND DIRECTING THE CITY, MANAGER TO CONTRACT WITH THE MIAMI DINNER KEY BOAT SHOW FOR THEIR USE OF PIER 5 FOR THE PERIOD OF TIME THAT IT WILL BE VACANT, FOR A FEE TO BE NEGOTIATED BETWEEN THE CITY MANAGER AND THE MIAMI DINNER KEY BOAT SHOW MANAGEMENT. (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 - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. ISSUE WASTE COLLECTION PERMIT B9'S TRASH SERVICE The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-536 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO BOB'S TRASH SERVICE (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 passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Vice Mayor J. L. Plummer Mayor Maurice A, Ferre, 1 APPOINT t1ELENE SThNKILWICZ TO CITY OP MIAMI 'COMMITTEE ON ZCOLOGX MID BLAOT1FItAT ON The following resolution was introduced by COMMiseit tier Oord6tt, Who its adoption: ktSGLUTION NO. 75-537 A RESOLUTION APPOINTING HELEN STANIttEWtC2 TO THE CITY OP M/AMl COMMITTEE ON ECOLOGY AND B1`.AUTtr' CAr'IGN (Here follows body of resolution, omitted here and in the Office of the City clerk.) t i f le 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 Mayor Maurice A. Ferre. NOES: None. 34, AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION JUIV 0" WuJ MINORITY 3USINESS ENTERPRISE PROGRAM FOR THE CITY OF MIAMI The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-538 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE OFFICE OF MINORITY BUSINESS ENTERPRISE, U.S. DEPARTMENT OF COMMERCE THAT WILL PROVIDE FOR A MINORITY BUSINESS ENTERPRISE PROGRAM FOR THE CITY OF MIAMI; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND TO EXECUTE THE NECESSARY CONTRACTS AND AGREMENTS TO IMPLEMENT THE PROGRAM UPON RECEIPT OF THE GRANT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the passed' and adopted by the folAowing vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: resolution was • 1 QUIT CLAI I DEED to Mayor Porte: Mr. Pluftdflett the Monty ih Mt. Andrews: Mr. 1luMmer: Tare tip 32. JUN - 1w/b 1I AMI D E WALK & SE t R AUTHORITY DIS US•SION ONLY Mt. Mayor, Pt hot going to vote for 32 beoause we tbh't have the property it hand. Yes we do: You haven't informed use Mr. Andrewg: Yeti 1 did, llemetnber when they were here 1 said it was just a question., Mr. Plummer: A1., right, we've got the property and we've got the money. Mayor Perrot No, we've got the money. Mr. Andrews We've got the money, they've got the property except t eliminated several parcels of property that will be treated separately because we've put certain restrictions .... Mr. Plummer: No. Part of this agreement was the acquisition of property down town for a convention facility. Mr. Andrews: No. This agreement, the resolution that you passed with the County Commission was but not in the body of this agreement. This has nothing to do... Mayor Fe rre: Plummer may have a point. Why wasn't it a part of the agreement if we voted for it? Mr. Andrews: It was never made part of the agreement... Mr. Plummer: It was subject to certain things, there were about 8 items. Mr. Andrews: And the County Commission adopted a resolution equal to the reso- lution that the City Commission adopted. Mr. Plummer: Yes, but Paul, just for example we got the 5.3 million dollars. Right? Mr. Andrews Right. Mr. Plummer: Now, if the end of the year we still don't -have the property and thn county styi, "well we can't do it" we've already deeded the property. Mr. Andrews: No, you're getting two things confused, Mr. Vice Mayor. The property we're talking about here are the various parcels of property that we're transferring to the Water and Sewer Authority. Mr. Plummer: You're talking about west of town? Mr. Andrews: No, west of town and we're talking about the Virginia Key site. This is the last formal action requested by one of the attorneys in this consortium ofpeople involved. Mr. Plummer: This has nothing to do with the expansion? Mr. Andrews: Of what? Mr. Plummer; Of the sewage plant. Mr. Plummer: No, I'm not agreeing to it. 5efore we take and give them a deed to that property I told you before I'm tired of hearing Metro say "thank you, we owe you." Now by God, if I'm not mistaken you pull it you will find that not only one of the considerations was 5,3 million dollars the other consider- ation is that the county would give us "X" number of square feet of, property in the downtown area in the Government Center for the purpose of building a convention facility. Mr. Andrews; They've done that through the joint resolution that they adopted, 47jUN '51975 Mr Plummet: Have we got it? Mr, Andrews We have it through the joint resblutioh,,, Mr. Plummer: Wave we got the title to the property? Mr, Andrews: Noy we don't have the title. Mr. Lloydt The resolution never provided, the agreement never provided for us to get title to the property, The resolution provided that they would provide us property and we would put a building on it, Mr. Plurnmert Do we have that in writing? Mr. Lloyd: Yes Mt. Andrews: Yes, and we have it in resolution by the county further stating that there is an option too that we can exercise that the Mayor had included when the motion was made here at the commission table that if suitable prop- erty was not located in the Government Center site it would be within (What did you say, Mr. Mayor, walking distance?). Mr. Plu ttmmer: You're not worried about it? Mr.. Andrews: Not at this point. I mean I have nothing to worry about. Mr. Plummer: Alright, so in other words within the next three or four months we're going to start talking and start selecting some engineers to build this facility. Mr. Andrews: Hopefully, yes. Mr. Plummer: I don't want to hear like the Old Port that they owne us $800,000. Mayor Ferrel Or like the Library Board. Mr. Plummer: When the hell freezes over we might get it. I'm tired of that. Mayor Ferret Or like the Library Board that when they want the Library Board they come here and very quietly yes they're going to do this and that and they get the Library Board in 1971 or 72 and three years later they want to breach the contract that they agreed to do and then we get editorials saying we ought to get rid of. the City of Miami. Mr. Andrews: There is also one coming up now with reference to the way the appointments will be handled in terms of the Water and Sewer Authority. Mayor F'crre: But you see, Plummer is pointing out and I just want to reiterate that we continually get into these problems where we come to agreements with Metropolitan Dade County which somehow or another later on they either breach or forget about or they leave us owing the money. You know there is no quest- ion they very handily and quickly accepted a $500,000,000 property called the Water and Sewer Board which the citizens of Miami paid for over the last 30 years worth about half a billion dollars and yet you know we have all these hassles all the time and they say, "Well it belongs to all the community" I'm telling you the people of Homestead and the people of Kendall and the people of Hialeah and North Miami didn't pay for that water and sewer facility.' They got it free. Mr. Plummer: Mr. Mayor, why, can't we hold up Item 32? They're already start- ing the expansion program and let's put the risk and the monkey on their back to produce that piece of property to us at which time we will then sign the deed and without it we won't sign the deed. What is wrong with. that, Paul? Mr. Andrews; Deeds have been 'signed. Mr. Plummer: Well, this is a ritification, we won't ratify it. No, I'm saying, Paul - you know I'm just a little tired of having them tell us "thank you, we owe you". I move we defer Item 32. The following Tbtion was introduced by CoMMissie er RlUMMet1 Who moved its adoptioti MOTION NO. 15'51g A MOTION TO Dtt'ER CONSIDERATION up A PROPOSED RESOLUTION t ATJFy1Ne THt ACTIONS NS OF mI1 C1R'Y t+tANAGtR tN SIGNING QUIT CLAIM bt tbS btJEDING PROPERTY TO THE M; AMI .DADE WATER AND Stftk AUTHOR/Tit 1N CONNECTION W1'i t THE 1'RAtt8i'LR OP THE DttPARTMEWI' OF WATER AND SEWERS TO M,E' Rit. POLITAN DADE COUNTY FOR CbNSlbtrRATIOt4 AGAIN AT St tH TIME AS METRO. POLXTAN DARE COUNTY OFFICIALLY ICIALLY DtSIGNATES A SITE FOR A 1 bPbst b CONVENTION CtNr'trR IN Mitt DOWNTOWN At2EA. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following votes AYttS: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferree NOES: None. ABSENT: None. Mrs. Gordon: I have just a question for Mr. Lloyd. Mr. Lloyd, of what effect if we in fact don't act on this? They've already gotten the deed. Mr. Lloyd: Well, they've gotten the deed but in order to 1.nourance, lawyer's title and guarantee fund insists upon so therefore they don't have any title insurance and they give them the title this ratification can't get it. Mrs. Gordon: They don't have a clear title. Ok, I'll go with the motion. Mayor Ferret This is just a reminder to them that they have a pending deal that they've got; and it isn't that we don't trust them but we've been had several times before. 13ID - SPRINKLERS AND VALVES JUN 5 - 1975 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-540 A RESOLUTION ACCEPTING BIDS RECIEVED FOR FURNISHING SPRINKLERS AND VALVES FOR THE PARKSAND RECREATION DEPARTMENT TO UPGRADE THE MIAMI SPRINGS GOLF COURSE FROM DeBRA TURF AND GARDEN COM- PANY FOR ITEMS.1, 2 AND 3 AT A COST OF $6,279.12 AND PENNIN- SULAR SUPPLY FOR ITEMS 4"AND 5 AT A COST OF $1,108.50, TOTAL- ING $7,387.62, AS SHOWN ON THE "TABULATION OF BIDS FOR SPRIN- KLERS AND VALVES," A COPY OF WHICH IS ATTACHED HERETO; AUTHOR- - IZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHAS- ING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR THIS MATERIAL FROM FUNDS ALLOCATED FOR THIS PURPOSE IN THE 1974-75 BUDGET. (Here follows body of resolution, omitted here, and on file in the Office of the City Clerk.) Upon being seconded by. Commissioner Gordon, 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 the resolution was NOES: None. UNw51975 -1111111111111111 • JUN - 19/6 MIStELLANEOUS SPRINKLRS ON BAYSHOkE DR1Vt bISCUS81°4 IIMS LACK or MAIATENARCE-EXPRESV,4AYS Mayor Ferret Ahd while we're talking about sprinklers Mr. Mahager, t noticed that they're tearing up all the grass tight ih Etbht 6E city tall in the road on Bayahote briVe. That grags was just put there twb months ago. tow t Stepped a MoMeht tO look around aha I noticed that there ate he sprinklers in there. How aro we going to keep that grass greet/ M. Andrews: Let me tell you about the grass that they're tearing up. That needs to be replaced and the sprinkler system, I.11 ask Mt. Grimm to answer that qUestiOn. Mr. Griffit: The reason that contract has hot been accepted by the city yet, Mr. Mayor, and one of the reasons is that grass is diseased and inadequate so We're making the contractor tear it all out and put it all in new. Mow we don't have a sprinkler system in the forth of sprinklers but we do have in each of those islands a large two inch water meter and provisiohs for two-inch hoses to water when the weather is dry. Mayor Ferret Oh my, we're going to end up then with parks grass there all the time. Mr. Grimm: I hope not, Mr. Mayor. Mrs. Gordon: I see a man out there with a hose very frequently. Mayor Ferro: Yes, but isn't a man, isn't the salary of a man with a hose a little bit more expensive than putting sprinklers on that thing? Mr. Grimm: Well, we hope to be able to do this in a way, Mr. Mayor, that when we come down here with our crews when this is ultimately maintained by the city while we're cutting one we'll have soaker hoses out in the other so we think we've thought this out enough that we can do it without too much help. Mayor Ferre: It isn't that we want it to end up being like Alton Road although T wouldn't mind that but that's very expensive but you know I hate to see us do something and then in a year from that it looks terrible, weeds growing and yellow patches and all that. You know Paul, we say that but let me tell you something. I look down from the 15th floor on that Bay Front Park and I want to tell you how illogical sometimes things are. During the dry season I'll take you up there and show you actual round green circles and then I'll show you pieces that are several hundred feet wide that are absolutely yellow or brown because the grass has almost died because the water just doesn't reach. It is just a half cooked way of doing things and I hope we don't do that in this particular case. Mr. Grimm: Well Mr. Mayor, the responsibility for maintaining this section of highway is mine and I can assure you I'm not going to let it get brown. Mr. Plummer: Yes, because we drive by everyday to remind you. Mayor Ferre: Now on a smiliar subject which I want to bring up we got what I think was a very unfair answer from the governor's office and State Road Depart- ment, Department of Transportation on this maintenance of all these highways and they just said no, we can't afford it. They can't afford it but we have highways in the City of Miami that are absolutely unbelievable - not dirty, they're filthy. They are eye sores. They are a terrible blight on this com- munity and I don't know why we should stand here and let the state department do that to us. I think I'd like to go up and Mr, Manager, I think you ought to answer that letter and write the governor and request an appointment with the governor. I'd like to bring this thing to a head because I think that is just terrible. Rev. Gibson: You're right. Some of the highways are a disgrace with all that trash and dirt on them. It is just unbelievable, JUN " 5 1975. JUN b - 197 AWARD BID RADIO AND TAPE RLCORDING EAUIPP" NT The fo1lawihq resolution Was introduced by COMMieeioner P1ut4ier, wio thOVt r itts ac optic n; RESOLUTION NO. 75=S41 A RESOLUTION ACCEPTING THE SIDS RECEIVED .MAY 21, 1975 OP MbroRo1A, INC. AND DICTAPtHONE CORP. IN THE AMOUNTS CV $Sg, 741. bb AND $58,8S4.93 RESPECTIVELY AT A TOTAL COST CV $128,595.93 I'btt PURNISHING COMMUN /CATION EQUIPMENT AND RADI0 EQUIPMENT MR USE AY THE P0LICt DEPART M.EN ' AS DESCRI8ED IN SECTION 1 HEREbt• ; ALLOCATING THE ADS FOR THIS PURPOSE IN THE AMOUNT OP $16,210.06 PROM MODERN MIAMI POII,ICE DEPART MENT 80ND PONDS PER RESOLUTION NO. 75=381 AND THE BALANCE SEtNG AVAIL- ABLE PROM LEAA GRANT NO. 73-21=24 t AUTHOR/ZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS POR THIS EQUIPMENT. (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. JUN 5 - 1975 3 9. AWARD BID VI RG I N I A KEY FILL - 1975 9r. AnIrcwn: Mr. MA.,0r ant mPmhAr.G of the commission, what we're doing here is to provide the Virginia Key fill area with a stock pile of 150,000 square yards of material that we've been able to place through the Corps of Engineers on Virginia Key from the dredging so that we'll be ready to cover up that whole pit area once we begin to -abandon it. Mr. Plummer: Why can't we do it with city forces? Mr. Andrews: .Because it probably would end up more expensive with the kind of equipment we would have to rent, the pans and everything to do this. This comes about because the time is right to do it. It ends up at 391/2C a yard. Mayor Ferro: Well you can't get any cheaper than that. Mr. Plummer: Yes you could have if you'd thought about it in the beginning. Mayor. Ferre: There's no way to get land anywhere... Mr. Plummer: Sure, all you'd have done is just taken the pipe and extend it over there and let the pipe run on it. Mr. Andrews: It is pretty difficult to control without creating an embankment. Mayor Ferre: You need an embankment and by the time you do that it costs you more than 39a yard. Listen, I've been through that one. Mr. Plummer: Right. The following resolution was introduced by Commissioner Plummer, who moved its adoption; RESOLUTION NO. 75-542 A RESOLUTION ACCEPTING THE BID RECEIVED JUNE 2, 1975 OF FRISA CORPORATION IN THE ESTIMATED AMOUNT OF $59,250 FOR THE VIRGINIA KEY FILI,- 1975; ALLOCATING THE AMOUNT OF $59,250 FROM THE ACCOUNT ENTITLED "POLLUTION CONTROL & INCINERATOR FACILITIES BOND FUND" TO COVER THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $5,925 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE'AMQUNR OF $3,346 TO COVER THE COST OF INCIDENTAL EXPENSE; AND AUTHORIZING` THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM, 51 (Here follows body of retol Lion, omitted here and oti file in the bffice of the city Clerk.) Upoh being aecbaded by CoMmissionet keboau, the teso2:utibr Was paned and adopted by the following vote AYU8 t CoMMiasioner Manolo Rebono Cbnd?iasioner Bose Gordon Cornmissioher (Rev.) Theodore Gibson Vice Mayor J. La Plummet, Jr. Mayor Maurice A. Terre N0gSt None. Mayor Perre: Now Haul, on that fill for that velladrome, that 7000 yards I've got the fill but f think what we could do is this: Suppose we lend that fill' to the City of Miami and you replace it sometime in the future. Let tine tell you what I think can happen and I just put this out for you to consider. NOW we've got the fill right there adjacent to the park within a hundred yards. All you've got to do is pan it over and then sortie day in the future and we could leave that on a basis of say within the next 20 years that whenever the City of Miami has some extra fill that's going in that direction... Mrs. Gordon: I move we accept that kind offer. Mayor Ferret Ok? So you workout the details and maybe bring it back at a Commission. Do you need a motion? Mayor Ferre: No, you don't need a motion. 40, AWARD BID - ORANGE BOWL WATER MAIN IMPROVEMENTS - 1975 ALSO APPROPRIATING $3g,4741QQ FOR SAME, The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-543 A RESOLUTION ACCEPTING THE BID RECEIVED FROM MINORITY SYSTEMS, INC. IN THE AMOUNT OF $35,245.00 FOR THE ORANGE BOWL - WATER MAIN IMPROVEMENTS - 1975; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plumper, Jr. Mayor Maurice A. Ferre NOES: None. JUN 51975 .'1N ORb1NANCE EN 'I tEbt AN EMERGENCY bRb1NANCE AMENbzNG APPROPktAr1ONS bRb1NANCE No, 8JI6 ADOPTEb OCTOHER 1b, 1g14 TO PROVIDE POR THE Abbt '.ONAL APPROPRIATION OP $10, 474 . b0 PIM THE ORANGE tOWL #'UNb HALANCE TO coVE R THE CbsP OP THE OAANdE HOWL m `HATER MAIN IMPRoVEMENt's - 1975 AS Pot.tbWs : CONTRACT COST' $15,245.00PROJECT COS'' $1,024•s0, 1NC1bENTAt EXPENSES iNCttlbING AbVER1'tStNG, ' ES INC ANb RED PRODUCTION SERVfett - $704.50; REPEALING ALL ORDINANCES IN CONPLICi'. Hi REWITf PROVIDING SEVER- AD/I,I'TY; ANb PROVtb#NG AN EFFECTIVE DATE. Was introduced by commissioner Plummer and seottihded by Commissioner Gibson, for adoption as an ett►crgency 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 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 following vote: AYES: NOES: None. Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8409. 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. 41, JUN 5 - 1975 BILL TURNER- EDISON LITTLE RIVER SELF HELP COUNCIL REGARDING PREVIOUS COMMITMENT FOR $I5.,000 —` DI$cU44I0 Mayor Ferre: At this time I'd like to recognize our friend Bill Turner who is a member of the School Board of Dade County who -serves and has served with great, distinction and his friend, associate and administrative assistant, Mr. Ricky Thomas who is with us today, noted, columnist and radio commentator who keeps everybody up to the wee hours of the night talking. Happy to have you here. Mr. Bill Turner: Thank you Mr. Mayor, fellow commissioners. My appearance today is to articulate to you an action which you took about a month or. so ago in terms of the Edison Little River Self Help Community Council where the com- mission itself voted to give the Self Help Council #15,330 to foster a youth program. We have not heard from the administration of the city as to when we were going to receive this money and as you know summer is upon us and we'd like to have that money in hand so that we can do the proper planning and make the proper purchases so that we can carry out that program. PERSONAL APPEARANCE Mayor Ferre; How about that, Mr. Andrews? Mr. Andrews; 1 don't understand why the money has not been transmitted. I'll attend to it,.. Mrs. Gordon: 1 thought it was $19,000. Mr. Andrews; No, I think it was; I think his figure was correct, It was $15,000 from my memory with another$19,000 something to make up the difference for the 35. Mayor Ferre; Would you look into it and call Mr. Andrews: Yes, I will arid 1111 do it this ciftethOOhs 1 have eftteon'e, if f 1 ti't Softie t he will lie Bute to oo itaot YOt r JUN 5=IW 4 f TRANSFER $7,000 FROM CONTtNGtNcY FUND TO PUBLI i4°v FOR MIAMI 1NT NATIONAL FOLK FESTIVAL 1975 PROMOTION The following resolution was introduced by Co mmiesonet Gordon, who moved itt adoption: RESOLUTION NO. 7S-544 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER O PICtA1;SOP THE CITY OP MIAMI TO TRANS' PER $ 7, O00. 00 PROM THE CONTINGENCY PURL, TO THE PUBLICITY DEPARTMENT TO PROMOTE THE MIAMI INTERNATIONAL PO tt PRSTIVAL, l97S, PURTHER PROVIDING THAT SAID 1'UNDS WILL BE REIMBURSED TO THE CONTINGENCY PUND CONTINGENT UPON THE CITY OBTAINING CULTURAL GRANTS PROM THE FEDERAL GOVERNMENT. (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 JUN b - 19/5 CONTACT HISTORICAL ASSOCIATION OF FLORIDA 43, AUTHORIZE CITY igYgh6h R RIVE AS A HISTORICAL HIGHWAY MANAGER NOES: None. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-545 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONTACT THE HISTORICAL ASSOCIATION OF THE STATE OF FLORIDA TO DECLARE SOUTH BAYSHORE DRIVE A HISTORICAL HIGHWAY; FURTHER INSTRUCTING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUT- ION TO THE SPEAKER OF THE HOUSE AND PRESIDENT OF THE SENATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. JUN e'51975 JUN 41, URGE LEGISLATURE OF THE STATE OFF OR A MATTSR tO1tTY To cOMPLeTE JUV N LE Acliattta it 1 A I & 35 STREET The following resolution was introduced by ComMiasioner PlumMeri Who moved its adoption: SOLUTION NO, i - 46 A RESOLUTION uiirlNG THG2S JM'U E CO THE STATE OP PLORIDA, AS A MATTER OF TOP p /OR#''Y, TO ALLOCATE THE NECESSARY PONDS' TO COM- PLETE THE JUVEN1Lt 1ACtL1 '1ES LOCATED AT N. WA 27 AVENUE AND 36TM STREET, MtAMI, FNO1ttbA. (Here follows body of resolution, oM tted here and on file ih the Office of the. City Clerk. Upon being seconded by Commissioner keboso, 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 TRANSFER TO STATE PROP 45, INSTRUCT PROPER CITY OFFICIALS 11% AVENUE, 90 STREET, FOR RIGRT—OF`WAY UPON JUN 5 -1975 ERTY BOUNDED BY NW. N.W. 74 STREET NEEDED PAYMENT $112,QOO Tho following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO..75-547 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO TRANSFER TO THE, STATE, PROPERTY BOUNDED BY N.W. 117TH AVENUE, 90TH STREET, N. W. 74TH STREET, NEEDED BY THE STATE DEPARTMENT OF TRANSPORTATION FOR RIGHT OF WAY PURPOSES UPON PAYMENT TO THE CITY OF MIAMI THE SUM, OF $112,000.00: (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. JUN "5197 JUNK 19%b RtOUtST STATE OF PLORIDA TO INVESTIGATE INFORMATION REVEALED AND INFORMATION PROMS X0 St FACTUAL, To TAKE NeC5SSARY ACTtcU O HAVE MIAMI DECLARED ZND OLDCST $ETT EMENT tN THE U1 1 rtye following resolution %Ms introduced by CoMMissionet PIUMMers who MoVe d its adbptibn RESOLUTION NO, 75=548 A RESOLUTION REQUESTING THE HISTORICAL SOCIETY OP THE STATE OF FLORIDA, IN COMPLIANCE wtT'H THE REQUEST OP THE HISPANIC COMMITTEE TO INVESTIGATE INPORMATtON REVEALED BY CbNCHITA CONCEPCION CASTANEDO, AND IF SUCH XNt0P..MATION PROVES TO HE FACTUAL, TO TARE NECESSARY ACTION TO DECLARE THE CITY OF' MIAMI THE SECOND OLDEST SETTLEMENT iN THE UNITED STATES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. ?erre 47. DIRECT PLANNING DEPT, STUDY ARTICLE IV,$EC.2Q NOES: None. JUN 5-1975 REQUIREMENTS FOR RESTAURANTS LOOTED WITHIN APARTMENT BUILDINGS The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-549 A RESOLUTION DIRECTING THE DEPARTMENT OF PLANNING TO STUDY ARTICLE IV, SECTION 20 OF THE CITY OF MIAMI COMPREHENSIVE ZONING ORDINANCE AS THE REQUIREMENTS IN SAID SECTION PER- TAIN TO RESTAURANTS LOCATED WITHIN APARTMENT BUILDINGS. (Here follows body of resolution, omitted here and in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution 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. GRANT FREE USE OF ANNUAL "TOYS FOR TOTS" 43, BAYFRONT PARK U,S,MARINE CORPS CELEBRATION AUDITORIUM NQY.8 AND PEC►2Q, 1975 The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-550 A RESOLUTION GRANTING FREE USE OF BAYFRONT PARK- :AUDITORIUM TO THE U.S. MARINE CORPS FOR THE CELEBRATION OF THEIR 200TH BIRTHDAY ON NOVEMBER 8, 1975; AND ON DECEMBER 21, 1975 TO HOLD THE ANNUAL "TOYS FOR TOTS" CHRISTMAS PARTY; SUBJECT TO ADVANCE PAYMENT FOR EVENT PER- SONNEL, 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 Comthissiofter tinttert the resblbtiot5 was passed and adopted by the following Vote., ALES t COMMiseitditt Manolo RebbSb Criseioftiet Rbse Gordott Cciesioner (Rev.) Theodore Gibsbt Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferro NO t Notre. JUN b rJ/0 49. APPOINT 1S PERSONS TO WORLD AMATUER BASEBALL FEMERATION The tol1o+4110 remolution .., in+:ro'tteet lit 0o01+++i4tii.o+ner OilMfOrp _016 Paved its adoption: RESOLUTION NO. 7541.551 A RESOLUTION APPOINTING FIFTEEN INDIVIDUALS TO THE WORLD AMATEUR BASEBALL FEDERATION TO PARTICIPATE IN THE BICENTENNIAL CELEBRATION. (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: Cofntnissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Mayor Ferret Paul, would you assign somebody in the administration to work with these people for this F.E.M.B.A. thing because if we're going to have a World Amateur Baseball competition here next year we've got to get moving on it. Would you get somebodyin the administration to call that meeting and let them select their own chairman and whatever and get going with their recommendations and let the City of Miami Commission know when the meeting held. 50 PAY COSTS ARISING FROM CONDEMNATION AFRICAN SQUARE PORTION OF MLK BOULEVARD The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-552 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO IN ATRUCT-THE PROPER CITY OFFICIALS TO PAY THE COSTS ARISING FROM A CONDEMNATION ACTION FOR THE CREATION OF THE AFRICAN SQUARE PORTION OF THE MARTIN LUTHER KING BOULEVARD PARK: KORNER AND SAMPSON, P.A., $1,875.00; GEORGE A. FRIZ, JR., APPRAISER $250.00; OWEN COLLIFLOWER, COURT REPORTER, $105.00; TOTAL COST, $2,230.00; FUNDS TO BE ALLOCATED FROM THE PARKS FOR PEOPLE BOND FUND FOR THE AFORESAID COSTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 51975 • 51, BRIEF REPORT 3Y CITY MANAGER DOWNTOWN PEOPLE MOVER SYSTEM ANNOUNCING DATE FOR PRESENTATION JUN `,9/5 Mr. Andrews t Mt. Mayor, the downtoWn People Mover aystem report has been deft,. plated and wa ve ben oh the telephone everyday to try tb get a copy. gust as eosin as Wb tlet~ a copy we'll trenttM►it it to the CotiMiition. Mete is a joint City'Co my COTtisaion presentation of th-t report tb be made obi June lath and it will be in the A.M. and t will report to yhur secretaries onto yot personally the tints that this hatter will oome up in the Morning of the iith. JUN I a 19/5 52, BRIEF REPORT BY COMMISSIONER GORDON Mrs. Gordon: I'd just like to give you a very brief 2 second report on the Committee that is working to develop a youth center in the old police station. A special working task force to write a proposal met yesterday and were very positive in their approach and will come back to us before our next Commission Mooting with a proposal that we can consider. That small task force, you received a Mensorandum, consisted of Dr. Sheppard and three other people of his caliber. JUN 5 19/5 53, REQUEST CITY MANAGER USE OF CITY FACILITIES FOR NON-RESIDENTS TO DETERMINE FEES YOUTH CENTER IN oL7 Po.10E STATION TASK FORCE RECOMMENDATIONS Mayor ferret Paul, on the things that come out in the newspaper and the memorandum that you sent to the members of the commission; I know you know overytime I road something about the City of New York and Abe Beam I keep thinking about. Miami. I know we're not anywhere near that for a very simple reason that the City of New York, of course, what they did was they went out and borrowed money and went into debt to pay for operations. I might point out and this is what Plummer has for years been advocating: that we can't do everything for everybody and the City of New York, and I think this is a good lesson for us to keep in mind, has 9 hospitals...(well I forget, you may be right in numbers but I think it was 9)`and they, have 3 or 4 universities where they have literally hundreds of thousands of students who go there for free. They have over 200,000 university students who go for free. Now you know there are a lot of things that government wants to do for people but this thing that you can get them for free, it is just somebody has to pay. And sooner or later it becomes time to pay the pied piper. Now I think we are no where near that condition but I think we have got to move very precautiously now as we move into this difficult era. I would hope, Mr. Andrews, that the very last thing that we do is to fire people. I hope that we, now these are working people who have been; here for a long time many of them and it would be a tragedy really if we let a lot of people go all of a sudden. I think if we have to do it we have to do it but I think that we ought to try to create efficiencies and we ought to try to cut at the top as much as we can before we start cutting people down in working positions. We already have 12% unemployment and I hope that the City of Miami does not add to it. On the other hand I well recognize that we hoe got to go into economy. So I am not precluding that possibility and what I am just simply saying is that I think we have got to do everything else possible before we start letting go of people. Mr. Plummer: Mr. Mayor, let me only say one comment other than the fact that I started to say before. Let me say that I compliment the Manager for recog- nizing the problems and taking the initial steps of action that he within his wisdom feels is necessary; not that this city, Mr. Mayor, is in any way shape or form - Thank God - in the same problems as New York. There are certain basic patterns that scare me and alarm me:that the City of Miami is somewhat falling into. God knows we're not at a 12 billion dollar spending level but we are also in comparison and in percentage we do have similar problems as not just New York or Miami but most of the major metropolitan cities across... Mayor Ferre: Would you include Metropolitan Dade County in that? Mr. Plummer: That is correct, no question that they have serious problems and they've ,already had lay offs. But the thing that I have been working very closely on is to try to avoid these same patterns that I have seen occur in the New York City area to keep them from happening here in Miami. and I think that the Manager has instigated the actions that are definitely necessary and I Qom., pliment him for that and I wish to work with him in any areas that I can to keep this city in the black and oPerating in ca fluid condition, 58 .JUN-51975 M:y Gordon: Mr, Andrews, in what manner if ahy do we distirgi ish between those petsot a who ate residents of the City of Miafiii and those who are honareaidefite with regard to charges that we make for our MAnicipal services such ee cur misrule facilities or Our golf course facilities Ot bur re'treet .ona1 t'aciiitiea of other kinds/ bo we take a distinction between residents and node reeidehts7 Mt. Atidrewet NO, We really do not4 Mrs. Gordon: i4hy hot? Mr, Andrews: Well, if you'll recall that within the last three Months or so we've begun to fiiake some of these distinctions right here at the comtission table and the commission is kind of struggling with that concept and once you get into that area it is a difficult role for the commission to say that one group,.. Mayor Terre: Well, we may have to get into it. Mr.. Andrews: We may have to. Mrs. Gordon: I want to tell the City of Miami should get get. I really feel that you to dock their boats, to play else you have. you something. The people who pay the taxes to some benefits that non taxpaying people don't should charge more money to the non-residents' on our golf courses, play in our parks or whatever Mr. Andrews: You will recall some of the recommendations I was making by try- ing to establish percentage of use: remember the baseball thing coming in to use the city parks... Mayor Ferre: Let me tell you something, Paul. Yesterday I was over at Morning side Park and I was seeing that tennis program there and one fellow comes up to me with a great deal of pride and says, "You know we've got such a great program going here that we've got people coming in from Miami Beach and they drive all the way from Hialeah because we've got such a..." And I said I'm going to tell you something fellow. You may be proud of that but that really gets me upset because what you're telling me is that the City of Miami is subsidizing the recreational facilities for people beyond the City of Miami. I'm going to tell if these courts are going to rent for a dollar an hour then I tell you I think for that guy from Miami Beach he ought to pay $10.00 an hour. Mrs. Gordon: You bet! And I think Maurice, that we should take an action now directing the Manager to proceed to find these various services that we are rendering to non-residents and establish two sets of rates Residents. and Non -Residents. I so move. The following motion was introduced by Commissioner Gordon who moved its adoption. MOTION NO. 75-553 A MOTIONREQUESTING THE CITY MANAGER TO DETERMINE FEES TO BE CHARGED FOR USE OF CITY FACILITIES BY CITY OF MIAMI RESIDENTS AND BY NON-RESIDENTS. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- AYES: Commissioner Rose Gordon Commissioner Rev. Theodore Gibson Commissioner Manolo Reboso Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Fevre None. Mayor Ferre: I want to point out on the very same thought; you know because we tjet blasted all the time here and there about the City of Miami and double taxation and double this and double that but you know Metropolitan Dade County comes out and says that they are going to raise the tax 10% - not a word comes out on that and then the garbage fees are going to go up to $68,00 a year, We don't charge one red cent, not a word happens on that but then, of course, out comes the editorial that this is a good time to get rid of the City of Miami and of course the big blast about Miami and this and that not taking into account,' 59 JUN 51975 MM MW • 1 }+it" -tit to stress that the people of Mini at this point do hot pay for their garbage pick up: Metropolitan bade County is charging $66rOb a year and if you multiplied that I'M sure you're talking of an aniouht of about 2 or $4400,000, Mt: Andrews Probably closer to t, Mayor Petro: Closer to $6, 000, obO and that is something that i think wta may have to start discussing, Mr, Andrews I don't know when but these are items that r think'. Mrr t►ndtewa: t Want to point out to the commission that after I had issued that memorandum Ron sax Called me in the afternoon: I had a very busy day but i took the time toreceive him and we spent a half hour together going over that memorandum real carefully, He asked me'several times, "Well isn't thie a deficit?" And I said absolutely not it doesn't constitute a deficit until after you're operating and you find out that revenues don't Meet the cost of your expenditures, And what we're addressing ourselves to is for the departmenta to submit budgets to me that I in turn, can submit to the commis- sion which will be balanced, I don't know exactly what it is going to take to do that and then when I confronted hit with the article that they produced in the Herald: Mayor. Ferret "Miami Deficit to Force Austerity". Mr. Andrewst Yes. I said, "tiow is this possible after our discussion?" And his response to me was, "Well' I'm sorry, I don't write the headlines all I write is the body of the article and somebody else writes the headlines." Mayor Ferret Well I'll tell you, i know that my friends down there get a little bit upset but I want to tell you that there is absolutely no doubt in my mind that editorializing goes on in the writing of titles of stories in the morning newspaper and that is a clear case in point where you told, you kept saying that this does not mean a deficit and yet the headline says "Miami Deficit Forces Austerity" and that is absolutely not the case. 54, DESIGNATE COMMISSIONER ROSE GORDON AS CITY OF MIAMI VOTING REPRESENTATIVE TO THE DADS GUE, QF G!J ES Mr. Plummer: May I bring one short item before this commission? If you want to act on it you can and I'm not involved so you do what you want. It is the appropriate time that a member of this commission be designated as the repre- sentative to the Dade League of Cities. I will be going out of office and hopefully, I guess that's selfish on my part, going up to the state so it would be appropriate at this time that one member of this commission be desig- nated as the representative, voting representative of this commission other than myself. Now Commissioner Reboso last year served as the alternate. That is no criteria but... Mayor Ferre: This is something I think has to be worked out between the mem- bers of the commission and whoever you agree upon is fine with me. Mr. Plummer: Well, who has the time? That's the main thing. It is a monthly meeting INAUDIBLE Mr. Plummer: Well Rose, that would be only one of many topics that would be taken up. Mayor Ferre: But if she wants to do it... Does anybody else want to do it? Do you want to do it? Do you want to serve on this board? Thereupon a motion designating Mrs. Rose Gordon as tne city's represent- ative to the Dade League of Cities was introduced by Commissioner Plummer, seconded by Commissioner Reboso and passed and adopted unanimously. SAID MOTION WAS DESIGNATED MOTION NO, 75-554. a MW M Ma- MW 60 UN5 9/ MOTION betLAR1NG POLICY OP THE CITY COMMIS, tS 10N THAT EXPENSES OP CITY COMMISSION APPOINTEES TO DADE LEAGUE OF CITIES BE mule,BY ItUL 'CITY OF kitAtit Mr. Plummets Let the in fairness, and 1 have held off Oh this instil 1 went out Of office in the bade Leaguer 1 think it is only appropriate that where this coMmission deeignatres an individual to &Ulna those mtetings that the costs should be picked up by the city. I will tell you that it has cost me out of my own pocket which I have paid between $250 to $300 a year for the cost involved of the dinners and the transportation and that is $15000 I've kicked up thyself and t think it id only fair and should go on reeord. The Manager says 1 should have been submitting bills but I think so that there will be no question about it that the representative should be reimbursed by this city for the cost of out of pocket expenses. 1 offer that in the form of a motion, Whether you put them in or not I think the commission should go on record because it has cost Me Rose, roughly $300 a year. The following motion was introduced by Commissioner Piunnner who moved its adoption. MOTION NO. 75-555 A MOTIONDECLARING THE POLICY OF THE COMMISSION THAT EXPENSES OF CITY COMMISSION APPOINTEES TO THE DADE LEAGUE OF CITIES BE BORNE BY THE CITY OF MIAMI. Upon being seconded by Commissioner Gibson, and adopted by the following vote- AYES: Commissioner Rose Gordon Commissioner Rev. Theodore Gibson Commissioner Manolo Reboso Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre None. ADJOURff: Theke bung no liwrthe t. bu mess .to come belion.e the City Comm.iu on, on motion duty made and seconded, .the meeting was adjourned at 1:10 O'Ctock P.M. MAURICE A..FERRE MAYOR the motion was passed ATTEST: H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK 61 JUN 51975 2, tit 4 NO DOCUMENT IDENTIFICATION 1 4 10 12 13 14 15 Y MI DOCUMENT MEETING IE Jur._:$4 1975 COMMISSION RETRIEVAL. ---ACTION ��Cd1IE .NO• II ATM COMMISSION AGENDA AND CITY CLERK REPORT CONFIRMING ORDERING RESOLUTION NO+ 75-439 CONFIRMING ORDERING RESOLUTION NO. 75-439 CONFIRMING ORDERING RESOLUTION NO. 75=438 RECOMMENDING THAT THE CITY OF MIAMI. COMMIS- SION DIRECT THE OFF-STREE,PARKING AUTHORITY TO PREPARE A DETAILED ANALYSIS OF THE SIZE, LOCATION AND FUNDING TECHNIQUES REQUIRED TO DEVELOP A PUBLIC PARKING GARAGE FOR THE COCO- NUT GROVE AREA. 11 A li GRANTING A 90 DAY EXTENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 101 S.W. 15TH ROAD. GRANTING A ONE YEAR EXTENSION OF THE CONDI- TIONAL USE AS PROVIDED IN ORDINANCE NO. 6871 ARTICLE XI, SECTION 1(5)(b) ACCEPTING THE COMPLETED WORK PERFORMED BY FLORIDA CONCRETE CONTRACTORS AT A TOTAL COST OF $24,526.25 ACCEPTING; THE COMPLETED WORK PERFORMED BY FOSTER ELECTRIC COMPANY, INC. AT A TOTAL COST OF $9,433.40 ALLOCATING $45,019 IN FUNDS FROM THE STORM SEWER GENERAL OBLIGATION BOND ISSUE TO PAY FOR THE CONSTRUCTION OF A STORM SEWER AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER QUIT CLAIM DEEDS FORMALLY RELEASING THE CITY OF MIAMI'S INTEREST IN AND TO THAT CERTAIN STTP OF LAND FORMERLY DESIGNATED AS S.W. 6TH TERRACE. ACCEPTING THE PLAT ENTITLED PERELIS SUBDIVI- SION, A SUBDIVISION IN THE CITY OF MIAMI. AUTHORIZING THE CITY MANAGER TO REQUIRE THAT THE TENANTS OF DINNER' KEY MARINA PIER 5 VACATE THEIR BERTHS FOR THE PERIOD BEGINNING OCTOBER 23, 1975 AUTHORIZING THE ISSUANCE OF A WASTE COLLEC- TION LICENSE TO BOB'S TRASH SERVICE APPOINTING HELEN STANKIEWICZ TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICA- TION R-75-515 R-75.516 R-75-517 R-75-518 P-75-519 R-75-520 R-75-530 R-75-531 R-75-532 R-75-533 R-75-534 R-75-535 R-75-,536 R-75-537 0056 75-515 75516 75-517 75-518 75-519 75-520 75-530 75-531 75-532 75-533 75-534 75-535 75-536 75537 11M NO 16 17 18 19 20 21 22 23 25 26. 29 ENTIN DEX CONTINUE DOCUM NT ID NTIr1CATIOJ AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE OFFICE OF MONORITY BUSINESS ENTER PRISE, U.S. DEPARTMENT OF COMMERCE. ACCEPTING BIDS RECEIVED FOR FURNISHING SPRINKLERS AND VALVES FOR THE PARKS AND RECREATION DEPARTMENT ACCEPTING THE BIDS RECEIVED MAY 21, 1975 OF MOTOROLA, INC. ACCEPTING THE BID RECEIVED JUNE 2, 1975, OF FISA CORPORATION ACCEPTING THE BID RECEIVED FROM MINORITY SYSTEMS, INC. AUTHORIZING THE CITY MANAGER TO' INSTRUCT THE PROPER OFFICIALS OF THE CITY OF MIAMI TO TRANSFER $7,000.00 FROM THE CONTINGENCY FUND TO THE PUBLICITY DEPARTMENT AUTHORIZING THE CITY MANAGER TO CONTACT THE HISTORICAL ASSOCIATION OF THE STATE OF FLORIDA TO DECLARE SOUTH BAYSHORE DRIVE A HISTORICAL HIGHWAY URGING THE LEGISLATURE OF THE STATE OF FLORIDA, AS A MATTER OF TOP PRIORITY, TO ALLOCATE THE NECESSARY FUNDS TO COMPLETE THE JUVENILE FACILITIES. AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO TRANSFER TO THE STATE, PROPERTY BONDED BY N.W. 117TH AVENUE, 90TH STREET, N.W. 74TH STREET, NEEDED BY THE STATE DEPARTMENT OF TRANSPORTA— TION. REQUESTING THE HISTORICAL SOCIETY OF THE STATE OF FLORIDA, INC. COMPLIANCE WITH THE REQUEST OF THE HISPANIC COMMITTEE, TO INVESTIGATE INFORMATION RE— VEALED BY CONCHITA CONCEPCION CASTANEDO. DIRECTING THE DEPARTMENT OF PLANNING TO STUDY ARTICLE IV, SECTION 20 OF THE CITY OF MIAMI COMPRE— HENSIVE ZONING ORDINANCE AS THE REQUIREMENTS IN SAID SECTION PERTAIN TO RESTAURANTS LOCATED WITHIN APART— MENT BUILDINGS. GRANTING USE OF BAYFRONT PARK AUDITORIUM TO THE U.S MARINE CORPS, APPOINTING FIFTEEN INDIVIDUALS TO THE WORLD AMATEUR BASEBALL FEDERATION TO PARTICIPATE IN THE BICENTEN— NIAL CELEBRATION, AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER CITY OFFICIALS TO PAY THE COSTS ARISING FROM A CON- DEMNATION ACTION FOR THE CREATION OF THE AFRICAN SQUARE PORTION OF THE MARTIN LUTHER KING BOULEVARD PARK °'T a R=75-538 R-75-540 R-75-541 R-75-542 R-75-543 R-75-544 R-75-545 R-75-546 R-75-547 R-75-548 R-75-549 R-75-550 R-75-551 R-75-552 ae 0 75�538 75-540 75-541 75-542 75-543 75-544 75-545 75-546 75-547 75-548 75-549 75-550 75-551 75-552