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Home My WebLink AboutCC 1975-07-17 MinutesCOMMISSION MINUTES OF MEETING HELD ON THURSDAY, JULY 17,.1975 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D, SOUTHERN CITY CLERK RALPH G, QNGIE 'MUTANT CITY CLERK _7 r-ems" INDEX MINUTES OF REGULAR WING ITV OMISSION OF RANI* FLORIDA ITEM NO SUBJECT 4. 10. 11. 12. 13. 14. 15. 16. 17, 18, PERSONAL APPEARANCE - MR, MAt RICE OUSMAN Donation of "O tMan Hall" to the City MISCELLANEOUS DISCUSSION ITEMS Introduce Charles CrUmpton Sinter City Program Presentation to Chief Hickman Condoleneee-Death of Moody De Ford Report of Commissioner Reboso's injury ORDERING RESOLUTION Flagler Street Highway Improvement Ext/ H-4391 ORDERING RESOLUTION Jefferson Highway Improvement H-4350 ORDINANCE AMENDMENT R-CC"Districts `Residential Office RECEIVE SEALED S. W. 8 Avenue RECEIVE SEALED West Grapeland "C" and "S" BIDS- Sidewalk IMP. SK-4387 BIDS - Sanitary Sewer Imp.SR-5387 CHANGE OF ZONING -Vicinity of Aviation Ave. West Trade Ave., S.W. 27 Ave, Bird -Grand etc CHANGE OF ZONING -Area northeasterly of Aviation Avenue between Tigertail and South Bayshore Drive CONDITIONAL USE - LOTS 5 THRU 11 BLOCK 1 Twelfth Street Manors Drive -In Tellers -Republic National Bank PROCLAMATION -Laura & Roger Armster Day RESUME DISCUSSION of change of zoning same as item 9 PRESENTATION TO MIAMI POLICE FOR PERFORMANCE IN FLORIDA POLICE OLYMPICS PROCLAMATIONS -CERTIFICATES ETC. RESUME DISCUSSION FOR 3rd time - Same as Item 9 PERSONAL APPEARANCE-LINDSEY MOORE ATTORNEY REPRESENTING A DISMISSED EMPLOYEE ORDINANCE AMENDMENT-SPD-2 COCONUT GROVE SPECIAL OVERLAY DISTRICT ORDINANCE AMENDMENT- Change of Zoning in general areas of Coconut Grove on both sides of S.W, 27 Avenue, North Side Bayshore Dr, and South Pixie highway ORDINANCE OR RESOLUTION NO, MO , 75-606 607 608 RES.75-608A RES.75-609 RES.75-610 FIRST • READ. RES.75-611 RES.75-612 FIRST READ. DISCUSSION DISCUSSION DISCUSSION MOT.75-613 DISCUSSION DISCUSSION FIRST READ. FIRST READ, MOT, 75-614 PAGE NO 5==6 8==12 12 13 14 14==23 23==24 24 24==29 29==30 30 31==34 34==35 35==48 48==5 !TEA NO, SUBJECT 10. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31, 32, INDEX MINUTES OF REGULAR METING CITY COMMISSION OF MIAMI,' FLORIDA PERSONAL APPEARANCE -MRs, CfARLES 8 ARXEY TO PROTEST CONDITIONAL USE GRANTED TO t OMETCO THEATRES I'OR USE OF P,RXING LOT PERSONAL APPEARANCE -MR. MIGUEL GON2ALE2 REPRESENTING S.A.L.A.D. ENGLISH SPEAKING CENTER -PERSONAL APPEARANCE OF LARGE DELEGATION OE PERSONS To OUTLINE PRoDLEMS ONE YEAR EXTENSION OF VARIANCE MIAMI NATIONAL 'BANK PARKING GARAGE 620 N. E. 82nd Street PERSONAL APPEARANCE - MR. MARTIN FINE Interim report on Mayor's Committee on Budgetary procedures RAPID TRANSIT ROUTE through DOWNTOWN MIAMI COMMUNITY RELATIONS BOARD 1. APPROVE DEMOLITION OF BUILDING LOCATED N.W. 2 AVE BETWEEN 7 & 8 STREETS 2. MOTION OF INTENT TO GRANT FREE ADMISS- ION TO PERSONS UNDER 18 to SWIM POOLS 3. MEETING TO COMBAT CRIME SOLID WASTE TRANSFER STATION SITE 20th Street Property PERSONAL APPEARANCE- ROD E. GLAUBMAN MOTION OF INTENT TO PROVIDE OFFICE SPACE "PERFORMING ARTS FOR COMMUNITY & EDUCATION INC." ORDINANCE AMENDMENT - R-C DISTRICTS PERTAINING TO LOT AREA & WIDTH REQUIREMEN^,'S ACCEPT COVENANT TO RUN WITH LAND FEDERATED DEPT. STORES-108 EAST FLAGLER ST. APPROPRIATIONS ORDINANCE OFF-STREET PARKING OCT 1, 1975 TO SEPTEMBER 30, 1976 CITY OF MIAMI SELF-INSURANCE PROGRAM 6 MONTH REVIEW AND HIRE CLAIMS SUPERVISOR PERSONAL APPEARANCE - GENE NAPLES MOTION OF INTENT TO REPEAL 30 DAY REQUIRE- MENT -ELIGIBILITY OF SPOUSE ETC, DIRECTING CITY ATTORNEY TO EXPLORE POSSIB- ILITY OF GRANTING BENEFITS TO SPOUSE ETC, ORDINANCE OR RESOLUTION NO. • btSCU SION• DISCUSSION DISCUSSION RES.75-615 DISCUSSION DISCUSSION MOT.75-616 MOT.75-617 MOT.75-618 MOT.75-619 MOT.75-620 DISCUSSION RES.75-621 ORD. 8416 ORD. 8417 MOT.75-622 RES.75-623 MOT,75-624 MOT, 75-625 PAGE NO, 52==55 55==60 64 64-=71 71-=79 80==88 89 59==91 91==92 92==93 93 94==98 98==107 INDEK MINUTES Of REGULAR MEETING CITY COMMISSION OF MIAMI* FLORIDA ITEM PM0* SUBJECT ORDINANCE OR RESOLUTION NO PAGE NO 33, 34, 35, 36. 37. 38. 39. 40. 41. 43. 44. 45. 46. 47. 49. AUTHORIZE CITY MANAGER TO NEGOTIATE; AaREEMEN'I S `ANFORD RESEARCH INSTITUTE FOR PINAL DEVELOPMENT Off` MIAMI MODERN POLICE DEPT, AUTHORIZE CITY MANAGER TO PAY PANCOAST ARCHITECTS $8,991,00 F`OR EXTRA WORft IN CHANGE OF DESIGN OF POLICE HDQTRS,BLDG. ALLOCATE $50,000 FROM POLICE BOND FUND TO REIMBURSE GENERAL FUND FOR PERSONNEL COSTS IN MIAMI POLICE DEPT MODERNIZATION AUTHORIZE CITY MANAGER TO PROCEED WITH DEVELOPMENT OF LAND UNDERNEATH 1-95 N.W. 4 and 6 STREETS FOR USE OF MIAMI POLICE DEPARTMENT FOR PARKING INJUNCTION- PALM BAY CLUB TO PREVENT FURTHER HELICOPTER OPERATIONS PERSONAL APPEARANCE- MONTY TRAINOR CONSTRUCTION PROBLEMS AT BAYSHORE REST- AURANT , ALLOWING BUS BENCH,LANDSCAPING GRANT PERMISSION TO FILL SUBMERGED LAND MASTER PLAN FOR BAYFRONT PARK REDEVELOPMEN) OFFICIALLY CLOSING & VACATING STREET N.W. 12 STREET, N.W. 11 TERR AND N.W. 23 AVENUE STREET CLOSURE -STATE OFFICE BUILDING AUTHORIZE CITY MANAGER TO ENTER INTO: AGREEMENT FOR CONSULTING SERVICES ON COCONUT GROVE INCINERATOR CONVERSION REAFFIRM COMMITMENT OF CITY POLICY OF AFFIRMATIVE ACTION IN EMPLOYMENT ACCEPT PROPOSAL TO DEVELOP FINANCIAL MANAGEMENT SYSTEM ADJUSTMENTS- FEDERAL REVENUE SHARING ORDINANCE PROPOSED CHARTER AMENDMENT - BATTALION CHIEFS TO UNCLASSIFIED SERVICE AUTHORIZE CITY MANAGER TO SUBMIT APPLICATION FOR GRANT TO DEFRAY COSTS OF S . T . O, P ,- ROBBERY/BURGLARY PROJECT AUTHORIZE APPLICATION FOR GRANT TO DEFRAY COST OF AUTOMATIC COLOR PHOTO PROCESSING EQUIPMENT AUTHORIZE APPLICATION FOR GRANT DEFRAY COSTS FO COLOR VIDEO EQUIPMENT RES,75'626 RES.75-627 RES.75-628 RES.75-629 RES.75-630 MOT.75-631 RES.75-632 RES.75-633 MOT.75-634 RES.75-635 RES.75-636 RES.75-637 ORD.8418 FIRST READ. RES.75-638 RES.75-639 RES.75-640 107 107 108 108 108 109==112 112 113 113 113=115 115 115=116 116=117 117 118 118 119 ITEM NO 50. 51. 52, 53, 54. 55. 56. 57. 58. 59. 60. 61. 62 • 63. 64. 65. 66. 67, 68. 69, 70, was ItNIJ E OF REGULAR METING CITY OMISSION OF MtMI FLORIDA SUBJECT AWARD BI% - o 'tSET PRESS I'OR MIAMI POLICE DEPARTMENT AWARD BID - COMMANDER TRAINING SYSTEM DUELATRON FIREARMS SYSTEM AWARD BID - PASSENGER VANS FOR PUBLIC PROPERTIES DEPARTMENT OBJECTIONS TO ACCEPTANCE OE COMPLETED WORK LE JEUNE GARDENS HIGHWAY IMPROVEMENT H-4353 OBJECTIONS TO ACCEPTANCE OFF COMPLETED WORK S. W. 22 AVENUE HIGHWAY IMPROVEMENT H-4369 OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK N. W. 9 STREET SIDEWALK IMPROVEMENT SK-4334 AMEND ORDINANCE 6871- ARTICLE II, SECTION 2 PARA. 1 "ADULT BOOKSTORES" AMEND ORD. 6871- ARTICLE VII- R-3 DISTRICTS CHANGE ZONING CLASSIFICATION- LOTS 10,16,17 & 18 BLOCK 1 - KINLOCH PARK AMEND ORD. 8227 MAKE CITY MANAGER RESPON SIBLE FOR ART IN PUBLIC BUILDINGS AND PROVIDE FOR EXPENDITURE OF FUNDS ACCEPT PLAT - HALF MOON SUBDIVISION ACCEPT PLAT - EDISON PLAZA ACCEPT PLAT - KREIDTLAND SUBDIVISION ACCEPT PLAT - MICANOPY WOODS - replat of Webster Subdivision ACCEPT PLAT - IRENE'S SUBDIVISION ACCEPT COMPLETED WORK - NORTHERN DRAINAGE PROJECT E-32 ORDERING RESOLUTION - N. E. 59 STREET HIGHWAY IMPROVEMENT H-4392 AUTHORIZE CITY CLERK TO PUBLISH NOTICE OBJECTIONS TO ACCEPTANCE OF COMPLETED CONSTRUCTION -FASHION SANITARY SEWER IMPROVEMENT SR-54-2-C AUTHORIZE CITY CLERK TO PUBLISH NOTICE OBJECTIONS TO ACCEPTANCE COMP,CONSTRUCTION SO.BAYSHORE DRIVE SIDEWALK IMP. SK-4281 AUTHORIZE CITY CLERK TO PUBLISH NOTICE OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK SOUTH BAYSHORE DR.HIGHWAY IMP. H-4342 AUTHORIZE CITY CLERK TO PUBLISH NOTICE ACCEPTANCE OF COMPLETED CONSTRUCTION SOUTH PINEMOUNT SANITARY SEWER IMP SR-5242 ORMANCE 00 RESOLUTION NO RES.7S»641. RES.75a642 RE5.75-643 RES.75-644 RES. i5-645 RES.75-646 ORD. 8419 ORD. 8420 ORD. 8421 ORD. 8422 RES.75-647 RES.75-648 RES.75-649 RES .75-650 RES.75-651 RES.75-652 RES.75-653 RES.75-654 RES.75-655 RES . 75-656 RES, 75-657 PAGE N 11.9 119 120 120 120 121 121 122 122 123 ---'. 123 124 124 124 125 125 125 126 126 126 127 INDEX MINUTES OF REGULAR MEETING l ITV COMMISSION Of MIAMI, FLORIDA ITEN NO, SUBJECT mamilwimilm"111"Imwm°1".ANCE OR RESOLUTION NO i PAGE NO, 71. AMEND APPROPRIATIONS ORDINANCE NO, 8316 ACCEPT $354,254.00 FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS - 1972 72. ALLOCATE $50,000 FOR PURCHASE Off' MATERIALS AND CONTRACTUAL SERVICES FOR ALTERATIONS AND ADDITIONS TO CITY BUILDINGS 73. ALLOCATE $110,950 FOR PURCHASE OF LAND- SCAPING AND IRRIGATION MATERIPLS USED IN VARIOUS 'CITY PARES 74. 75. 76. 77. 78. 79. 80. 82. 83. 84. 85, 86, O1 t. 8423 is.7Sa658 RES.75-659 ALLOCATE $144,225.00 FOR PURCHASE OF PARK FURNITURE AND PLAY APPARATUS RES.75-660 EXECUTE COVENANTS TO RUN WITH THE LAND PARCEL 2 and 4 - LATIN RIVERFRONT PARK RES.75.661 AUTHORIZE CITY MANAGER TO NEGOTIATE WITH DADE COUNTY FOR UTILIZABION OF H.U.D. CONSULTANT- EXPANSION OF RECREATION BLDG. SITE 304, CENTRAL MIAMI PROPOSED PARK RES.75-662 AMD. ORD. 8115 - CHAPTER 34 CODE DEF AMENDMENT TO PARKING LOT LIGHTING ORDINANC: FIRST READ. APPROPRIATE $4,000 FROM MARINE STADIUM FUND BALANCE FOR PURCHASE OF COMMUNICATION EQUIPMENT TO IMPROVE SOUND SYSTEM APPROPRIATE $4,490 FROM. MARINAS FUND BALANCE TO PROVIDE FOR REMOVAL OF ABANDONED DERELICTS IN DINNER KEY MARINA ALLOCATE $50,000 FROM PARKS FOR PEOPLE BOND FUNDS FOR CONDEMNATION PROCEDURES LAND ACQUISITION FOR MISCELLANEOUS PARKS AMEND CHAPTER 3 OF THE CITY CODE ALCOHOLIC BEVERAGES- REPEAL SEVERAL SECTIONS AUTHORIZE CITY MANAGER TO NEGOTIATE WITH JONATHON SEYMOUR, DAVID SCULLY, HENDERSON ROSENBERG AND ASSOCIATES AND RAY COLLINS ASSOCIATES FOR PROFESSIONAL DESIGN SERVICES FOR FT. DALLAS PARK ACCEPT DEED OF DEDICATION —SITES 308 & 321 FOR EXPANSION OF DIXIE PARK WAIVE RENTAL FEE - MARINE STADIUM "STAR UNDER THE STARS" SUMMER SERIES SPONSORED BY THE MIAMI HERALD WAIVE RENTAL FEE - BASEBALL STADIUM LATIN AMERICAN & FREE CUBANS ACADEMY BASEBALL SERIES ISSUE WASTE COLLECTION LICENSE MILLO TRASH SERVICE ORD. 8424 ORD. 8425 RES.75-663 ORD. 8426 RES.75-664 RES . 75665 RES.75.666 RES.75-667 RES,75 668 127 128 128 128 129 129 129 130 130 131 131 132 132 133 133 134 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO. 87, 88, 89. 90. 92. 93. 94. 96. 97. 99. 100. 102. 103. SUBJECT CLAIM SETTLEMENT tbNA PEARBON ADVISORY COMMITTtt ON SUSsTANCE ABUSE AUTHORIZE ADDENbuM TO AGREEMENT WATSON TREE SERVICE - GRIND STUMPS INSTEAD OF REMOVING PALMS ALLOCATE $40000 PROFESSIoNAL & TECHNICAL SERVICES AND $7,000 INCIDENTAL ExPENSE ACCEPT QUIT CLAIM FROM DADE COUNTY TRACT "A"- MIAMI MUNICIPAL TRACT S. to . CORNER N.W. 20 STREET & 12 AVENUE URGE AND ENCOURAGE PURCHASE AND USE OF LOCAL PRODUCTS AND SERVICES ACCEPT BID - UNIFORMS FOR VARIOUS CITY DEPARTMENTS ACCEPT BID - VEHICLE PARTS & ACCESSORIES FOR DEPT. OF PUBLICPROPERTIES ACCEPT BID - HEAVY EQUIPMENT, PHASE II FOR DEPT OF PUBLIC PROPERTIES RESCIND BID AWARD TO MINORITY SYSTEMS INC. FOR ORANGE -BOWL WATER MAIN IMPROVEMENTS AUTHORIZE ISSURANCE OF TEMPORARY TAX ANTICIPATION BONDS $1 250.000 GRANT FREE USE OF BAYFRONT PARK AUDITORIUM OPPORTUNITIES INDUSTRIALIZATION CENTER INC. OPERATOR OF SUMMER TEEN EMPLOYMENT PROGRAM END OF SUMMER AFFAIR FOR YOUTHS SUPPORT PASSAGE OF INTERGOVERNMENTAL COUNTERCYCLICAL ASSISTANCE ACT OF 1975 BRIEF DISCUSSION item "F" $25,000 FROM DAY CARE FUNDS - ITEM WAS WITHDRAWN AFTER BRIEF DISCUSSION AMEND ORDINANCE NO. 8316-APPROPRIATE $4,101,90 UNANTICIPATED REVENUES FOR. INTERNATIONAL FOLK FESTIVAL AND INTERNAT- IONAL BALL URGING RESIDENTS OF THE CITY TO ASSIST IN RESETTLEMENT OF INDOCHINA REFUGEES BRIEF DISCUSSION ITEMS AND ADJOURNMENT OF MEETING ORDINANCE OR RESOLUTION P4o. PAGE NO. REs.75-660 FERRE RRS.75.670 RES.75-671 RES.75-672 RES.75-673 RES .75-674 RES .75-675 RES.75-676 RES75-677 RES.75-678 RES.75-679 MOT.75-680 DISCUSSION ORD. 8427 RES.75-681 DISCUSSION 14 134 135 135 135 136 136 136 137 137 138 139 139 140 140 141 141 • lik VMS T.PFAitAll VrEITNA Or THECITY..COMPISSO orMIAM?. LORIDA ON THE 17TH DAY OPJULY. 1975, THE CITY C is oP M t,FLORIDA MET AT ITS REGULAR MEETING PLACE IN THE CITY HALL, AN PMERICAN IAMI, FLORIDA IN REGULAR SESSIONI THE MEETING WAS CALLED TO ORDER AT 9:07 0LLOCK A4 M• BY MAYOR MAURICE A. FERRE WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT ALSO PRESENT; ��i(�) GORDON NBs€Nr: issia�7�oGl�sc� � IC ISS MAY. J. L, PLUt7 R) JR, MANOLO MAYOR 14URICE A, hERRE P W. ANDREWS, CITY MANAGER A. P. COUCH ASSISTANT CITY MANAGER JOHNS YD, Cr'rA ORNEY RN, t,ITY LERK RALPH b. UNGIE, ASSISTANT ITY CLERK An invocation wa4 de Lvened by Revehend Gilman who then .£ed thobe pnesent in a pFedge of attegi.ance to the Slag. A motion .to waive the heading oti the minute4 waa intlroduced and b econded and wa4 pa. 4 ed unan moub Iy. ONERC PERSONAL APPEARANCE OF MR, MAURICE GUSMAfd PTESEt.TAT (JN QQ "GUSMAN HALL" TO THE CITY OF MIAMI OrF-S'' ARK. t\u hi. TO OPERATE AND ARRANGE SPECIAL MEETING TO AO NOR ETC. Mayor Ferre: We have this morning; ladies and gentlemen before we get to our regular agenda we have today an especially, to me, exciting - and I'm sure everybody is going to be thrilled by what will happen in a few minutes here. I would like to intoduce a man who has Leen a symbol in this commun- ity for many years not just of philanthropy but of the great qualities that make this such a great country, a man who has through his work through his hard intelligent andprudentfunctioning and as he always points out through the great opportunities that this country has given to him, that combination - that wonderful combination of the great country that gave the man the oppor- tunity but also the great man that was able to take the opportunity and do something with it. Maurice Gusman is really by himself a source of not only pride but a source of encouragement, a man who stands as a symbol, a man who is an incentive to all of us who also work in the vineyard to continue working with faith with optimism with a sense that there is a better tomorrow. There is a very simple word for it,for this optimism and it is hope. Here is a man who lives with hope. Here is a man who by his example gives others hope and he has an announcement to make at this time and it is my pleasure and my distinct honor to recognize Mr. Gusman. Mr. Gusman, if you would address the commission from this microphone I would be most grateful. Mr. Maurice Gusman: Mr. Mayor, ladies and gentlemen, I am thrilled to listen to your introduction.` I'm afraid you're exaggerating a little bit anyway I accept it just like it was coming to me. What do you want me to tell the people here today, Mr. Mayor? Do you want me to tell them about the gift that I'want to make to the city? Mayor Ferre; I think that would be very appropriate, Mr. Gusman. If you would like to do that I think something like this is so important - this is you, this is what you are doing and I think it is you who ought to announce this, Mr, Gusman; Well, I like to be praised, everybody else does too and I'm no different but I'd like to make a statement that there are people in this city and in this room that are doing more for the good of the city than my contri- bution. A11 I'm giving is money, Money is not so important, It is only import- ant to the people that need it and haven't got it, $ut once you get it it loses ith iTpbttatlte. ROL... WY t baliave that there at M 4 and t ' ' i id tiaM may; PH just hams a tet# In th:s MN: Miteha1l Woltaot mho has btef'i the thesis that t tried tb tOpy, Vitt beets watching him ttbt the first tithe that t tame to this city Atilt me moved here ift 1§47 t know that he is devoting more of hie time tb tiie good of the community than to his bitfti Wainaaas Another tiiati, Hank Meyer. I see him to ►erevet t 'go. Wherever ti 'ete it a meeting for the goad of the 'cetmuhity we find Hank Meyer. And t could keep 6h, there are very many, fide are very lucky in our community to have the very fide group of citizens, 146w many cites in our country have mayor like burst We're lucky - jutt a lucky break that we get those things, 1 could keep Oh talking, talking about all those thitng§ but t feel that t shouldn't take up too much time on this. Thank you for saying those hide thins that you said about Be and 1111 promise you that till keep on working for the good of the cttmntthity as long as I can. Thank you again, thank you people for listening. Hank Meyer is reminding me that I tame here to give you the Gunman Hall, the theatre in the Olympia Aiding. It is a 10-story office building. It had mortgages Oh it, it had other liens, we cleaned everything up - it is free am clear. I don't know if it is worth $1,000,000 or $10,000,000, it makes no difference, It it what we are going to put these buildings to use, Honestly, we want something happening there every day and every evening, We want to bring people downtown where they belong, All you people are youngsters by comparison to me. I'm 90 years old and 1 remember many many years ago that downtown was the most important part of the city, it was the heart of the city. And then it got so the cities began mak- ing mistakes, moving away from downtown and downtown became a no-man's land, I know that what we are doing is good for our city because I want to tell you the good that the necessity for life downtown; we opened up the theatre on the 28th of October 1973 (1972 or 1973?). The night before nobody would dare walk on tlagler Street and from that evening on there has never been an unpleasant- ness happening on Flagler Street, there has never been a pocket picked. There has never been anything. There have been a lot of people, a lot of light, a lot of police and everything, it brings life back and it increases the value of the downtown property owners and this is the product we want, to bring back life downtown. I think I've said enough, thank you for listening. This is the deed to the property. This includes the theatre and the 10-story office building, there is a lot of income. Mayor Ferre: Ladies and gentlemen, Hank Meyer and Mitchell Wolfson have been, this of course is an act of generosity on the part of Maurice Gusman, but Maurice Gusman has good friends and they have been very much instrumental and, involved in this whole process. At this time I would like to recognize Colonel Mitchel Wolfson who of course, we all know as a distinguished member of our com- munity and ask that he address this commission. Col. Mitchell Wolfson: Mr. Mayor, ladies and gentlemen of the commission, Mr. Gusman was I'm sure very modest in his statement that this property would be turned over to the city without mentioning the actual value. He has spent $5,000,000 for rehabilitating, purchasing this property which I think is a wonderful thing that he is doing for our community. I want to take this oppor- tunity to thank you, Mr. Mayor, for your cooperation and the help you've given this small committee that we've had in order to pursuade Mr. Gusman which was practically not necessary, to make this gift. And it is due to your effort and I'm sure of the effort of the public commissioners here today to make this really a monumental event in our city. 'It is very seldom that we have the opportunity to receive a gift of this magnitude without any strings attached to it. It will be something that the community can use for many yearsto come and it will be very helpful to our cultural development which is just as import- ant in any community as all the physical needs of our community. And certainly every public building that we build in this community or receive not only should be functionally well as this building is, but also aesthetically well. I think that this thing Mr. Gusman is doing I hope will set an example for other good citizens to come forward and make other contributions to our good city. Mayor Ferre: Thank you very much, Colonel Wolfson. I might point out maybe we can go into a little bit of a discussion on this; is that in our conversat- ions it was Mr. Gusman's will that this be run by a group of business people who would know how to operate something of this nature so that it would, as it is now, be a profitable operation. We discuse.d this and it was Mr, Gusman's thoughts and yours, that this should be operated by the Off -Street Parking Authority which is already a constituted board which is functioning, has a staff, has a wonderful track record and has exactly the type of business people that Mr. Gunman was referring to, and of course, very ably chaired by yourself, Would you comment on that'? , l t i'., 1 7197 5 • Cots W il.tton: It: Mayor., of COUfte we have plenty to do but 'vie think this t so important for the city that if the City wants tit to operate this feta ity for the city at we do with other facilities that we at tespoisible fot We will accept it. We aro not seeking it but we think it would be a good idea to have s me enthotity operate it so the city is hot burdened with another facility. There is oho thing absolutely cortect and thitt be done and there will be hO taX money involved in this whatsoever $= The building will be supported by the intent and the revenue of the building. As i understand it the rent from the building and stores hOW is some 0o,0Ob a year and the ih 6?he fruit the theatre whenevet it is rented to outside people will also help support it arid, of course, it will be available without charge if we have anything tb do with it and 1 think it will be the city's desire, to those organisations that cannot pay for it but wish to serve a community need. Mr. Mayor, if you and the commissioners want us to operate it we would be glad to do so. the would I will tell you this in advance, appoint a citizens group, an advisory citi.ens group and on that group we would insist there be a Latin because we now have a large Latin population in the community; there would be a black because we have a large black community that also should be entitled to use this facility and that we will try to select the type of citizens that are dedicated to the culture of our community. Mayor Ferret Thank you very much, Colonel Wolfson. Rev, Gibson: Mr. Mayor, what he says makes sense to me. Do we need a motion? Mayor Ferre: We need a series of motions. Now the first one, I think, Mr. Lloyd, I need your help on this. The first one would be accepting this warranty deed and thanking Mr. Gusman. Mr. Lloyd: Yes, you may make such a motion at this time. Mr. Andrews and I have discussed this, we are prepared to suggest that we present the formal resolution. Mr. Andrews thought that it might be well to work it out with the Publicity Department to prepare an appropriate formal resolution for formal presentation at the next commission meeting. Mayor Ferre: But this is just one of intent. motion to accept the deed. The following motion was introduced by Commissioner Gibson moved its adoption. o if someone will make a MOTION NO. 75-606 A MOTION ACCEPTING THE WARRANTY DEED TO GUSMAN HALL AND EX- PRESSING APPRECIATION TO MR. GUSMAN. Upon being seconded by Commissioner Gordon, the and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Rev. Theodore Gibson Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Manolo Reboso Mayor Ferre: Now, we need a motion instructing the City Attorney and the City Manager to prepare the necessary papers so that the Off -Street Parking Authority would operate this city property. The following motion was introduced by Commissioner Gibson who moved its adoption. MOTION NO. 75-607 motion was passed A MOTION INSTRUCTING THE CITY ATTORNEY AND THE CITY MANAGER TO PREPARE THE NECESSARY DOCUMENTS TO ENABLE THE OFF-STREET PARK- ING AUTHORITY OF THE CITY OF MIAMI TO OPERATE GUSMAN HALL. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote- AYES; Commissioner Rose Gordon Commissioner Rev, Theodore Gibson Vice Mayor J.L, Plummer, Jr, NOES; None, Mayor Maurice A, Ferre ABSENT; Commissioner Manolo Reboso ��t', 1'71975 NOES: ABSENT: Mays: perrei NbW# likhihk we teed a ttotioih to instill/ the Mahatjeg to rind the funds along With the '6rtsEtrett Parking Authority for a lunch()ott or an ar'r it that we Will then start oft by having a rormal meeti it ih which this all can ise done properly, formally abd we oan•also have a tecognitioh of Mti cusftail ih a public function4 l would like to get Llu Chamber bE COMAdtee involved in that because we have a representative of the Chamber of Coffterte, Mr. :rester Freeman is out of tfth today. The rolloWing motion was thtroduced by COMMiStiOhtt Gibson who mote its adept .o MOTION NO. 75.868 A MOTION INSTRUCTING THE CITY MANAGER To t"tMb A aouReE OP t't9NbS' TO PAY THE Cost OP A SPECIAL CITY COMMtsstON MEETING AND LUNCH- EON TO fat; M Lb Al' GUSMAN MALL IN HONOR OP MAURICE OUSMAN, Upon being seconded by commissioner Gordon, the Motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Rest. Theodore Gibson Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Terre None. Coitimissioner Manolo 1 ebosb. Reverend Gibson: Mr. Mayor, I don't want to miss this opportunity to make this comment. I think perhaps the most important thing this morning that took place was not so muchthe gift we got as the example I think it set for those young people sitting there who are in school. And why I think that is so important is perhaps these young people will as they go along remember this incident and not only the gift but the giver, and he has set an example and set a tone for this community that I hope and trust that as they come up in it they are fortunate enough to acquire some of the world's goods that they would remember as a friend of mine,' Elliott Bloomingthal, always said, "The property is owed or due -some of it is profit". And the point is the fact that you, the young people come up here in this community is good to you and you have made it that you should do like Mr. Gusman-you ought to make it your business to share whatever you have learned and ac- quired with this community. I'm grateful for this sort of an example more than the gift itself but for the giver and the teaching and the example that is set. Mrs.` Gordon: Those are beautiful words, Father Gibson. I think those words ought to be put in the press and repeated to all the children in this commun- ity to inspire them. Mayor Ferre: I would like to instruct the Clerk's Office to put down all of the comments that have been made here and send them to Mr. Gusman so that he'll have them for his records. Col. Wolfson: Mr. Mayor and members of the commission, I want to take this opportunity and liberty on behalf of the community to thank you for what you've done here today. You haven't built a great bridge, you haven't improved our water situation, you haven't even improved the traffic and the parking but you've set an opportunity for the community to go forward with its cultural needs which have been so sadly neglecting in the past. And Mr. Gusman, thank you very very much for your very generous gift and thank you ladies and gentle- men for your acceptance in behalf of the city so that we can have some better and more culture in our city. Thank you. Mayor Ferre: Thank you. Mr. Gusman, I know you have to get back to your busy schedule but I think following Father Gibson's statement here I would like to introduce to you Mr. Jeffrey Garland. If you'd stand up, Jeffrey, who is the president of the 7th grade at Miami Beach High and he happens to be, by the way, the nephew of our own Major Leroy Smith so he is related to the City of Miami. I would like to introduce also Mrs. Abrahams and Lori Schmidt from Miami Beach High, And now I would like to introduce the whole class, We thank you for being here. Mr, Jeffrey Garland: Thank you, Mayor Ferre, We, the students of Miami Beach Senior High know we have a great honor of being here today, We would like to thank and as Mr, Gibson said us young people will have a chance to give some- thing in the world, Later on I would like to be sitting right where you are now as I come up in the world, Thank you, JUL 171975 9?S a LAN t US JIS,..OSSION ITEMS INTAODUCt tt tftUMPTON ,IS' P Ctt t Art RESENtA1't 6N to I# P. II t CKMA ONbOLLNCE 1EAtH OF 4OO1Y YE roAD 'oM" Ii4toN R 1,1aBosois. tNJIJRY Mt. Aidreids: Mr. Mayor and members of the tofilhis§i6ht 1 realize we have a vary long agenda but i do wait to introduce formally out held, Atsiatant City Manager for Community bevelop eht, Mt► Charles Crutipton to the City Coi mia- aicn. t've sent you a memorandum outlining and applauding all of his Atot* plish cents. Mr. 'crunipton in my opinion is goitg to be a tre tendoue asset to the City of Miami, Since his coming to the city of Miami I want you to know that he has been elected as Chairtiah of the chapter President's Council of the AMerican Institute of Plant ere and member of the board of GoVerhors. 1n other words he is the National President of all the state chapters of the American Institute of Planners ih the Unites' States and that ie quite an accomplishment, so we are really honored ih this individual. Mayor ere That's wonderful, congratulations to yov, Mr. Cruitptoh. Mr. Charles Crompton: I'm pleased to be here, Mr. mayor and CoMmissioners, I do want to come around and talk with each one of you individually and find out your concerns cause your concerns are My concerns and they're the commun- ity's concerns and that's exactly what we :cant to get down to business to is solving the community's concern. I appreciate being aboard and that's where I'm going, is get busy. Thank you again. Mayor Ferre: Mr. Crumpton, I might add that in my personal dealings with Metro through the years while you were working there I never, and still to this day and I hope I don't offend anybody over there, met somebody who has that wonderful combination of being idealistic and wanting the better things for the whole community and at the same time balancing that with a practical approach and getting thigs done. I think that we've had a lot of great days in the City of Miami in the last couple of years and one of them was when Paul became the Manager and I think another one was when we had one of our own become Chief of Police. I think the fact that you're coming on this ship is a clear indication of several things. I just want to take this aside to say it: There are a lot of people who are casting doubts about the credi- bility and continuity of the City of Miami. But when I see people like Maurice Gusman give the City of Miami and not somebody else which he could have given it to anybody. But when he gave the City of Miami Gusman Hall I think this was a clear indication on his part that he recognized that the City of Miami was the best repository for him to put his $5,000,000 of prop- erty. And the fact that you, and again I'm not casting any dispersions, I'm sure that you're a man that could get a job almost in any governmental entity that you wanted that you would want. It's not a question of us select- ing you it's a question of you selecting where you want to work. Now I know that much about you and I know that you have that type of power that you could get any job within reason anywhere you wanted in this community or outside of this community. The fact that you accepted to come to work with the City of Miami to me is a great encouragement because it tells me that somebody else that I greatly respect like Mr. Gusman and yourself feel that the City of Miami has a future. And for that I thank you and welcome you as Mayor and I'm sure the members of this commission and everybody here feels the same way, so welcome aboard, Charlie. Mrs. Gordon: Can I say a personal word of welcome because I've know Charlie for quite some time through Planning and I do welcome you aboard. Good Luck. Rev. Gibson: Mr. Mayor, you know I listen to you and I thought of it when Mr. Gusman was here; all we have to do is pick up the Herald for yesterday and see what Mr. Pennecamp; read Pennecamp's editorial - very very astute. Pennecamp raised the question about Coral Gables, Hialeah, North Miami and you know he didn't say we should exist but he made it clear to me that maybe we have a reason for existing. And I'm glad to see that because the other boys who've been writing didn't write that way. They said lock stock and barrel we ought to give it up. Pennecamp didn't say that. I hope we'll read between those lines and when those other fellows talk as they do we'd better say to them, "You'd better read Pennecamp's editorial." Mayor Ferre; All right, Before we get into the main public hearing, Item #3, Vice Mayor Plummer has something that he wants to announce, Mr, Plummer; Mr, Mayor, very briefly, as you know Mr. Andrews and I have just returned from the Sister City Program for a trip to Columbia in which JUL 171975 fortymfo it prOttiiheht Miallaht VthtUted abft b l Vl l& fill a VbbdWill unlit. During the visit otne of the chiigg that took place could hot take place because of the absehde of the Fire Chief acid I'd like to ask Doi 1#itkTh&h to &At up het with us now. Nft% Mayor, sihee you ate bi-lingual-most bf the titre-1 will ask you if yott will read this declaration as Mir Ahdrews pifis tpiitt our Fire Chief t akihq hal Ah honorary toiNhandtr of the Fire thief of the 'City of Ptsgota, a city of almost 5,06b,00b people Whose nerds of fire help are great and this eity has gone a long way to help the people of the City of Bogota which is our tither 'City and with a little bit of luck I hope to venture text month for two days for the presentation of a surplis fire truck from the eity to the City of DOgota. If you would read this, Mr. Mayor, I' 1 ask Mr, Andrews if he will to pity the decoration btn Chief Rickman, Mayor Ferret I Might add that there is some hope for Vice -Mayor Plummer. His family just cane back from Columbia and at least one of the members of the family new speaks Spanish, the little baby. This cotrnmendatioh reads at follows: Republic of Columbia, Bogota, Federal District, The Fire Department, the Mayor and the City of the Federal District by Decree691, signed on the first day of duly of 1975 confirfis upon Donald A. Hickman the award of "tag1e of Hire'". of course, we've always know that Don Hickman was an eagle but noW I'm glad to see it officially confirmed signed by the Mayor, the Secretary of Government and the Fire Chief of that wonderful city, Chief Hickman: May I thank you, Vice Mayor Plummer, for bringing this decoration from Bogota to me. I want to thank Bogota and particularly the Fire Chief of Bogota, Chief Madina for giving our Fire Department this honor. This sets or firms up our friendly relationship that I know will grow between our departments and enhance our cordial relationship that we now have. In the name of the City of Miami Fire Department, Chief Proley, Chief Brice, myself, I thank you very much. Mayor Ferre At this time I would like to ask Joan Hall to step forward. Just a moment ago I mentioned the passing of Woody De Ford and I would like to at this time present this resolution to Joan on behalf of the city in the name of the De Ford family and of Channel 4. A resolution expressing the deepest sympathy and condolences of the City Commission to the family' of the late Woody De Ford. Whereas Woody De Ford, veteran cameraman for WTVJ, Channel 4 and the dean of the areas Tv's news camerman died on Sunday, July 13th in Tallahassee, whereas Woody De Ford was born in Richmond, Virginia and started his career in Miami about 25 years ago as cameraman for the old WITV Channel 17 and joined the staff of Channel 4 in 1961 and Whereas Woody De Ford distinguished himself by serving 20 years in the Coast Guard shooting combat film, Now Therefore, Be, it Resolved by the Commission of the City of Miami, Florida' the City Commission now hereby expresses deepest sympathy and condolences to the family of the late Woody De Ford whose passinghas deprived this community of a most respected leader of the areas TV news cameramen and indeed a very dear friend. Mr. Plummer: Mr. Mayor, I think for the record it should reflect that the absence of Commissioner Manolo Reboso today is only due to the fact that he sustained a very serious back injury the night of the 4th of July when he was walking out ofhis house. It had been raining, he has some very slick tile in front of his house, he was carrying the young baby, he fell, injured his back. Thank God the child was not affected at all and he will be com- pletely and totally confined to bed for approximately 6 weeks. I think that the record should reflect why his absence and I'm sure we all send him for a speedy recovery. RESOLUTION 75-608A A RESOLUTION EXPRESSING THE DEEPEST SYMPATUY AND CONDOLENCES OF THE CITY COMMISSION TO THE FAMILY OF THE LATE WOODY DEFORD, VETERAN CAMERAMAN FOR WTVJ, (CH4), WHOSE RECENT PASSING HAS DEPRIVED THIS COMMUNITY OF A MOST RESPECTED LEADER OF THE AREAS TV NEWS CAMERAMEN ONFtRt tN R 0 REVY1 U?tON FLAtLtR STRtET I4t t4wAv IMPROVtMDIT EXTDISION 14_ 91 The Mayor annt uneed that the City CoMMistion was 1 W read` tei hear oNeetionA to the proposed improvement. NO OHJECTOAt APPEAREO. The following resolution VAS i itre duoby COmmi aOher Plummer, who moved its adoption: • RESotUTIiN NO6 7S-609 A RESOLUTION CONEI13MING ORDERING RESOLUTION NO. 7S-SS ANb AUTHORISING THE CITY CLERK TO bRTISE EOk SEA?.Eb EMS EoR THE CONSTRUCTION OP PUGLER STREET HIGHWAY IMm PRoV M NT EXTENSION H-4191 IN PUG= STREET HIGHWAY IMPROVEMENT EXTENSION DISTRICT H-419i. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution Was passed and adopted by the following Vote. - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gorton and Mayor Ferre. NOES: None. ABSENT: Commissioner Manolo Reboso CONFIRMING ORDERING RESOLUTION JEFFERSON U GE{ AY IMPROYEME.NT K-435Q The Mayor announced that the City Commission was now ready to hear objections to the adoption of a resolution for confirming the assessment roll for con- struction of Jefferson Highway Improvement H-4350. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-610 A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF JEFFERSON HIGHWAY IMPROVEMENT H-4350 IN JEFFERSON HIGHWAY IMPROVEMENT DISTRICT H-4350,+AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT CERTIFIED HEREBY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Commissioner Manolo Reboso JUL 171975 • i t MNANC ,AMENDMENT _ STA MI tfitStDEN AL OHO tO. I ittT Ae.A13fNt 'nRD1NAf4.tt Mr. George Acton: Mr. Mayot, members of the cottMiebion, this is another in a series of recommendations that have tome to the tOMMibbibh trot the Planning Advisory board based upon the Bianninc Study for COcibrat Grove. if you recall, at the time this Bate before the tellMiStiOt to before the bisttict it was the with of the tOMMi nigh that both the district and its application appear before the cornmi sign at the tame time. Now this particular district was designed primarily to provide a toning dist- rict along 27th Avenue and certain selected areas of Coconut Grove that would provide for a Mixture of low density residential and office develop- tent. it is applied along the entry to Coconut Grove, It hopes to perpet• uate the type of development that has taken place on 27th Avenue refer to the development of small scale professional office buildings that are in conformance with the type of scale that is sought for future development in certain selected areas of Coconut Grove and t refer the commission to the memorandum that was written that summarises the types of provisions that are contained in the tt-CC District. And if you note, there is a bonus provision in there for the developtnient of mixed use buildings along 27th Avenue together with provisions for certain types of commercial uses as a conditional use. If the commission looks at the application of this district it is to be noted that not in every case would commercial uses be appropriate and I refer specifically to such areas as Trade Avenue which the commission can recall one of the objections was presented by Mr. Mike Calhoun; another lady property owner who's property in it at the point of Dixie Highway and Bridgeport. Now these two areas certainly would not be appropriate for certain kinds of commercial use. However, along the 27th Avenue corridor and in the area that lies along Bayshore and Aviation com- mercial uses would be appropriate provided that certain types of amenity were provided with the commercial uses. Mayor Ferre: Any questions of Mr. Acton? Are there any objectors present? You are an objector? Well, why don't you come up to the microphone, your name and address for the record and then your.... Mrs. Mary Berger: Mary Berger, 1717 S.W. 17th Court. I believe he just referred to the lady that owns the property at Bridgeport and S. Dixie Highway and that would be me. Mr. Acton: That's correct. Mrs. Berger: And I didn't understand you fully. You object to it as com- mercial? Mr. Acton: No. I said not as office. In other words, the basic intent of this district is to provide for professional office in connection with residential use. If you look at the district you will find that there are certain types of commercial uses that might not be appropriate for certain residential locations. I refer specifically to such uses as delicatessens and other... I understand that..., drugstores, newsstands, grocery, that type of use is what I was referring to. Those are allowed in the R-CC District. Mrs. Berger: Those are allowed. Mr. Acton: As a conditional use only but as a matter of right if this is applied to your property you would be allowed to build a professional office building or,.. Mrs. Berger: Would a conjunction, of first floor stores, second and third floor offices be allowed? Mr. Acton: Yes, that's right. It is a mixed use building. Mrs. Berger; Then this R-CC will be final as of this meeting? Mr. Acton: No, this is only the first reading, Mrs, Berger; The first? I understood it was the final. I've been coming here since February. This i$ about the 7th or 8th time I'm here and I can't make head or tails; it's holding up the sale of the property and I just keep coming here and being told to come again. I don't know what to do or to tell a buyer. JUL 171975 Mayor terra: What s e `i doall rs s Mrs. bergeri 1 teas R-C and then for erne reason t6Mtbhe said ich "oh simply threw is all off. NM it has beet, Chah ed to tvwet tallith it a pretty good 26hing. Mayor Perm: The reasoh Eat that is because there has heed some e6htusa for as to What exattiy ft'ret melt and we'tte been trying tb clarify to saris fy the various proble t of various property bwhtra who have had tbtoern. If R'CC satisfies you, as I understand you just said that it does that's the direction. Mrs. Hargett Yes, 1 think that is a reasonable tonititl for that particular corner aftet all it is bixie Highway. You oan't put a home there. Mr. Jack Rice: thank you, Mrs Mayor, members of the cott+Mi.ssior Mack Roe 2424 M.W. lst Street, Miami* Florida. I represent 1tessiers and Rober-tsbns who own property from Bayshore within approximately 100 or 1S0 feet of Tigertail on Aviation and it is the predominant area that is subsequently I believe you will get to that is scheduled to be R-CC. At the hearing before the planning _ Advisory Board the question of whether or not restaurant rises should be included MI in R-CC and the Planning beparttent had no objection to R--CC having restaurants included as a permitted use. In as much as it may affect My clients' property... Mayor Ferre: Which property is your's? Mr. Rice: On Bayshore across the street from, right there at Bayshore and Aviation. There is two apartments further north, six story. Mayor Ferret Would somebody move that map a little bit because I don't see what- it is that you're trying to change it to. See, it is cut off. It says R... Oh, R-CC. Now what is the property across the street? Is that R-C? Mr. Rice: Well, it is commercial and City of Miami uses. The property direct- ly across the street is a bar and a restaurant and a Marina and boat store with retail sales... Mayor Ferre: Why shouldn't that be R-C just like the property across the street? Mr. Acton: No, he's referring to the Bayshore Restaurant, Mr. Mayor which is. Mayor Ferre: Oh I know that but what I'm saying is you look across the street. Is that Aviation there? Well, that's R-C. Mr. Acton: That's right. But what you don't see is the R-1 Mayor Ferre: Where is the R-1? That's the R-1. I see. Mr. acton: This was an attempt to provide a buffer or a scaling down of the heavy residential -commercial uses that are to the south of Aviation. Mayor Ferre: Well, what is it you want, Mr. Rice? Mr. Rice: Right now, I would like to have included in R-CC restaurant uses. Mrs. Gordon: I would certainly be in favor of that. Mayor Ferre: Does that solve your problem? Mr. Rice; Well, it doesn't really solve my problem, I'm basically against the ordinance but if you'll do that I'll argue when it applies to my clients' property, Mrs. Gordon: I certainly believe if you can have a delicatessen how can you differentiate between that and a restaurant, that one is better than the other, I'll include restaurants as a conditional use, Mayor Ferre: Mrs. Gordon makes the motion that R-CC include restaurants as a conditonal use,Plummer seconds, Further discussion on this amendment? JUL 171975 _ a the preceding Jtit n to include restaurants at cb iditiota . to it the k.,edd bistrlct, was intrbehi t'd by Mts. tordo1, seconded by Mr. Plummer and passed and -adopted by the follewit g vote- 'yt tt Mrt . Cordon, Nr$ PlUMMet, 1 v Cibsoh and Mayor Perte. Nat: : %Me Ab§ N' Mt. tet oso. . Norman H9 teatherst I'm Norman Leathers, 841 Tiger Fail which is direet- ly across the Street where that "tt" is over the arrow. Now ih the original +cutout ltove Plan the very dark outline in that blue area was to be changed to k...CC totting. ftowever, there is a little corner that overlaps that which is P-1 and it is oh the south side of rigertail4 There are three houses there which is a natural buffer tohe to.begin with; Now all 1 eat see from this proposal is that they want to take those houses out for commercial devel= opmeht which is defeating the buffer Bone of having residential pieces directly across from where 1 live. Now if they're going to change this to it -CC and 1 end up with a 7-11 or a cleaning store,because it is obvious that with a god attorney Oh your side one can get this sort of business. I'tn going to have cars squealing in and out in front of my house and 1 just don't thick it is quite tight, if it is to save a buffer zone then we've got three houses... Mayor Ferre: out where it i Mrs. Gordon: Mr. Leathers: they take out ing store... Mrs. Gordon: Now, would you identify Your property. Would somebody point D . . . . It's eliminated, it's not included in the'R-CC. No, right, ma'am. But if you live right in that corner and the three houses that are opposite you and put in a dry clean - How can they, we're not changing that? Mr. Leathers: We're only talking about 20 feet. You see, there is still a white space on this side. Mrs. Gordon: The white space is R-1 as I understand it. Mr. Leathers: Exactly, but it goes further back. You see where the black line jogs? Mrs. Gordon: They couldn't cross the R-1 and build the commercial behind it to come in from the street. Mr. Leathers: But it's there now. Mr. Acton: The little corner is zoned R-CC but the reason we made certain commercial uses conditional uses within the R-CC zone was obviously to protect against that type of use occuring directly across the street from an R-1 zon- ing plus the fact that we did provide a 20 foot buffer strip between your prop- erty and the R-CC zone. Mr. Leathers: But what I don't understand is what can go in that 20 foot zone that is going to protect me from the sound? Mr. Acton; That's R-1 zoning, it is going to be open space. Mr. Leathers: That will be open space but it can also be just a divider strip to back off a parking lot, I'be got people screaching in and out of there now, with three houses let alone what is going to happen if he uses that area as a prking lot for his apartments on the back side which he has an entrance to those apartments on the back side now. I've got three houses that provide me a buffer automatically. I don't object to the shole change, _I think that is fine but in this particular plan they're including a little bit more than what was on the original Coconut Grove Plan, that little bit there. Mayor Ferre; Is that your property, Mr.,. Mr, Leathers: It's just, right there is my property. Mayor Ferre; I was talking about Mr, Rice's client's property. He doesn't represent that little corner there. Mrs, Gordon; I'm getting the drift of what you're driving at now. You're saying that in the original Coconut Grove plan the portion exactly where the arrow is JUL 171975 was lett kal atd efi it is Emit. Why, 'Mt. Aston/ Mr. Atthht tt it ore ownership that rubs from tayshote through to liqertaill # beg yot t pardots there is two sepatate ownership's. There ate two a*isting apartment buildings built pit those properties hOW acid they are used ih Lon tihdt Loh with the ekisting apartmeht sttuetutes. And reeo'gnitsing the fact that it is ohe owhetship we did tenter with the owhets°of those properties and we moved the ft..= & ing pattern tip to within al feet of 1igertail but still providing a buffet between`Tigertail atYd the ..CC tone much as we have doge ih other areas in totem* drove where we wattt tb provide protection for low density home owners lip whet it backs up tta a commercial tone Mrs, Gordont 1 understand your coteerh and l'm beginning to feel that he has something there. lees, in deed because what you're permitting by the extensioti is an ei tensioh of development, I'd like to hear all. sides;. Mr. heathers: After listening to the gentleman before me, hes asking to get a conditional use of restaurant. flow there are only those three dihky little houses there granted. tut if this comes under this type of zoning and these two apartment buildings own this area they can't possibly afford to keep those houses there, they have to turn it into commercial and he's asking for a restau- rant.. Mrs. Gordon: I would recommend that the line be moved back to the sathe line as it was in the Coconut Grove Plan. which was further to the southeasterly, westerly(which direction, it's an angle?) Thereupon the preceding motion, introduced by Mrs. Gordon, seconded by Mr. Plummer was passed and adopted by the following vote- AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner"Manolo Reboso. Mr. Acton: Mr. Mayor, I want to point out that you're on Item #5, not #6. Mayor Ferre: No, sir, we're on Item #5. Mr. Acton: This is the mapping of the district. Mr. Simpson Item #5 refers to the new district. The amendment that Mrs. Gordon made in reference to the restaurant is properly placed in Item #5 but Item #6 is the changes of zoning as mapped up here so we have to keep those separate. Mayor Ferre: Alright, we just voted on something in Item #6 and let the record reflect that when we come to it. Now, Ihave one question of Mr. Rice. Mr. Rice, I've got a letter here from Dr. James Robertson for the record. He says you represent him. He's not involved in this item, is he? Mr. Rice: Yes, he is. Mayor Ferre: Are you going to talk about it? Mr. Rice: I already talked, this is the R-CC ordinance itself and not the R-CC zoning. This isn't where it applies to his property. You see, until it applies to his property it is just another ordinance and when you apply it to his prop- erty then I want to make a statement if you're going to apply this. Mayor Ferre: That's Item #6 and at that time then you want to speak to it. Mr. Rice: Yes, sir. Mayor Ferre: I understand. Ok, we're on Item #5. Is there a motion on Item #5? Mr. Lloyd: Mr. Mayor, this is an ordinance we'll have to read the ordinance but first I'd like to instruct the Clerk to make the appropriate change to the ord- inance pursuant to your previous motion. Mr. Clerk, if you will look down to, under Section 2, Subsection 5 you'll find the following uses approved as a con- ditional use. You will add as (1) after (k) laundry agencies, (1) restaurants. Mr, Rice: I would like to have the entire commission here to vote on these ordin- ances because they certainly affect a substantial amount of property and a substant- ial amount of property rights, And without Mr. Reboso here none of thy clients which I represent considerable along S. Sayshore Drive are,.. 4 JUL 171975 Mayor tette Mr, Aie, t ththk that if pour.., tt fad people vote `left that the difference of th`e Vbte teally would hot m+ak@ that substahtial a difierehce, 1 think as this lady just po.itited out she's beer citig here since Jahuary t ii this Lt 11 acid t think if ,we're 'going to do toMethihg W&Ve gait to 'get going, Mr, Plummer: PlusMr, Mayor, there will be a sebbtid reading. Mayor Perret Ahd at that tittle, you cai7 of course, present atiy other bbjecta hire that you have. Mr Llbydt The second leading Will uhd Ubtedly riot be Until. the Repteft er Meeting because We Wb? i t have time to advertise between nOW arid July list. AN b1bXNANCE ENTITLEb= AN ORDINANCE AMENDING ORbtNANCE NO. 6871, THE COMPREHDNStVE ZONING ORDINANCE OP THE CITY OA MIAMI, 8Y ADDING A NEW ARTICLE x1-4-RESIDENT- IAL OFFICE, R.CC DISTRICT. PROVIDING ?OR INTENT, USE REGULATIONS, LIMITATIONS ON USE, AREA, YARDS, HEIGHT, LOT COVERAGE, FLOOR AREA RATIO, USABLE OPEN SPACE, LANDSCAPING, PARKING AND SITE DEVELOPMENT PLAN APPROVAL; REPEALING ALL ORDIN- ANCES, CODE SECTIONS OR PARTS THERE OF IN CON- FLICT INSOFAR AS THEY ARE IN CONFLICT; AND CON- TAINING A SEVERABILITY PROVISION, Was introduced by Commissioner Gordon and seconded by Commissioner Plummer and passed on its first reading by title by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Manolo Reboso. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. RECEIVE SEALED BIDS - S,W, 8 AVENUE SIDEWALKIMPROVEMENT SK-4387, This being the date and time advertised for receiving sealed bids for S.W. 8 AVENUE SIDEWALK IMPROVEMENT SK-4387, the Mayor announced that the City, Commission was now ready to receive sealed bids: The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 75-611 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: S.W. 8 AVENUE SIDEWALK IMPROVEMENT SK-4387. (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: Commissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor J. I., Plummer Mayor Maurice A, Ferre ABSENT: Commissioner Manolo Reboso AYES: NOES: None, 'JUL,171 7 Y1tPE CttVtb PFi( 1 P5t7Mt140, Pt5 P% is COnstrdtets, ifYd bick Mortoff Marke Ptothets tot, Not lnd a fix M. P. Cotpbratien Job Reif ettsoh Equipment Ct . oIland Paving 05s ihd s Irwin treenweli Inc. Trtpica1 ff dustries Int. RECE/VE SEALEb BlbS - DEBT 'GRAPELAND SANtTRAY SEWER IMPROVEMENT S «5 S7 C&s This being the date and time advertised for retreiving sealed Bids for WEST GRAPELAND SANITARY SEWER IMPROVEMENTS SR.5387.-C acid sk.,5187-8# the Mayor announced that the City Commission was now ready to receive sealed bids: The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 75-612 A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE FOR: WEST GRAPELAND SANITARY SEWER IMPROVEMENTS SR-5387-C and SR-5387-S (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 Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre ABSENT: Commissioner Manolo Reboso NOES: None. BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS: B. A. C. Construction Inc. Sullivan Long & Hagerty Goodwin Inc Chas F. Smith & Son Inc. JUL t iL ,' VIC/ JITS OP AVIATION AVENUE, 11ESt TRADE AVENUE/ 'CHANGE .OP ` NtNG : S411I 27 AVENUE, tIAD AVENUE AND GAAi4t AVENUE AND IB/ICUS (Etrst AE DtNA OreItNANtP1 Mayne Retret We will now hear the objectors, Whit) is the first speaker saw 8 hands, Mt, Lloyd: 1 t otder if fot the cehVefiience Of the Cofihisstbti if the objtotOr§ khOw which Idle they're referring if they would refer tin it at either 1tei 6,A, or 6,B, We're actually on 6,A, right now Mr. daek Rice: YO 're on 6 A. and My Item is 64H, Mayor ?etf a Alright* let's do them Ohe at a time then, Are there any speakers on Item 6,A,? Hearing none, I will now see if there is a fnotibt oh IteM 6,A, For the fourth tithe, are there any objectors that with to speak on ltein #6.A. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDWANCE NO, 68/1, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY of MIAMI, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 (ONE FAMILY) , R-2 (TWO FAMILY) , R-4 (MEDIUM DENSITY MULTIPLE), R-C (RESIDENTIAL OFFICE), R-CA (RESIDENTIAL OFFICE), C-1 (LOCAL COMMERCIAL), C-2 (COMMUNITY COMMERCIAL) AND c-4 (GENERAL COMMERCIAL) TO R-CC (RESIDENTIAL OFFICE) FOR THE FOLLOWING AREAS; AREA 1; BOTH SIDES OF GRAND AVENUE BETWEEN MARGARET STREET AND 2 LOTS EAST OF PLAZA STREET, AREA 2; BOTH SIDES OF WEST TRADE AVENUE AND S.W. 32ND AVENUE SOUTH OF DIXIE HIGHWAY; AREA 3; BOTH SIDES OF BRIDGE PORT AVENUE SOUTH OF DIXIE HIGHWAY; AREA 4; BOTH SIDES OF 27TH AVENUE BETWEEN S.W. 28TH STREET AND BIRD AVENUE AS SHOWN ON THE MAPS ATTACHED HERETO AND MADE A PART HEREOF, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING' DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN' ART- ICLE III, SECTION 2 THEREOF; BY WEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT;' AND CONTAINING A SEVERABILITY PROVIS- ION. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Manolo Reboso. CHANGE OF ZONING - TIGERTAIL AVENUE AND SOUTH BAYSHORE DRIVE Mayor Ferre: Now on 6.B., I'll recognize Mr. Rice. AREA NORTHEASTERLY OF AVIATION AVENUE BETWEEN Mr. Jack Rice: I'd first make the objection that the entire commission is not here and I ask that this matter be deferred until Mr. Reboso is well enough to attend. This only applies to one piece of property which my cliff. owns a majority interest and the people that own property further north which are the two apartment houses did object before the Planning Board and appeared at the Planning Advisory Board Hearing and I believe filed their objections. Mr. Plummer; How many other people are here in objection?' Mayor Ferre; Would you raise your hands, those that are as objectors of this item? One, Anybody else here as an objector? We only have two objectors then. Mr. Plummer; Let me ask one further question. Mr. Lloyd, this will take also a second reading? Mr, Lloyd Yes, sib', This is on first reading today, 14 JUL', it 1 1 Mt 9 Rice; Welli it Sill affects my clients4 righte.opetty titjht`s fitst of seeofid teaditi :. Mr, #'l. Mffter `_*es 1 'fit, ' it'e # but diwAct-.?ot 'r# l hai i Doily fie 'cl ebtled Wieh a full board sits. Mrs, Gotclbht is there any gi`eat objection ih elitttihat hg this small parcel from the total considetatioh today There is, CA, Mayor VetteNOW which parcel ate you talking about? Mts. Gorddh: The one that Mr. Rice is asking for us to delete. Mayor Terre: Which piece is that? That`s the blue orie there oh Aviation. Right? Mr. PlUMMert That's bounded on... Mr. Ricer Aviation, Bayshore and Tigertail. Mayor Ferret Now thereis a letter here from to read this into the record or not? Mr. Rice: If you would, sir. Dr. Robertson. Do you want Me Mayor Ferret This is a letter from Dr. James G. Robertson: I would like at this time to strenuously object to the passage of the newly proposed ordinance regarding the Coconut Grove Overlay District as it applies to my property. Would you define his property there. The property I own that would be affected includes apartments on S. Bayshore Drive, the Jamestown Apartments. Mr. Jack Luft: That is Item 9 now. Mr. Rice: That is Item 9, Jamestown. Mr. Luft: That letter is referring to the overlay district--SPD-2. Mayor Ferre: And on Aviation Avenue, Seabreeze Apartments. Mr. Luft: Yes, that's Item 9. That is the overlay district. Mr. Rice: No, Aviation does, Mr. Luft is wrong. Mayor Ferre: Aviation Avenue, the Seabreeze Apartments. Well, let me read into the record and make it extensive to Item 9. The properties above mentioned were bought under existing zoning regulat- ions subsequently I have paid taxes based on the zoning, I have paid towards the widening and beautification of S. Bayshore Drive and I've paid for sewer provisions under the existing zoning in each case. I would also like to point out that in all the years I've owned these properties never did I request an increase in zoning. Speaking now in specifics I would like to note the follow- ing: (1) South Bayshore Drive on either side of my property there are three buildings ranging from 12 to 22 stories high, one of which is still being com- pleted. (2) The City Building Code states buildings should conform to the average alignment and the setbacks of the building on either side. The new proposal .will break the alignment and symmetry in this area. (3) My property on Aviation is R-4 zoning but is surrounded on three sides by R-C zoning. This can only be construed as spot zoning. (4) The new proposed limitation on floor area ratio and height will lower the density point that it will no longer be economically feasible to develop in Coconut Grove. (5) Coconut Grove, an old and beautiful community can become neglected and run down with- out the economic incentive for development or restoration. In addition to my own personal reasons there is a real need in our community to allow contin- ued growth which the new proposal does not"regard. With approximately_60,000 people coming into Miami each year a great drain on our housing and job market will be created unless we begin now to look towards the future with adequate zoning. I had hoped to appear before the commission and personally pleade my case but as I understand the agenda today it appears I will be in surgery at that time, However, I will be represented by my attorney, Mr. Jack Rice, I am one of your constituents and have supported you before and will continue to support you in ny way I can show my appreciation, May I thank you for your consideration. Sincerely, James G. Robertson, This is sent to me, I have submitted it to the record, have copies made and pass out to the various members of the commission, fit; Jack Rice; My cents ohm the property oh sayshc and Aviat .oh Ubith is toiety the Ryder Building and was being used by the 'yacht dluli acrost the street and 1 don4t really know what use it pre'settiyf 1 believe it is Office use presently b'ei%g glade of it and also the property to the teat Or that Office Cn Bayshore extendihq up to the apartment house that is adjaeeht tb ' it ertai . First of all, this zoning as to this location Is the epidrffiy or spot gohing and the reason... •Just as to the Bayshore to ' itlertail and tt Aviation doh to South Bayshore north for approxiMately 10 building tote. the property to the north of my clients' property there is a sik story apart merit house and that six story apartment house is approximately 200 feet hbrth of iffy olients, property. (INAUDIBLE) And there is ahotherr three story apart. melt house right there and it is quite large and the lot area tatib tO the chits is quite heavily developed. Mayor Ferret You've got me lost. I thought that on that Corner there that was the Ole Pancoast, Ferandino... Mr, Rice: E 1 Mayor Ferret Well, there are no apartments there. That's right. Mr. Ricer No, but this R-CC includes the apartment buildings further to the northeast and they're saying that what we want is a separation between the R.-1 and the apartment houses and on Aviation. Secondly, there has been no change in the area except a change to a more commercial aspect in the last few years. Thirdly, the R-CC zoning and the Overlay District Zoning is predicated on the fact of conserving the charm and atmosphere of the Coconut Grove area. I might add that along S. Bayshore Drive there is no old buildings there. All of them practically have been developed since World War II and most of them within the last 3 years and the largest ones within the last 2 years. So there is no type of particular building quality or use that is being preserv- ed on Bayshore Drive. Now further up Bayshore Drive on the other side of the street which is east and north of the proposed R-CC running from Kirk street to the Coral Reef Yacht Club is a park and in that public park you have sail boat rentals. It generates a tremendous amount of traffic. As a result of your trying to condemn that park you attempted to attach the zoning of R-]. in order to keep the value of the property down, I don't know whether you did that to keep it down but that was the net affect. The Court in the Miracopa? Case and the Culbertson Case held that that property further north which directly faces R-1 on the other side of S. Bayshore Drive which would be north or north- east; no, that would southwest is R-1. The court in the Mircopa Case said that you had to rezone that property R-5 which is a much more liberal use than you're putting to this property that is even further down and further in a more commercial aspect. Now when you get down to Coral Reef and the other Bayshore Yacht Club both of those have'a restaurant and a bar and rent space for marinas. They are active marinas. Next to that is the former Yacht basin that has recent- ly went bankrupt, and now I understand is operated by the city.' There is a huge, boat lift that will lift boats up to 40 something feet; there is a boat rental and boat storage and there is a retail sales and this is directly across the street from my client's property. Further south next to the boat yard is Monty's Place. Now this is a commercial dock that extends into Biscayne Bay approxim- ately 300 feet, very active. They have recently commenced the operation of a new restaurant behind the restaurant in the corner which also sells alcoholic beverages and also directly on the corner there is another restaurant that re- placed the gas station and also sells alcoholic beverages. That is a very very active area and no matter what time of the day or night and particularly at night the traffic there is quite heavy. Now I attempted to obtain some recent traffic counts in that area however, there has been none since 1972. However, when you went to build or construct Fair Isle to give them that per- mit evidently the County made a traffic check and between the hours of 5 and 6 there is approximately 1500 cars pass that particular street. So we know between 5 and 6 it is a heavily traveled artery and it is only 2 lanes wide. Now this is before, you know Fair Isle is approximately 10 blocks further north from Aviation. Now directly next to Monty's Place is a City of Miami's recreational center and I don't know whether you all know it but that is also an active place. At night you hue boxing and I'm not sure you have wrestling but every time I've been by there, and it is open for night events, that is very crowded, the traffic is moving in the area and there is numerous people in the area more than would normally be generated by a residential. So the city itself is causing this place to be of a commercial character by the very acts that it is doing and yet directly across the street it is attempting to restrict my client to the very restrictive R-CC zoning, Now you know in this R-CC zoning what it does is reduce the lot area coverage or lot area ratio approximately one third. Under the R-C we have a 1,50 coverage and under J U L 17197 this P'-CC it is down co ,50 Which is ,i third o r 1.50 — as in the 1.50 Re' you have bonuses when you increase the ;i: of the apartmehi-. So voU tea. atricted or reduced the value of my client's property at least 1/3 in vaitiv. Now also along b". bayehore brine it was recently trade into a 4 lane highW&y Or actually a 6 lane highway with a median ,trip from Aviation to Mc FatIane. What you've done by this is caused a circular movement of traffic coting death ihto Aviation heading north on S. Bayshore Drive. It is aI)ptbxiTately lames wide there and what one lane has to do is turn into Aviatiee, So you've caused a rouhdrobi.h of traffic in that particular locale turning this tratfie directly ih front of my client's property along Aviation Avenue. By the lay, also when this property was developed and ynu wanted to put sewers ahi3 hater ih there oUr clients or my clients apfroved this plan. We also agreed tb the street, by the way, which the Coconut 'axov0 residents vehemently opposed the widening of that particular street. My clients paid for the cost and part of Widening that particular part of S. Bayshore Drive. Mayor Ferret Mr. Rice, excuse the interruption but we're running on time now. We're behind schedule. There are five other speakers. If 1 give them equal time We'll be here until rid day. Mr. 1?icet Alright. I would like to i.ntreduce into evidence Exhibit 1 which is an aerial photograph that shoes my client's property and the property to the north and the property further to the south and the yacht clubs and the marina uses directly across the street. You've got to realize that this aerial photo was made in I believe ?' ;and a new 23 story building has been erected. Exhibit 2 shows the marina aspects directly across the street. And exhibit 3 shows, doesn't show the new 20 story or 22 story apartment house which is on Mary and Bayshore however, it is written in because when this photo was taken that building wasn't built. Predicated on the spot zoning that evidently will take place here I seriously that the commission not penal- ize my clients by changing the zoning to R-CC. Mayor Ferre: Alright, Mr. Rice. Now, i there anybody else that wants to be heard on this item #6? Mr. Ted Tschumey: Mr. Mayor, Ccarrrrxiss: oncrs, my name is Ted Tschumey. I reside at 3610 Bay View Road in Coconut Grove. I'zn an architect and the president of the Coconut Grove Civic Club. You knew we come to these hearings and we talk and you talk and often times I think the most important thing is boiling down to try and understand what the real issue is and I don't think we've really expressed that on this particular pike of property and I want to do so now. I think that many of the things Mr. Rice has said are really quite serious misconceptions. I'd like you to consider .s 13c. the fact that I think there are three separate areas that we " i v talking about. First of all let's consider the area that is bounded by Aviation and Bayshore Drive to the north- east. In other words, taking tie blue dot and then going up at an angle. Do you understand what I'm saying? iqow aside from the blue area all the properties northward there are old estates. They're all quite old, they're in obvious disagreement, to what Mr. Rice has said that there is nothing old there -they all are old. And the real issue here is not the fact that there is recreation across the street because you _cally can't compare the waterside of Bayshore Drive to the property at hand nor can you compare the property to the south of Aviation which is principally .lew and principally com'ercial. .The issue here is where do we stop the growth of tall buildings going northward into these old estates? And what is done here far to the contrary of being spot zoning is a very well recognized legal precedent of down -zoning in an orderly manner so you've got some reasonable transition between a very dense area and the R-1 estates. It isn't logical to have an estate and then have a 20 story building right beside it because if you had that there would be no reason for the estate not to come back and say, "Look, right next door to me is a 20 story building. Why can't I have one?" And obviously if you pursue that program we're going to end up with Brickell Avenue downtown all over again. Right? We're not going to be able to stop that and we're going to again wall off the water from the citizens of this community. So far from it being a spot zoning it is a very legally upheld and recognized sound planning item to accomplish what I've just stated is their intent. So I think that sums up what I'm try- ing to say. I'm urging you to adopt the Planning Department's recommendation as I feel this is extremely essential. Now in future weeks we're going to appear before you in contrast to appearing to sometimes being negative we're going to be very positive because there are some very fine development plans that are going on i.n those estates north of the property that I'm talking about, things that are both good for the community, good for the people who live there and very profitable for the developers. We want to see them make a profit, we want to see them do a c_jood job and that is possible only if we do this zoning implementation co preclude great highrise growth to the north, Thank you very much. JUL 171975 MM Mt: pluthner: Ted, I wish c"rtu 't?uacy ad:?t cis -; yourself to one thing: You khOW Y�tfi all ih concurrence with 4h'' feet, end a.r I speak a little bit loud I apologize. I got back on the r lsne y • .e!-c.ay, my ears are still hot back so I Might be talking a little bi" 1r d The big thing that is ih the back of my mind as it always has been ::s r.t L1-.; rty rights. 'Now, t agree that we've got maybe too much high. i se and th i ? not good for a cothfiiunity: But how do I equates with a man who goes out, guess maybe it i. n the integrity of the city, when a man goes n-lh' and li':' selects <n piece Df property for which it perfectly Zoned highrise. t,pays rite s,�moneyrouncdoh aoh tain rights and privile 4es existing and then this says no, you fio longer have those rights, ye:.: e-ee' de what ynu paid for. Now it has always been My belief: Yes, the te=.te 'tat the right try do what is best for the L`OM,, muhity. But 1 don't thirk that we eeee zhe right' to penalize a than who has taken his Money, made his i.,t estu, •C itt i a,,rr1 apo. certain rights and privile :ties that he has. Now it. sec.I. '_-kn to me, and maybe I'm speaking to the detriTeht of the city, but as an indi tti ji seems like to me that if you take away the value of a man's land ,,P ::,-!<- a man's land that the man has the right to expect compensation. Nye. }1, is rayproblem that you know here a man could have bought a piece ` ". ! " r t Y _lc.� � „� t,r ; �r• '- 30% less and not had the privile ,des but he did pay for the t ri"r;:: .+ 6 know, maybe it is a gut reaction of mine that a man pays a o i r,.-: "c t ce to acquire a piece of proerty and tomorrow morning he get:"; up d;t ee " c Sfl have that right. It is a very hard thing for me to cope j ..t-, ar: 1 }'C='.:.t would explain how you feel about it. Mt. Tschumey: Well, et :r _ i .i ::r. eeyine that i own some property in the Grove. I'm an architeee. my "riving on designing buildings so I'm sure not trying to d:t sc(u2 ..0 t T " 'mpathize with you in that regard but I think there a/o a Mr. Plummer: Let me get •dear, I own one piece of property in the Grove, I live in it. Ok? Mr. Tschumey: Well, tha'T's what I do. I think it boils down to making several assumptions whirl. :_ err -.n_'ous. Mr. Rice is saying in effect that because you reduce the ;` square footage a man can build you re- duce in direct proportion c7t1t. that he can get out of the property which is absolutely not true. T'i <. point out some developements in the Grove. We've talked before think i)ui ding across from Sausalito. That building could he bieeeeLl,,._: yet it is extremely profitable so I don't think you can -ay ur-at _.t :arse vcu reduce some square footage you have in fact robbed a :,ax. = :n ,architect that Dr. Robertson can make a very handsome r,_ coney from that property. I can under- stand on his part the ;.,. . e _ lid resist any kind of limiLations on what he could do but. T Lhink you h vc -.o at_ the same time (1) assuming that he can and will make a h<. :or. prcE.t on it think about what happens if this continues. Because if the d 7t7 r piece of property which is really the key to this whole thing 15 not ^7 '_Eer' ntcd in _ the way the Planning Department recommends then you're ant to fin,-1, the neighbors next to him sayingwell. why can't we do the same th:.n,; an -` c n very soon those _people are going to be making much more money t _ r. t' n tn:.tke now. And I'm not opposed to that but what happen: i , s" r rs> because we increase the traffic, we wall off the public free 1`: a::t: y_ r !ich is sort of contradictory to what the city has already a,one Ell way a1orc the water sf 1 to make that a water recreational area. _ I :. ". '^o t at there is a sticky and very legit- imate concern in your mind a'oo I,1::: but I don't view tnis as being detrimental to his profit. Mr. Plummer: Well, you see, I rt-., . L7 :i•Yrr' want to apply it to Dr. Robertson but just in general.. Mr. Tschumey: I know in general. >l_ you're doing that. Mr. Plummer: You see, the problem these I have in my mind is this: We today are ready to place more restrictions or. a pice of property or many pieces of property than what the person paid for those rights to do. Now, you made mention, "Ok, then the people next_ door they come in..." Ok, then that is a mistake of this commission. If we were to grant that then it is a mistake of our commission. Mr. Tschumey: But you see, you '::oelci be legally forced to do it because then you really would have .pot zoning. In other words, you can't say, Well, one . _ - do the same thing,.Flcl.l 2lgllt next to,ll.�i can de .i..t �i .�j and rlriQt...il:r wan can't You've got to do it this way or wierAt I'm saying is goin to happen I'm certain} will happen and you'll be powerless cep stop it. The argument is such that it JUL, 171375 1111 can only increase, can't decrease and there is pub is good here and 1 think Wayne Allen can probably say more about thia than t cati Mk, Wayne Al1etl: Mt, Mayor and members of the commission; my hate is Wayhe Allen, I"in attorney. I live at 2222 SW. 27th Terrace A and at a difeCtbt of the Tigertail Association. Mr. Plummer, I'd like to address the point you ithade and I think it is a very important point which does have to be given 'due consideration by this commission. Before I get iiito that, hoiAevet, l would like to set the background for what is happening here today. The city is proceeding pursuant to a comprehensive plan which has been developed ovet a couple of years with extensive input from the community which has been teemm fiehded to the commission by the City Planning Department and Which has in fact been approved in principal h; the City Commission. I'd like to request that this planning study be made a part of the minutes of this Meeting and of all meetings in the future regarding zoning matters which would implement this Planning study. Mayor Verret I think it automatically really is but I would be happy to subt;it it if you want and this will be an exhibit that will be part of this hearing. Mt. Allen I'd like to first address the spot zoning allegation made by Mr. Rice. When considering an overall comprehensive plan and implementation of that plan I think it would be quite the reverse of what he is saying. If you don't apply the plan aril apply it consistent with the principals which you develop in that plan then you would be spot zoning. He is actually asking for spot zoning to take his clients' properties cut of this comprehensive plan. I think the real issue, and I'm ;eating to Commissioner Plumnmer's question, is not the question of profit but the question of reasonable economic gain. There is no vested right in zoning perse. The courts throughout the United States have consistently said this axed on this particular question of value I'd like to read you a quote from a case here in Florida, Waring B. Peterson. "As a general rule hardship, limitations of use or diminution of property values alone will not render a zoning ordinance void. If the limitations upon the use of the property are constitutional and applied reasonably and fairly to all they are valid and the individual hardship and loss must be endured to the end that the greater adva.taoe to the community as a whole is made possible." Mr. Plummer: Wayne, I don't di,>agrec with that. Mr. Allen: Well, sir,`I think that answers the question. Mr. Plummer: No, it doesn't. Mr. Allen: Maybe I misunderstood. Mr. Plummer: I agree that it :s much better for the community. Ok? That it is in somewhat a reverse spot zoning, I agree with that. But if I, J.L. Plummer, go out here today and buy a parcel of land for which I want to do within the law that the law says it can do and I pay $100,000 for that piece of property today and I bought it knowing that the law said I could do this, this and this then tomorrow the city turns around and says no, you can't do this, this and this. My property then drops in value to $50,000. That's not right, Wayne. I'm sorry. To me it is confiscation without compensation. Mr. Allen: But commissioner, you're saying that when you bought that property you acted in ignorance of what the law could apply to that property which is the right to rezone it for the overall community good. So you should have taken that into consideration when you paid whatever price you paid for that property. Plus, if you hold onto it and don't go forward with making that use of it the zoning would allow that is just increasing your own risk. This is a clear point which is recognized throughout the law. Mr. Plummer: Let me give you one more thing and then I'll shut up. If in fact, using my hypothetical figures, for the good of the community this -City Commission tomorrow drops X, Y, Z pieces of property from $100,000 to $50,000 and this city is ready to compensate that individual the $50,000 I say it is money well spent for the good of the community. I'm all in favor of it but I don't think an individual property owner should be penalized for the good of the city. If the city says this is good for us then let the city compensate him for the difference in price. That's the way I feel and I can't feel any different, Mr, Allen: My only answer to that is I don't think the City of Miami is that wealthy. And the way you'd have to look at it is the reasonable economic value Which he cat still get out of this particular property because it is 'toned eCC, He can use it for commercial purposes. He just cant use it to the ultimate that herd like to use it for and I think that is teally the,.,, Mr P1nftuher 1 guess we're going to have that disagreement but td me 1IT all ih favor, Look, when we go to buy property, the city goes to buy prop erty they send in appraisers. Ok? And when we buy pt_opety based upbtt that appraisal is what we pay for it. Now if you go to X, Yt 2 piece of property today and it is worth X number of dollars; tomorrow you make more resttiCtiehe and it is worth less and we impose the restrictiohe, t thin we also have ah obligation to compensate a man for what he has lost, That's my point. Mrs, Gordon: May I make a point to your point, J.L.? Because included ih the packet that we received in our agenda items we have an example in te- verse of what you're trying to get at in which some property owners Who presently have R-1, R-2, R-CA properties are having a recommendation for ah RsCC permitting them greater uses, more flexibility and an increase itt value of their particular properties. I don't know how we at the City Commission can solve this problem because it is impossible. It is probably a problefi that the legislature can solve some time jn the future if they come up with some legislation whereby those persons who receive increase value to land through zoning deposit some monies to compensate those who have got to loose, Mr. Plummer: I don't see a thing wrong with it. Mrs. Gordon: But we're not in the State Legislature so consequently we can't do that. But on the other hand we do have the obligation of the whole com munity's welfare. Mr. Plummer: You know really what it says? That parcel X, Y, Z; we are asking that owner to sacrifice his pocketbook for the community good. That is what it reflects to me. Now it seems like to me if it is good for all of the com- munity, all of the city then the city should compensate him for the difference. Now I feel very strongly about thee, I'm very sorry. Mrs. Gordon: I know your point and I know specifically how deeply concerned you are and I am too. But this piece I'm referring to if you'd like to look at it will help you to feel better. Mr. Plummer: Rose, I'd rather not take an individual parcel or speak to an individual... Mrs. Gordon: I know, it is e principal you're speaking to. Mr. Plummer: I'm speaking in philosophy. To me, when you take a man his rights, you take away his money. He bought with good faith and I think the city should have same good faith. If the city wants to restrict him then the city has the right to pay him for what they have done. That is my feel- ing. Rev. Gibson: Mr. Mayor, let me say something. You know a lot of us don't like old people to be around and I want to say this morning sometimes I wonder myself why old people ought to be around. But it is geed sometimes that they are around and they spare us of ourselves as well as they may say to us,,"You know what was yesterday may not be good today. And what you did yesterday that seemed to have been objectionable maybe is not really that way." Let me explain. I shall remember some years ago that same building, that piece of land and we're talking about value now over against what it was and what the zoning is now and what the zoning was at that time. That same piece of land, if I think I know the piece of land, housed Pancoest's office, the architect, the father that is dead. I was present at the commission when the then father said something like this, and it wasea great teaching for me and it has helped me in my life. I want to make sure that Plummer and the Mayor hear this, Mr. Pancoast was pleading with the commission to let him put his architectural office in that building on that site. Read the record: It. was not that he did not have th right nor based on the zoning could you allow him to do it. Mr, Pancoast came before the commission and made a state- ment like this that I'll never forget: "If what "I want to do with the piece of land is not better than what you could presently do and if there is one person in this audience objecting can convince me that what l want to do is not better than what you could presently then don't grant it," That story by Mr. Pancoast has lived with me all these years and here is what I learned from that story; that if ogle citilen was willing to stake his financial futute or ihtetest oh a decision based oh what he was asking, if ohe person 'objected bated h the tett that he could told up with so tithing bettor that hel Batcoast asked the board clot to give it to hilt. I've nevet forgot that and that's that very same off de building and the action them, l hopef served at a good teaching devite of good example for us in deciding uloh the satlie piece of land today. t hope you won't forget that. Mr., Allah: May I just point out that Dr. Bartley, the city's consuitaht in these types of batters, I understand is ifh the audience today, terhaps the coif fission would like to hear from him. Mr. Claire Filer: My name is Claire Filer. 1 live at 1700 s. Bayshore brivex And only to throw in a couple of more very shot': points, Mr. P1uMTher to what you say and 1 agree with you to a point. But you have to bear this in ftlitd Maybe don't keep your eiesight oh zoning alone as such. But when a alas buys a piece of property he just has to bear in mind that things can change i the future as to his use of that land. He flight buy with the expectation Of building a house on it five feet from the lot lines and then you change regu' lations and zoning and so forth and change that to 10 feet. He May have plans for a frame house and later codes have changed to disallow frame and in effect you've taken away something from him that he planned on doing with the land and it hurts. But at the same time you buy land you have to bear this in mind. I've got a real estate development in the lower keys in which I cut a canal when we could. I bought the acreage with the idea I was going to cut more canals in there but you can't do that anymore - that's the way it is and I accept that. It's tough but that's the chance 1 took when I bought that acreage. Mr. Plummer: Claire, when we go to buy a piece of property for a park it has to be on the premise that it is for the community good. That is the first premise before you, get into court for right of eminent domain; that it is for the community good. Now we don't just go to a man and say- Wham, we're taking your piece of property. We go to this man, we go to the courts. The courts assign appraisers. THey set a price and we buy it - we, the, entire city buys that piece of property because we honestly feel it is in the best interest of this community that that area be a park. But we buy it and appraise it. Now to me if in fact, and I concur, I think this zoning is good. I think it is a step in the right direction. It is something that we need but I think that if we go to a man we've got to say to him, "Sir, we are cut- ting your piece of property by 20% but for the community good we're going to do it and we're going to compensate you the 20%." That's my argument and I'm sorry maybe I'm just too basic to say to a man, "Hey, you're going to do the community good and it's coming out of your pocket." Mr. Filer: Right. But until he starts to pay when you zone it from R-1 to R-4 you just have to.... Mr. Plummer: Claire, I wholeheartedly concur that if a man gains in value he should compensate this city. Mrs. Gordon was the one who started in this commission with Allen Morris which I think today have proven even though all of the flack that we took for it that you can. In fact, Mr. Allen Morris came before this commission and says I want to pia_ another floor. The Mayor and Mrs. Gordon said ok, fine. You waht that, what are you going to do for the community? He gave a beautiful piece of park. He maintains the park in that area. The Mayor said this to an architect down in the Grove the other day, you want the right to put a foundation in an alleyway. What are you going to do for the city? You're getting from this city if we allow you to do it. This city is entitled to something back. Ok? I concur with that thinking 1000%. I'm just a basic I guess ultraconservative that says the man when he spends his hard earned dollars has some rights. I don't disagree. Mr, Thomas B, I4c Minn; My name is Thomas Mc Glinn. I'm president of the Bayshore Homeowner's. I live at 1872 S, Bayshore Lane, I'm just wondering on this discussion how far back this zoning was changed and whether it was contemplated at the time the zoning was changed that a 25 story motel or hotel could be built on this piece of property. It would seem to me that it may well be that no one ever thought of putting 25 stories which can be done under the present zoning there. So rather than being confiscatory the person who bought it probably bought it to put up a three story apartment house which is there and which is next door to it, So I don't think it is taking away an awful lot of value and everything else where it would make people broke when they have this thing and can now put up because times have changed and maybe that never should have been passed that way in the first 2JUG, I71975 Plate. 1 thifik that is a Very ittpOrtaht point to bt g up that it wasn't changed yesterday or it Wash't changed last year., ft Was probably chahged 1S years ago when no one ever thought of a huge piece of property there, Mr, Plummer.: We114 just for the record, 141t hot directing My coMMehts towardt ahy individual piece of ptopetty, It's the philosophy that I'm speakihg to, M±4 Mc Glihh: Well, 1 agree With that philosophy but I just, if a pettoh hugs figuring that he can build a 25 story apartment that's one thing. tdt it & person buys and figures, well, I'm going tO build a 3 story apartMent IS years ago that's something else so he isn't loosing an awful lot there because his intent was never to build a 25 story apartment like it would be today, Thahk you, br. BartleyMayor Perre and mettbers of the commission, Ilm tort of being impelled into this but 1 would point out that ih the few remarks, and they will be Mercifully brief that 1 have to Make, I've made no study of this particular t!-CC zoning classification nor have 1 Made the slightest study Of the Mapping. For that reason 1 do speak, Mr. Plummer, because you're talk- ing in generalities and have tried to quite properly not speak to specific properties and 1 simply want to comment just a bit in regard to the principal here that you're talking about. SoMe months back in Tallahassee there was a meeting held - Several hundred people, professionals, lawyers, architectt, laymen, legislators, city commissioners on this very issue that you're talking about, the So called "taking issue". This is the phrase now that we're begin- ning to use and the very types of questions that you're raising. We all know, of course, that this commission in acting on this zoning amendment or any zon- ing amendment must honestly feel that it is acting in the public interest. There is no other justification for zoning because zoning does place restrict- ions on property and the courts have quite properly held going all the way back to the Euclid Case, the United States Supreme Court Case ift 1926. Courts have quite properly held that one of the responsibilities which owners of property have is that that property may be limited in use for the benefit of the whole community but it doesn't stop there because the community in turn provides benefits to the owner of the property. There is a mutuality of relat- ionship here. Now, not long ago we passed a zoning ordinance in Okechobee County, the first zoning ordinance they'd ever had, zoned every square inch of the unincorporated area. Now taking your approach, Mr. Plummer, we might argue that all of the owners of those thousands of acres of property in Okechobee County should have been compensated because they had now been restricted. What I'm saying is this: Times change. The demands, the needs, the felt necessities of a jurisdiction change. I find it hard to change too. You know as well as I do, Commissioner Plummer, that I have appeared for private clients. But the question, thank God and our system, of whether or not a reduction in zoning con- stitutes confiscation is one that can still be taken into court. We have an instrument available for determination on the basis of the evidence presented as to whether or not that particular classification was or was not confiscatory. What each member of this commission does in passing an amendment to a zoning ordinance is to decide whether or not on balance, and that's the key in this thing -it's always a matter of balancing the rights of the individual against the demands and needs and requirements of society. And that's your function. It's a tough function, it's the roughest function in the world. I'm often glad that I'm on this side of the table rather than on yours when it. comes to some of these hard decisions but maybe some day, there's a lot of talk about what we call windfall and wipeout - the business of taking from here and giving over here. 'It's in its infancy. We don't know where that thing may ultimately lead as a legal concept but at the moment it is not a legal concept. We must work within the guidelines and standards and cases that we have available to us. We do the best we can, Mr. Plummer, with the tools we've got at the moment. If in a specific instance you believe that it does indeed constitute confiscat- ion, not reduction of property value because the courts have very clearly held that mere reduction doesn't invalidate an ordinance. The leading case in the state probably arose right here in the City of Miami, the Zorovitch case. But it is balance and there is no real answer. I can't really answer it. Nobody can really answer your point but everything you pass you have to pass in terms of your belief that what you've done is in the public interest. This is the basis of your action. Mr. Plummer: So what you're really saying is then that we pass it and if a person feels that they've suffered a loss then it's their address to the courts to be compensated through the courts, Dr. Bartley: I am saying that if this commission tales an action which an individual property owner feels confiscates his property that thank God we JUL 17 1975 Still have the cor tts available ftst the testing of that issiiea 14e all kii'tiv that the city tviii's Soft Old that the private 'develbpet wills softie; Mayor 'ette Befbte we go oh t ate that Mr4 Rine wants to answer and 1'T going to tecbghi.e y iu in a Totent, Mr Rice: but at the p -esef t time the people that are here oh iteM #11. R6v i5ahy ate here oh, IteT #11? 414 LOTS 5 tHRU 11 BLOCK 1 TWELFTH STREET MANORS 101 CONDITIONAL USE RIVE IN TELLERS FOR ritPUBL/C NATIONAL BANK Mayor terte f4ow ittany ate here on Itett #11? would ybtl raise your handa pleased mew 1-:6t4 iariy ate heft as op;lorients to tett *11* atdittt tt :°t "11"? And how'Maoy here ate proponents that want tip speak as prOpeheht0 Mow,_ let Mite point this outs 1s you know, you have the r'-ttit in your case to deter this iteti or request deferral because you oily have four out of five co Flit,, siohers and by our rule you would heed a 4/5 to override: No it is your right to ask for deferral and t don't want to hold you up... Mr. Lloyd: It's changed; majority, just majority but he doesn't have the full cotttnission. Mayor Ferret OH, I'm sorry, that's been clanged. But he does have that right and I just don't want to hold up a lot of people here beyond 11 because this is an 11 O'Clock Item. So if-yoO-'ll excuse me, Mr. Rice, for the inter- ruption. Mr. James Gilbride: Mr. Mayor, my name is James Gilbride. I'm an attorney for Republic National Bank. I think We'll take you up on your suggestion and we would respectfully request that this matter be deferred until the full commission can meet and consider it. Mayor Ferre: Does anybody have any objections, to that? Does anybody object to this matter being deferred? You realize that then you're running into September. Mr. Gilbride: My client advises me that's acceptable. Mayor Ferre: Does anybody have any objections to that, to this item being deferred until September? On the 11 O'Clock agenda, Item # 11. It will be September llth. Thereupon on motion of Mr. Plummer, seconded by Mrs. Gordon, Item #11 was deferred until September 11, 1975 by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. Mr. Plummer: Mr. Mayor, may I ask the people of the bank to please furnish me with a copy of the traffic pattern which will be established in the area? I went last night to visit the piece of property. And this is for the drive- in tellers, correct? Would you furnish to me before the September llth meet- ing a map showing the traffic pattern, please. Rev. Gibson: Mr. Mayor, I wasn't going to say this but I want to now say it since we have postponed it. I hope Mr. Andrews will serve notice on the School Board and that we want them to write and if they don't write I want them to know that I'm at liberty to do anything I wish. Mr. Andrews: Mayor Ferre, we did that already and we'll do it again. Mayor Ferre: It is always our pleasure to welcome our colleagues here and at this time I'd like to recognize an eminent public servant in our midst, a man who served with great dignity, and ability at the County Commission level and now serves as City of Coral Gables Commissioner,' Bob Brake. Mr. Bob Brake: Thank you very much, Mayor Ferre, I appreciate those kind words, Oh behalf of my clients and some of the people in the neighborhood they wondered if we could have this put as late as possible on the day. Most of the people in this area are working people and Mrs, Sanchez who is here now is a school teacher and wouldn't be able to be here on Sept. llth, Mr, Plummer; Bob, I would suggest if it is with the concurrence of the Mayor the best way to do it is to put it as the first item of the day, Mayor Ferre; The problem with that is there are a lot of working people who JUL 1, 71975 ftilqht Veit to be preseht wh dahhot kd but if the tt dehehtb hate ho objeotiot Uhat is yout Wish? Mr, 8taket well, as late in the afternoon as ytu tan, Mt, PlUtther: 3:30 is out last sdheddled itett, Mayor Pert -et Do you have ahy objection to that Mr. Brake: No objettiOn to it sit. Mayor Ferret Alrilht, then would you schedule it that way, Mr, Andrews. • lit PROCLAMATION Drlt4ot f t.-14v, 1975 as tauta and kotter Armster bay. RESUME DISCUSSION 121 '\J6 "B" CHANGE OF ZONING —AREA NORTHEASTERLY OF AVIATION AVENUE BETWEEN TIGERTAIL AVENUE AND SOUTH BAYSHORE DRIVE Mayor Ferre: Now, we're back to item #6.B. Mr. Rice was going to address us. Mr. Jack Rice: I just want to reply to Mr. Bartley first of all I don't think it is encumbent upon my clients to have to go to court. Mr. Bartley was the expert witness in behalf of the City of Miami in the Silber and Miracopa case and that's the argument he put there and the city was reversed on the grounds of it was a change of conditions and the area was so frought with development and frought with the traffic and so forth that it could not uphold an R-1 zon- ing and rezoned the property to R-5. I was just involved in three cases, one is Hesson versus Metropolitan Dade County; the other is Aronovitz versus Dade County; and I can't remember the other case in which Dade County tried to do exactly the same thing as you all are doing here, rezoning my clients' property down from a higher use to a lower use and the court says police power is one thing but in order to do something like this you have to show a change of con- ditions that would warrant the rezoning and there is no change of conditions in this area other than a more commercial use. I'd like to leave that with you and in all these times of hardship when we are not finding enough jobs for enough people to now reduce the ability of people to fully develop their prop- erty I say is fundamentally wrong. Mayor Ferre: Alright, ladies and gentlemen, I think we've heard both sides of this important issue. Are there any speakers that must be that feel that this hasn't been covered properly, that something hasn't been said that should be said? Mr. Norman Leathers: Yes, sir. I just don't know if what I said previously... Norman Leathers, 2541 Tigertail Avenue. I had made comment that they're changing... The R-CC zoning is fine because there is no one, anyone who bought that land in the past 10 years all those buildings are there. To change the zoning is no change at all it just unifies; it clears up the junk. That's all they're doing. However, in this particular overlay they're taking or remov- ing R-CC zoning asking for a 20 foot buffer which is nothing and I'm not sure under this new zoning whether they'll have to build a large wall there to pro- tect my rights. I bought property on the other side assuming that 1 was going to live in a residential neighborhood which I am in. If this goes through the way it's planned including the three residential houses that are there in that little segment on the overlay then the man, somebody is getting something for nothing there and if that is the case then I want my block rezoned. I'll be up to have mine rezoned too. Mrs, Gordon: We acted on that before. Mr. Leathers: I just just want to know if I had to restate this? Mayor Ferre; It has already been done. Mr. Leathers; Ok. I'm sorry, I misunderstood,... Mayor Ferre: What we did was this: We moved and voted upon the removal of that property from the R-CC classification, Then I was told by the attorney JUL 1'71975 that that Was ifitefe dhte to ire t of d not tt th S eti l sand tot the record, 'Let the record reflect that the vote was for ltet 6." i 'iatI S been dOhe. Mt4 heathers: 4M sorry i didn't uhderstand that. Mayor Petret Ok. tow t t'hihk we've heard both sides of these atgtf tents and I think the way we must proceed is this: If there is'someone itt the coThffit sibn that wants to shake a Motion to the specific probletti because everything §eetfls b5 be cehteted arouhd ofte piece of property then that is the way it world be done. And theta we would either vote for or against that and tiled 1 would hope we would vote for the Math resoltttiof which is 6.b. We're fiOW votifig on 6.8. Every argument, as you have noticed. there has been no other discussion other than a piece of property which is bh that map in blue which is the other of Aviatiofi and tayshore. Nobody else has talked about any other property. is that tight/ There has beef no other discussion other than that piece of property so all I'M saying is if it is the Will of this corrwiission to act on that then this is the titfle to do it. Otherwise we will go on to vote on 6.8. or vote against it as the will of the commission is. Mrs. Gordon: I Want to ask Mr. tuft a question, please. Mt. Luft, you did a lot of work in this particular zoning study and the recommendations that are here before us today are the result of a lot of work that you did together with a lot of other people. But I would like you to explain to me what you see about R-CC that is so much better than R-4 for that particular piece of that section of land. Why? Mr. Luft: On the corner of Aviation and Tigertail7 Mrs. Gordon: Yes. Mr. Luft: Again, the R-4 is an unlimited height. It is an increased FAR over waht the R-CC is; it allows for 1 with bonuses to 1.1. The R-CC would be .5 with bonuses to .75. The R-CC we prefer to think, the suspicion would be that the development of those parcels in the R-4 area may well, and they are developed very similar to the rest of the properties in the R-CC district further to the south along Bayshore' for instance. If they were to be redevel- oped and they are owned jointly with the R-C properties they, would be developed as a unitied whole. To split it with zoning of different types, at different densities with different height regulations and different use requirements would I think not lead to the best overall consistent development of those par- cels. Mrs. Gordon: But you didn't recommend the same thing on the opposite side of the street directly facing it. Mr. Luft: Well, what we're concerned about is the intensity as it relates to the abutting R-1 area to the east. Mrs. Gordon: Well, it concerns me greatly because you know here you're recom- mending classification which is new, of course, includes certain commercial uses that are not permissible in R-4 and yet on the other side of the street you do not make any kind of a change or recommendation whatsoever. Do you know what I'm trying to say? It's a little bit inconsistent there. Mr. Luft: The R-4 has been developed pretty well to its limit at this point. The apartment buildings that exist in there exist at about what they could build any time now or in the future. We don't expect any reasonable change in that R-4 area. Contrarily, the R-4 on the other side of the street of Aviation is not developed to that extent. It has the one small hotel in there and several parking lots. There is the one on the corner, the immediate corner but then south of that as you go south to Bayshore it is largely undeveloped in there. Mrs. Gordon It's not recommending any change there, Mr. Luft; Yes, to R-CC. Mrs. Gordon: I'm speaking now you see, you get Your pointer out. I'M speak- ing to the property directly to the west of the recommended area of R-CC all the way down from Tigertail to Tiayshore going along Aviation; you're recommend- ing no change which includes the R-C which permits the height you're discuss- ing as being objectionable on the other side of the street and then further to the hott'h you have tTe k 4 Which alto perMits the he 'giita you ktto v l if t CohtetVatiVe oh tbnfhg, yes ihdeed, tit one that's Very oohsetted With proper and co ► rehehsive piahning and to'itf ig but t'th not so positively oettain that you have this particular section of Locohut Grove absolutely and positively planked to its ultiMate and best use, Pm not sine of that, Mt, tuft: So ybili re Saying that that tine cothet of k,.4 should tet&U ? Mrs: Gordoh Well, nth tot saying that, f &frit Want to take and ctit the pie ih pieces tight 'this sedbad, f'ft1 tot going tb put the patient Oh the table and operate oh hit, f im just asking you, you're a piahhet and you've worked oh this for Thbnths and tttonths with many people. a you satisfied that you have done the best job? Mr, tuft: Yes, 1 atii. We tried to reepohd to developtheht potehtial'of each articular p parcel so that thezoning would allow reasonable use of the land consistent with the community goals that were set "through the tlahning Study,' We didh't feel that the one small piece of R-4 left over east of Aviation would represent or constitute a reasonable toning application, applicatioh of the toning and that it would be presenting a Very small parcel in contrast to the larger parcels which exist along Tigertail to the west. Mr. Plummer: Jack, answer this questioh. What you have proposed for that entire blue area, how much more restrictive are you making it than what it is today? Mr. Luft: In which instance? Mr. Plummer The Aviation property that seems to be creating the Most havoc. Mr. Luft: In the Aviation, on the one hand we would be prohibiting hotels and motels which would be generating a tremendous amount, a great deal more traffic than simply an apartment building. We feel that as Mr. Rice aptly pointed out, the traffic and the congestion activities occuring in that area simply do not justify that kind of use. It couldn't stand it. So that's a definite restriction there. In terms of the floor area ratio it's about a 50% reduction in terms of FAR. However, the uses that we're proposing are not a significant change - apartments and offices which are essentially what is allowed there now. The height regulation in the R-C is unlimited. In theR-C to the west that we're proposing, the overlay district for we would be applying a 10 story height limit. In the R-CC it would be three. Mrs. Gordon: Where does the overlay begin? Mr. Plummer: I'm sorry, where the arrow is pointing, what is that? Mr. Luft: It's supposed to say R-CC. Mr. Plummer: You're proposing for that entire tract then be R-CC. Mr. Luft: That's correct. Mr. Plummer: With it's three story height limitation. Mr. Luft: That's correct. Mrs. Gordon: And Jack, you're saying that across the street from it you're putting the overlay, that's where the overlay begins? Mr, Luft: The overlay would begin west of Aviation. Mayor Ferrer West of Aviation? You mean southwest? Yes, Ok. Mrs. Gordon: And that would then put the height restriction on it? Mr. Luft: On 10, yes. Mrs. Gordon: But it would essentialy be the same kind of uses as presently permitted with a height restriction? Mr. Luft; Exactly, it would be.,... Mrs. Gordon; Well, why didn't you use that same approach on chis corner? I'm curious. E EsQ JUL 171975 Mt-. Lttt_t I3eeause 10 stories adjacct t in those singic fate ily estatet is trot a rt asdhable transition. Mayor Ferte: In other words at 1 'undOtst aha what you're saying is it this is voted 'upon that piece of ,property would be developed at a matithutti up to three stories; southWest of that it can go to 10 stories. Mr Luft: That's right, Mayor Ferret 1 underatand. The cut off point would be Aviation anti then this is a transition to the Single fathi]y. Mr. Left: That's cbri:ect. Mrs. Gordon: 1 want to ask you a question then it's hot the point of this area that we're on but a question that's troubling the and that is that Rag area to the north east, the R-1, What would happen if someone assembled a couple of those tracts and centre in with a planned area develop'ftteht for that area, what would happen? Mr. Luft: On the estate area? Well, that's already happened. They've come in, nothing officially. Mrs. Gordon: On the north side across from the park it has already happened? Mr. Luft: There has been plans drawn and preliminary discussions held with no committments on either side with regards to the development of some of the estates into Planned Use Developments. Mrs. Gordon: Well, how do you feel about that? Mr. Luft: Well, I think the zoning on those properties is R-1. R-1 permits the equivalent of 7 units per acre. Those properties, most of them are in the neighborhood of three acres. If we're going to zone it R-1 then we must be pre- pared to accept what the zoning allows. I think it is very nice that large old estates can exist there but I'm not necessarily wedded to maintaining one house on a three acre lot forever and I think it is perhaps inevitable that some of those estates should be developed on will be developed more in accordance with what the zoning allows. However, we have stated in preliminary discussions that we are very cognizant of what the intent of the setback regulations on Bayshore Drive are today, the yard area requirements in order to achieve the kind of spacial separation from the;traffic, the importance of the Coastal Atlantic Ridge and the rock outcroppings and the tremendous amounts of vegetat- ion that presently exists on most of those estate properties; that if any devel- opment was to occur there certainly Planned Unit Development approach would allow it to occur in such a way that we could preserve the ridge line, we could maintain reasonable yard setback to maintain the character of Bayshore Drive and preserve most of the vegetation. Mrs. Gordon: A very important question to ask you with regard to the approach to Planned Unit Development and that is that the unity and title factor that is included in it would in effect make those properties rental properties and not single family ownership. It was my understanding and this is off this matter but it's still pertinent because we're discussing the same area, that originally when the Planned Unit Development concept came in it was to be applied to those kinds of properties where platting could not be feasible. In other words, those kinds of lots that had narrow frontages and very excessive depths and could not be replatted. Now I don't see anything of that nature that applies to these R-1 situations that there is three acres of land. And what is your thinking and why would you approve of that concept? Mr. Luft: Because essentially what we would have to do is take a property, let's take Coral Reef, the estate; we would have to put a street very similar to Crystal Court, for instance from one end to the other with 50 foot of right- of-way through there, We would have to literally go straight up the Atlantic Ridge plowing through the rock wall, We would have to subdivide it out and we would essentially have three or four lots off of Bayshore that they couldn't use at all for which they would get no credit at all because they would be sub- dividing lots that they wouldn't be permitted to build on because of the yard area requirements, the setbacks. So it would be a highly inefficient form of platting the land, It would be most ignorant of the topography and the terrain and it would probably not offer us the best opportunities for maintaining the natural features, i) ow I JUL 171975 Mts. Gotdoh: AbW do you overcome the aspect of it then becoming a cdfittetoial usacle ih the senbe because they ate qo i nh to be only poi Mitted to Use it tt5 tesseos You canhot sell thefn off bor. ni r of tho tinily of title. Right? Mr. tuft: No. Mrs. Gordon: loW you might have to take a look at your regulations on 'Planned d iinit DettelopMeht unless things have changed that l'th hot aware nf. Mr. Acton: l don't quite understand your point, Commissioner oordon. Mrs. Gordon: Oh Planned Unit l eveloptneht isn't it true that you Bust retain the title of the land in one ownership? unity of Title., right? Mr. Acton: unity of development, right. Mrs. Gordon: Ok, if you're permitting someone to build a dozen chits, for instance, on a piece of land I'M picking a number J°` then that unity of title would mean that eleven of the units if one owner is living in one unit would be rented out to other people. Correct? If not, tell me how I'M wrong. I don't see how I could be wrong on that. Mr. Acton: For instance we have, as have been mentioned before, two applicat- ions that'll be coming in I'm sure going to the commission at a future date for Planned... There are two applications that will be coming before the commission on estate areas northeast of Aviation. One of them is the 10 acre tract that is directly on the bay north of the Everglades tennis. The other one is the old University of Miami Property that is being considered for. development. The developer must have Unity of Title prior to the time that he developes that prop- erty. However, once it is developed they can sell it off as condominium or rental units or whatever else. I don't quite understand your point. Mrs. Gordon: That's the point - can he sell it off as condominium under the Planned Unit Development? Mr. Acton: Absolutely, right. Mrs. Gordon: Ok, then you've cleared the point. But he can't sell it off as an individual piece of ground, the purchasers have to take title under the condominium law. Mr. Acton: That's right. Mr. Luft: I think with regard to your point, Rose, the important thing here that we've always considered in this is that there has been activity with re- gards to the development of those properties and it has been strictly in con- formance with the R-1. There are expectations there that the kinds of environ- ments that would be created on some of those estate properties should they be redeveloped would be consistent with R-1 living, that they would be able to build single family units and reside in the single family neighborhood and we're trying to protect that. Those rights, those interests of those owners of those estates would not be served by allowing 10, 20 story buildings to go in immediately adjacent to them... Mrs. Gordon: Yes, but you can't allow it under the overlay is 10 unit anyway. Correct? Mr. Luft: Ten stories. Mrs. Gordon: Alright, 10 stories. So what you're saying Jack, is contrary. You're talking two ways you know. Mr. Luft: No, 10 stories is one factor, Rose. Ten stories is one thing, the density is another, traffic on that particular portion of Bayshore Drive is yet another. There are three or four things that are involved here, the height limitation is one thing. Mrs. Gordon; What is the height of the two apartment structures that are cur- rently completed just to the north of this corner of Aviation and Bayshore? l can't recall how many stories those buildings are, Mr, Luft; To the north? Mrs. Gordon; You know, on this piece of land that we have under discussion there is some developed properties, Right? ' JUL 1, 71975 Mt. tuft. That's tt. 'N4ts Gbrdoh t What it the 'tallest tttucti re'? Mr, buftt Well, it depends on where you measure it. if you1te obmIM Off of Tigettail it is about three or four stories; it you're coiling off ;of hayshbte and you're counting the parking below 1 beiieVe it dah be credited as aik. Mrs Gordon: Ok, that's what i wanted to know. Mayor Petrel 1 think we4Ve heard &11 these arguments l think it is titre to Vote. 13. PRESENTATION TO MIAMI POLICE FOR PLRFORMANOE ,N FLA.POLtCE 'LYMPICS Mayor Terre; sergeant, police officers, lades and gentlemen, the City of Miami is an on -going institution with a budget of almost $100,000,000 when everything is considered; close to 4000 employees and serving from between 350 to 400,000 citizens. But it is much more than that. 1 happen to be one who believes very deeply that the City of Miami's future is more in the hands of the Police Department than in any other part of the city. That does not mean that I think that other departments are less important and f don't want to imply that but we all know the reality of where we stand in this community today and we all know that the City of Miami is beseiged by many people who want to eliminate it as an on -going entity. I am deeply committed personally to the survival of the City of Miami not for any polit- ical reasons but because I very much believe that it is the very best way to render the type of services that we render to these 400,000 people that live within our 32 miles. And by that I mean to represent the will of all the people, not one segment, not the old people, not the young people, not the blacks, not the Latins, not the Anglo Saxons but all of the people of Miami. Therefore, I think what you accomplished and what you've done has got significance way beyond this magnificent trophy and way beyond what you have described here today because having won four medals, three with a broken toe and having done what you've done you have accomplished for us much more than winning a trophy. You have shown that the Police Department has an underlying spirit which when challenged cannot only bounce back but bounce back and win. I think that the implications of that go way beyond sports and I want to share with you my personal sense of pride and my gratitude for what you've done. And believe me the implications of it are way beyond the very important olympic competition and this magnificent trophy that you've brought back. So it, is my pleasure and it is my honor to commend you for what you've done and read the following commendation that this City Commission will pass. WHEREAS the City of Miami was represented by 108 men and women police officers in the State of Florida Police Olympics June 26-28, 1975 in Fort Lauderdale and WHEREAS City of Miami men and women police officers performed • in outstanding fashion winning many medals in volleyball, basketball, soft- ball, track and field, swimming, bowling, weight lifting, wrestling, judo and pistol marksmanship, and WHEREAS the overall team trophy for police depart- ments was won by the City of Miami Police Department. with 220 total points for 25 gold medals, 23 silver medals and 15 bronze medals, and WHEREAS the City of Miami is proud of the performance of its Police Department, in the Police Olympics;' NOW THEREFORE, .we the City Commission do hereby commend the Miami Police Department and all of the participants, all of the members of the Police Department for the great honor it has brought to out city and all the residents of this fine City of Miami. Mr. Plummer: ...committment that we're proud that they won on a local level, a state level but there is the big pie in the sky which is the National Police Olympics. I'm given reason to believe that it's every other year, it is not this year, it will be next year in Hawaii and I think so that these people have a goal to strive towards that this commission should go on record that we are proud of our people and that we will see fit to send our people to that national representation next year so that theyllre not groping in the dark thinking, "Well, we're not going to get the money, why Put the effort", I would like, Mr. Mayor,' to if it is in proper form to put in a motion that this commission will find every way possible to send those people who qualify to the National Olympics next year. I'll make that in the form of a motion, ME ME JUL 171975 The following ibii w►a§ ifittbdiioea by toMMistii ,r tluifthe whb moved its adoptions, MOTION No. 7Sk.61A A MOTION OP INTENT TO bo ALL PosSibLt TO ttilb 'i #Ott POLICtMtN AMb POLICE i46N N MR0 QtiAbiPy TO TNt NATIONAL POttet t YMPte GAMES tt RA 4L 11 MtkT y'SAk. Upon being seconded by Coiitlissioner Gotdoh, the tOtion Igat passed Afid adopted by the following vote, AyR5: Coitmissjoher Rose Gordon Cbfthissioher Rev4 Theodore Gibson Vice Mayor .I.. Plummer, dr. Mayor Maurice A. Ferre N'OFS: None. Rev. Gibson: Mr. Mayor, I want to snake a comment. you knoW I'm glad this is happening this morning. I really ain glad and I'm proud of you, I want you to know that. you know there is always the comment "We've got a first rate Fire Department" and I agree. I hope we will be able to say and be equally as proud because you are at the most sensitive nerve of this community; that we have a first rate Police Department. We want to be equally proud of you and I hope this is the beginning of the turning point. I hope this is the beginning of the turning point that just like we could be loud, glad and proud of a #1 Fire Department that we'll be loud, glad and proud of -a #1 Police Department. Now I want to thank you for the effort that you put forth. 14, PROCLAMATIONS CERTIFICATES OF APPRECIATION ETC, A, Drnse^tatior of commcnantion to Wi l fr A Vi nrnuo for hnre,ism in swine!, the life of a woman whose car went into Biscayne Bay. B. Presentation of commendation to Osvaldo Morejon for his heroism in saving the life of a child who had fallen into Biscayne Bay. C. Presentation of commendation to Dick Lee, Boxing Supervisor D. Presentation of proclamation to J.R. Taylor proclaiming May 23, 1975 as " J. R. Taylor Day". E. Proclaming the week beginning July 20, 1975 as "Simon Bolivar Week" in honor of the 192nd anniversary of Simon Bolivar's birthday. F. Presentation of a statue of the "Sardinera" by Jose Luis Arnaiz, President Casa de Espana, on behalf of the Mayor and the people of Santurce, Bilbao, Spain. G. Presentation of Proclamation "Fred Roach Day". R. Recognition of the newspaper "Replica" for its meritorious contribut- ions to the City of Miami Tri-Cultural Program. I. Recognition of Mr. Edward Rivas for his outstanding efforts in the City of Miami Tri-Cultural Program. J. Presentation of award to Mayor Ferre by M. Dupont, Consul General of France and M. Yvonne Ferre, President of the Alliance Franiaise for the Mayor's generous support of the Alliance Franiaise of Dade County, July 14, 1975. JUL` 1,7 17 . RESUME DISCUSS! 154 AJ6 t CHANGE OP Zt N ING 'AREA NORTH ASTt`RW ` IN PcR RD TIME OF AVIATION AVENUE BETWEEN TtGERTAtL AVENUE AND SOUTH BAYSWORE DRIVE Mayor 'Ferret 'We ate on item fii3, ghat is the t3ill of thin eomMission"? Mrs. Gordon: It discussing something during our ihteistion, I found that there is a question that needs to be Cleared. Mr tuft would you put a trap upon the wall and delineate to the the exact perimeters of the over -lay district. Mt. Lloyd; t wonder if I might, with your indulgence Mr. Mayor explain while we ate at it, the atnendment.Actually what you have done by your previous motion of intent to take the amendment to the ordinance, the trap will be changed so there will be a slight change in the trap, you can probably see that. Mrs. Gordon: I at not speaking to the zoning of those parcels. I atn only speaking to the exact line of the over -lay district. Mr. Lloyd: I see, yes, ---- Mrs. Gordon.: When the Planning Board heard this item and moved on it, what was the line of the approval for the over -lay from that board? Did it end on the west side of Aviation or did it extend onver to the east side and expand over the R-4? Mr. Plummer: What was the answer Jack? Mr. Luft: Commissioner Gordon the presentation before the Advisory Board was based upon R-CC consuming,or occupying the entire area east of Aviation therefore the over -lay district was to extend up to Aviation. The map that you had was based on existing zoning, if the zoning of the RCC was not implemented east of Aviation and the R-4 was to remain with the R-C, and just the R-C being changed, then the over -lay district would have to include the small R-4_portion which is the way it was shown there, so you had one map, as you hold in your hand assuming that the zoning changes would be made, the other map did not assume that and showed what would have to be done if the zoning remained the same. Mrs. Gordon: Which way did the Board pass it. Mr. Luft: They passed on it with the entire package of the R-CC being changed in place of the R-4 and the R-C east of Aviation then the over -lay district coming only as far as Aviation. Mrs. Gordon: In this hypothetical approach to it that you talk, why didn't you include the R-C on the other side of Aviation, also under the over -lay. Mr. Luft: The R-CC? Mrs. Gordon: Why didn't you include that as hypothetical? Mr. Luft: Okay, the over -lay district accomplishes basically 3 things. It provides for height controls, which the R-CC accomplishes, it provides site -plan review which the R-CC also has, and it has in addition design and guidelines, design guidelines that attempt to spell out some of the criteria which are not standards. They don't have to do that but it to indicate what the basis of the design review will be. This we thought was particularly important with regard to 27th Avenue and Dixie Highway and we include it in that area. Now, because the most critical elements, the height control and the site plan review were already accomplished by the RCC, we did not include it there, however there would be some justification for including that RCC in the over -lay district so that the design guidelines would also apply in that particular area, although it is not in that particular area, although it is not essential, Rev. Gibson; I was wondering why then couldn't you enlarge that same piece of land to, ---is that possible, Mr. Luft: You are saing is It possible to include the RCC in the over -lay district, is that what you are asking? JUL 17 197 11 Rev. Gibson: Yes so as to take care of that ate pieee At lafid4 do it it anothet way. Mrs. Gordon: 1 think the thinking might be here from ghat 1 at gathettfg; that the controing faetors that are in and a part of the over -ley district should trot end at Aviation, but should be included into to all of the other properties in tuestion of 2onitgs that ate above and beyond 1t=1. Since the main itnpottattt facet as 1 understand it of the change between kai'C and R»CC is the control of the height. 'So of those properties are fully developed Mow' therefore, it is a curiosity to at anyway that you approached it the ay youwith a new elassifieatiott rather that at over -lay and that is it. }I told you before and 1 repeat 1 don't See any need to change the R-4 to R-cc. Mr. Luft. okay, Commissioner Gordon with respect to the R-4 this is perhaps true. There is a point to be argued there. With respect to the R-e;, R-C Cannot simply be handled with the overlay district there and provide the kinds of protection we need for those abutting R=1 properties. R--C as affected by the over -lay district does not do anything to the FAR, it does nothing to the provisions for hotel and motel and it only affects the height. So we felt the R-C had to be changed to the R-CC. You are saying perhaps the R-4 does not need to be changed to R-CC and go with just the over -lay which would put a 4-story limit on the R-4, if we left the R-4 east of Aviation. Mrs. Gordon: Isn't that what you are doing with the R-CC? Mr. Luft: It depends whether you want to try to accommodate the development of all properties east of Aviation under a more unified approach rather than try to split it up with two different zones. It depends how important that is. If you feel that development east of Aviation can be reasonably accommodated with two districts instead of just one, then the R-4 could be left as is with only the 4 story restriction applying to it, in the design review, as provided by an over -lay district. Mrs. Gordon: I'll tell you something, I am not totally confident in my mind which approach this little segment around Aviation ought to have, and I would not feel opposed personally, I don't know how the other people feel, to giving me a chance to look at this, having heard all the things I have heard today, and know you yourself are not totally secure in their approach to it either. on the R-CC for that Aviation area. I think if we could pass it and eliminate that portion till the next meeting, or the meeting that could be advertised, so a legal meeting could be held. Mr. Luft: I am secure in my belief that the R-C needs to be changed to the R-CC. Mrs. Gordon: Would any calamity take place if we postponed that portion so I might feel as secure as you think you feel. Mr. Luft: You would have to ask Mr. Rice. Rev. Gibson: Do we understand what Mrs. Gordon is advocating? Counsel, we understand you, but we want to understand these other folks too. Are you comfortable, that is what I would like to hear. Mayor Ferre: Obviously that is the answer, that is reasonable from your position. This is a matter that has been discussed in the past and they want action now. The problem is there is still some questions that obviously are important in the minds of the commission and therefore I think what Mrs. Gordon is proposing is a reasonable think to do, and I think we always have to be reasonable. I think what we ought to do is to pass everything but that and then bring this up for a vote at the next commission meeting, that is question of two weeks, Mrs. Gordon: They are recommending it but I don't think we should have the corner of Tigertail and Aviation a permissible use, even if it is conditional for a delicatessen or something of that sort. I think there is something wrong, I don't know what it is, I want a couple of days to study everything I have and come to a reasonable conclusion, that is all. I might come back and say that is a reasonable conclusion, just like they have recommended it, But I want an opportunity to think about it, JUL, 1, 71975 Mrs Plummert is that a thtytion, � =1 second it. Mayor Terre: There is a motion and ,a second that item tt be passed As written with the etteeptititt of the property as described at the corner of Aviation and bayshore brie as subttiitted itt the drawing which should be part of the record to describe the property. Mt. Plummer: l withdraw try second, that was not the motion I'll second it if i have one other answer. As t understood it we were just going to at this time delete that one piece of property, ---- Mayor Ferre: That is what l just said, Mr. Plummer! You said pass everything else, deleting that one section. Paul or George,= ----whoever is responsible in responding, do I then understand that all other owners it the blue that are recommended for change, had been duly notified, that their property is going to be changed, and that they have registered no objection, to I understand that? i Mr. Acton: Mr. Simpson can answer that question. Mr. Plummer: I can justify it in my mind, if a man has been told, sir, we are going to change it, he says, fine, go ahead, I am all for it. Mr. Lloyd: Mr. Mayor just a minute, 6 A has been passed, we are on 6B now, and 6B only applies to one particular part, Mayor Ferre: I would like to point out, if I may because I think we are getting confused, when we voted for 6A,.Iasked 3 times if there were any objectors present. Nobody said anything, 6A includes the property that Mike Calhous was here complaining about, the lady who has the boat rental place across the street, she was complaining about it, the gentleman who owns the property along U.S. 1, he was involved, so we have gone over this thing, over and over again, that was voted upon, we are not taking about that. Mr. Plummer: I admit I was confused. Mayor Ferro: The only property we are talking about is 6B and the only one involved is that corner piece on Aviation and Bayshore Dr. Mrs. Gordon: All the way up to Tigertail, Mr. Mayor. Mayor Ferre: As shown and; make it a part of the record, the drawing has been submitted, and that clarifies it. Mr. Plummer: If (understand you, then 6B would be deferred in total? Mayor Ferre: As I understood the motion, Mr. Plummer: ----6B only applies to that one piece of property, correct? Mr. Simpson: That is correct, there were 5 different areas proposed for change. The only reason the Tigertail area was separated front the other 4 is that the Planning Advisory Board in their action separated it and there was a difference in vote, so it had to be processed here as item 6A-- Mr. Plummer; What we are doing is deferring 6B. Rev. Gibson: I hope you all are hearing, I don't want you to say to me later on, gosh, we are deferring that piece of land, and come back on the 31st and act on it. Mr, Simpson: Mr. Mayor if you recall you did by a previous motion and vote take some action on this particular parecl of land. Do I understand that stands? Mayor Ferre: That stands and this is only to that which is remaining, - -- Mr. Lloyd: Leagaly, all you did was pass a motion of intent to amend this ordinance if passed, so if you defer action on this ordinance you also defer---- Mt, Plummertit stif.l holds in abeyance, Mr. hloyd:s.....=bent it holid§ at your intent when you eventually past; the ordinance. Mayor Peace: I at glad you clarified it, call the roll, r.sarit A motion to defer 6$ until the meeting of July 31tt war passed and adopted by a unatiitious vote of the commission. Mr. Plummet: # want to go back and clarify Ott. Mayor in my mind on 6A I asked the question of 6A Mr. Andrews and Mr. Acton, that I was confused upont. All of these people that are being affected were notified, they were told what was happening and they obviously had not objections. Mr. Simpson: A four page mailing went out to all of these property owners. Mr. Plummer: So they know what was happening to them and they had no objections. Mr. Simpson: There was strenuous objections along 27th Avenue frontage before the Planning Advisory Board, no one appeared today. Mayor Ferre: And they came here and objected to us, I remember there were two gentlemen that talked for a half an hour on that. . 16, PERSONAL APPEARANCE LINDSEY MOORE ATTORNEY REPRESENTING A DISMISSED EMPLOYEE Mayor Ferre: Mr. Andrews will you address yourself to this, maybe we can resolve this quickly. this is the case of the young lady who was dismissed from the police department. We were served yesterday some papers on this item. Mr. Andrews: Mr. Mayor I have, been following the guidance of the City Attorney's office in this matter and'I would ask Mr. Lloyd to first brief you as to what took place in the last day or so then I'll be glad to participate. We will meet administratively to resolve this, I can say that, --but you had better hear from the City Attorney first. Mayor Ferre: First identify yourself for the record. Mr. Lindsey Moore: My name is Lindsey Moore and the young lady is Ms. Rosario, we are both working on that case, we are representing Ms Heath, the plaintiff in this case. Mayor Ferre: You are the attorney for Ms Heath? Mr. Lindsey: Yes, sir, -- Mr. Lloyd: Are you the personal representative Mr. Lindsey: Yes, I am attorney for Ms Heath. Mayor Ferre: Let me explain how this comes about. Mr. Graham works with the Metropolitan Dade County Fair Housing and employment, and represents the federal government locally here on fair housing and employment, -----served me with some papers, served you with some papers, we discussed the matter and I discussed it with Ann Nichol who is here, and I asked Mr. Graham to be here today to present this matter since I thought it had reached the point we ought to discuss it openly in public, This morning when I talked to Mr. Andrews about he told me he is not through with the administrative procedures of this, as I understood you, and you had not finished administrative level on this, so therefore it is my opinion at this point that since the administration had not finished their deliberations, that the legislative level should not become involved until Mr. Andrews had made his final determinations, Mt, Attdrewst That it right, ex ept this it divided into tWo pattt, Otte it a court action at d the other is the atrtton taketti by the Rousing afd Equal opportunity tbard. Mayor Ferret There is nothing ve cat do about the eourt aett f per se, beeeuae that is a legal matter before court, The only thing we eats determitte here today is, as the City of Miami is involved in the fair employment aspects of it. Mr. Andrews: We must proceed cautiously in this area, ----I'd better let Mr. Lloyd explain, Mrs Moore: We are here because we several other cases there the same facts are existent and we are here to see what steps the commission is going to take on this matter, because before we file suitin those cases, because we found this is a wide-spead policy in the City of Miami and city of Miami police department. Mr. Andrews: Mr. Mayor, for the record, this is not a wide -spread policy in the police department or in the City. This affects a group of employees wh0 are outside the Civil Service system, that we are amending and I am going to send directives as to how this should be handled, but this is not a wide -spread practice. Mayor Ferre: Let's understand so everybody knows what we are talking about. This deals with a young lady who is pregnant, who is not part of civil service, as I understand, but was ----why don't you explain it,? Mr. Andrews ---she was part of the public service aid program in the police department and had reached a point, from what information I have, was absent from her duties of 5 out of 9 working days in the beginning of April. Please bear with me I do not have all the facts, I want to make sure I have all the facts before I come to any conclusion, but there was mutual understanding at the time she left the City and the police department, made every offer to assist her to keep her, in certain portions of the training to re -admit her after the child was born, but because she was not a civil service employee, they had to terminate her in the manner they did. I am, going to rectify that so that future procedure will change that, but as to the merits to this particular case, I want to know more about it and I am sure the city is going to do the right thing by every single employee whether they are part of civil service or not, but the civil service employees are treated differently. Mr. Moore: Let me get this assurance if I can, we will be notified as to what position the commission is going to take. Mayor Ferre: Yes, Mr. Moore: Do you have any idea when the decision will be made? Mr. Andrews: Soon, Mayor Ferre: Mr. Moore if you are not satisfied and you want to represent. your client and come back at the legislative level, which is what we are here, you are welcome to come back at the next meeting which will be on the 31st day of July, if you feel you need to talk further on this item. 17, ORDINANCE ,AMENDMENT - SPD-2 COCONUT GROVE SPECIAL OVERLAY DISTRICT Mayor Ferree Mr, Andrews, or Mr. Acton will you now state the position of the administration? Mr. Acton; Mr. Mayor and members ofthe commission, item #9 pertains to the overlay district for Coconut Grove which we have discussed to a certain extent on the prior item, and item 10 is the application and mapping of that district, as explained before item 9 has certain provisions in the ordiance that pertains to basically three elements, The first one discussed, are height limits which are imposed in the ordinance along South Dayshore Drive is the MM MM 3 I'71975 1-'C iistrict. The atdinas ce pravides for t1 il`rigiit 1 tint cif tt) t1ii'i''it`t Ot lit ft. The reason wt prepared this mai ., is to give the . tinimtst i n itii.itit — sits+t iitg of what this 110 ft.. Means it terms t f both existing structures that have been built along `S. baythere and the future strtt Lures we can anticipate along 'S, haytsha re. It the R-4 district the height limits is established at 4 stories as well as a C-2 district. The intent of this particular prnvisinn was to pro= vide the right type of killed relationship between the existing law tt►tertsity development that lies behind tayshore drive in most of the area as it relates to the t -2A central business district its COcattut trove as well as the other low intensity residential development$ that exist on the ather side of tigertail. The next provisiott it; far site and development plan approval, the 3rd one is for a special yard area along S. Ba t§hore and again the lower map thaws that restriction as it would apply to existing and future structures that would be located along S. Bayshore. As the commisaian is aware there is a special yard district in the estate area, which lien to the northeast andsonte of the developments which have occured along recently along Bayshore have never been cognizant of the need for continuity of both landscaping and setbacks that relates better to the single family estate areas and to provide the type of landscaping that would be appropriate, since this is the major entry to the village to Coconut Grove, that basically sums up what is contained in the ordinance itself which is item 119, are those three basic provisions. Mayor Ferre:Who else wants to speak. Mr. Plummer: George I am at a loss on the bottom. On the bottom is what you are proposin, a 30 ft setback. Mr. Acton: A 30 ft. yard area along Bayshore Drive, --- Mr. Plummer: ----areas that are already, developed? Mr. Acton: ----the restriction of course would be applied to future development which we can anticipate along S. Bayshore. There are number of parcels of land along S. Bayshore which we anticipate will be developed sometime in the future, so wher these parcels are re -developed we want to insure that the right type of landscaping and setbacks are provided. What this map indicated to the commission is that virtually all of the existing structures along S. Bayshore are already in accord with that special yard setback of 30 ft. Mr. Plummer: all but one, --- Mayor Ferre: Which one is not? Mr. Plummer: --down on the bottom. George what would that to the presently developed structures? Mr. Acton: --have not effect, it would be non -conforming, it has no effect on existing structures whatsoever. Mr.Plummer:--and what is that setback on S. Bayshore drive now? Mr. Acton: 20 ft. Mr. Plummer: What is the dedicated width of Bayshore Drive? Mr. Grimm: 100 ft. Mr. Plummer: What I am getting at Vince, that would 50 ft. on each side of the center line where it is two lanes? Mr. Grimm: No, sir in this particular case we took all of theadditional width for the redevelopment of Bayshore drive from city owned property. We did not take any from private property, ---it was 70 ft. before that so it would have been that distribution of 35/65 as it stands right now. Mr, Plummer: All of the additional was taken from city property. Mr. Grimm: Yes, sir,--- --- Mayor Ferre: Who is the next speaker? Mr, Rice? Mr, Jack Rice: I have to speak against the ordinance because the ,JUL 171975 ordinance it designed specifically ns Applicable to m client's property. Meyer Ferro: Why don't you point out on the rap there you client's property is.. Which client ar+e you talking about ,===pis Dr. Robertson's concern height? or setback? Mr. mice: Height, then setback Mayor Ferre: He would like to build a bigger building than 110 ft. and he would like not to set back 30 ft. Mr. ttiee: We world like the sate setbacks that presently exist under the exiting tt-G, Mayor Ferret -which nobody has anyway except one exception. -- Mr. Rice: ---like this Coconut Grove Mayor Fevre: you mean by 3 ft. Mr. Rice: --it is all according to the type of structure you build that is how far you are going to set back. Mayor Ferre: Let me tell you, my opinion is, that I had sympathy with your previous presentation. I don't have much sympathy for this one. Mr. Rice: Some of my clients have dedicatedin the past 10 ft. for widening of S. Bayshore Drive, and although they have just widened that to its fullest extent and taken city property, you must recall that the city sidewalk area was built far to the northeast of Bayshore Drive, they took part of that my people have given 10 feet, now you are taking 30 more which makes 40 feet, and I represent Mr. Kolish who owns the land behind Coconut Grove Bank, Greenwood Drive, on both sides of that particular street. I also represent the -people directly across here, that owns one of these little -motels, the Waverly --- Mrs. Gordon: Aren't you saying Jack that they are objecting to 30 ft. setbacks? Mr. Rice: We may set back 30 ft. but we don't know that until we develop our property, we have already given 10 ft. so that means now we are setting back 40 ft. Mayor Ferre: Doctor, I want to address myself to you, I want to make a point, I have been in public office, not as long as Jack has, let me tell you something, as I see things, I have seen it happen so many times, here comes somebody with a good argument, and it makes some sense, enough sense for you to hesitateand have some doubts, then all of a sudden extraneous agruments start coming in, that don't make any sense at all, and all of a sudden you get this handle for somebody to grab real quick and just knock down the whole thing. As far as I am concerned and I am sorry, you know what the intent of what we are trying to do is, we are trying to control the density growth, it is just that simple. We don't want more density, this is not the area where we are going to have high, intense development in the community. I read your letter. I happen to disagree with you, because I think we need to plan for the future. There is no stopping of the growth of this community. I understand that, what we can control is where it is going to go, and I think we have stated,what''this commission has stated and what this city has gone on record as saying is, we don't want it to be in Coconut Grove, All this basically does, as I understand it, is it controls'` the height limitation and it tells you what kind of setbacks. To me iris perfectly perfectly reasonable and perfectly in the realms of what this commission has been talking about for 5 years, It is nothing new, this has been going on for 5 long years. That happens to be my personal opinion. Who is the next speaker, Mr, Rice; You didn't get to the 10 story height limitation, My clients have owned the property in excess of 5 years, The bought -this with the understanding and he has expanded with the understanding that he could put a higher building than 10 stories, In fact directly across the street there is a building 20 stories, on the other side of Mary Street, Yacht Harbor, and the one further 3i JUL 17 1975 on °down which it at least 10 stories, Sal boat Bay, Mayor Iefres 'Now, Mark it is eXactly those buildings that are teapottib e for Uhete * e are today, Mr. Bice: You ate just doing it as to Gocoltut Grove. Why are you snaking special overlay district as to Coctttut Grove? I thiitk that it tatita'iet tlt to taking property without due process of law, If you are going tts pays aft otdinattee, let's apply it to all of the city of Miami, why do it,=.��_ Mayor tette'. We are doing it slowly, and from here we are gtittg to tittle River, and eventually end up doing thin everywhere in this tow?. Mr. Rice: What you have done is create two totting, --'I atn not too much opposed to the Stir) overlay district, but 1 at specifically opposed to the 10 ft. height limitation, t mean 10 floors, pardon, because what you are doing is putting zoning in your overlay districts, because if you want to change your zoning, let's do on your R-C, let's not do it on the overlay district. You are attacking the City piecemeal. Mrs. Gordon: I was going to say to you that overlay has a very important role to play and not every section of the city has the tame kind of amenities that Coconut Grove has, where the height would be a factor. Maybe the R-C in another section of the City, height would not be a factor, therefore to change the zoning if you recommend it or suggest it, not be the approach to the problems of Coconut Grove, and traffic and congestion are a problem now, and increasing height and all due respects, property owners have a vested interest, and we understand it, and we are'in a difficult position because we want to make everybody happy but we never do, usually end up making nobody happy, but on the other hand we have to do what is best for the majority of the citizens of the city and to not control the development on Bayshore Drive would be in effect saying let's open it up, hoping it is going to get 4 lanes, because those cars are going to come out of places, and they have to go somewhere,` no other way. Mr. Rice: The traffic is very easily relegated, you have Aviation, you have Tigertail, that is no problem, you can set up streets districts, highway districts, you can do it with highway funds under your selection with Metro Dade County. In fact you are not going to stop the traffic that is coming down Bayshore Drive. These people don't live in Coconut Grove, they are merely passing through. They are passing through traffic. Mayor Ferre: I know. Mr. Rice: The generating traffic in the Grove, unless you want to pass a law that says you can't come down S. Bayshore Drive out of the City of Miami, going to S. Dade because that is where they are all going, and the only way you are going to overcome that is to put an elevated or an expressway down U.S.1. I think that is the answer to it, it keeps outBayshore Drive for people who live in the Grove. Certainly my people invested a lot of money in there. They bought.. it with the understanding, in excess of 10, they went for that street, the sewers are in there for high rises, everything until now has been developed and all the investments made for high rise, and I say to do without any change in the neighborhood other than a more commercial aspect of the neighborhood, and the City is generating itself, because parks, ---what do parks generate? They generate vehicles and people, and those parks don't generate people solely from Coconut Grove. They come from all over down to Coconut Grove. That is a city-wide park, not a Coconut Grove park. Even the court recognize that in the Miracopa case and in the Silver can, and the Culbertson case which was all combined, and they said in that particular instance which is on Bayshore Drive which is only two lanes as opposed to being ---this being, ---approximately 6 lanes. They said in that particular instance you can't restrict the growth of the property in that area. I think the City Attorney will agree with me that the courts did rezone that property down there to R•-5 or R-5A, which a commercial motel type of operation, Rev. Gibson; Mr. Mayor let me ask a question, earlier in the other debate, I heard a philosophy expressed that I am not sure I fully understood then, and I don't know if I understand it now, even though we postponed the ,act, now I hear another philosophy expressed that I atn even more confounded and dumbfounded, What kind of dilemma this puts me in we say we don't want to reduce this, --,---where are we for the people? I purposely asked the Mayor, because I can't JUL ? 7 1975 Count tometitnes. I see perhaps only one niece of land, affected all the other pieces of property, by and large. Somebody has to get butt,=masotrietitnes up ht to 1 get hurt, and all these tily fellow eottissiotiers, and I dotal t understand. Nobody t4antt to get hurt. Mr. Rice: I say if you are going to do it, do it eity aide, ehange .t Rev. Gibson: -'but counsel, you are a teat, a devil of a started tb eanother rd,- �wisdotn, and you meat to tell me, you are telling use.�� doit allover � the city, that is tantattount to saying have chaos, or either don't do a doggote thing and let the sore continue to fester. Is that what you are telling us to do? Mr. Rice. There is nothing festering down there. That is a beautiful street, don't forget all the property owners that abut that are paying for it, not the people in the Coconut Grove area. Rev.Gibson: But you know some of those improvements were paid for by tome other folk. Do you remember what was said, the philosophy that, you know, all of us do it so that this particular somebody could enjoy. I at not opposed to what you are saying yet. I want to talk out loud to make sure I understand. A man with your wisdom, having been a former city attorney, are you telling me I ought to go all over Miami and do it one time which is a possibility. I have to start somewhere,why not here. Mr. Rice: I say it is not constitutional, you are picking solely on a segment of the populace to impose this sanction that you dont' do anywhere else, under the theory of an overlay district. Rev. Gibson: I went to law school one day, and you what they will tell you, and I am not a lawyer, you have to start somewhere and if have cancer and the cancer is in the foot, and you don't hurry and cut that foot off, the whole body will be cancer. Isn't that right? Mr. Rice: No, that is medical school, Rev. Gibson: ---while it may be, the foot business, maybe, and cancer may be in medical school, you have to admit the same theory prevails in law school when they start reasoning. Isn't that right? Mr. Rice: No, I don't agree with you because you use this reasoning in Miracopa and the Culbertson case and you didn't prevail, and Dade County used it in the Hessen case, and in the Aronovitz case and they didn't prevail. Here you have taken my people and reduced their ability to construct by approx- imately one-third, or at least half. Mayor Ferre: Who is the next speaker? Dr. James Robertson: I am Dr. James Robertson, I own Jamestown and the land next to it, which directly affected by this. I want to thank you people for listening to me, and giving consideration to the thoughts I wish to tell you, which I feel have been arrived at through many years of deliberation and thought which I fully appreciate the laws of right and justice in this matter. Mrs. Gordon has had her heart in Coconut Grove for many years. Theodore Gibson is a good man, he knows the ten commandments, he knows one of them is 'you shall not steal' and if this passed, I think you could call it ----this would be stealing a man's property rights. As a matter of fact it could be called armed robbery, because you people are armed with the ability to make decisions and if this is passed, it will be robbing me of property rights which I bought many years ago. I have paid taxes under existing zoning for this, I paid for the widening of Bayshore Drive, I paid for the extra large sewers to go into this. This is fully in accord with the county proposed zoning in this area. I do not wish to be singled out for this, because I do not feel it is at all right or just, Mr. Ferre, Mayor Ferre, my deepest respect to you, I admire the Ferre Building and I sudder to think what would have happened to your building if somebody had come and taken away your zoning before you could build on it, Mr. Plummer, --- Mayor Ferre; They are about ready to do that Dr, Robertson, --we have 10 times more property and they are about to do just that, Dr, Robertson. I am not asking for an increase in zoning, I' have JUL ,. 71975 ttever asked for an itt tease in zoning time 1 have been in here,,,I have developed aeVeral hundred units for people tO live its, my tettts have been reasonable, t have upgraded the property, I have never asked you for at increase it zoning, and your eity platter, Mr. Actbn used to be one of My tenant and he was there to low rent, and I at sure he appreciated it. I ants sorry he doesti't see this today because I have tried to be at good as t could to everybody in this city and work together with theft. 1 have paid my taxes without complaint and I feel that what 1 at asking is a right and just thing and I don't want to go to court but if this it passed 1 will be forced to go to court, and I hope it will tot be. As far as the alignment is concerned, I only wish that the present toning requirements bit alignment be observed which for many years has been on the books and it is a good rule. You should conform to the average alignment of buildings on both sides of you. I don't want to go in front of this, but I don't Cant to be hurt by pushirtg my property back beyond that. The city zoning requirements for R.-C are very strict today. The open use areas are recognized to be one of the most strenuous in the United States, and to be able to build this today even with the present restrictions is about all that is ever possible. In an area of depression, recession, lack of jobs, to pass this sort of thing will virtually stop any building in this area whatsoever. It will be impossible to build and 1 think would be a greater tax burden on the rest of the people because they are going to have to pay the taxes. I think if you would allow planned development such as you have on the books at this time, in this area, to go up higher means that your building is not as wide, it does not obstruct the view and the breezes nearly as much. You can put far more open areas. It doesn't mean you can put anymore units. R-C zoning allows one unit for every 600 square feet which is very restrictive already. To extend it beyond that point will make to where it will be impossible. I know that city planner have thought that certain things are beautiful and you should have high ideals of what you could do it. Nobody can afford some of these things. There are mortgages to be gotten, there's contractors to be dealt with, and by the time the whole thing is finished, with inflation taking its toll, I am sure you don't want to see this area become a backward and blighted area which it would become if these restrictive things are put in there. I plead with you from my heart, I think that what I ask is only right and just, andI hope you will listen to me, and I will be very grateful if you do. Thank you. Mr. Rice: I might also add that as part of this ordinance, is the R-4 is changed to a four-story building and if you notice on the rear of all these lots and particularly those owned by Dr. Robertson, and Joe Kolish, there is R-4 zoning, which you are going to have a 10 story building and directly behind it you are restricting it to a four-story building. I further make an objection to that type of zoning restriction. If you are going to restrict, the R-4 should be to 10 stories also, so you have some symetry otherwise the buildings behind it will be of course in a shadow. And another thing you don't realize is that when you go higher you get greater land area for the use of the public. In Dr. Robertson's case if he ever developed his property fully, there would be a substantial amount of land gained for open space, that would be lost if you restrict to a ten story building. I might also add that none of the people that I represent have ever been here for a variance or change or request or anything else. Everything has been reversed, everybody is trying to change us down to R-1. I think that is the ultimate goal, not on the part of the Commission but they want to make this a village. This is not a village. We are not paying village taxes. The taxes paid here are a substantial amount. The people I represent, the value of the land for assessment purposes are in the millions. Dr. Robertson; You have already allowed one building that is 2 the Coconut Grove Hotel and two other buildings above this height h been allowed. I don't know why I should be looked on to, discrimina because I wasn't able to build when they did. I think I would like consideration they had. Thank you, 2 stories high, ave already to against me, the same Mr. Rice; I would further request that deferment on the grounds that Mr. Manolo Reboso is not here. Mayor Ferre; Anybody want to make a motion, or who is the next' speaker? 7 1975 Mt. 'Rice: Mt, Petre, the only thing I AM asking you to delete ftotn this ordinance is the Bayshore Drive up to Tigertail. The test I am fat speaking against or for, Dr, Robertson; I would like to mention also that, the people we have here, We have provided reasonable lodgings without regard tt► race, color and creed. We have every race, color and creed in these buildings, and I think this is a service and I think ever though I at not publicly subsidized it should be something that should be recognited that 1owcoathousing, relatively to, is available through private enterprise. Mt. Wayne Allen: Mt. Mayor and members of the Cos zission, I at Wayne Allen, 2222 SW 27th Terrace A, I at director of the Tigertail Association. Speaking to this item I feel as an attorney I should address thyself to the threat of suit which has been raised here. Anyone who has a filing fee can of course sue the city, but very frankly, having the privilege of paying city taxes as well as county taxes, it hurts when I get that tax bill, I can assure you that the members of the Tigertail Association would feel their taxes are well spent, the city spends it in defending a lawsuit which would preserve their way of life which is what this ordinance would do, and I can unequivocally say that the Tigertail Association supports the adoption of this ordinance, urges its adoption and I think 1,11 just leave it at that. Thank you. Mr. Bill Jacoby: Ladies and gentlemen, my name is Bill Jacoby, I reside at 1946 Tigertail, I am Vice president of the Tigertail Association, from I am sure you know Wayne Allen is our immediate past president, I am speaking for the association and for our new president, Mr. Dennis King, in endorsement of this zoning overlay district. We have heard two or three hours of conversation on this difficult problem of trying to find a balance between what is good for individuals who have invested capital and have their own property rights to pursue, on the one hand and the rights, the welfare, the health of the community on the otherhand. I have a graphic presentation here that I would like to show you so that we can perhaps better visualize the scale of what we are talking about in this zoning dilemma, this zoning decision. If you will give me a second, I am going to speak very loud and I -think you will be able to hear me, I would like to start out by just showing you my modus operandi, this is an aerial photo, most of the area which is co..cerned in this .oning' overlay district, you see down here Bayshore Drive, here is 27th, and here is Mary, Aviation over here, landmarks you are all familiar with, you have seen this, on the projector. I have, as a means of displaying what would be permitted under the present zoning, if the present zoning is not changed by virtue of incorporation of this zoning overlay, I have drawn out tracts of land which we have all discussed among ourselves, have reconnoitered, have inspected, and we feel would be susceptible to parcel purchase by developers and with the idea in mind of acquiring enough lots so as to use the present zoning to their maximum. The tracts of land I have numbered by roman numeral ---I have the figures here that I am prepared to show to -nybody if any of you have questions, on the overlay, --tracts on Mary, along Mary and running up 27th extend northward off this map, the two tracts along either side of 27th which are now zoned R-4 go up to Tigertail, this, tract here which we see a corner of is roughly a square tract, which is zoned R-4, then there is a mixture of R-C and R-4 as you know on the land between Bayshore, roughly and Tigertail. What we have done is try to show you what would happen if these individual tracts which we feel is the result of detailed study of each, might possibly be acquired by developers with the intent of going high rise and using the R-4 or R-C zoning to their maximum extent, Let's look at a perspective drawing of something a little more human maybe, the elevation you see here is very valuable and the perspective will help you see what human beings will be impacted by as they stand on the front steps of City Hall, City Hall is right here, we are looking down Pan American and we see a few intruders on the skyline that we are familiar with, Office in the Grove, a 10 stoey structure Coconut Grove Hotel, the Bank is visible right behind, Dinner Key Auditorium and here you have Yacht Harbor, and over here you see, Sailboat Bay, Some intruders on the sense of foliage and air and space, which we feel is a prime value but still the impression you give is the distinctive unique Grove -kind of an impact, -'fresh air, clouds, not really a 20th century kind of thing. If we lay down an overlay showing what could be done on each of those numbered tracts, under the zoning that now exists, you can see what could happen to the Grove, Welcome to the big city, ------the only thing remaining for me to draw is an elevated subway entrance,-----l-Grand Central Station,, -----this of JUL 171975 eoitrse ae would riot see,if all of these buildings at title tine(inaudible) The power toward _..,. _And atalgamation of large tracts of land is Sc strong in any city in the country that we see so effectively dtiwn tritkeil, wiping out an area that at one tithe was one of the joys, one of the rith elements of Miami, there is increasing pressure on existing property owners to sell to the developers, the taxes keep going up and up, and t at sure the Mayor can tell us about that,-',Eit is a monolith, with tremendous pressures Oh individual property owners, so we feel the pulling together of at least several of these large tracts is a threat and real danger that we have to cope with, Of this I think runs completely contrary tb the values of the Trove, I don't appre ci atext all the opposition characterizing this neighborhood as one that on the way down, on skids betotning blighted, and if we don't put up tote concrete it will become more blighted. The Grove is a very healthy area. I think that you, the members of the Commission, the tnetnbers of the Planning Advisory Board, have felt the kind of health, the life -blood of the Grove that is herein the concern ofits residents. For years we have been bringing ourselves into close contact with you to try and chart the course of future development of this community that will square with human and social and aesthetic values as importantly, and in sotne cases more importantly, than property values, and accumulation of speculative wealth, --there is a in the Grove, nobody who goes through the downtown area, through that shopping area, can possibly agree with a characterization of this community as one that is facing blight, if there is not more concrete poured, that is crazy. I think, on the other hand that this kind of development is the sort of thing that 20/40/60 or (inaudible) will insure blight. This is the kind of things that over the long haul, when the buildings are no longer so pretty, and maybe you and I are gone, or no longer concerned, will be the kind of place people will not want to live, and it will begin to breed the kind of social problems, the crime the drug problems, the congestion, that is in the hearts of American cities----if'this development goes unchecked. We see this I think down along Grand right now, the ghetto area on Grand .as it approaches Dixie is a result of federal money which was handed to developers, following world war II and they came in and built housing on the basis of lots of promises that is going to be great for the community, it is going to be lost cost housing, the developers put up those conrete monsters, they take off with their profits, they could care less, about what happens 20 years later in 1975 with the kind of crime and social dissent and expensive problems for the city to cope with that we now see in that Grand area. We are pleading with you to decide in favor of the planning commission's approach for the zoning of this area because we believe that it will make people happier, over the long run, it will contribute to human health in this neighborhood, it will make it the kind of place people want to live in, will continue to be concerned about and take care of so that hopefully in 5 or 10 years there will be as many Groveites attending commission meetings, planning advisory commissions concerned about what happens to their community as there have been over the last 4 or 5 years. We stand foursquare behind the city Planning Department's proposed zoning overlay. There is one specific item I might point out, ---in tract 8, which includes the 7 story structure, the Summer Hill apartments, I felt on the one hand, it is quite possible in 5 or 10 years, who knows, there would be enough pressure on the owner, (inaudible) it might become amalmagated, but I did not calculate that into the total acreage, and then work to floor area ratios, and come up with height of buildings, if that were done however, you would be looking at not just this kind but that additional tract represented now, by a 7 story apartment building, would allow 8 more stories on that building. I might point out further that these buildings here are up on 27th, if those two tracts that run along 27th up toward Tigertail, were developed to what the zoning to be would allow, you would see not only this, but another one that probably would be hidden behind here, and two buildings here (indicating) and two buildings here, so from this standpoint here you see not only activity along Bayshore, activity buried down along Mary, which is these and these, but all along 27th you will be aware of structures climbing into the sky, Mr. Rice; Mr, Mayor I would like to make a comment on that, Certainly if you allow 10 story buildings there, they would even to a greater degree obliterate the skyline if developed to the full potential, Mr, Jacoby: I agree completely that 10 stories is too much, and Mr, Rice: You wouldn't have any blue sky in between the buildings to speak of, ;, • 71975 Mayot Terre: The argutent of course of having thtee stoties,, ot 10 stoties dt what have you, along Bayshore Hrive, you have to be Careful With that unless you have everything jttst as you said Rig and go to single filthily residences, It is all a relative question. This height question is very relative, this thing of saying you &hn't want 10 story buildings because it tarts a shodow Oh the other side, you could take that ad itifittituth, _..., Mr. Rice: The tdeti Roc brought that lawsuit and lost, against the I'outttain hleu, Mayor Ferrel I cotninend you Mr, Jacoby for the fact that you ate very adapted to making a graphic presentation tallith snakes a valid point, and t think, would Mr. Rice want to rebut, then t think we have to close this and get on to the rioting aspects of it. Mr. Jacoby: I would like to make one last observation, the 20 story structure here, Yacht Harbor and the 22 story Grove Hotel are now being sighted by the deviopers as an average level below which it wouldn't be fait to cut anybody else. I would like to point out that those key structures are aberations. The Coconut Grove Hotel was built with floor area ratio of 2.0 Whereas that zone specifies 1.6. The Yacht Harbor was built to 1.85 by virtues of variances and bonuses and etc. They have exceeded the basic zoning requirement so I feel that those two structures which pushed their way up through a maze of governmental decisions, should not be taken as a valid average in governing what is fair for anybody else. Those are aberations. This is an F.A.R. 1.85 again as compared with 1.6. Mr. Rice: The net result of that statement is that there would be more open space had not the commission granted variances. We don't want any variance, we are not here for variances, all we want is the floor area ratio that the present owner have along Bayshore Drive that have developed their property in order that we be competitive. You just can't borrow money unless you are competitive, and what you are doing today is taking the compet— itiveness out of the picture and instead of having air and space in between those building,., your 10 stories are going to be a solid wall. You are not going to have the open ground space on the ground. Dr. Robertson: Thank you Mayor Ferre,---your building downtown has done a great deal to revitalize the downtown area and I think building should not be stopped here. I would like to remind a principle that has been mentioned before, that is of taking someone's property, --if you have 6 children you shouldn't have three of them taken away from you because somebody don't think you ought to have more than three children the family.Property value is no different than anything else you own. If you are going to take this from somebody there should be some recompense for it. One alternative which was proposed sometime back, one of you were the gentleman, was actually putting this on a ballot to see if the city wanted to buy this to preserve what was there, and if anybody feels so strongly that they want to pay the extra taxes to buy this, be my guest. Thank you. Mayor Ferre: Dr. Robertson, since you keep refering, and you have done it four times this morning, to my building, Dr. Robertson: ---it is a wonderful thing, Mayor FErre:---I would like to point out to you sir, that you cannot say in this case what is sauce for the goose if sauce for the gander, because you are not talking about equal type of property. It just happens the property you are referring to is my building, it happens to be right smack in the middle of downtown Miami, certainly I don't think anybody, any developer including yourself I am sure would not want to imply that Coconut Grove is going to eventually end up being developed like downtown Miami because, these are not both geese, this is not goose and the gander, we have a fowl of another nature here. Dr. Robertson: We already have the restriction built in to the present zoning to make it far less dense than downtown. You have already got the best zoning department in the world just about, all over the United States they recognized as the highest standards of all. If somebody wants to take this and come and buy it from us, fine, but it is not morally right to take something that somebody has away from them without recompense, Mayor Ferre; I understand your argument. 443 s.1975 Mr. beet Mr. Mayor don't forget that behind this Wall of 10 story buildings is my client's foist.,story building in the shadows. 1 think we ought to do something about raising that story, Mayor.` Perre As you yourself said, the Eden Roc vs► Pontaiteb eau that that premise was established and that is not valid, t don't think that eothes into play. 1 think we have heard the arguments on both sides so what is the will of this commission, Mrs: 'Gordon: Mr. tuft did you want to say something? Mr. tuft: Mr.Mayor, I mould like to retail the pcint about the overlay district as it applies east of Aviation, Whether or not you specifically wish to go On record as having excluded all areas east of Aviation from the overlay district because of the trap conflict, or whether you want it to include all areas east of Aviation. Mrs. Gordon: You didn't include all areas east of Aviation, you included only the northerly portions and I didn't conclude that as being conclusive in my opinion, at this point in time since we have deferred any action on east Aviation, that could be expanded over there if that should be the desire of the commission at the next hearing, I would assume, but your recommendation wasn't conclusive, was it? You recommendation for the overlay, Mr. Luft:----that is right, it was not,----- Mrs. Gordon: ---on the east side did not include all of the properties that are not zoned R-1. Mr. Luft: That is correct, Mrs. Gordon: Then therefore what we are talking about is just a segment and I don't think we should do just a segment. I have been a firm believer in maintaining the character of the Grove area, extending back at least 12 years from my first experience as a member of the planning and zoning board, in 1964 I took a seat or that Board and came to this section representing Coconut Grove with a philosophy that I had the most beautiful area as my personal responsibility, in that I needed to try to do everything I could to prevent the destruction of its character. And I think over those many years that I served and the many decision I had to make, I found many a case where I did not win popularity polls with particular owners but my conscience went with what was best for the City, and for the area, the area I was the representative of. And today we face a similar situation, we are making a decision that is a rather unique decision ---it is one that is a new approach to zoning, it is inovative and we are in a modern times and we have to live with modern and up-to-date approaches, and changing the total classification for a city as large is the City of Miami and with due respect to the attorney whose's ability is beyond question, and the the property owner's integrity, we here, ---I, the rest of us, are going to have to judge this by our conscience and so in good conscience there is no other way that I know that the future of the city and particularly the area of Coconut Grove we are dealing with today, can be insured other than a comprehensive planning style and this is it, this is comprehensive planning that we are doing and I so move approval of upholding the recommendation of the Planning Department and the Planning Advisory Board. Mayor Ferre: We have a motion to approve as presented, do we have a second? Mr. Plummer Mr. Mayor I have to get this thing resolved in my mind. If this thing is approved today John, I guess I am going to be speaking against the City, but I' am in favor of a 10 story height limit. I think it is great, I think it is something that has got to be, Can this man go to court and get compensated for his loss, Mr, Lloyd, City Attorney; No, the only thing he can do in court is file an action for, basically a declaratory judgement to have the court determine whether or not the decision of the commission in passing this ordinance was shall we say, for lack of a better term, fair and reasonable in light of all the circumstances, and if the court decides it isn't why then of course JUL 171975 the watt tail rezone it back to its otigitial toning as it teas s or the eoutt will determine that the comMissiorr's attiott was teas: ibte, but he does tot get compensated in this type of action, We lre not talking about inverse condemnation itt this type of thing. Mts. Gordon: And also there is a lotig range and short range view of value. And in the short tange view of value, perhaps the high intensity of develop:hent might be the approach you would use but in the long term approach to value, what will be the most valuable the future, to even those property owners who will be today affected by th`_ overlayi night be this overlay, and that is because the character of Utz neighborhood will be insured and the kind of development that will take place wilibe itt keeping with the kind of developtnettt that presently exists, the village type, there are people who cote to this area of Florida, specifically come to. Coconut Grove to see what a village within a big town looks like, attd they find it so unique, that many people ate settling here, is one reason why we have so much congestion in this particular area. But it is true, it is unique, there isn't another area that you can compare it with. So, I made the motion before. Mayor Ferre: I'll call one more time, is there a second on the motion? Mr. Plummer: What is the alternative Mr. Mayor. I realize if we don't take any action on this. Mayor Ferre: You can defer this item or you can reject it. it is just that simple. Mr. Plummer: Is there a compromise? Mayor Ferre: It is very simple, there are two basic points here, 30 ft. setbacks, ---- Mr. Plummer: I have got not qualms here, ---- Mayor Ferre:----and 10 story limitations, 110 ft.high in that line that is drawn across. Mrs. Gordon: ---and the design approval ,---- Mr. Plummer: I have no problem there. My problem is this, and I get back to the same philosophy, this man today, not this man, but those people affected, they could go up as Mr. Jacoby said to 20 floors. Mr. Mayor they bo,ght that property and paid a price for it, for that opportunity. They pay taxes based on that opportunity, and here we are, going to come along, I don't know how long some of these properties have been owned. Mrs. Gordon: Can I help you in your deliberation by rLtr.:.shing our memories and by asking the department how many years ago 'hey renewed the height restrictions on R--4, it wasn't that many years ago when you could only go up a few stories in R-4. Mr. Luft do you have the answer, or Jack can give me that answer? Mr. Actong: I joined the city in 1966 and it was lifted prior to that time. I say it was probably about 1964,-- Mrs. Gordon: I recall the time that it was lifted and it was a time when I was involved in the processes of zoning. Prior to that time some of the persons affected by it today are just going back to where they were then, but at the time that it was changed, it was thought at that time that it would be beneficial to allow higher construction and smaller lot coverage. That was the reason; obviously that theory has changed, so that is why we are deliberating today as we are. Mayor Terre: I is almost 2 o'clock, we are way behind, we still have item 10 to go to, we have S.A.L.A.D, people, Mr & Mrs, Starkey who have now come back from lunch, we have to move, so what is the will of this commission, Rev, Gibson: I am going to second that motion, simply because I am convinced that even if I use the body as an illustration, as the counsel said aid evett the boetot said, 1 notite they made hands, feet atd eyes, they didn't take all hand!;, all eyes, and all feet, so 1 had to think of thy atiawet for him, so 1 waist to second the motiht . Mr. nutter: Mr. Mayor le this city in a position to have an appraisal Of that property of today, what it would be worth totr►ortrow and pay this matt the difference? Mayor Verret You see, Mr. Plummer, as 1 understand the law, and t ant not a lawyer, somebody stop the if 1 atn saying this wrong, the law gives a municipality like the city of Miami, within its policing power the right to change zoning, up of down. There is a tnoral question which t subscribe to with you and I 'completely wholeheartedly agree that me tt►ust balance the harm that we can do to an individual by taking by this policing power, property and changing the zoning or, whet we down grade or up -grade whichever way you want to classify it and change zoning and let people build more, how we affect surrounding property values, because there is always the question as to whether land values go up or down as you go in these different directions. Now, what is before us, is a change in zoning pattern of this neighborhood. The real question as I see it cannot be answered on a philosophical basis, it has to be answered on a pragmatic basis, and the question is, are we doing irreparable harm to these properties to an extent that the people, who are the owners of that property will not be able to recuperate, the value, not that they could make, through speculation, but the value they are morally entitled to, not legally, legally you get into an awful lot of questions. I think each of us, as Rose Gordon said, have got to make our own decision because what we are balancing on the one hand, is the right of society as a whole, and all the people that are involved, and the recognition which is a coming thing in modern America, that in effect the ownership of property does not mean that you own it to the extent that you can destroy it, or dig it, or knock all the trees down, the implication is that there is a sense of stewardship on the ownership of property and the property owner is entitled to use his property as he sees fit, as long as it does not do an overall harm to society as a whole. We had in the newspapers this morning,before a federal case a definition of what was or was not -pornographic. You say what does that have to do with this. Well the United States Supreme Court decided that each society, in other words, each segment of America would have to decide for itself what was, or was not morally acceptable. IfI had been on that jury I would have voted against it, because I think to me, that is not morally acceptable, and does not represent my standards of morality but the majority of those people who sat as a group of peers, decided that was reasonable and acceptable within the moral structure of this community. This matter is one that in a similar connotation, we must deliberate and decide whether or not society as a whole is for what we are about to do, and then we have to weigh that against the individual right which is safeguarded by the constitution of the United States, as to whether an individual and his right to property and ownership is being safeguarded or if by our actions we are causing irreparable harm. I might remind this commission that within this pas*. month in the case of Little River, this commission itself decided that the damage being done to enough properties by the Little River plan was such that I would remind the commission that we deferred that item for further study because wewere concerned about the harm that would befall a great number of individuals and it would impair upon their rights I think in this case we have to make our own minds as to whether or not the rights of society as a whole, if we believe this is representative of that, supereedes the rights of each individual property owner. And that is where we are at, and as I said, when you really get down to it, it is going to be a pragmatic decision, because the decision is going to be based upon whether in our minds we think that what will ensue from what we will do in the next 20 years, will upgrade the value of this property because we are safe- guarding the character of the area, or whether it will not. And if we think it is an unjust thing, that we vote one way, if we think it is reasonable, then we vote another. That is where we are at, I am ready to vote. Mr. Plummer: I have made my statement very clear, and I` can see from the way this thing is going today that it is going to pass, and I believe I am going to vote for it. I will tell you why, I want this thing to be taken to court because I want a decision to be made, I think the integrity of the zoning of this city is at stake, I think the people will no longer want to come into this city with this kind of decision making. People cannot have 'the confidence in the integrity of the zoning, they come in and purchase a piece of property zoned in a manner for which they pay a just fee for, that they don't have any 075 assurance that totOrrOW tit teXt year that piece of property will bet be able to be used the Why they purchased it. Mr, Mayor / at softy / have to time the comparison t6 try own busibesS. Mayor Vette: GO right ahead, it is an iftiportatit decision, you take your tithe Mr, PlumMer: At this point right now, I am considering ptrehasing a piece of property for ati additional expansion to my funeral home, That is a specified type of toniug. It is very restrictive, I go out today and / ain going to pay more money for that piece of property so that when I wish to eXpand, I can, and / go out and buy this piece of property and a governing body tomorrow changes their mind, I paid a premium for this piece of property and tomorrow I can't use it. I am not in any other business. Rev. Gibson: Are you saying to me that zoning, which is a right of the public, ought to be a right of an individual, are you saying that right ought to be in perpetuity? Mr. Plummer: Not in perpetuity, ---- Mayor Ferre: Mr, Plummer I might add this thought. I am not too good at Latin but caveat emptor, doesn't that mean the buyer must always beware, and he must be conscious that these things are not fixed are not fixed or chiseled into stone forever. Since we are getting into philosophy now, let me then make this statement for the record and you have heard me make this statement before, I want to repeat it again. The word 'legislate' comes from the Latin 'Legisatos:' Legislatos means technically and literally translated to put into law that which exists in spirit, which then means that laws are nothing more than an extension of the will of the majority of the people as expressed in consensus, and therefore that means that laws change and we in this nation and I can point out for example, --you can start in civil rights, the question of desegregation, of open -housing and all of the laws that have been passed in this nation in the past 25 years. I could rattle off 100 of them right now,that go to the point, that laws change depending on the viewpoint of society and what society perceives as their rights. Now what we are about is the passing of a law then in effect changes the premise. Whither or not we agree to it or not is what we have to decide on here. Mrs. Gordon: Mr. Mayor may I make a comment and an aside one that I think will make Mr. Plummer feel a little better about this action. If you recall you commended earlier today of the innovative way the Allan Morris property was handled, and I had taken a lot of flak at the time because what we did there was transferring development rights. Now that is a new approach in zoning and it isn't really being done to a great deal of extent yet, but it may in the future and it may be in the future some kinds of amendments might come about which will transfer development rights from one property another and permit modification to the overlay. But at this point in time there is no such thing on the books, and so for this point in time, this is the approach that we need to take to insure that at some time in the future we can approach the other out. Mr. Plummer: Rose, I think everybody has missed my point, I am all in favor of this. I think it is right, and needed, it is a must, ---I can't get the other thing in my conscience that tells me that we are taking away from an individual his hard earned dollars, his life's investment, maybe, ---and I am not just speaking to just Dr. Robertson because we are speaking of others, and that is the pang of conscience I've go. I am all in favor of the project, I think it is needed, it is a must, Mayor Ferre: If there is no further discussion, I'll call for a roll -call. Mr. Lloyd, City Attorney read the ordinance by title and stated copies were available to the public and each commission was supplied a copy. 4 a 1 i' 1 ., . ' 04 4,1 .1 • _ AN OIthINAI4CE ENTI'ILtt AN OkbINANCE AMEND/NO toRD/NANCE NO. 6871, THE CoHPAtHENS1VE BONING ORDINANCE OE T'HE CfTY of tMIAtMI, PLOfttbA, Sy 1NSERTIN4 A NEW ARIltt I-4 'Srr 2, CocoNUI GROVE SPECIAL 'oVE1tLAY bISTktCT,, PROVIDING POE INTENT EI•FEC'T 014 THE SPtCtAL OVERLAY DISTRICT, ICT, SITE AND DEVELOPMENT PLAN REVIEWS, YAEh AREAS AND HttOH t AS IE tEtNAPtEk SET 1oHrH REPEALING Att 'OEbTNANCES, Cobt SI;Ctt0NS, Olt PATS 1HEREOP IN CoNELICt, 'INSOFAR AS THEY Allt IN CONFLICT, AND CONTAINING A SEVERAI3ILITY PEOVtSION Vas introduced by Commissioner Gorden and seconded by CetntnissionerGibson and passed on its first reading by title by the following vote AYES. Commissioner Rose Gordon, Commissioner (Rev.) Theodore R. Gibson, Vice Mayor J.L. Pluttmer and Mayor Maurice Ferree NOES: None. ABSENT: Commissioner feboso. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. CHANGE OF ZONING- GENERAL A AS IN COCONUT 13, ORDINANCE AMENDMENT - GROVE ON BOTH SIDES OF S,W�a AVENUE, NORTH SIDE OF $AYSHORE DRIVE, SOUTH SIDE DIXtE HINA1( Mayor Ferre: Would you explain the impact of Item 10 and then I'll recognize Mr. Rice and then the proponents. Mr. Acton: Mr. Mayor and members of the commission, Item 10 is the application of the overlay district to Coconut Grove, as indicated by the map on the wall. Mayor Ferre: All right, the opponents, Mr. Rice. Mr. Jack Rice: Going to the next step is application of this ordinance to my client's property, which is a substantial number of those on Bayshore Drive with exception of those already developed. I should first preface my remarks by saying that I would like to include in this argument the same argument I had as to the R-CC because it would be rather repetitious showing that there has been no change in this area other than a more commercial activity therefore the commission should take less legis- lative interest in rezoning this particular area and I am talking about South Bayshore Drive and really I am only interested in South Bayshore Drive from Mary Street north to Aviation, and from Tigertail, on the same Mary, Street to Aviation. I would like to have that area excluded from application of this SPD district. Mayor Ferre: Would somebody indicate that on the map, what area counsel, is referring to. You are talking about a large segment of this overlay district? Mr, Rice: Yes, sir, Mr. Plummer: Are we on item 10? Unidentified person: Yes, we are, Mr. Plummer: Well on item 10 this only applies to 27th Avenue both sides of 27th Avenue from Bayshore to Dixie, that is all it applies to Jack. Mayor Ferre; It` is the area in blue on the map. Mr, Plummer: I am sorry, my mistake, Mr, Rice; Now the first thing is the master plan recognize that the City of Miami has the largest area of development for multi -family use of the entire Dade County, It is the position of the county, that rather than develop the outlying areas that all the existing properties within the municipalities in the county that can afford services presently, should be developed first, and 1 think that is axiomatic, and I don't think that there is any 'question about it, Secondly the tepid transit system is pteditated oft the fact that there would be ttulti,fatnily use along its system in order to support it. You can't have a 500 Million dollar system with serving single family residents, you have to have 'tnulti=family use. There is a rapid transit station at 17th Avenue and there is one at 27th Avenue for assimilation of passengers for the use of this facility, It addition all of Bayshote (rive has been improved. 1 don't want these people saying that I atn talking about that area to the north of Aviation, t atn saying that that area between Nary Street, in fact all the way up to Macfarland to Aviation is relatively tiew construction, having been built within the last 25 years. The highrises have been built within the last 5 years and all those highs-ises that had been built that have been built in excess of the lot area coverage were done by variances of this commission. This SPD district by the way also provides an answer to what ., control the commission has concerning development of the land, even if you constructed s a 20 stody building, assuming you would permit 20 story buildings to be constructed, the Planning Board , rather the Planning Administrator, and the Commission would have a say-so concerning the type of construction that will be permitted under the SPD district. 1 want to bring that in to show that if you let it at 20 stories, rather than having a solid block of obstruction in 10 story buildings, that you would still have a great deal of control under this SPD district that you don't now have. So you could regulate to a great extent the type of 20-story buildings that go in on the property. As previously stated, my clients have paid taxes on the existing R-4 and R-C and we feel this would detrimental to their interest, so at this time not exclude them from this overlay district solely on the basis of the 10 story limitation and the 4-story limitation, and the 30 ft. setback area which we don't oppose a 30 ft. setback area if it come within the setbacks that is provided in the current R-C ordinance and according to the type of development. you have it may exceed even a 30 ft setback provision.I would say that this ordinance applied to my client certainly, would take us out of the competitive field of competing with Sailboat Bay, theCoconut Grove Hotel and all those other developments in the area, and I want to say something further, that contrary to what the commission is saying, that my clients have maintained a high degree of care of their facilities. There is nothing that has been done by anybody. that I know along S. Bayshore Drive that is detrimental to the community. There is no slums, all property is kept in first class condition, there are innovations and improvements being made all the time. I would say our track record certainly should lead the commission to believe that we are doing what we think is better for the community, to say that we are not going to do the community good because we want to build a 20-story building isn't predicated on what we have done in the past. If we do in the future what we have done in the past what is going to be constructed by my client is going to be a first class, high class facility that is not only going to be an asset to the Grove but in order for our client's to make a return on our money has got to be something that is going to be accepted community -wide or you just can't sell or rent the unit'. I say it is a high-class neighborhood, we are going to put a high-class development in, if and when we do put it in, and I'll say this that it isn't going in tomorrow. Mayor Ferre: Are there any other speakers on this item. Dr. Robertson: Mayor Ferre I would like to apologize by mentioning your building. I think you have been one of the finest mayors that has ever been in this city. Mayor Ferre: Thank you Doctor. Dr, Robertson: I meant no offense whatsoever by mentioning your accomplishments and I think your integrity is beyond question. Mayor Ferre: I took no personal offense, you had mentioned the build on four different occasions,-- -- Dr, Robertson: I was doing to compliment you on a wonderful job which I think has helped the downtown area. In the Grove I have tried to do in a small way what I could too. Everything we that we have ever built or bought we have tried to do better than we were required to. We have added mansard fronts on the Jamestown, we have added extra landscaping on Tigerhouse which I built with Mr, pean,--we could have built the same number of units without putting any extra parising on it, We went through a variance just to add parking beneath the building without adding a single unit to it, just do a better job for this thing, JUL 171975 We have added 'mansard toofs ott flattyati 1 and tanyan 2 and we have added extra landscaping at Oak Hatbot Annex and Grove 27 which tar, own also. I would Bever be r?otttent to let this area be less than its full potential, and 1 do tare about what happens to people. Everybody thinks people make mioney off of apartments. 1 can assiute you t have trade a penny off of any of these apartments. They have cost the a great deal. The only thing it has ever" dotte me is to provide some tax shield for my medical practice which I apt a full-time practitioner, 1 am not a developer or anything else. I would like to be able to look at each one of you from time to time, straight itt the eye and say that I have never done anything to harm you and I have never tried to take anything that belongs to you, your reputation of your accomplishments or whatever, on the other hand I would resist with all my powers , long as I am able to try to preserve what rights I bought years and years ago, and paid taxes, ---we put in extra large sewers just to provide lb for the zoning requires it. We landowners paid for that. This was not spread out among the cotnmuttity. All this widening of bayshore Drive was at the expense of the people that front on tayshore Drive, no one else, all of the provisions of the County has been planning for this to be developed as 1-C zoning as it now has a concept. I don't want you to push me back more than you have already allowed people. I want what is mine, I have never asked you for anything, I would like for you to keep this in mind and reserve judgement on your item 9 also, because this is too far reaching and too important to too many people and lam sure that the intent of the previous commissioners before you was very good when they put all the restrictions that are already on this and I plead for you not to put anymore. Thank you. Mayor Ferre: I would be greatful if we could now try to be brief because we have heard all the discussions before. Mr. Wayne Allen: I am Wayne Allen, president of the Tigertail Assoc. I would like to make a couple of quick comments. I think the real issue which you have to recognize here is we aren't talking about intensity of use with this overlay district. We are talking about only height, we are talking about the right of a few individual landowners who own large tracts of property to dict ate to the 20,000 other residents of Coconut Grove what their vistas will be , what sort of neighborhood they will live in. I know Commissioner Plummer is very interested in property values and I think you also have to look at the individual homeowners property values. These types of highrise buildings, if they get developed in Coconut Grove, the result will be the downgrading,a development of slums in the single family areas where over a long, period of time the property values might go back up but during that interim period of time when the greatest impact would be upon the single family homeowners that are trying to raise their families in this community, it would destroy our property values and I think you have to weight that in the equation as well as the property values of these gentlemen who own these large tracts. Thank you very much. Mayor Ferre: I think both sides have presented their arguments well, and now it is time to make a decision. Mrs. Gordon: I don't see that we aro really on a separate item. I believe we are really on the second portion of the same item we previously acted upon, so there would be no reason for any other action than what we previously took to eliminate as large a segment as has been requested of us, would negate the action we have previously taken. I would like to ask our planning department to proceed to investigate for some future time an approach to zoning which is commonly referred to as transferring of development rights at which time, if such an ordinance were to be developed in some manner, people might be allow then to have a greater height even in an overlay zoning if they were then required to keep certain open space areas undeveloped, but that is for some future time. Right now I move item 1110, Mr. Simpson; Mr. Mayor I think for the record we should state that the haps that are attached to the ordinance as is before you, applies this district beyond Aviation Avenue and I take from the conversation that it is the intent to follot, the Planning Advisory Board's recommendation to stop at Aviation. Is that correct? Mayor Ferre: That is correct as I understand it. What we are doing ie, we ate affitming and tonfitt►ittg the Planning Advisory Board's 6 to 0 voote oti Jute 4, as it passed Chet. Read the otdihaitce,-- ---- Mr. tloyd: Vith the understanding the nap will be changed it Aocotdatiee the Will of the tommitsioti. Mayot Fette:Right, Mr. Lloyd thereupon read the ordinance. Copies were available to the public and Commissioners. AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, FLROIDA, BY CHANGING THE ZONING CLASSIFICATION FOR THE AREAS IN COCONUT GROVE BEING BOTH SIDES OF S.W. 27TH AVENUE BETWEEN BAYSNORE DRIVE AND SOUTH DIXIE HIGHWAY; SOUTH SIDE OF SOUTH DIXIE HIGHWAY BETWEEN BRIDGEPORT AND S.W. 22ND AVENUE: AND NORTHWESTERLY SIDE SOUTH BAYSHORE DRIVE B ETWEEN MC FARLANE AND AVIATION AVENUE, AS SHOWN ON THE MAP ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF, TO THE PROPOSED SPD-2 DISTRICT (COCONUT GROVE SPECIAL OVERLAY DISTRICT), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION Was introduced Commissioner Gordon and seconded by Rev. Gibson, and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev) Theodore Gibson Vice -Mayor J.L. Plummer Mayor Maurice A Ferre NOES: None. ( Commissioner Reboso absen) Mayor Ferre: In voting Dr. Robertson, specifically I want to address myself to you to say that I sympathize with the arguments you have presented here. Un- fortunately the problem is that I sympathize in my heart but my mind tells me otherwise, therefore I will vote with the Advisory Board and with my fellow commissioners here and vote yes. Mrs. Gordon: Mr. Mayor would it need a motion to direct the Planning Department to proceed with the kind of study I had previously outlined, if so I move it. Mayor Ferrer: There is a motion to proceed with a study as previously outlined, there is a second by Father Gibson, further discussion? Call the roll, The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO, 75-614 A MOTION REQUESTING THE PLANNING DEPARTMENT TO DEVELOP AN ORDINANCE WHICH WOULD ALLOW TRANSFER OF PROPERTY RIGHTS TO ENABLE PROPERTY OWNERS TO UTILIZE DEVELOPMENT RIGHTS THAT WERE DENIED AT ONE PARTICULAR LOCATION IN ANOTHER MORE APPROPRIATE LOCATION Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote; AYES; Mrs. Gordon, Rev. Gibson, Vice Mayor Plummer and Mayor Ferre. NOES; None. ABSENT; Commissioner Reboso. 1' 1g4 CHM is S1ARKE`Y Tc firntr:y1',fit• • GPANtt L tC1 i+lOMt tt`( torAtRP -01: .01n1N0 tol I , Pa86NAL APP ARANC lot atheoffCitythe su jec o public hearing in 1968. Mr. Plummer: Let me ask this question. Mrs. Starkey contacted my office about 6 weeks ago, ---Mrs. Starkey is` there any contention on your part tat what Mr. Simpson has said is not correct, not that he hasn't state as e knows it, f k' h 1' I } b d h h h ffi ' officewill Mrs. Starkey: In as far as it goes, is correct. Mr4 LloydCity Attotety: That is cotrect what the Matiaget says4 the appeal period of 15 days is paSt4 With the Zoning Boates decision it becomes final inasmuch as not appeal as taken at that tite. Mayor Ferret Mrs. Starkey you understand the legal implication of thls4 but as a citizens she is entitled to be heard by her commission and you go tight ahead and say whatever you watt. Mrs. StarkeyThank you Mayor Ferre. At the time this was heard before the zoning board 4 none of this itfomatiot regardi,g the fact that the Towet Theater or Vometco tftterprises had leased a portion of the original parking lot for profit for the Towet Theater at a 5-year proposed lease at a rate of $450,00 per Month provided they got additional parking so they could lease out a portion of the original lot. None of this was brought out at the original hearing before the Miami Zoning Board. Also we are directly affected beeaese our property is a wooden frame building which conforms to the zoning standards and if that lot is used for parking, it will be a fire hazard for our property because throwing cigarettes back there could very easily start a fire and there are 5 people residing in that two-story garage apartment. It will be a nuisance as far as the parking is concerned, as far as lights as far as noise, as far as garbage is concerned, but in addition to this, the original premise that they wanted that lot for their own use was true, they did not say that they wanted to lease out a portion of their original lot for someone elsess use, because we did not know that at the time, and I understand when the original variance was granted for the original on 14th Avenue that it was for the exclusive use of the Tower Theater and could not at any time be leased or rented to anyone else. This was back in 1952 when they did have to go up in front of the commission and get a variance for that lot. Mayor FerreAll right, are there any other members of the public who : want to speak on this item. Mr. Umberto G. Piedra: My name is Umberto G. Piedra, and I live at 309 E. San Marino Drive. At the time that Wometco requested a conditional use on lot 19 no lease had been signed. Mayor Ferre: Are you here representing, Mr. Umberto Piedra: I am not representing Wometco, sir. Mayor Ferre: Who are you representing? Mr. Piedra: I am the owner of the proposed restaurant on lot 13.Since we are going to come before this commission again, sometime in September I understand for a conditioal use on lots 9 & 10 I think my argements before the commission could be worthwhile at this point. As I understand it, Mrs. Starkey has come before the commission today in a courtesy appearance since every citizen has the right to be heard. We requested, representing Wometco at the time, through our lawyer Mr. Alex Gordon, the conditional use of lot 19 before any lease had been signed. The city issued proper notification to all property owners in the area. We went out and got over 45 signatures favoring the proposal. No opposition was made. The public hearing took place and the zoning board voted by 7 votes to nothing in favor of the proposal. The appealing period of 15 days elapsed, and now after 3 months we have to come back in order to defend our case, that was already defended and won before the proper zoning authorities. Thank you. Mr, Plummer: Let me ask this question because I think it has to come to the bottom line, Is there any avenue open to Mrs. Starkey through this commission legally? Mr. Lloyd: Not at this time. Mr. Plummer: What you say is that she had her chance and unfortunately she did not exercise her opption. Is that what you are saying? I don't know what else we can do Mrs, Starkey, Rev, Gibson: Let me ask a question, I agree with you but were all the facts disclosed? JUL 171975. Mrs. Starkey: fro they were t t. If you Will look back through the Minutes of that particular t►eetiag, tote of these facts Were disclosed. Mayor ferret What recourse does Mrs, Starkey have, Mt. Mutter: That is what 1 at trying to get to, Have, do 1 undetstatid, and 1 ask you to answer it rather that Mrs. Starkey, is she itaplying or do you understand her to imply that gybe it was not as presented, that the facta are different as presented? Atd if so is thete a basis for it? Mrs Situp;out The application commissioner Plummer that was submitted to our office teal: "a request for conditional use for off street parking with one 10 ft, opening ot't l5th, to enlarge the parking lot already in existence on lots 8,9,10,17 and 18, all in conjunction with Wometco Theater at 1500 SW 8th Street", -.‘...during the course of the public hearing, they were represented by Alex S. Gordan, who represented Wotneteo Threater. There was never any reference made to the proposed restaurant, ----or rather the restaurant now being proposed on lot 13, and that restaurant is also in conjunction with projerty owned by Wometco on lot 14,so there was never any mention of that but it was an expansion of an existing property. you could say Wometco Theater but there is also a business operation on lot 14. Rev. Gibson: Let me ask this question. I would think if I were on the board and you came for a conditional use or a continuation of a use or expansion of use in connection with the theater, that would be one thing. 'I don't see how if another enterprise, business, wants to go in there, and this is not disclosed --is it fair to us, I think if she knew that a restaurant was going there, I'll tell you how I would react to the theater, so will, they aren't going to be there but so many hours, and what I heard is what disturbs me, that Wometco asked to have this extended and added to, the Board I am sure did it with the full understanding, I believe, that this was a theater operation or not, --a theater and, ---I think out of fairness the legal department ought to come up with a course of action for us. Mr. Simpson: Commissioner Gibson, in that lot 19, which was the subject of the board in March, in no way ties to the now It was separate and apart from that. all fairness, I would like to state public hearing before the zoning proposed useof property by the restaurant. Mr. Plummer: Mrs. Starkey doesn't want a parking lot there regardless of who it is for. The point is, if in fact this was granted for the theater, and this flaw has been found, it could still be used for the theater, but no way could the restaurant use it for their configuration of their parking. Mayor Ferre: If these children want to sit down, up in front, they can sit right down here. Mr. Plummer: There are some seats in the press box if they want to sit up there. Mr. Andrews: Mr. Mayor and members of the commission in fairness to both sides, when this application was made the conditional as listed in the ordinance permit use of the above site for off street parking with one 10 ft opening on 15th Avenue enlarging parking lot already in existence on and if you will follow the map up there, lots 8, 9, 10 17 and 18 and you will notice that 14 is excluded where it is comtemplated the restaurant would go . one Rev. Gibson; If that be the case, what is 14 going to do about parking? Mayor Ferre: I am going hour behind, to put a 5 minute limit because we are now Mr. Plummer; What is the solution Mr. Lloyd? Mr, Lloyd: The before the planning Mrs. Starkey should someting different, solution is that at the time they come back for the hearing; board or the zoning board, with regard to the restaurant, appear at that time, and if the facts are such as to make she gets another chance at it. Mrs. Starkey; That is all right with us Mayor Ferre, as long as it is brought out that this information was not presented at the original hearing when Wometco was granted their variance. JUL, r11975 board of SALAD, Mr. Mayor tette! 1 Watt tt snake very sere that whets this item cosies up for a heating, that the administration takes particular tare of advtising the Starke)ys to they can be present at that time. Mt. Piedra: T twill say that all itiformAttifr that existed at that time of this conditional use request was certainly disclosed before the toting board. The information not disclosed was the toti.-existing information that tttow eitlsts. the lease is certainly dated ., to that heating. Mayor tette: We till see you ifi September. Thank you very much. t. Simpson: The hearing before the board was March 11 of this year. The application for the public hearing for the restaurant is on my application dated July 11, and was taken from tiny office, and picked up yesterday. Mayor Terre: Thank you very touch. - MR, MIGUEL GONZALEZ REPRESENTING S.A,L,A,D. 20, PERSONAL APPEARANCE Mr. Miguel Gonzalez; My name is Miguel Gonzales, I am vice chairman of S.A.L.A.D. Spanish American League Against Discrminiation, my address is 4341 SW. 13th Terrace, Miami. I have a statement which was drafted by SALAD and I will read it to you. "In November 1974 the Chair of the Executive Committee, Mayor Ferre: Excuse me Mr. Gonzalez, do you have copies for the members of the commission? Mr. Gonzalez: Yes, sir. Mayor Ferre: I think if you passed them out as you read it, we could follow you. Thank you Mr. Gonzalez: again, 'November 1974 the Chairman of the executive made a recommendation to this commission regarding the need to establish residency requirements as an approach to better reflect the ethnic composition of Miami residents in the public sector. The rationale behind this recommendation was based on the fact that 88% of the police force happens to live out of the City they serve. The position that we are presenting today is that we must up -grade qualifications so they reflect realistically the needs of our tri-ethnic population. This of course is not the time or place to elaborate a long list of incidents illustrating the police force's inadequacies to provide equal protection under the law to the Spanish speaking population of the city of Miami. That would unnecessary and repetitious at this point'. The situation however is not known. It has prevailed for many years, but new factors are forcing us to take a closer look at that issue. Compliance with a court order giving the City of Miami 5 years to increase the number of blacks, and Latin orricers on the force is a challenge of great magnatude, a growing realization among minorities that they have less than equal opportunity to qualify for many jobs will continue to provide grass -root pressure for those who aren't in control to search for real solutions rather than hanging on to excuses. Attempts to bring about a proportionate number of Latins and blacks have been labeled as reverse discrimination by many people, The rational is that candidates must be judged by their qualifications and abilities. There is no disagreement with the idea that qualifications must be raised for all candidates, not lowered, But it is time to recognize that because of the linguistic and cultural diversities of the residents of, the city, police officers and adminis- trators must first meet the elementary requirement of communicating effectively with the population they serve. Bi-lingualism should be the goal to be achieved by all public servants in this city including those on the force, In addition, high standards of cultural awareness and sensitivity must also be met. A police force that reflects only the cultural value of one segment of our tri^ethnic community cannot be considered qualified to provide equal protection under the law to all residents of this city, What we are proposing here is quite simple, that no criteria for the determining qualifications to join the public sector in this city must be up -graded and up -dated in order to reflect a reality of our ethinc cultural and, linguistic diversity, English is essential to serve our predominately multi-lingual English speaking society, but Spanish for instance tat no longer be dismissed as a nuisance tvithift the totttekt of bade County or the City of Mali' Likewise, a set of erl.tetia tat be established to evaluate the qualifications or ability of a candidate, to Operate and tOtttftidate effectively it a does -cultural ditiettsiof with out black brothers and sisters. Just as some of us cat', demonstrate iat gunge proficiency that can be measured it standatdited tests, the ability to relate t4ith others it a Bross=cultural, multi -ethnic setting, raft be acquired through specialized training and is also measurable. It is rather obvious chat if qualifications for joining the police force or remaining iut it were to reflect the needs of the entire community, the its could bd left out, while the outs would stand a better chance of getting in. if this cotmmissirn realty intends to go to the root of the problem,: it trustgo beyond the complilation of ugly incidence rem fleeting polite brutality, repression and neglect, suffered by the ethnic and language minorities, which it the City of Miami make up 75% of the population. Our conclusion is that the criteria for qualifying in the public sector and very especially in the police forte must evaluate the acid and potential of all candidates, not just the characteristics of the white, Anglo-European group who has managed to control the access to jobs on the basis of cultural bias and institutional discrimination. Tor many mistakes quote, un-quote, mistakes, are being committed by police officers, because of their inability to communicate with significant numbers of taxpayers, obviously these mistakes can be corrected but continued failure to correct such mistakes can only be interpreted as negligence - willful negligence? No we don't believe so, but negligence by omission is not less irresponsible and equally intolerable. It is now the llth hour for the City of Miami police department. Failure to act now, failure to stop dragging our feet, can only lead to an imposition of a rigid quota system which would be the object of un-ending controversy. The challenge before us today is to take the initiative and implement realistic steps like we are proposing to achieve the ideals upon which this country was founded, based on justice and equal treatment for all. Mayor Ferre: Thank you Mr. Gonzalez. I might as Mayor state that I think the record has been very clear that we on this commission, including myself, have been very firm, very strong, in our intentions and I say that very carefully, of our intentions to see that what you are suggesting or implying in this statement is adhered to, not only because we believe in the justice of what you are saying, but also it is the mandate of the federal government as we see it, and hasbeen shown to us by a whole series of federal court actions throughout the United States including New Jersey, Cleveland and other cities. Now, the problem as you pointed out is the breach, or the difference between philosphy or intent and the actual accomplishment of what this commission has gone on record to do. Now we are specifically under mandate, as I understand it, because of the case of Franklin Cohen vs. the City of Miami to within a 5 year period represent the ethnic make-up of our community in police department. That does not mean that that mandate does not imply that we do the same in every department which we all recognize. I might, in what I am about to say, indicate that it is my opinion that the administration of the City of Miami, and by that I specifically refer to Mr. Paul Andrews, the Manager, in my opinion, subscribes to this idea and he has been trying, --I think the administratio has been trying to see the implementation of that. Now, it is true that during the period since that court action, we have only increased our police department by 8 blacks, and by 41 Spanish speaking policemen, but we have gone through, in the tri-cultural program a recruiting process which brought forward a great number of minority members, as you know 75% of the recruits were members of the minority, and in the register they not only qualified but qualified very highly. We are in the midst of trying to get these people who qualify into the police academy at the present time, as you know there is a significant number of minorities in our program. It went to the extent that we now, in the last class of June, that started in the first week in July, we have 17 recruits going through the academy of which 6 are Spanish speaking, 4 are black, out of a total class of 17. Now, that is the positive side, The negative side is that the process if veryslow and the process is one that creates all types of fears and alienations and distrust, and I think we have to be in our deliberations not only deliberate but extremely careful so that we don't end up in trying to achieve something, we end up polarizing the community. I think all of us, including myself, and Manolo Reboso and Father Gibson, who are members of Minority either because we are Spanish speaking or black, ----and I guess Rose a member, Unidentified person; she is also a minority, being a woman,- Mayor Ferre;---'--so is Plummer for that matter in this community, but I think we have to be very just in our process. l welcome your statement, I think it is important that it be made, I concur with the impact of what you are saying, it is a philosophical statement, because you have not come here with any specific' a is recommendation, i t eico to SAL" who I think is one of the outstanding otgat i aatiotis in the coffitunity, tb come before us at anytitie With spetifie tecottiendatiotts that MI bight see, that would tip etnent the philosophy thct you have expouttded which l would be,ffii think 1 would not be tetttiss in saying, is the basic philosophy Of the city of Minti, both from the cotttiission level and the adniinistratioit. 1 t®eltohe anybody else to expound on that. Mrs 0oti2ale2&buid 1 just react to something you said very briefly Mr. Mayor, 1 recognize the efforts of the eity of Miatni cotnttission, and it reflects the tri'ethinc progratn to really increase the tiutber of blacks and Spanish offieets in the police force, however as you just pointed out really the tiagnitude of the effort, not its intention, t guess it is what 1 think has to be re-evaluated, specifically although we are not here to deal with specifics, because we are running behind schedule. t think we have to look at what is preventing the effort of the tri-ethinc group to really get those people, one to be part of the police force, black and Latins, and fail to get into the academy. I think we have to look at a test that is being applied. Mayor Ferre: You bring out a very important point. I don't want to get into a big discussion because we will be here for 2 hours on it, I would like to ask this question of the aministration, and I would like an answer. The tri-cultural grant from LEAA gave us I think, as I remember, over 250 applicants. Now these applicants were schooled. And of the ones that were schooled, when they went to the test, the number that failed, even though it was the Chicago test, was greater than we have had failing in the past, --I am talking about proportions, which then leads me then to the next question, which is that of questioning what the Chicago, --the Univ. of Chicago people have done in their tests. I am not in any way advocating a lowering of standards. I am just saying that how come, if we are now getting experts to come in and make the tests, so there are not ethnic barriers, and after, ---and these are not people that walk off the street to take the exam, they have been class -room trained for the specific purpose of passing the exam, and after those two things, one training, and two, the re-evaluation and re -writing of the exams, yet the proportion of those failing is greater than we have had in the past, then I think I would like to have the administration's reasoning as to why this happened because it can be only one of several things, either the quality of, the people taking the test was just very low, and we just got people that were unable to pass the test period, or two, we didn't do enough training which I doubt because -I think we did train sufficiently, and it was a good program, or three, then we have to question the examination. It is one of those three things, so I think we need an analysis of that. The second point I wanted to ask a question on is this, we have a turnover for retirement purposes or because people are disabled or they just quit which runs somewhat over 100 for the past two or three years Mr. Andrews: 87 Mayor Ferre:----well, close to 100, it was over a 10U the previous year, and more than 100 the 3rd year. That would imply to me, and I recognize that this has gone down, in the last 6 months because we are have less people quit. The proof of the pie is, the people are just not leaving the police department,but the point I am getting to is this, that if, and this is a question, I don't know the answer, if we have 17, in the June class of which 7 are non -Latin, non -black, at that rate, there is no way that we can come near to complying with the court ruling by the time come around. So I question and I ask how do we improve our track record. I want to state for the record publicly that I am not for a quota system. I do not think the quota system will solve the problem, because I think the quota system will create more problems than it will solve, We have to find a way where our philosophy and our theorizing becomes a reality and I think every 4 or 5 months we sit down and deliberate, and I would charge you Mr, Andrews with bringing this matter up in the next couple of meetings again at your choosing so that we can specifically spend an hour or two discussing this after you have studied and come back with your thoughts. Mr, Andrews; If I may add just a few comments Mr, Mayor, I authorized last night an additional 6 people to the same class, They will be identified as the July class so now we have 23 individuals from this current register. The culmination of all of the city's efforts is, I believe in this last register that we have, wherein we have 110 individuals on the register, of which 77 repre- sent the minority or over 70% of that register,--'--^- 'JU L 17197 5 enough,��=� Mayor Pettey that iariit Mr. Andrewat t tecogriite it is not enough,... - Mayor terra: i am not saying there isn't enough quantitatively .4 am saying that by itself doesn't mean anything. That what 1 bean why it is not enough,.... --because you can have 77 but if only 5 of the 77 take it to the police department, then it is meaningless. in other words, that is the first step to Rothe, the next step is, how may go to the academy and how many of them pass the test, how many are really incorporated in the police department? Mt. Andrews: These people have passed the test, these people will be going to the academy, the 23 people we speak of are in the academy now, Mayor Ferret Of those 23 how many are 'minority.' Mr. Andrews: Of those 23 1 think the statistics on the first group were of the 17, were 10 minorities and 7 Anglo Saxon, in this last 6 that vere appointed last night, 4 are of minorities and 2 Anglo-Saxon Mayor Ferre: 1 see, so out of the 23, in effect we have 9 non -minorities. Mr. Plummer: Mr. Andrews how long does that register last? Mr. Andrews: Under normal circumstances, and we will have to wait a little while to see what constitutes a new set of normal circumstances because of the economy and the people leaving the department. We think they are beginning to leave at the same rate they have been leaving in the past but that register normally would last about 9 months before it would be exhausted and need a new register. Mr. Plummer: You would be going through a register of roughly how many people, and you said 70% were minority? Andrews: Seventy percent were minority of 110. Mr. Plummer: What you are really saing is, that within 9 months you would exhaust that register and everyone of those people would have the opportunity to go to school? Mr. Andrews: Yes. Mayor Ferre: That is progress, Mr. Andrews: To this extent Mr. Mayor that if we are fortunate enough to exhaust and I think we will, but it may not be accomplished in 9 months, it may take a full year, when we exhaust this register, a new register will be established and there is nothing for us at this point in time to see that there would be nothing other than approximately the same make-up in the new register that we have in this one, because we are drawing the people from within the community of the City of Miami, Mrs. Gordon: Those that did not pass the examination, what happens to them. Are they continued to be tutored and brought up the standards, so we don't waste the investment we have put in them. Mr. Andrews: Yes, they can and some of these people have been referred to the Dade Junior College System, special tutoring in English, so that when they come back, some failed because of comprehension of English and understanding how to get through the examination process Mrs, Gordon: I understand all the funds that were allocated through the grant were not used, are you continuing the program? Mr. Andrews; Mr. Parades, will you give us a status, I can't remember all the numbers, Mrs. Gordon: The tri-cultural program I understand did not utilize all the funds that were budgeted to it, and I am asking you, are you going to continue utilizing these funds in order to continue the tutoring of those people who failed the examination? Mt. Parades 'es, what happened is that last week we received an approval from the federal ;govern neat to extend the program through December attd we haven''t gotten the approval yet for the final budget but what will happen is that the remainder of the money, 1 believe around $104000. will be used for the remainder of the 'program slid what we ate hoping to do is ptogtattt the training so it will fit the next test given by the University of Chicago. Mts. Gordon: What 1 at most interested in , is that those people have already received training, failed the exatnittation, be cottittued in a program and brought to the point they can pass the exam. Mr. Parades: Yes, the one problem we are having though, is that perhaps the University of Chicago is not giving a traditional test in terms of cognitive skills, what they are doing is they are beginning to get a behavoriai. profile so it is somewhat more difficult to train someone in behavorial characteristics. What we are doing is we are providing some skills in reading and verbal skills so they can pass the test but itt that substantive area of behavior, we really can do very little training. Rev. Gibson: Mr. Mayor, ---I am glad you came sir, this is a well thought out, well worded statement. I hope administration will not treat the statement lightly and I hope all of us on this commission will sleep on this and it ought to haunt us to death. I hope the commission will not treat this kind of a matter as we are now treating it. For instance, five minutes is totally inadequate to deal with a problem so monumental as this. I suggest to the commission that the commission ought to set aside a particular and special date to deal with this problem so that 5 minutes would not be the limitation. This is far more important than five minutes. I know the Mayor said five minutes and we have already gone far beyond that, but because of time and a number of items I want to warn this commission that unless we take some forthright steps, we all are going to regret it. Mayor Ferre: Father I might add and I want to make sure so the audience or the public would not misunderstand, the only reason I put five minutes is because this is not a scheduled item. We do have an agenda and there are people here waiting on other things. Because of the importance of it, I recognize that you should be recognized for this statement, but I do no want anybody to misunderstand my feelings. In the past we have deliberated hours and hours and hours on this, and I guarantee you we will do so again the future. We have had public hearings, ----I' would say that I cannot thing of any single item since I have been mayor that has taken more official time of this commission than this item. We have spent more on this and related matters in the police department, than any other single item by far, so I don't want you to feel that we don't pay attention to this. I think this is our main concern, one of our main concerns. Father, in agree- ment with what you said, Mr. Andrews I will charge you as the charter permits me to call a special' commission meeting on this subject whenever you feel that you are properly documented and whenever we can bring all the parties that are involved from Jesse McCrarey right on through and have another discussion and report as to what progress the city of Miami is making or not making on this matter. Rev. Gibson: Mr. Mayor I did not hear the time element. Mayor Ferre: I said that under my authority as Mayor I am charging the Manager, when he is prepared, and by that I mean in the very near future to let me know and I will call a special meeting with not other subject on the agenda other than this, and that all interested parties including Jesse McCrarey and the people he represents, all of the Latin and various Spanish speaking groups and indeed all of the City people involved, to come forward and openly discuss this item after the administration has had the opportunity to make a full report to this commission. Rev. Gibson: Mr. Mayor I understand what you are saying and I want to agree but I think you ought to give some specific time. Things have an awful way of getting lost. Mayor Ferre: We spent several hours on this about three or four months ago, so now it is time to do this again, When do you think this could be done in your opinion. Mr. Andrews: In my opinion if we are to act on this expeditiously it. should be called sometime prior to the meeting of July 31st, After that, some of the co mnissione: are going ott vatatitfft, And get involved in the budget After getting l�sek,••�= Mayor Fette:t .anttot be available on the 24th of July. Mr. Plummer! YOU have tailed a special meeting for text Tuesday. Mayor yetre: What we ate going to be talking about on Tuesday is going to take 5 hours, I think it will go into the afternoon. 1 think we should tall a special meeting so we have nothing on our minds but this. We should give the manager ample time to prepare all the facts arLd figures and tumbets get all the people ready to testify, and in my opinion we are talking about a full day. That is what it will take. Mr. Gonzales: Mr. Mayor I think that is an excellent suggestion. I think this problem needs to be resolved it the near future if we ate going to avoid the imposition of rigid quotas from the federal level To me it was very embarrassing last month when the commission on civil rights had to come here and find out whether the civil rights of the people of Miami were being denied because of the problem with the police. I think we have to take the initiative, --- Mayor Ferre: You should not be embarrassed by that because the Civil Rights Commission of the State of Florida with which I served, is doing this in every major city in the State of Florida not just Miami and it came here to also look at Metropolitan Dade County not just Miami and they are an advisory board, and I might point out now for the record that there have been a lot of rumors going around, as to what the justice department is doing or will do, and I want. to say for the record I have been spanked in the middle of discussions with the civil rights division of the Justice Department and as of this afternoon we have no official communication to that effect so at this stage of the game there really is nothing to discuss. I am sure by the 3lst there will be plenty to discuss Mr. Gonzalez: I wish to thank you all and whenever you hold that meeting be sure that SALAD, the Spanish American League Against Discrimination will come with some specific recommendations based on what has been discussed here today. Mayor Ferre: Thank you very much. Rev. Gibson: Mr. Mayor I am sorry, I am not satisfied. I thought we were going to agree when that meeting was going to be. Mayor Ferre: Father if you will trust me, I will give you my assurance that before the 31st day of July I will call a hearing. Rev. Gibson: I'll agree, 21. "ENGLISH SPEAKING CENTER" PERSONAL APPEARANCE OF LARGE DELEGATION OF PERSONS TO OUTLINE PROBLEMS Mr. Hosea Morrell: My name is Hosea Morrell, 2458 Flamingo Dr. Miami Beach, I appear before you as chairman of the Advisory Committee of the English Center, an adult education program. Honorable Mayor and commissioners, I know the time is limited but if you will allow me at least to thank you for having us at this meeting, because I think this is an important issue, time is running short. The English Center as you may well know, is a program that has been running for about 10 years, and I think it has done a great deal of good and has a very high prestige in the community for the service it has actually rendered to great majorities, ---I am sorry, I say minorities, --and when I say minorities I mean every minority. It is true the program of course was originally implemented by the Cuban refugee program naturally to take care of the great amount of Cubans that were coming over to Miami and to equipt these people to be able to come into the mainstream of life of this community and of this nation, as a matter of fact. But of course that has been enlarged, so there is no limitation, and we have a great number of other Latin Americans for'example including your recent host Honorable as a matter of fact we have now the Vietnamese comeing to our program, Not only that but this program has served over 150,000 people -has served them well, ' The 6U JUL 171975 progr t its well knOtift through this state of other States. As a natter of fact it has been invited to a „..:� .�-. _..m..,, iieh is to take place in .Austria because they know of the curriculum end success of this particular prooran. prs This gra= is for everybody, adult riaybe 18 to 65 or tote, and is Po all eetee. tut the thing is that now unfortunately, after all thie tine and Service to ate kicked out of out present location, because the sohool administration, although we have net with theta and ttied to corivihce them that this program should be located at closely as possible to the tnonority we are supposed to serve, the only thing that has been able to come up, is with a site that is inadequate , improper and dangerous as a matter of fact. It always to be the same thing, that is Honey. We have told them that stoney is important but program, service to the community ;is very important it seems to us, these people have tome, have been equipped in that center to fulfill positions in the community and outside the community, The school administration denied, publicly, I don't know why, I suspect something sort sinister behind this thing---a--1 don't know why, unless they may be jealous because of the succes of the program, The thing is they insist officially in only limiting themselves to that particular site. The truth of the matter is this, the students will not go to that part of the town. There ate a great many women in that course, and they refuse to go there. It won't be safe. The programs are from 7:30 in the morning until 10:00 o'clock at night, and there fore it is impossible to expect the students to go there. If the school administration doesn't consider the sites we have proposed, and we have offered them a number of sites because they claim they have no money, for the implementation of this program which we consider so important because we saw the ugly mood on the part of the student body, because we knew that passions were running high, we thought it was our duty to apprise the Mayor of the City of the situation because when trouble would come, we know, that you the City Fathers will be the one responsible, or rather you will be told to be responsible and they would want you to hold the bag. I must say in all sense of gratitude that the Mayor promptly and generously as usual accompany me to see the superintendent of schools. We thought they would realize the situation and they would consider some of our alternatives in order to solve this matter in an educated fashion. However this hasn't resolved, and so we come to you today honorable members of this commission ,with a full heart, because we know that you are interested in the well-being of the community. You are interested in the health of this community. You are interested in all minorities of this community and we think that they should be , the best solution which will be not only to your credit but to the stimulation of people who think this type of program are needed in this community to resolve it. So we ask of you if we may, that if you have a site, and we hope and think you may have a site, we think this location,that will serve this program, that you will please consider and help us. It will be to your credit and it will be to our salvation. This is our plight and this is our plea. Thank you so much. Mayor Ferre: Dr. Morrell for the benefit of my fellow commissioners here I might point out that the English Center is being phased out of a building --it is not being phased out per se, it is being phased out of a building because that building besides being a health hazard, also is need for the government center, is not located on 3rd and 3rd, right off the expressway, N.W. Now, the question is, and I went with Dr. Morrell to see Dr. Wigham and Dr. Jones and we discussed this problem. The problem of course is, that the School Board has properties that in their opinion are not being used and they would like rather than expend the money to buy new property or pay rent, to a private sector however, to use what they have avilable and therefore make that economy. What they don't understand is that this is, in practical economy, because by doing what they are proposing they will in effect kill the program. So it is the question of the reality of the situation. You all understand and Dr. Morrell understands that we are not the School Board, we do not make that decision. It is not up to us. I would not sell the School Board short because they are in my opinion a responsive and responsible group of elected officials,--- Dr, Morrell; That is:our opinion as well Mr, Meyer, Mayor Terre; ----who well understand these problems. I think you will be very happily gratified and I will be with you on the 2lst to plead your cause, I will be with you because I believe in what you are doing, I willbe there, I would welcome my fellow commissioners to also be participate in this, I think you will be pleasantly surprised by the reception you will receive by the majority if not by all of the members of the School Board. Now t would like to, however, at thi't point, like td aek Mr. Williams it 1 might, how many square feet dote the nglish Center actually Have and how much do you teed as s minimum equate footage Mr. Williamat ltig t note we ate using about 23,000 sq. ft, since the 3rd floor hat been condemned. We could survive with a Minimum footage of about 20,000 sq. ft. Mayor Ferre: Row (many class rooms would 20,000 sw, ft. represent? Mr, Williams: It varies in the site of the class roots, the vocatiofial classes being larger, ----roughly 2S elassroonts. Mayor Ferre: ghat you need is 20,000 sq. ft. and 25 classrooms? Mr. Williams: That is right,=-= Mayor Ferre: I assume you conur with the mainstream of thought that has been represented here. I know you are in a touchy position because you do work for the Dade County Public Education Board, but nevertheless I can surmise that your presence here is one at least of sympathy if not a full endorsement. b Dr. Morrell: It is wholehearted endorsement. Mayor Ferre: I think you are brave man indeed. Rev. Gibson: Let me ask a question Mr. Mayor. I heard a little of what you said. I think I got the gist of what you are saying. The business of the English Center is not our responsibility but the School Board's, okay. We agree to that? I am asking a question that I think I have the answer, but I want you to put into the record. Have you gone to the School Board. Dr. Morrell; We have made presentation, a public hearing is set for the 23rd of this month. Rev. Gibson: Have you gone to the school Board? Dr. Morrell: We did go to the School Board to present our case in spite and against the wish of the School Administration. Rev. Gibson: Did they offer you any remedy? Dr. Morrell: The School Board? Rev. Gibson: Either or both. Dr. Morrell: No, they haven't offered any. Rev. Gibson: They did not suggest a building to you. Dr. Morrell: They still go back to the same site which is unacceptable. Mayor Ferre: Excuse me for the interruption, I think we have to be very fair and very careful. The School Board has not deliberatedon this matter. This has not been brought up to the School Board, that will be brought up on Wednesday the 23rd day of July. Rev. Gibson: Let me ask it another way. Since the School. Board hasn't heard it, the School Administration has give you, ----or suggested a building to you? Dr. Morrell: The only one they suggest every time is the same one. Rev. Gibson: z didn't ask you that? Did they suggest a building? Dr, Morrell; A building they own, yes, Rev. Gibson; Did they suggest a building? Dr. Morrell; Yes. key. Oibsont All right* Tell the public what building they suggested br+ Morrell: The building is the highland park tic:nettsry School uhich has been phaeed out, is located its a very deserted area acid very risk area, and i suppose that is why they took their children out of the school and it mould be itftpoee1ble, there le no tOMMinitatift, not bus service through there4 There is no proper lighting through there, sae ktto , beeause the student body have been through there, and they absolutely refuse to attend that section of the town. i ev.. Gibson: So the commission can hear Gibson, we have the responsibility of the coMMIEssion to do es the Mayor indicated to respectfully appeal to the school Board, hopefully they are going to give you some relief. We have to keep itt mind as a commission, that Otte of the first things we do is we go to our administrator, who is Mr. Andrews, and his staff and say to them,'is there a place? My brothers so that you don't misinterpret what I am saying, Dr. Morrell: You are a man of Chris,:I won't misinterpret Rev. Gibson: Sometimes that might be against me. Dr. Morrell: Not with me. Rev. Gibson: I think and I speak because I happen to wear 2 or 3 hats, if the school building you are talking about is one I think it is, I think 2 or 3 things, Metro has some responsibility, HUD has some responsibility, and if the bus system is not conducive to getting your people there, maybe part of our activity has to be to get that bus system right. No. 1. No. 2 maybe we have to help you get the lights you need. We get lights for a lot of other things. If 'I hear what I hear, that you need 25 classrooms, no way in the world we are going to find 25 classrooms other than through the school board, and Mr. Mayor I thought I had better put that on the table so that in all of our thinking,--I-represent a minority too. I know how passionate we could become. I just want to become realistic though Mayor Ferre: Father I have a recommendation which I would like to discuss even though I want to say that since the property I want to discuss is not ourss at this time, I think I have to be careful and I hope you under- stand what I am saying. I have to be very careful as to what I say because the property does not belong to us, I am not going to name the property. We all know what property I am talking about don't we? Dr. Morrell: I am hopeful that I do know. Mayor Ferrer ----don't say it, we would be in trouble. Dr. Morrell:All I am suggesting Mr. Mayor is in reply to Rev. Gibson. Mayor Ferrer I think the property we are thinking bout, that the City does not own but maybe will own sometime, if the people we are talking to are reasonable, that perhaps that might be large enough since it has been used as a class room in a different context and since it is in an area where there is bus service and fair accessibility to the majority of the people who will be concerned, that we might work out, without naming the property, I would charge the manager to, and I think we can pass a resolution here, if and when this ever happens, perhaps talk with Dr. Wigham and the administraiton of the school board to see if something reasonable can be worked out, and you read between the lines. Mr. Plummer: Mr, Mayor that could apply almost anywhere in the City. Mayor Ferre; I can't mention the property. I don't know how to word such a resolution, but Mr, Lloyd: I suggest no resolution, we understand it. Mayor Ferrer Mr, Manager do you understand what I am talking about? Mr, Andrews; Loud and clear, Mayor Ferre; We want to thank you Dr, Morrell and we will be there on the 23rd, So we will be talking to you again, JUL 17197 Dtw Morrell Tl tk ytiu t MIAtat NATIONAL BANK 221 ONE YEAR EXTENSION bP VARIANCE- PARKIN RAGE The following tesolution was inttbdt t ed by Con issibnet Plume who moved its adoption: RESOLUTION NO, 75-615 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE GRANTED TO PERMIT CONSTRUCTION OF PARKING GARAGE ON LOTS 9, 10, 19 AND 20, BLOCK 9, SHORECP.EST (10/23), AT APPROXIMATELY 620 N.E. 82ND STREET, SUBJECT TO UNITY OT TITLE AGREEMENT WITH LOTS 8 AND 21, WITH EAST SIDE SETBACK OF 0' (10' REQUIRED) GARAGE TO BE IN CONJUNCTION WITH MIAMI NATIONAL BANK AT 8101 BISCAYNE BOULEVARD, ZONED C-1 (LOCAL COMMERCIAL) DISTRICT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon , the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Vice Mayr Plummer and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso 23, PERSONAL APPEARANCE- MR, MARTIN FINE- INTERIM REPORT OF MAYOR'S COMMITTEE ON BUDGETARY PROCEDURE Mayor Ferre: At this time I'll recognize Mr. Martin Fine who is Chairman of the Committee of Budgetary Procedure and I might say that Mr. Fine has a fine record in our community as a public servant in the very best sense of that word and we are always happy to have him here before us. Mr. Martin Fine: I do have a plane to catch and I appreciate your calling me. I have an interim report that our committee has prepared and I'll go through it rather briefly, and if this procedure meets with your approval, what I would like to do is read it and if you have any questions we ran take them at the end. Basically we believe there is good news and bad news. The good news is we still have a limited amount of time to face up to the fiscal dilemma facing the city and many other cities across the nation. The bad news is that the cost of city government and the cost of delivering services to Miami residents is escalating geometrically while the income which the city can obtain is growing arithmetically. In addition the city has a 10 mill cap which you all know but of course there is no simple way to establish a maximum on its expenses, Very quickly our committee has met 5 time and addressed itself to a review of this budget. Mr. Mayor we haven't had a chance to see the new budget because it hasn't been prepared and presented to us so we are basically working on last year's budget and working with your committee but we anticipate a difficult situation will exist in connection with this new budget. We have some specific observations and recommendations to make to you which are as follows, One, in reference to federal revenue sharing, we think it is urgent that you reactivate the existing committee, that you had last year to work with the commission in allocating a portion of these funds. We think there is a great deal of potential benefit to be derived from an on -going committee rather than have new people study it every year, Mr, Plummer; You are saying the last year's committee, you are talking about the one last year, the committee comprised of the City Manager, the head of United Fund, and the County Manager, is that the committee you referring to, the big committee, (14 JUL171975 Mr. rite Candidly l think it was the latter, ttto years ago, And that iaas What We thought May be t. tiwieldy but It had .a lot of cotntttnity iriflueti ' The big thing is 1 think If you have to educate people every year an it, that becoffiea a big probleit. The very serious problem with federal revenue sharing is that toe would like you to redegtsite that the bulk of these funds are being used for operating purposes rather than for capital improvements or eotial serviee progratt, whereas Metro restricts the use of these funds, the capital improvettients, and also to understand that by legislation this program ettpirea in June of 76 and that while no one knows whc;:her it will be extended, to One Can really guarantee that so we are saying if the program is eliminated, we think there would financial havoc and chaos for the city of Miami. Mr. Plumper: And all cities across the country, — Mr. Fine: --=.and all cities across the country but since we are working on this one, 1 at saying the city of Miami and 1 agree with you. Item ##2 met with your department of public facilities and one of the items we discussed there was the Dinner key docks: We take the rental rates are wholely and totally inadequate, and we found thet they are presently 40% less than comparable commercial space and 10% less than the rates charged by Metro at Crandon Park. The last increase in rental rates was 5 years ago. Frankly one way to find out how seriously they are watching the store there in my opinion is ask those same people when the last rase they got, and it sure wasn't 5 years ago. Compare that with the increased cost of personnel and other costs necessary to operate these facilities and you see the problem. So we also want to point out that a substantial number of these tenants are non residents of the city and the city residents aren't given any preference. The Marine Stadium is another agency or facility --- Mayor Ferre: Excuse me Marty, I think it might be appropriate when these things are fresh in our minds, if we discuss this point right now. Mr. Andrews: The first point in reference to the federal revenue sharing, I don't want the City Commission or Mr. Fine or anyone to have a misnunderstanding of the legislation and we have been attempting to find the legislative findings that led to revenue sharing and even on all the forms that we get, the federal government wants to know at the top of the form, debt, how will the availability of revenue sharing funds affect the borrowing requirements of your jurisdiction. In other words, avoid debt increases, lessen debt increases, no effect, --too soon to predice the effect, and we of course add a check after 'no effet' because we don't use it for debt servicing. Underneath that marked in yellow on the federal forms, is taxes, in which of the following manners is it expected that the avilability of revenue sharing funds will affect the tax levies of your jurisdiction, check as many as apply. The first one, will enable reducing rate of a major tax, will prevent increase in rate of a major tax, will prevent enacting a new major tax, will reduce amount of rate increase or a major tax, --no effect on tax levels, too soon to predict, and all of this legislation is first s..eeped in revenue sharing, as to how revenue sharing will avoid taxes, prevent new taxes from being put in place, how itr gives relief to taxes, so some jurisdictions, true, have used revenue sharing for capital improvement. 75% of all of the municipalities in governmental agencies in the Unites States, according to a treasury report which we have in our office, indicate that federal revenue sharing fudns have been used to avoid tax increases or to relieve taxes in any given jurisdiction. So, that is point No.l. On the dock rates we have before the city commission the ordinances which would have adjusted the rates and the commission asked that we go into it more thoroughly, we are doing that, we are setting up a separate rate for the live- aboards and that ordinance is almost ready now in final form to bring back to the City commission after it has been exposed to the tenants on the docks. It does constitute a significant increase. Mr. Mayor if I may to Mr. Fine please, I am not saying this to off ste the fine work you have gotten into, I don't want to create a situation where you believe you are coming up with certain points and I am responding to the commission to off -set the things that you have gotten into, That is not niy purpose, Mr, Fine: Since we are on that we might as well sort of put that one to rest. I couldn't agree with you more, but understand we are citizens committee and you people are doing this as an everyday job, and we have no argument. I think our purpose is not to challenge what you are doing but to give you the facts, :and as you ktty we theft ebfetahtly with your representative it the budget departtettt who have been very Eoeperative. We ate tint here to be critical, we are here to be helpful Mr. Andrews I understand,..... Mayor Petret I might take this opportunity if you will forgive hie, because of the pressures of a very long agenda. l had not scheduled this, but'I think I might take a minute or two and chafe with you and with my CO -Missions the experience, I'll take two or three minutes to do this, the experience I had in Boston, at the National Conference of Mayors that I just returned frog, I happen to have been selected to serve on the resolutions cottnittee which had about 30 Mayors serving on it, and it really was the train thrust of what was done in 3 days at Boston, we enjoyed hearing Sen. Kennedy and Humphrey and Secretary Hill and Coleman etc. but what really was the main thurst of all those deliberations was the impact of where the cities are, and when I look at my city, and when I look rt Metropolitan Dade County, you know I can't think of a major American city with a population of a million or more that is not in a lot more trouble than we are. Some of these cities are un- questionably bankrupt like New York City, and I know we get in philosophical arguments but I want to share something with my commissioners here. I came back more convinced than ever, of two things, that I am going to work like hell next' year to see that we get a democratic president, and the second thing I came back convinced of .was, that the best solution for government is a two-tier form of government. The worst thing that could happen to a municipal government is over-consentration of power in one government, because what inevitably happens when you have a consentration of power, you end up with a bureaucratic system that begins to equal if not excell the federal bureaucracy and to wit: New York City, which has a 12 billion dollar budget, second in size to the federal budget, is so far in debt that they cannot survive. There is no way New York City can make it. Why has this happened? Here is where our friend Commissioner Plummer comes in, and he keeps talking about this, but I really saw it vividly there. Two things happened. One is, that government becomes so large that the decision making process is really inaccessible to people , like we are here, where people from the English Center can and protest and we listen, and the second thing that happens is that it is so large an entity and consensus is so diverse, that these large super governments start taking direction, like for example, the City of New York today provides free college education for 200,000 citizens, many of which don't even live in the City of New York. Now, the burden of educating 200,000 students at City College for free has just gotten to t apoint that it is way beyond what any government can carry. In case you might end up saying, that is where we are heading,let me point out, lest me make a mistake, that the City of Miami as the State of Florida is so unbelieveably behind in rendering public services in comparison, we are the 8th state in the nation, and for example, contributions to the state to art programs, culture, we're something like 45 or 46th in social services, we are 38, in our handling of indigents, of senior citizens we are among the lowest. In handling prison prolems we are one of the worst and I would say that that permeates throughout our Florida society including the City of Miami. In art for example the City of New York, people receive something like 6 or 7 dollars per resident, in Florida it is under 50c and in Miami 1t is even less than that. when you stop to look at the full impact. What I am saying is, somewhere there is a happy medium, but I would certainly say in sharing this thought with you, that the big, big, problem that we as cities, including theCity of Miami face, is that when our founding fathers made this country it was a 95% rural community. People were farmers, they lived out on the farms, very few people lived in cities, now it is the reverse. now we are over 80% urban and yet the fiscal power of this country is all based in the federal government, relatively speaking, if you look at the total fiscal impact, and what happens is this, that what the constitution tried to prevent by recognizing states' rights, which the law recognizes, and the constitution has basically circumvented because the fiscal power of the governments of this nation basically are centered in Washington, and it is Washington who has the money. When you get a government which for example, and I don't want to get in a big discussion about the fiscal policy on armaments and on the military, but as you know, the government, the President has proposed in his budget an increase of 9 billion dollars in military expenditres which is an 18% increase which certainly goes far beyond the inflationary rate and the consequence of that is that this same man, same President, this same administration who wants to increase military spending by 9 billion dollars, refuses to spend any money on housing, refuses to spend any wormy where the public needs it and the brunt of that problem is GU ,JUL, 1.71975 berg borne today by the poor people of this nation, No, 1 and get 2 by the people who are totteetitrated in eitiea because that is ythere the itpact la at, That is %dhete the negligence is, that it where we are being neglected, ttot to use a stronger word, but we are really being lad, attd the ptobleti is, it is impacting. YOU are saying that revenue sharing should perhaps be spent itt other trays, but let me tell you, that throughout this country, revenue sharing has been the basis of autvival for every single city and as a natter_ of feet, in criticisitn of eat -governor Ronald Reagan uho in my opinion hippocritically Was braging about a balanced budget----balottei,,1-the only way he had a balanced is because he was using federal revenue sharing funds and if he didn't have that California would be just as broke as every other local government in this nation. So what I at saying is that We got problems. The problems are a stational problem attd I think it is very important that those of us Who feel this tray and they are concerned, really work diligently to try to change the pattern because until we are able to get the funding that we need to do the job itt the urban,'-- the problems of America are urban problems. Unless we solve the urban problems itt America there is no way we are going solve our inter- national problems, because if this country is torn up inside there is no way we can be strong outside. So I might say I recognize that revenue sharing stops in 1976 but if revenue sharing really stops in 1975, so do the cities. Mr. Fine: You were very busy in Boston, and I appreciate your sharing those thoughts with us. Under the public facilities department, the Marine Stadium we believe is a great community asset by its location and use is basically a county -wide if not regional facility, and we think the city should seriously consider one of three alternatives, one, transferring it to the county, two leaseing it under appropriate restrictions to a private lessee who would promote it more aggressively than the city, for example, you have leased the land on the Rusty Pelican site, where if the city continues to operate it, to appoint an advisory committee composed of the representatives of the City of Miami' Tourist and Publicity Bureau, the Chamber, the Hotel Industry and others to assist the city in promoting the stadium and getting greater revenues from it. The Miami Stadium we thought should be studied with a view towards higher utilization since all it seems to be used for now is baseball, and one of the members thought that there was some potential for a football stadium as did some of your people there, for the high school games. I think the next one,if Mr. Southern would please pass these out, might be one that would be in and of itself justify the efforts of our committee if it made sense to the commission and to the residents, and that is as you begin to look for potential sources of additional revenue, it is apparent there aren't many. And with you staff we developed that schedule that we just presented to you which shows that Miami is the only major city in the coun ty including the county, that does not charge a fee for services for sanitation fees, pick-up etc. Miami spends 9.4 million dollars for the operation of this department and doesn't charge a fee for this service. This chart very pointedly points out that 72% of Metro's budget for example is covered by fees and North Miami Beach has 87% etc. so our first specific recommendation in terms of this year's activity is, that the city implement a fee for service charge effective January 1, 1976 in an amount which would be equal at least 50% of the cost of the operating the department. We believe based on information which the budget department gave to us, this annual fee should be approximately 50.00 per household per year or 14c a day for each resident homeowner. This would result in the city receiving 5 million per annum for services. We believe that is a very strong recommendation and one you ought to give serious thought to notwithstanding the fact that it has certain potential hardships on the segment of our population. In terms of the 1975-76 budget, although we haven't seen it, we strongly recommend the following a delay in any capital improvements other than those funded by bond proceeds previously approved, that would be your convention hall, etc., --a cap on existing city position and a reduction of personnel through attrition, --- Mayor Ferre, Marty I have to stop you on 4-A because that goes completely contrary to the position taken by the thing Don Shoemaker heads? the coordinating council, and this city commission has subscribed to that, that because of the tremendous recessionary problems that we immediately not decelerate but accelerate any public projects we can have to put people back to work: Mr. Fine, 1 interpreted that to mean Mr. Mayor for example the public project like the Convention Hall which has been on the books since 1964, JUL 975 Mayor Ferret You just mentioned that. Mt. Pine We say that being one that should go forward, beeause it is already funded. Whet we ate saying is, we don't see where you are going to find t,sw honey to build new projects out of turtettt budget. We believe there ought to be no new programs uttlees these funds are provided by the toutity, state or federal government for all the reasons you just said. toe strongly suggest without seeing the budget but just getting an educated guess that you inerease the tillage by .7 of one mill. ?ou know you tillage is now 8.6 and you only have the ability to go to 10 Mills attd I kind of think that were we are headed is, .7 of a mill this year and .7 of a mill next year and after that you hit the limit unless you change the constitution of the State of Florida. We think the fiscal management system recommended by toot Allen and Hamilton for which you are paying through federal funds, and awful lot of money it setts to me, although ram sure you are getting a lot of service, should be itnplentented as promptly as possible. This would allow the budget department and all other departments to operate more efficiently. For example, I can't conceive that in the middle of July you don't have a preliminary budget but the budget department tells us they just can't get it out because they don't have the information systems to do it. 1 have a feeling there is more to it than is there, and you have to understand we are on the outside looking in, but that one doesn't sit well. But we have some very strong recommendation to make about the budget and they are as follows; We suggest that the City Commission, not the budget department nor the Manager, but the commission in covert with the Manager establish a goals and objectives portion of the budget, and that is something, you want to accomplish for each fiscal year and incorporate the same as an integral part of the budget. This section will deal primarily with the fiscal improvements in our programs which the city intends to carry out during the year and would have the following benefits --No. 1 it would afford the citizens an opportunity to share in the knowledge and the excitement of what the city intends to do rather than just maintain a status quo, --secondly, it would afford the citizens of Miami an opportunity to see if it elected officials can carry out such a program, thirdly, it would afford the city commission an opportunity to see if the Manager and the various departments are property executing and carrying out such programs in an efficient and timely manner. The last recommendation we have about the budget we think is quite significant and that is, we think No. 1 the Manager should render a quarterly report to the Commission so you understand where you are from quarter to quarter like any business does and be in a position to react in time to make any correction if they are warranted. The next two go sort of hand -in -hand and may not be unique or earth -shattering, but we think they are significant and Mr. Mayor will point out the exact problem you spoke of. No. 1 immediately after this budget is adopted we think you ought ask the budget commission for a proposed budget for 1976-77 and that will get them started early and give them a date in which to come in and see it, but then perhaps more importantly and more startlingly, we think you ought to ask them for a budget for 1979 and 1980 and we think it will show the city can meet its existing obligations under that budget, that the costs are escalating at such a reat and the income is capped, that you will have a monumental problem and rather than waiting for that to happen, you might just as well get a handle on that early in the game because among other things, you might' be willing or anxious to go up to congress and testify in the hearings on revenue sharing with that kind of budget to show what impact it would have. We think you ought to continue that. The last item, the committee offers to continue working with the budget department through this particular budget but also to work through the year so we have a sense of continuity if you wanted the committee to render that service and the last one is the committee is aware of the discussions you have had with Metro, I' think you had a meeting last week about trying to figure out who owes who, what, frankly that is a little too overhelming for us, we understand the necessity for it and we think you ought to continue that but we think the budget departments and the respective managers ought to do that all during the year, and not on a crisis basis right before budget time. I'll be glad to answer any questions if any of you have any. Mayor Ferre; Mr, Fine, first let me, on behalf of all of us, thank you and your committee, I have seldom seen in 4 pages a more succinct report that really goes to the heart of so many issues. We could spend easily 3 or 4 hours discussing each one of these things here because you are really talking about the heart and soul of the City of Miami, and our future and I would say there are only one or two things I would have any questions on here, and I think I would subscribe to 90% of what you have said. I think is is great, the impact is very JUL 171975 great, it is very weeping. you know, I happert to be a busitttes tau -if I had to tuft a business relying on a one year budget I would Oa be able to run that'bneineee and the banks would never believe me. As a matter of Pent we are rio ► In the middle of major negotiations for a major lbAft ettd it is unbelievable the details that these banks trett you to come up with end it is a S year program. They want to ktto-t' exactly what you are going to do next year and ghat capital expenditures you are going to have, and where you are going to get the Money and how you are going to spend the money, and everything else. What you are recommending is that we runt the city in a business -like tatter. Mr. yinet I at, sure you have, but this 19I9-80 budget will have some very interesting implications to it it my opinion. Mr. Plummer; Marty let me ask you, two documents, I want to snake sure if you haven't got, you do get, through the Dade League of Cities and the Plorida League of Cities roughtly 2 months ago, Paul, we comprised a position paper of almost every major city in the United States and in Florida and the Administration got together from the City of Miami what we have accomplished with revenue sharing funds, and what we will have to forego if they do not continue them. This was a paper that was quite lengthy and we forward all of these to Washington with the hope and impact it would have that this program must ccontinue. If you don't have that paper, I would behooze the Manager to immediately to send you a copy of it. Document No. 2 would be in the area of my comments that the Dinner Key rates as they apply, and I hope to God you are here because the flak I have been taking in the last 6 weeks that I am trying to submerge every vote there, I want these comments to be known and I want you to hear them. No. 3, I have beenbehind the administration and I want them to furnish to you a copy of what is being or has been, not now, --we have been working on for at least a year, for the Miami Marine Stadium, --for example we are instigating 300 space for boats, that is $10,000. a month , it is money found, ----carpet golf paddle boat concessions, skeet shooting, all of this is documented in a memo, and if you don't have that memo, I want you to have it immediately.. So these are some of the areas you have addressed here that I want you and your committee to know that.this commission has been working on. Mr. Fine: Iappreciate your mentioning that, you know we don't mean to indiciate that we are rediscovering the wheel. These are some comments that we come up with, --- Mr. Plummer: If you don't have these documents then you don't have any way of knowing, Mr. Fine: Right, Mayor Ferre: Marty there are many ways of using the wheel, and sometimes it does need rediscovering, because a lot of people forget basic simple princples. I would like to ask now that the administration, before the submission of the budget react in writing to this document and come back with either concurrence or disagreement with each one of these items, the reason for agreement or disagreement and your plan for implementation on thoses area you agree. I know that is a tall order in a short time but I know these are the things you have been thinking about for a long time. Many of them are new, but are not all new. Mr, Plummer: When are we going to get the budget. Mr. Andrews: I hope to have the budget to you the end of this month, Mr. Plummer: By the end of this month? Rev, Gibson: Mr. Mayor I would hope that as the budget is prepared, when they give us one, they will give the committee one too, The Committee could realistically begin to look and do some things that perhaps we won't have time to do. Mayor Ferre; Mr. Fine, once you get the budget in another two weeks, if you could, during the month of August perhaps have a meeting or two to go through that budget and come up with any specific thoughts that you might have, Mr, Fine, We will, we have some vacation plans, we have already been working with the budget department and I want to say they have been very cooperative (a, JUL 17197 with us . Some of those people are new themselves, so roe are all Ott of finding our own way, but ye will give you another report, interim report, as we get the budget and react to some of that, but t must say 1 think the worst problem we have is the or you have, and that is in response to ,i.t.'s question, when you get it two weeks trout how, tethinca.ly you have to adopt it 10 days thereafter. Mayor Ferret No, bo +days Mr. Pine: bell, read the Charter very fatefully and ask Mr. Lloyd off the record when you are supposed to adopt it, you will find there is a problem in my opinion, then you have 60 days,=== Mr. Plummer: October 1st,- Mr. Pine: That is when it is effective. Let's suppose that is correct. You are not meeting in August, so you really have 30 days to react to it. Mayor Ferre: the have 30 working days Mr, Plummer: Let's have an understanding, not a motion, with the Manager that sufficient copies will be afforded to this committee at the same time they are afforded to us. Mayor Ferre: Do you need any motion in this charge. Mr. Andrews: There is only one area here I would like to have our people meet with Mr. Fine and his committee and that is on the Marine Stadium, the aspect the Vice -Mayor was bringing up and due to his prodding and the commission's prodding, on things we should do at the Marine Stadium, we do have these various programs underway and we are a little more optimistic about the Marine Stadium. It was identified as a white elephant and it isn't any longer, and this year, this up and coming year, we feel that we are going to show for the first time that the Marine Stadium will not require any contribution from any other source of funding, that it is going to stand on its own feet.' Mayor Ferre: Good for you, --- Mr. Andrews: And I think the year after that, it is going to start going into the black where we can start providing new improvements. And if we want to expose you to that area to see after we have furnished you with that kind of information, if you won't change your recommendation to the commission about transferring it. Mr. Fine: Paul, let me just say this Mr. Roach who is sitting over there was kind enough to come to our meeting and share some of these thoughts with us after we had raised some questions, my opinion is, it is disgraceful it has beer. a white elephant so long and anybody who had had anything to do with would have been fired if he worked for a private company, so wA ought to put it on the table , and say it is coming , but it is coming too late. Mayor Ferre----as long as it is coming, Mrs. Gordon: I have a quick question on the Rusty Pelican, and or other facilities of that type that we have on leases, ---are we making money on that? Mr. Fine: I don't have any idea, in reading that budget there is no way to tell, --- Mr. Plummer: Yes, as a matter of fact when Paul and I were in California Specialty Restaurants told us all of their operations, ---- Mrs. Gordon: What are we making? Mr, Plummer: ---far in excess of the minimum which is $75,000. Mr. Andrews: --about 70% of their gross receipts,- Mrs, Gordon; Okay, in that case why wait to implement some other locations that have been so designated for additional food establishments? Mr, Andrews; Are you relating that to the Marine Stadium? J U L 1 7 1975 Mrs. Gordon: Yes, 1 air asking a question, Mr. Andrews; The cotnissien in maintaining 'control and not turning it over to an entreprenuer has the availability of that as a public facility. When you choose to do certain things with it than are definitely good for the entire public of Miami you can, you tuett that over to a private entreprenuor you are not going to have that privilege or that flexibility. Mayor Ferre: maul you hit on a subject which really is going to treed a tot of discussion by this commission, l think and you know how t feel about this, 1 am going to say it one more time, that l think we have to , in the city of Miami look for ways which the public sector works with the private sector to render a 'public service and also make money, and the private sector can really do that much better than we can. 1 see Monty Trainer sitting here, l know there is a special problem there because of the land and the taking of that land but here is a manthat really started with nothing, and has built up and unbelievable asset for the cotmaunity and t really think we ought to do everything within our power to, instead of, -- if the man wants to pub hedges and trees and improve and upgrade, we really ought to go out of our way to assist him in doing that and if we have a problem,let's put it on top of the table, please, let's get this thing resolved and finr a direction, if we are going to kick him out of there and take him to• court, lets get that over with, and if we are not going to take him to court, then let's settle our differences and work with the man, ---what he has done is un- believable, --and he wants to do much more than that and if he wants to do it with his money, and big money for us, if we can work out something where we can be in the picture, it seems to me we really should move forward in that and that is just one place. Down at Restaurant Associates, at the Miamarina, in my opinion those people are not living up to their contract, they are not serving lunch like they are supposed to upstairs, and we have a lot of problems there. In my humble opinion, you can't convince me they are doing the best job they could, they could be doing a lot better, and I thinkwereally should begin to put pressure on those people to upgradeand improve that operation. I am not saying I know we are making our minimum rent, and what have you, but we could be doing a lot better. Mrs. Gordon: Mr. Andrews, would you let us know what locations have been pre -designated for restaurant locations so we may be knowledgeable about that then we could consider some additional new facilities for the city, okay? Mr. Plummer: You know this commission is still on record, I don't recall what happened, but when we had the hearings done at Bayfront Park Paul at that time, it was to be explored, the possibility of a Japanese Steak House on Watson Island. Whatever happened to that? Mr. Andrews: It is still held in abeyance and that can come forth as a possibility but that is waiting some things to happen at the commission level where you will get into the whole area as to how we will develop Watson Island. Mayor Ferre: There are a lot of things we have to get moving on. Thank you very much Mr. Fine. 24, RAPID TRANSIT ROUTE THROUGH DOWNTOWN MIAMI Mayor Ferre: At this time I am going to recognize Dr. John Dyer of Metropolitan Dade County and ask him to mak* tht tepert that he requested to snake, that is item #18. Dr, Dyer: Thank you members of the commission for the opportunity to be here today. I don't know how touch time you want me to take in the presentation but I might take about 10 or 15 minutes if that is agreeable and plan to halt and have questions raised at any time. might very briefly begin by describing the problem we have in this Metropolitan area in terms of transportation, Very briefly it is this, today we have 1,4 million people in the Metropolitan area. We have 1,020,000 registered automobiles, that is the highest ratio of automobiles to people in any major metro- politan area in the United tfates4 The prejetted growth in numbers cif people in the Metropolitan area is about another A0M,000 in the next 10 years, in terms of that, it Means person trips, that normally you and f driving to and from mark and other things, today we have 3.6 million person trips. By 1988 we likely 'mill hove 5.4 million, en intreeee 'tf 1,8 million person trips3 The aignif seance of that is oujr exprestway system today carries in total 800,000 potpie 4 if ve doubled our exreanway in the entire Metropolitan area and built a transit eyetem of the vise we are talking about, ve will just begin to maintain pace with our present levels of congestion. that is how bad the problem is between nom and 108S. 1-9S is the 3rd busiest expressway in the United States today. It is exactly 200% of its tapacity. It carries 181,000 vehicles per 24 hours, it capacity is 96,000 vehicles. Those are the type demand problems we have, U.S. 1 S. Dixie carries 72,000 vehicles per 24 hours, that is more than any other expressway in the State of Florida, any expressway, not just an arterial road, that is an arterial road but it carries more than any expressway,--I-10 or 1=4, anything other than t=95 in Miami -Dade County. The problem then is one of, how do we begin to balance our transportation system between now and 1985 and what measures are taken to do so. We have been as everyone is aware, in what is really a kind of long range program, rapid transit development program. That is in the stage of something called preliminary engineering.All that does basically is define the Master Plan for the development of the transit over an extended period of time, and secondly it develops an environmental impact analysis which is a requirement of the federal legislation. What you have before you in map 1, or exhibit 1 over there, is the routing --proposed routing of the Master Plan. That was developed and evolved over a period of 18 months with 8 major decision points, called milestones. Those major decision points involved ultimately narrowing from a large number of alternatives to that proposed routing of the system. What you see in red, is what we propose to be stage 1, that would be the stage that go under, into the next stage of what is called final design, -engineering and design of the system. What is depicted in blue is stage 2, and that would be simply accepted for further review analysis and really resolution of the number of major problems. What you seen depicted in green is stage 3 and would be certainly also subject to resolution of problems and very quickly after stage 2 problems are resolved. What you see depicted in black is the 1-95 busway that is presently underconstruction and will be completed in a matter of about 3 months to the 36th street interchange. That is the proposed routing of the system. One additional thing that would go in this is an extensive additional bus feeder network that would route people in and out of neighborhoods to transit stations and also provide a considerably improved transit service throughout the county in areas not directly served by the rapid transit fixed guideway system. That is the long range plans, 10 years. We are also and have been extensively planning a major improvement' in the bus system in the near term, 1 to 3 years. We have submitted and have just received funding from the U.S. Department of Transportation for approximately 172 new buses, 17 million dollar grant, we will be in a position to let the bids for the buses in the next couple of months, we hope to have the buses on line in about 9 months. That will bring the total bus fleet to 682 from 512 which presently exists. Mrs. Gordon Are you planning to do some grid lines? Dr. Dyer. Yes, we certainly are. The proposed grid system that has been discussed a good bit really requires two things we don't now have, a good number of additional buses, and the second is the two-way radio system on board all the buses which we will have for all buses. We are proposing to put 682 radios, one on every bus as soon as we can get together. Mr, Plummer How long before those buses can be on the line. Dr. Dyer: Hopefully 9 months, we hope to get the specifications out to bid, in two months, it takes 6 to 7 months on delivery, that is the earliest on delivery possible at this time. We just received the contract from the federal government two days ago. Mayor Ferre: How long will it be before we get the buses? Dr, Dyer: Nine months, Mr. Mayor, 1 think we will have the additional 172 on the line, That includes 32 mini -buses and the remaining large scale heavy line haul bus, such as the Orange Streaker, Rev. Gibson; l read in the paper something about Charlotte and a couple of other cities that were in a catastrophic condition because of all this JUL 171975 Pr mechanists in transportation. Wowdo you answer that, what are the doing tO do to avoid that. Rev, dibson:i1hen l atart€d men toning it, your eyes want up which made me know you must have some knowledge of the situation, whatever the city ia. Dr. Dyer. l am certain we are &ware of New York City's financial blew, Mayor perre:=-and San Francisco, Rev. Cibacn: Mr. Mayor this is not a financial problet . This was a teChaniaim problem. Dr. Dyer; you are right, I did read the article, it puts the problem basically as its the computerized signal system which we are also starting to put in. Our signal program is not as such a part of the transit program but part of the traffic -management, traffic..inprovement program. We are going to have a back-up system to test the system before it gets on line. Charlotte did not do that and they are having some problems. Mayor Ferre John, let me be as brief as I can, it is difficult because I am very interested in this, and I have gone around to try and find out what I can. Iwas in Boston recently and I went to see the rapit transit, and I went around on the trolley cars, etc. I saw something I had not seen before, and I want to share it with you, I realize,- -t have been concerned about deficits, I recognize for the first time that we are going to go to a deficit, as you well know in Metropolitan Dade County in transportation, but I was able to jump the barrier is Boston; I finally recognized the value of it. I saw it. They have a low cost system, you pay 25o and you ride the Boston transit system. The deficit last year as you know was $150,000,000. out of a budget of less thfse hundred: million. Dr. Dyer: It is not locally, MBTA is a state agency. Mayor Ferre: It is a state agency? The thing that concerns me about this is, recognizing that we are going to a deficit, and recognizing that the billion four -hundred million is a dream, that when you really get down to it, when we really get to it, it is not going to be a billion, four, it is going to be a lot more than that, it will be two and half billion, or`whatever.it is, hopefully the federal government will stay with us, and we will get it implemented, that is 2,-----3, recognizing that we are going that we are going from 6 million trips per day to 8 million trips per day, and this system will satisfy .'eight hundred thousand trips per day, which means we are going to have an increase by 1985 of one million, two hundred thousand trips per day even though we have rapid transit. So that means there is going to be even a further impact on our road system,which brings me to point No. 4 which is my question to you. In some places the idea is to put the system that will serve people, in other places like, ---the most outstanding one, ofcourse, is Las Vegas, --the concept was it was going to serve the economy, and basically it was going to be from the airport to the hotels. Now I ask this question, as a matter of priority wouldn't this community be better off in serving as a primary basis the airport -to -Miami Beach route, not that I don't want to serve the people, but I think that route is going to be easier to swallow because the deficit is not going to be as large on it, if it is done right, therefore I think that -would simplify then, what I am afraid of is that we are going to end up not with a rapid transit system but with half a rapid transit system, and then we are never going to implement the rest of it which it, we want the full system, and my question to you, wouldn't we be better, off implementing that part of the system -that -has a better chance of economically surviving and not causing these tremendous deficits that are going to scare the devil out of people around here, then in that way then really serve more people when we get down to it. Dr. Dyer; I might respond this way Mr. Mayor, we have done a tremendous mount of computer analysis on where the heaviest ridership on the system is. By far the heaviest ridership on the system is from Dadeland to downtown Miami op the N/S line. It generates up to 100,000 a day on 1985 figures and 20,000 an hour, That is more than twice what 1,-95 presently carries, The next highest in all honesty from 62nd Street, the Hialeah area, ---- Mayor Ferre; I find that hard to believe, My second point is this, 1 think the people we really ought to be serving as Much as possible is the post people and the people aho can least afford ttanspotta.-: ran. Don't come telling the that going down to badeland is going to serve the pour people. Dr Dyer: No,sit, that does not as well certainly as some othet partt of the route. Of courst 62nd Street,=--27th Avenue route comes right through the Model Cities area, right down through the civic center, and to the central part of downtown Miatni: Mr. Plummer: John, let me tell you something, the one thing that was very obvious and maybe I shouldn't speak. for Paul, on, thing we noticed on the BART system , was the absence of blacks, that was so obvious it wars unreal. Now, we asked the man, —.the man you sent us to, the department director, we said 'why',-ehe said there are two reasons, No.1 because it did not go through the areas, predominant black areas, and No. 2 was the cost involved. I said okay what are you doing to rectify that and he said what thve were planning on doing was put additional lines and more subsidy. I said can you stand it, and he said we don't know, we have so many other problems that that is secondary to the other. Based on what the Mayor has just said I don't think it is secondary, I think it is primary. The people in this sc-called Dadeland area, they all own cars, and our big problem is they are all using them individually, bat you take the San Francisco system, if you ride from end of the system to the other, it is a $1.65 for the total run which is better than $3.00 a day if you were to utilize the full system. I have heard of communities where transit is free because they have to realize the No. 1 enemy of this town and others is the automobile. Dr. Dyer: Correct, Mayor Ferre: Let me ask you another question John, in relation to all of this, following what Plummer just said, the thing I noticed in Boston, I talked to a lot of people, --you know what a lot of people co? Bo;;ton is a very spread- out type of community. You know what a lot of people do, they will drive into the outskirts of town and park their car oomeuhere it doesn't cost too much, get into the rapid transit and go into Boston. Where you really get the massive use of rapid transit, is not people going 20 miles, is people going'2 miles, or a mile they don't want to walk form the Prudential center down to the government center, which is a mile or two walk. So instead of taking a taxi or walking, they will get on the subway, it is 25e, and off they eo. I really think when it is all over with, which is why I am coming back to this point, I think where the big difference is going to be, in the system, Is going to be in the urban use or rapid transit, which brings me back now to two questions, one is, our interest in the urban aspect of it, which is the city of Miami and secondly the question the recurring question keeps haunting me, in Brussels I spent a full day going around in Brussels, and the thing I was really facinated by in Brussels was, they don't have the money, they aren't risk -like Uncle Sam, so you know, what they did, they had a trolley system, then every time they hit, or somebody subsidizies or something goes well, and they get some more, ---they will take a mile and put it subway. In our case we can't go under, we go over. I ask vt i, why can't we start with a right rail system, like Boston, like Brussels, and then as we come into money, convert the light rail into an overhead, ---rather than go out and spend 2 billion e lars right off the bat and only get, not a complete system, with that saute money even though the quantities would not be as much. I realize that the criteria that wags used was that you wanted to go to 800,000 people per day in the full system, and that in light rail ycu can't do that, because it has limitations, logistical limitations as to the number of people, but in view of these spiealiag costs, wouldn't we be better off with a light rail system. Dr. Dyer: But we think certainly that light rail may be very applicable on the lire to the Beach and up the Beach, we think basically the lines shown in red and lines in blue are so heavy, if we put in a light rail system we will ---befcre we get it in, we will be wanting to have it torn out and put in a heavier rail system , the volumes are such, example, the E/W expressway today carriec 88,000 automobiles. our '85 projection on that is 312,000 vehicles. The point i;, 7:50 A.M. traffic, 24 hours a day, if you can get it on. We think there is no doubt a ►.ra.rsit line is going to have to have to go e/w, but it is not as such even ehe highest volume transit line. Our problem with the blue line is as you well know, there are some major problems with the community, some things that need to be iroted out between the City of Miami, the City of Coral Gables, and Dade County, and there are some fairly significant policies that we thing perhaps it would be ?asy for the City of Miami and Dade county to resolve about the downtown and all those things, by building the N/S line, but waiting until the E/W line polity issues ate resolved,*What would enable tea to build that oitie Very Meth iti cottfetttity with the agreements of the City and County, Mayor Ferret tie hatien't gotten to the subject we are meeting here about, we are going around in Jiff erent•directione, we haven't yet touched be why you ate here. Why you are here is, because this City of Miami Cotianiseioti deliberated for months and went itto some very, very detailed engineeting attalyeis and caste back with 8 recemttendations which were sent to you. Now, there is eoiefesi teeeeee I ate► confused, and I think we are all confused whether or not we were looted, or whether of not we get half of what we ask for, or two things we ask for, and if so When, and if it hasn't been decied whet will it be decided, whet will it be decided Dr. Dyer: Would you like me to proceed with what the issues are as f understand them. Mayor Ferre: Let's not get into a discussion of issues or we will be here for three hours. What we are looking for, did you ignore us, if you did not ignore us, then what are you doing about our recommendations and when will they be either discussed, accepted or rejected. Dr. Dyer: One, we did not ignore you, the County Manager sent a memo to the Board of County Cocmisisoner on May 27 following the May 8th letter that transmitted these. The memorandum to the Board of County Commissioner in effect said that we have received the City of Miami's policy position, we concur with its major implications and its major recommendations, most of these recommendations and implications cannot be resolved until we get into final design. They are not resolvable: things in preliminary engineering. We don't get far enough in detail for example to determine the underground construction question. That is a detailed, final -design question. Mayor Ferre: I am not warred about that one as much as I am,is it going out Flagler or are you going down to let Street, are you going to DuPont Plaza or aren't you, closer to B:ickeli Ave. or way out in the boon docks, these are the things that are really to me nitty-gritty things Dr. Dyer: ---final design questions Mr. Mayor,- e/w line is all final design, it is all an alternative analysis, we can concur that the line is not established at this point, we have never sa5d it was established, we think the recommendations of the City of Miami have great merit, we are are sure the recornandations that Kaiser has are anywhere near as good as the City of Miami but they can't be resolved until we can do the alternatives analysis. Mr. Plummer: John, letame tell you something old buddy, this city cannot stand still for another two years. We went the other day on a bankifyou recall it being in the paper, and this bank was in the so-called route, existing, or non -existing or what, -----John how long can we tell a man, sir we are going to defer you, we are not going to act on it because we are not sure. Every time you have a proposed route here, that we try to help this city, and make some decisions, we are told don't do anything, you are going to affect the rapid transit. What I am saying to you, and what I think the Mayor is saying to you, some definite guidelines, some definite fixed routes have got to be established , loos, this Commission does not want to be accused of torpedoing the mass transit, but we cannot let out city stagnate on an unresolved matter. We have to know, ----you have to know,--- Mayor Ferre: Let me put it to you in a parallel form that Plummer is always using, and I am going to use now, to tell you what this is all about. We turned over the sewerage system to Metropolitan Dade County. Now, all of a sudden they made some decisions, without consulting us at all, one of them was, instead of having a sewage plant up at Interama, which was the original idea, they were going to pump it down to the City of Miami plant at Virginia Key and process it there. Then they decided they were going to come right smack through the middle of Miami , through Biscayne Boulevard and tear up all the streets and put all tee sewage lines through our community, again without telling us. The City of North Miami took a very violent decision, they went to court, and I'll never fcrget Jack Orr, God rest his soul, came to talk to me about all this and said , you can't because N. Miami is bad enough, if the City of Miami gets into this thing you are going to hill 130 million dollars of federal funds, He admitted to me that it was a mistake that we should have had that sewage treatment plant at Interama, why should all the sewage of North Dade County be treated in the central part of the city, when it would have been cheaper 7J JUL 171975 atd tote efficient,bettet to do it on location itt the north part of the county, but tw it is too late to go back Whtt the engineering drawitga ate made and hate we ate, the City of Miami always says, okay, we are not going to stop progress even though it is tot tb our best intere-t, let it go throta; Ghat we are saying here is that if keep telling us'well, you have send good ideas, that we might pay attention to, we don't know yet, we are that ante, wee like then in principle but we can't implement them yet, two years goes down the line, and all of a sudden you are going to say, On l 'tio' On 2 'no' Oft 'tto' oft 4 'to", oft 5 'to' we will accept 6 and no, no on 7 & 8, then all of a sudden we say, `Wait a moment, that is not what you said two years ago. Yes, but Kaiser said this, we don't have enough money to do it, aitd you are not going to be itt the way of progress are, you are not going to stop Metropolitan Dade county from receiving a billion and half dollars from the federal government, and you ate just going to have to accept this touting through Fiagler Street, and down the railroad track, and we are tot going to be able to do this. right down Le Jeune rather than through Coral Cables, the way we think it ought to be. Rev. Gibson: I want to say something so you could respond in the same breath. I feel that if Metro is acting in good faith, I want Mr. Andrews to hear this because the next time you bring some of this jazz before me, I am going to be raising hell, I want to make sure that language is incorporated in the record. I am disturbed at the County Manager, writes the Metro Commission a letter such as you have referred, and we were not knowledgeable. If you are acting in good faith, if you are dealing with men of good will, we should have knman this, this should have been public knowledge, so that we would not be holding the Manager with a jaundiced eye or questioning him or that' we would know that the, buck stopped at the commission. One of the things I discovered in the meeting last week, and Imade mention of it, and you told me there was not tape to record this, I am going to put it in this tape, I was disturbed, I am always disturbed when go to a meeting at Metro, the staff is as skimpy and the participants on the commission are few, ---that is No. 1. No 2, I just believe that if you are dealing with us in good faith, that r:.en of good faith begin to act. What I do speaks so loud you can't aar what I say, and I am disturbed, reliy disturbed that every time we are dealing with crisis situation, Mr. Mayor, I want to put warning to this commission, the next time Metro comes to us in a crisis situation, Gibson, ---(I am going to use this kind of language, ---ain't going to listen, because I believe that those plans are not just concocted at that moment, ----we don't operate that way, and those men up there are too smart. A man like you can't be where you are just operating out of your hat. You h ok at the mark and you chart your course well. I hope somebody will take the message back because it irritates me. It plays me for a fool, and 'don't intend to be that. Either you are going to respect us as a commission, as public officials who were elected by the people and until we merge we still represent the people of Miami andI promise God and everybody else, I intend to represent my constituents and they are the people who live within the city limits, of the City of Miami. P Sayor Ferre: Here is what it is John, Dr. Dyer: May I respond? Mayor Ferre: In a moment I will recognize you, I want to put this right on the line, we can do something about it now, because if the City of Miami officially protests this, I think you are going to have a difficult time in Washington. That doesn't mean you can't get it through, you might be able to steam -roll it past us, and I wouldn't want to be an obstructionist, and that is not not our role really, but any clout that we have, we've got now, because this thing gets going, it is going to be the same old story, that you can't stop it. I just saying I don't want to be snookered into a position Mr. Andrews that we find ourselves a year and half down the road, when this thing is under construction, and there is nothing we can do to change or stop,and I am just saying that if we are going to take a hard position, the time is now, and I think we had better seriously consider that and I want to share that with Mr. Dyer, right here in the open, and express our opinion. Four os feel the same way. I am sure Reboso coacurrs. This is the time. I want to know from you on what date we will have an answer from you as to the eight points we made 'yes' or 'no.' Dr. Dyer: Okay I :night do it this way. The City Manager's prepared memorandum and attachment, identifies as I recall , a total of 9 items, There are some 6 additional items as criteria rather than others, I think the memorandum indicates `�u JUL. 171975 that there already hat been a response to all but errs or WO of those, that they aren't unreaponded to at all. Ve eft tpecifieal.ly respond to that smarm Which is dated July 1S those are the $ questions you want respo tsea to. Mayor perre: l thought we passed that resolution back in nbruary. Mr. MMus: We passed a resolution it February but this was developed after the public hearings. Mayor Ferre: We have come up with 8 or 9 basic recomtnettdatiot s. Not./ you are tellitg me that we have answers of acceptance or rejection of those/ Mr. Plummer: What he is saying is, two are totally unanswered. A great number the answer is unresolved as he stated and can't be resolved until bore definitive things are done. Dr. Dyer:Let the take for example ons item. l realize there is quite a concern by the City of Miami, and the City of Coral Gables, and Dade County about the Douglas Road alignment, ---for example, I would recommend and would like to suggest, and like to request of the Mayor and Commission that Mayor designate one or more commissioners, the City Manager designated one or more staff persons, we would like to ask the City of Coral Gables to do the sate thing, we would like to ask the Metro commission to do the same thing and have a task force or study group of 6 or 7 people which is responsible for overseeing that unique special contract, or that staff that is going to analyze the problem. We don't have any particular reason for leaving it where it is or moving. We think it is primarily a case of the City of Miami and City of Coral Gables getting themselves together on the development and land use policies which are the key issues, not really anything Dade County has anything to say about. We see no way they can be resolved until there is some sort of indiciation from the federal government they are going to proceed. The point being, and this is the critical point, I think_I concur with if the City of Mlami says we protest this, we probably cannot get any funding as a county. The significance of all of this however, there are really four Metropolitan areas today that have a chance to become what are called new -start transit cities.' There hasn't been a new start since 1971 when the Metropolitan Atlanta received funding. Los Angeles , Detroit, Denver and Miami, --there is 100 million dollars in the federal budget for new start cities this year. The point being that money can be burnen up by two cities, we have asked for 29 million of that 100 million dollars to do final design and engineering.` L.A. has themselves together, Denver made the presentation yesterday yesterday to the Secretary in Transportation, -- we don't know who is going to be funded. We have submitted everything there is to submit for the next stage, which is final design, but we have no more money, we think we have carried out the requirements of preliminary engineering but the point is we are not in a position to resolve problems and resolve issued that are really conditioned upon the federal commitment of dollars to the construction of a system. Mayor Ferre: John we are not asking what, I am asking when. I am not asking what you have resolved, I want to know when you are going to resolve it. Dr. Dyer: Perhaps we should prepare a specific response to these 8 items and make a projected date on each one. Mayor Ferre: How long would it take for you to make that answer or that memorandum. Dr. Dyer: Less than two weeks, — Mayor Ferre: Could you be back here on the 31st of July with this answer. That is two weeks. Dr. Dyer: The County Manager is not in and available today, and I don't know what his position is,. ---- Mayor Ferre: In August we won't be here, can you give us an answer by the 31st of July. Dr, Dyer: I could give you a memorandum but I can't guarantee you it is the County Manager's commitment, that is the point, Mayor Verret 1 think it is good ettough if we get a t etnoratidui froth you. You said two weeks, and 1 actept that, then we will kttbtc wi;ere we stand it MO weeks, Mt, Andrews: Mr. Mayor nay 1 suggest you ask or. Dyer to respond to the Cott nissiott'ts policy tfiemoranduiti of 75-442, that spells everything out it detail, my tnetnoranduta WAS a digest from that resolution, Mayor rertet That is really what we ate talking about, Mt. Andrews: I'll furnish you with copies of it. Rev, Gibson: Mr. Mayor I'd like to say this, I went for a church and the Bishop said 'Gibson you've got 30 days vacation, okay, but the Gibson, the 30 day vacation you are on call.' Dr. Dyer: I don't understand what you are saying, Mayor Ferre: He can't impose on the Manager if he is not available. Is he on vacation? Dr. Dyer: Yes, he is. Mayor Perre: John let's leave it this way, and I'll accept your good faith, I have confidence in you, and I believe if you say you are going to try, you mean it. on the 31st you will be back here? Rev. Gibson: I don't want you to think I 'am badgering you but I am going to tell you a story that might lighten our burden, my burden anyway. Somewhere when I was in seminary, they gave us a story something like this, that the ruler of a country had said to his supporters, his workers, assistants, that I don't want you to disturb me for any cause at all. Don't disturb me. And somewhere it goes on to say the rule's kingdom caught on fire, and i,rrnd down and it did not burn where he was in that particular bed, and when the ruler came down and said to the men who were his trusted guards and assistants said, 'why didn't you call me and tell the the kingdom was about to burn', but you told me not to disturb you, and I carried out your command' --- Dr. Dyer: You are not implying we are going to burn down ride County are you? Rev. Gibson: What I amimplying is, that if he proceed that this issue was sufficiently important and urgent, he doggone sure will call the Manager or he will go the Mayor and ask the Mayor, and I`ll tell you this."P.D.Q" do you know what that means? Pretty damn quick, the Mayor will get the Manager and let me tell you this, resting as he may be, he will stop rrtsting. Mr. Plummer: You don't have to call him, he has heard the vibrations from this room. Mayor Ferre: That is the problem, that he hasn't. Mr. Plummer: Mr. Mayor, you are being unfair to a man who is, -- Mayor Ferre:--I am not being unfair, -- Mr. Plummer: Yes, you are, you are being very unfair. John, look, if I may -speak for J.L. this commission is damned concerned. Why are we concerned? Because the people of this city are expressing to us their concern Lid based on this kind of a digest, we are not able to answer our peoplr, and I am not going to say it makes us look like fools, it makes you look like fools because now these people have conceived an opinion in their mind. They want answers, and they are entitled to answers, and Ithink what Father is trying to say in so many words is we have to have answers, I hope, I don't want to see the City be a stumbling block, anyway shape or form, but I think we have to be answerable to >he people we represent, and in a way the Metro commission represents those people as well as we, so all I am saying is, if we don't get answers within the next two weeks, that means we are going over to the llth of September. Mayor Ferre: Excuse me John, as a matter of personal privilege, since Mr. Plummer said I was very unfair, I want to be very clear in responding that. Mayor Ferret i don't take something like that lightly. 1 want to make cleat on the record, that I at it do way castigating you or Ray Goode and will trot take bakc the stateretit that trade however, that the problem it; that Ray Goode has tit heard the vibrations. t might say that - 't .t Goode is the hest friend that the City of Miami has ever had In Metropolitan bade County. Just because he has been t daft take this statement. This is a serious matter which I cannot third& of ettythittg other than the main question of eottso1idatiott and taxation eta the problem of double taxation or over -lapping services, that it tore important tb the ftitute of the city of Miathi than this Chatter of trapsporations and it will impact tremendously the City. i think there is good faith. I don't question the good faith, yours or the Manager's. I think we tteed at answer. We teed to know where we stand. I am willing to do everything in my power and I at sure 1 speak for everybody here. I'll meet with you any day you want for as long as you want, acid I am sure everybody here is welcome to do the same thing, and the Manager to get this resolved. Could you please, on a beat try effort be back here on the 31st with as many cnswers as you can? If you can't do by then, would you tell us whet you will have an answer? Dr. Dyer: That is fair enough, I'll be glad to write that kind of memorandum. Mr. Plummer; John, may I ask one other question, and please don't mis- interpret this question, someone made mention to me the other day and I want to ask your opinion, we have seen where the figures of this transit system conceiveably could cost 2 billion dollars, that is realistic? Dr. Dyer: We think all the estimates are on the high side a good bid. They were made on that basis for the simple reason that inflation has gone wild in the last number of years. Mr. Plummer: Here was the question, the person said to me, we the people voted on a bond issue which included x number of dollars for mass transit, we now have to assume that since the total price has doubled, that the obligation of Dade County people will have to double. Doesn't it seem fair that since the price has doubled, that they should come back to thepeople and say, now that it is going to cost you twice as much, do you still approve of it, or B, do you approve of the additional, what was it 100 million on the local level, ---- Dr. Dyer: It never has been costed out. Mr. Plummer: In other words it is going to be double, approximately double what the original concept that went to the people. So what tam asking you, and the answer I am looking for, has Metropolitan Dade County considered going back to a referendum to the people, asking now that it is going to cost double, do you still want it? Dr. Dyer: The answer I think is this, first the estimates we have are estimates that are going to change a great deal in the next year and a half, if we go a final design type situation, where we are able to very good cost estimates. The estimates could easily be cut now 300 million dollars if you want to wipe out a contingency fund. That alone, 20% contingency on.2 billion dollars is 400 million dollars, that is what the contingency fund is. The right of way estimates for example are factored at 20% the first year on cost and 10% a year thereafter. We are certain that a number of the costs can be brought down considerably. Specifically to answer your question, I don't think we are really talking about building a system that is going to cost more than a billion , 300 million, Mayor Ferre: The answer is no, Dr, Dyer; The answer is no, Mayor Ferre; Father Gibson talked a little while ago about PDQ,---- well I'll just answer my colleague Plummer and tell him it is BBT and B.Z.T. means bullet biting time, so thank you very much. Mr. Plummer: I am sure DOLT, could be interpreted many ways. OMMU ITY ELATIfNS BOARD; PRO t tEMOLt tON OP $W1`i:WWNO LOCATED MOTION OF INTENT TO GRANT FREE ADMISSION TO_ SAMMING POOLE., UNDER _ .10HT1 N MEETING TO COMSAT CRIME Mayor Ferret Mr. Mints) we'll recognize you at this time with bur apology for taking you and others wait so 1.otigz Mt. Robert Simms: Mr. Mayor 1 am provileged to be here but # would like to introduce my chairperson who will stake the iresentation to you) Mars. Pitltelsteitt. Mayor Ferre: We are always honored to have Mrs. Finkelstein, a very capable public servant. Mrs. Audrey Finkelstein: Thank you very much, may I say before what I really wanted you to address yourselves to, that on behalf of C.R.13. we are encouraged to note that you are in the process of establishing an Affirmative Action Plan, we would like very much to have the opportunity to come back at some future time with an in-depth critique. In fact we might suggest that it would be useful to you and the public toiset aside a special time for the study of your Affirmative Action Plan. Mayor Ferre: Excuse me for interrupting but Isee some smiles in the back of the room, because that is exactly what some other gentlemen are here to tell us, and as a matter of fact, taking you up on that, I think Mr. Andrews on that very same day that we are going to be talking about the Minority Implementation of recruitments and hiring in the City of Miami, we might take up at that very same meeting the subject what is certainly related. Mrs. Finkelstein: Thank you, I wanted to share with you and come before you about something that came up at our June forum,,, you know that CRB has a monthly forum where concerns and needs of the citizens of all of Dade County are aired, hopefully some solutions are arrived at. Thar forum dealt with the availability and utilization of recreational facilities in this most important summer of joblessness. C.R.B. is as you all are, concerned about wholesome involvement for cur youth, and swimming during the summer heat is of course anappropriate and logical activity for youth which the City of Miami does supply for a fee. A 15e charge or a requirement of 25 aluminum cans to center a swimming pool isn't much unless you don't have it, and it is ever. more of a burden when you multiply tam up by one day, but by several days a week, by several weeks, really. And so, Cfl3 felt strongly that a fee of some kind shouldn't keep`a kid out of a swimming pool. We read two nights ago a young person jumped over the wall in back of Jordan Marsh and drowned, we are not sure whether he had to bring cans or not, he would come to a swimming pool. Anyhow we note that, that there are 40 or 50 kids swimming in rock pits at the moment in S. Dade and we worry about that. We understand your philosophy behind the requirement of aluminum cans, we agree it does help conservation and beautification, and maybe as you said, it is a factor in maintaining discipline, but I think we really don't agree with it. You know,-- how do they get the cans? Mayor Ferre: You know what the real impact of the thing is, it really isn't the money, because the 15a is meaningless. We don't make money on that, and the cans just, the real crux of it is control, and I'd like for the Manager whenever you want him to, ---- Mrs. Finkelstein: I just have a brief statement, we understand your concern about control and about discipline, we are sure you will find a psyc:iologist that will say that you value more what you pay for, if it is true , perhaps you could go on to say then what you don't pay for you don't value, therefore you feel free to vandalize and break in, and I am sure I could find a psychologist that would say what you pay for you figure you own a little bit, and you damn well can do what you want with it. So I would like to leave those rationales out. It simply boils down to the fact that there are young people who are deprived of a facility which is suppose to be public and is paid for by taxes anyway, of using that facility, and we worry about this can business. How do they get the cans? Maybe you maintain control in there but what kind of control outside in order to get them, Do they fight with each other, is the father who drinks the most beer, ---T_ don't mean to be facetious, but gee, 25 cans, --- Mayor Ferre; It hasn't worked anyway. Mrs. t 1t kelsteitt Wt110 t don't know, -.,,,,,anyhow, we ate asking that these kind of requirements be waived We certainly hope that misbehavior won't be tolerated. tf they have to get out for 10 minutes, an hour, r, a day, never e.ome back until thter parents come with they, toe hope that will oeeur, we don't think they deserve to be there under any condition, but we Limply as t say want to see a kid in a pool and out of trouble. toe would like to recommend to you at present throughout Bade County, there are people who cannot afford lunch that are getting free latches and they have a car that entitles then to the free lunch, and we are suggesting, recommending very heartedly, heartfeltly in fact, let that Card also admit them to your pool. There are children who can afford to go into a pool, even if the pool is in a so-called deprived area, they ought to pay. But we are worried about those who Can't pay. Mayor Ferre' Audrey do you know what we are really worried about? Let's put it right on top of the table, The City of Miami has geogrpahical limitations, and we are hard-pressed; if you have to pay 15c-and you don't live in the City of Miami, you are not going to go out of your way to go there. 1 agree with what you are saying . I have always felt bad about having to charge for City facilities. I would like to waive that. Mrs. Finkelstein: Excuse me Mr. Mayor, are you saying that adjacent com- munities that charge, they won't go there even though they live there, but they will come to you. Mayor Ferre: What I would like to do is open it up completely, I agree with that, anybody who lives inthe City of Miami can use our facilities for free, no charge. Mrs. Finkelstein: Metro as of yesterday has waived the fees at 8 pools, and the remainder of the pools, the children who have the lunch cards will be admitted. There is no reason for them to come over to, Mayor Ferre:----great, then I'll go over there and that solves our problem. We are part of Metro too. Mrs. Finkelstein: Now, you want to go over, there, Mayor Ferre:----we are them, you have to remember, that we, make up 25% of Metro and we pay 22% of the taxes, so those are our pools, ---- Mrs. Finkelstein:Okay, fine, so you have done it, --- Mayor Ferre: They don't pay our taxes, Mrs. Finkelstein: You have done it a portion of the county, so we are asking you to do it in the remainder of the County, in your precinct, REv. Gibson: I think what youare not hearing is, let's assume the people , the children in Miami says okay,we want to go to the pool, --what I think I hear, so we are prepared to give them a card, --- Mrs. Finkelstein: You are prepared to give them a card? REv. Gibson: --let me say this, I urge this Commission to give those children a card. Mrs. Finkelstein: --we are on the same wave length, ---- Rev. Gibson:---ah, but the other part of it is, -those who don't have a card,----ah,---- Mrs. Finkelstein: --they don't live in the City of Miami and they don't live in Metro, and the unincorporated area you are saying, Rev. Gibson: What we are saying to you is, we paid for those facilities in Metro and I can say this because I am a native son, born and bred here,you can't exclude me no way you think, --okay, all I am saying is I will urge my fellow commissioners right now, momentarily to give every boy or girl who proof that he lives within the confines of the City limits of the City of Miami, a free card which would admit him or her,--- Mayor Petrel Audrey, I runt to repeat it again, we, the citizen and residents of Miami pay Metro taxes, sa we atettitled to use Metro. The people of Metro that live outside the City boundaries don't day our taxes. Mts. Finkelstein: you are saying you runt to maintain the pools of the eity of Miami for the people who reside in the City of Miami. tell we are taming here to ask you that those who do live in the City of Miami who now today , yesterday, have to bring 25 tans, tomorrow don't bring 25 came but have a card. Mayor Ferrell would agree with that. Rev. Gibson: I know because I am going to be the guy to bear the brunt of this. I understand what you are saying, I at just saying if Metro is given all those people in Metropolitan, outlying areas, a card, we will give ours in the City a card, and let it be known, Bob, you tell the story, that if you live in the City of Miami you can get- a card, but my brother if you don't live in the City of Miami, you talk another story. Mrs. Finkelstein: We are suggesting that the cards, ---we are asking that the model that the school system uses in the issuing of free lunch things, that crosses city boundaries as I understand it. --- Rev. Gibsoa: But what you are forgeting is the county has, ----the school system has capability, the authority and does, say to everybody you pay for this school system. We don't have that authority, and all I am asking you to do is, we are willing to meet you half way, --- Mrs. Finkelstein: I didn't come as a representative of Dade County, I come as a representative of people who can•''t swim in swimming pools cause they got to pay. Rev. Gibson: My dear, let me say this, as an elected official, we must be careful about getting rid of the taxpayer's money, and account for it. I am prepared to offer a motion right now, that those who live within the City .' limits of the City of Miami, white, black, blue, pink, will get a free copy. Mrs. Finkelstein: That is great, that is exactly what I have come to ask. I didn't add anything, except to say you already have a free lunch plan going which gives a person a card, if that card, you don't have, to issue two, --- Rev. Gibson No, no, I am too smart for that. I want a card from the City of Miami certifying that Joe Doe lives within the limits of,. the City of Miami. Mrs. Finkelstein: I couldn't presume to ask you to go beyond your boundaries. Mayor Ferre: We are all in agreement. there is a motion, is there a second? Mrs. Gordon: I second it, ------ Mayor Ferre: There is a second, now I'll tell you under discussion don't you think since the point is to really make our facilities open to our citizens, we should now increase the charge? Rev. Gibson: ---I agreed 25c at least, ---- Mayor Ferre: ----for those that don't live, there is no way you are going to keep people from coming ---you are going to have county people cross the boundary to go to the city facilities, and those that don't live in the city ought to be paying a little more. Mr. Plummer: Mr. Mayor I am sorry to keep throwing this, ---this is not your problem; this is mine. You know what it is going to cost to administer kind of thing and police this kind of thing? A kid is going to lose the card, he is not going to be admitted, 1 am assuming you are not going to issue a plastic card, it is going to get wet, Mrs. Finkelstein: He wouldn't be admitted if he lost his 15 or his 25 cans, ---- Mr. Andrews; Mr. Mayor and members of the commission, in order to achieve what 84, J U L 17197 yott want, fitst of all ate you talking about young adults 18 down to less than that? Rather than have a card, eVeh with a card, it is hard to identify youtigeters tt bingin, let theta sign their tame and ad rest oft a fottii and when we have trouble with the yo ng:tett that are toting in, at least we know, we know their addrett, We tan go to their parents and hopefully turd that around, and I think that it better than a card. Mt, Plummer: Much better, Mts. Finkelstein: you utfderstand, I am hog: directing the method, I am otily asking it be done. Rev. Gibson: I make the motion with that intent. Mr. Plummer: Are we still followint the same policy that we have two sessions of pools, someone was saying to me one time that the kids were being turned away and some kids were staying in the pool all day long, and because of it they cut it off at a certain number, ----some kids were not able to get in at all, --we still having two sessions, a morning and afternoon? Should We consider it, are we at a point where we should allow a kid to swim 3 hours a day, so we move those out and others can be afforded that opportunity, are we at that point or not. Mr. Andrews: we have that kind Mr. Plummer: I don't think so, and I think we ought to wait and see if of problem before we put that demand on it. I amijust asking the question, Mrs. Gordon: Personally I would like to see them stay as long as they want to say, it keeps them out of mischief. Mr. Plummer: Rose some kids have been denied because they have a certain amount that they can let in safely with the guards, Mayor Ferre: If we have that problem, we will cross that at that time. The following motion was introduced by Commissioner Gibson, who moved its adoption: A MOTION OF INTENT TO GRANT FREE ADMISSION TO SWIMMING POOLS TO CHILDREN UNDER THE AGE OF EIGHTEEN Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Vice Mayor Plummer and rsyor Ferre. NOES: None ABSENT: Mr. Reboso Mrs. Finkelstein: Thank you very much I would like to turn this back to Mr. Simms —He is here to discuss with you a very exciting thing that is happening between the City of Miami and C.R.B. and I thank you very much for your attention. Mr.Robert Sims: Thank you Mrs. Finkelstein, Mr. Mayor and members of the commission, I noted with great interest some of the comments you have made, you have talked about the wonderful thing of the public sector working jointly with the private sector, talked about a white elephant, and then you talk about getting it in the black. We are concerned about those three processes, that I want to speak to you about, because we think we are entering into a unique relationship between the private sector and the public sector, we think we are addressing ourselves directly to that which was created by the white elephant. We are going to get it in the black. We are concerned about the priorities ofthis community, one called 'fear and the causes', ---Mr, Plur and Mr. Kojak , we are talking about crime and its causes and results. What we have done is to address ourselves as a staff to the on -going dialogue that has taken place here, it has taken place throughout the community. We watched with great interest the development of the pollee department of the city. We JUL 171975 have recognized that the solution of ctifie is hot golttg to be cteated of petfofTed by police along. We have therefore entered ihto a Uotkittg attafgeffieht With Chief Watkins of the Polite tepatttt<ent and as a result of this artangetaht We have noticed With great interest that the only people that ate working i:tt the area called by the press the ghetto, by members of the police department as the 'pit' but by people Ube reside there is home. The May governmental agettt+y that is tsut thete le the police depattmet,t.Chief Watkins recognizes that, We recognise that as we ate there as a reptesentative of goverment, though it be Metro, attd we refer to the area of the central Negro district as it has been traditiohally referred to. The police depattrnettt has Made it it's nutber otie responsibility, --eein discussions over the days and on the period of time with Chief Watkins, we have recognized he is not going to resolve that problem by himself, that the people who reside there trust join with him iti resolving the problem and they are quite willing to do so, but you see, crime was not necessarily caused by people that live in good conditions. It is sometimes caused by people who through their frustration of trying to have a decent meal or a decent place to live, and decent clothing and a decent job, sometimes becomes the cause. So in sharing these concerns with Mr. Atiirews, he agreed and thereby made it the nubmer one priority of those city departments that work there and we appreciate that but we think it must also become the priority of those other institutions that not necessarily fall under the jurisdiction of the City. Mr. Andrews in his concern join with Chief and in part with us, maybe,has called department head meetings of those departments that work there, he has directed them to move through the area with residents to with them, identify those areas of major concern and most importantly he has seen fit to designate four seeder positions that were allocated to the city, he has designated four of those positions to the C.R.B. which is incidentally a Metro outfit. The people assigned to us therefore become a part of our think tank, but work directly in the area commonly referred to as the ghetto of the pit, or home, the central district. I have three of those gentlemen with me today, they have been identified as Mr. Lewis, Mr. , and Mr. Cooper. There is yet a fourth person to be identified, and I�1l talk briefly about their roles, because we think that four of the right kind of people can turn that community around. Primarily what we are doing there are as follows: One, we are going to with the aid of Mr. Clitus,---you can't turn that community around unless you have real people who have a commitment, who recognize the need for people who reside there, and this instance, black folks to survive, --Mr. Clitus is three weeks out of Raiford, he is commonly referred to as he believes in black survival, but so do I, so do all of us who happen by birth to be black, we are determined that we are going to survive, but we are determined that we are going to survive within the system, so what Mr. Clitus will help us begin to do, to develop a viable relationship between the residents and police departent, and we know we can do that. In order to enhance that, we have to eliminate thos conditions that cause people to be disturbed and frustrated, and Mr. Jack Lewis has been assisting and will continue to assist us in that role. His role is going to be that of an ombudsman dealing with community leadership in various sectors of the central district, those people who know what is going on, and who know what the problems are, and relating that through whatever mechanisms we developed into the appropriate recepticle response vehicle so that those social delivery agencies that have admitted publicly of being afraid to come into the ghettos or into the pit or residential areas where poor people live. What we propose then is develop a locking mechanism not unlike the Soviet thing up there, and American thing hooked up today, We are going to be hooking up in the central district, so that services that were designed for people can be delivered to people, thereby eliminating in hopes those frustrations. Third, we are going to develop a mind-blowing experience that will tap into the potential in this instance of black kids that has not been rocognized. Jackie Robinson made it not so much because of his skills but because of the existence of a Branch Ricky so we think that in the City of Miami we know in Mr. Andrews we have that kind of thing. What we are today is to introduce this concept to you, it is unique we don't think it exists in too many other Metropolitan areas. We are here also to ask this Commission its support because it is going to take the support. We we have proposed to Mr. Andrews is that we operate for theCity of Miami in the hot area down there, which is directly as you will recall on Second Avenue in where between 9th and 7th Streets, We have identified an area on 9th Street in that area, and there are several options that we have, i wouldn't want to run the cost of the real estate office up. A store front which will become sort of a citizen's information office, we will run the office, but it will be a place where the police can meet citizens, where social agencies can meet the people they werecreated to serve, and where departments of the City of Miami can meet with the people to develop the kind the kind of relationships, that will allow people to nerve and be served. what we need of this City CoMtnission if t May, is your moving, I guess= --"-we need a store ftttint, we ate asking that you supply that. There are certain other kind of support kittd of things that t suspect Mr. Andrews might be able to elaborate oxtmore effectively theft I would have one last piece out of that. Mayor Fevre: Do we have a motion? Mrs. Gordott: I'll trove that and I'll ask Mr. Andrews to take this concept and see if it can be enlarged upon its several other areas of the City where it might have the same beneficial effects, such as perhaps Liberty City, the Brownsville area, Coconut Grove or wherever. It could be enhanced upon because I think what you ate hitting upon is a grass -roots kind of approach to the problem which I am totally in favor of. I move it. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-617 A MOTION OF INTENT TO PROVIDE A MEETING PLACE SOMEWHERE IN THE CENTRAL DISTRICT FOR CITIZENS OF THE AREA AND CITY OF MIAMI POLICE OFFICERS IN A COORDINATED EFFORT TO COMBAT CRIME, AND TO ENCOURAGE THE ESTABLISHMENT OF THIS TYPE OF ACTIVITY IN OTHER AREAS OF THE CITY AS WELL Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Vice Mayor Plummer and Mayor Ferre. NOES: None ABSENT: Mr. Reboso Mr. Simms: Mr. Mayor my last piece would be to bring to you the result of some of our activity already and I would like for Mr. Jack Lewis who is becoming a part of our staff but who has been prior to this time, been a very diligent worker in the community as a citizen, Mr. Lewis has a request to make of this Commission, on behalf of the community. Mr. Jack Lewis: Commission, I am Mr. Lewis and I have had citizens to approach me to ask me to ask you, the building on Second Avenue between 7th and 8th, it has become rat infested, also it has been condemned since the last of last year and also it houses derelicts, also a robber, can escape from 8th Street to 7th Street without being seen, else it has been se.12 that severl, or one or two, - - I won't say several --have been snatched into the building, so the police or nobody else can see what is going on, so we would like very much as they asked me to ask you to have that building taken down. Mrs. Gordon: I am familiar the situation, I agree with you totally. I believe the owner of the property has been desperately anxious to have somebody tear it down. He doesn't have the funds to do the tearing down if I understand. Mr. Andrews; Mr. Mayor and members of the Commission we have been working, ---first of all the individual departments have been going through the central the central area and uncovering things over which they responsibility and are reacting to it. One of those is the Building and they have identified approx- imately 8 buildings that will be removed, but one of the first ones is the large warehouse one block long and we have gone through the trouble of getting bids publicly and received a bid in amount of $12,440. to remove this building. 1 would like the commission to pass a motion--$12,440. to remove the building in its entirety, I would like the commission to pass a motion authorizing me to procede with the removal of this building, and giving me the latitude to find the funds within the City because this is a revolving account, once the building is torn down we will place lien against the property to recover the funds for this, before I make that as a firm commitment I want to tell the commission that I would also like to have a motion authorizing me to deal with the property owner because after the building is taken down we would like to be able to utilise the property itt conjztttction With anothet project that Maybe they are going to annottttee it which we would greet that atea tt i. W+ might not take a cdtp1ete park out of that ttarte0 sttrip but We tan tertaittiy get some grasseft that property, some trees and beeches and etc. Mrs. Gbrdottia basketball Mt. Andrews:g=and do it on a lease basis, we don't have to putthsse the property or acquire it until as such tithe as the owner decides to utilise it for whatever he itttettds Mrs. Gordon: Mr. Andrews if I might suggest to you that you negotiate immediately with owner and purchase it on the basis of a credit of the amount it is going to cost to demolish the building and 1 think you will find that you have a cooperative seller. Mr, Andrews; 1 want to be careful, and wont with the City Attorney's office and seek his advice in this area, because inadvertently we can get ourselves in a position where we will be taking buildings down and not be able to collect any money at all for the removal of buildings. Mrs. Gordon: --yes but if you own the land, that is what you are talking about. Mr. Andrews: Well,we don't own the land. Mrs. Gordon: --say you would like to own the land, ---- Mr. Andrews: No necessarily, we'd like to see it redeveloped. Too much ownership isn't good either. Mayor Ferre: If we have to buy all the pieces of property that are derelicts and we should clean up, we would need 10 billion dollars. Mr. Plummer: We would be a bigger land owner than Ferre, Mrs. Gordon:If you could work something out with the neighborhood, that area is desperately in need of some open space, and with our parks bond issue and all, we are supposed to be commited to open space for all neighborhoods and certainly this neighborhood could stand a little open space. We are talkingabout a speicific piece of property , not the entire community, not every single piece of property that needs to be demolished. Rev. Gibson: Mr. Mayor I want to ask, I am with what you are saying, I am for it, whatever the legal business has to be, beautiful, ---do it. You know what bothers me Mr. Mayor I went down in that area two weeks ago, and I what to say to this commission, I don't understand how, with our police power, those buildings can be as they are. I am like Plummer either we have the authority to enforce some of these things or we don't. We have an awful lot of buildings down there. For instance, where Leonard's Department store, -----that is a disgrace, and I now raise the question, what has the Building Department or whoever is responsible for condemnation and all that, ----what has been happening to let all those buildings exist in such deteriorated conditions. I saw a man taking a jack, hoisting the jack, in order to. put an awning kind of thing, ----I just don't understand, plus, it seems to me we need to serve notice on HUD. HUD has soma of that property you are talking about not too far from St. John Baptist Church on 3rd Avenue and 12th Street N.W.---HUD owns a lot of that,Why aren't we asking HUD to demolish those buildings, if they own the property? mayor Ferre: I think we went through this one before about a year ago. I think we ought to repeat an invitation to HUD to come here and discuss some of these things. Mr. Plummer: You remember what happened a year ago? Mayor Ferre: There are a lot of things I remember that haven't happened and with a little bit of pressure and interest, they've begun to happen, I can show you a lot of directions, we can start with the police department. I'il'show you a lot of things that are happening today that wern't happening a year ago, We have a motion by Father Gibson on this, The motion is we invite the HUD people to come before us again and have open discussion, Rev, Gibson: Let theme give an accounting of some of those buidings and they Ought tb teat theffi dower Mtn. CordOnt Very good but that about the One Ve ate discusaiftg right now. Mayor PerretLeet get this tesolutiott fitat and I'll reCognite you for the setOtd. The foilowing Motion was introduced by Commissioner Gibson, gho moved its adoption: MOTION NO. 75.418 A MOTION OP INTENT TO AUTHORIZE AND DIRECT THE CITY MANAGER TO PROCEED WITH AWARD OF CONTRACT TO THE LOW BIDDER FOR REMOVING A BUILDING LOCATED IN THE . AREA OF NW 2ND AVENUE AND BETWEEN 7TH AND vrit STREETS Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES Mrs. Gordon, Rev. Gibson, Vice Mayor Plummer and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. A motion to request HUD to come before the Commission to openly discuss proposed demolition of deteriorating buildings was passed and adopted by a unanimous vote of the Commission. Mr. Plummer: I want to get to one other point. One of the sorest subjects in that particular area, you haven't addressed, and that is commonly referred to as attitude adjustment center. Now, it is a watering hole, it is a bar, and I think more illicit activity goes on in that bar on Secont Avenue than any place down there. Now, would you suggest to the Manager that a little more enforcement is needed in that area or not? Mr. Lewis: Well first of all, that area just beyond this building, between 8th Street and 9th Street. A committee had planned to make a model area out of that area. That comes between 8th Street and 9th Street, between lst Street and 3rd Avenue, rather between lst Avenue and 3rd Avenue. Now we have had two meetings and we intend to have one more and as soon as we have that meeting then we will go in to making a model area out of that sector which is sector 40. First of all, we have to do something ourselves, some painting and cleaning at this time he mentioned the gentleman across the street jacking the awning. Well he got that awning up, he is beginning to paint. They are remodeling my shop,beginning to paint. As soon as we can get some more paint, some more fixing and as soon as we can find out, we have to go through the tax records to find who owns certain property, some of the absentee landlords, and as soon as we can do some of that, we will begin to move into fixing the model area, and then we will be able to ask some of these people who are doing certain things, we can ask them to move across 8th Street, across 9th Street, with their violations, whatever they are, and as we hold this at a certain time, at that point we will begin to scatter, then from that on we will begin to move -them completely out. Mrs. Gordon; Mr, Lewis are you familiar with the corner that Mr. William Sawyer owns next to his hotel? on 2nd and 7th I think - Mr. Lewis: The Mary Elizabeth Hotel, I am very familiar with it. Mrs, Gordon, I don't know if you know this or not, but that corner will be developed into a mint -park by the efforts of a women's group of realtors, and the City has gone into a lease arrangement with the owner of the property , a dollar a year to maintain and these women have met with the nursery men and other people in the community have gotten donations to ftx it up into a park, A lot of old men sit in there, and sit on old boxes and and benches and doing nothing constructive, but that will become a beauty 8 JUL 1 7 1975 spot atd an ittspiratiott for the whole neighborhood. P Mt, Lewis: That will give a good indication that the City 1s ttying p to do sotnethixtg. i Mts. Gordon: The community cares, and this is a private organization* the City is cooperating. I just wanted you to know, but it is a private orgattizatiott :! of real estate people that are doing the wont and getting this thing put in place, ::: the ttotnen's Council of Realtors. Mayor r'erre: I subscribe to it and it is wonderful but it is almost 6 o'clock and I estimate that we have 3 hours of work left. We are going very slow. Let's get on with this show. We have been here since 9 this morning without taking a brake. Let's move on. Bob is there anything else you want to bring up. Mr. Scott: No, I think the degree of success that we achieve up there is the degree of responsibility we not only get from you but that you can stimulate from other people who don't know that people live there Mayor Ferre: You know you've got it, don't you? Mr. Scott: I'll place my life on it and that is why we are here. Mayor Ferre: Thank you very much for the work you and your committee are doing. l HA SOLID NAM TRANtF R STATION ITE. 20TA STREET PROPERTY The fo.lt Lhg ttotiemi Was introdt oed by CordliiSsioner PitiftiMer, 10his moved it`e adoption: MOTION NO. 7-61g A MC 'tON E StONATiNG Jett 11# 197S AS THE CATE FOR A PUHLIC HEAPING ON TUE Qt ESTMGt3 OE ESTAELtsttlf G A SO= WASTE TRANS, PEA STAT t 1 AT N.W. 2OTN STPEET AMU 14TH AVENUE. Upon being seconded by Commissioner Gibson, the Motion 1.4as passed and adopted by the following vote AYES: Commissioner Pose Gordon Commissioner (key.) Theodore Gibson Vice Mayor J. L. Plner, Jr. Mayor Maurice A. Perre NOES: None. EFRSop-NA APPEARANCE MOTION OF INTENT TO PROVIDE OFFICE SPACE FOR 27. ROD L. (LAUBMAN "PERFORMING \ T$ FOR COMMUNITY & EDUCATION INC." Mr. Rod E. Glaubman: I'm Rod Glaubman and I'm here representing an orgahizat- ioh called "Performing Arts for Community & Education, Inc." We appeared before this board March 24th to request office space from the city to help us administrate the fund of the "Music Performance Trust Fund" which are moneys in excess of a quarter of a million dollars to provide live, free, open to the public entertain- ment performing until April of 1976. This money represents moneys that are col- lected from the American Federation of Musicians and the recording industries. They're the largest single employer of musicians in the world. Correct me if I'm wrong, Mayor, you recently were at the National Endowment for the Arts. Mayor Ferre: Yes. Mr. Glaubman: P.A.C.E. is presently piloting several different programs that are outlined in the papers that we gave to you on March 24th - Piloting programs and documenting them for the purpose of applying to the National Endowment of the Arts to secure more money for the Miami and the South Florida area. When we appeared it was recommended that we approach the City Manager with the package. We were then passed to Mr. Parades who then passed us to the City of Miami Cultural Coordinator and it is now mid -July and we still don't have an office space and coming up in August and September the National Endowment is coming down to see what kind of programs we've piloted. Rather than duplicate efforts in this area, rather than having you go to Washington on several occasions to try to secure money we're piloting the very programs that you're discussing. We have the money to spend for them and we're documenting them and we're going to have for them in August. Mrs. Gordon: How much office space are you talking about? Mr. Glaubman: Less than 1000 square feet. Mayor Ferre: Are you listening to this? Because this involves the work that you and Mr. Hernandez Lissaso have been doing. Mr. Glaubman; I've called Dr. Lizaso once a week every since I left here anl, we have written him letters and I have no response. Mrs. Gordon: Mr. Mayor, how about a suggestion, how about that facility we just received this morning? How about finding a thousand feet in that office building, Gusman Hall and Gusman Office Building? Mr. Glaubman: Steve and I are exmembers of the Miami Philharmonic or however you want to put it and... Mrs. Gordon: Yes, well we just got the deed this morning. Mr. Glaubman; Well, we need office space desperately. Mayor Ferre; Would you then look into this thing right away, Mr. Andrews. Mr, Glaubman; It is very important for funding purposes because if the come down and see the way we're operating; we've been very successful,., JUL 17197 Mt Parades ih a sehte %&te competing for the safn objettive: Pot ihstante, the Florida Pihe Arts Council allotted them $4 000 atd the City of Miati got $2 b 6. At you know we've been using ig Manpower funds to ,pork alit cultural affairs programs and we've been working with Model cities ih the Community coil ge. so We Will be blad to work with anyone, Put again the giestion is how many tesouttes we have available,,,, Mayor Petrel E*cuse no, abe., I understand what you're saying but 1 want to point out that yes, we may be competing but anybody that tan help bring funds to the Mir. area for performing arts is a very friendly competitor, Mrs. cordon: Rspeoial y hbw. Right, Mr, Mayor, especially today, Mayor Ferre: You'd better believe it. Mr. Glaubman: I'd like to add at this point that the funds that we have avail- able which is in excess of a quarter of a million dollars is approximately 3/4 of the Moneys that the Fine Arts Council of the State of Florida has given to the entire State of Florida. The funding we have available... Mayor Ferre Where do you get these moneys? UNIDENTIFIED SPEAKER Music Performance Trust Funds. Mayor Ferre: Are these funds available just to your group or is it to the whole... UNIDENTIFIED SPEAKER: No. Rod and I are two of three people on a panel to administrate the Music Performance Trust Fund which is this silver brochure. They give out to the United States, Puerto Rico and Canada $9,000,000 a year to promote music for the public knowledge and appreciation. Mrs. Gordon: Isn't that marvelous, in the morning we get the building and in the evening we get the money. Mr. Glaubman: Let me make a point. You' got the money in March. We were before this committee in March and asked the same thing and made the same pro- posal. So rather than have this be passed on again and again and again we really need some response this time. Mayor Ferre: Is Joe Kaplan your other... Mr. Glaubman: He's our vice president and he has helped us set up the company. May I also add that we've secured since our articles of incorporation. It's a not for profit company. Since I think August of last year have accrued $160,000 worth of moneys for free open to the public performances. H.E.W. is presently involved with us in our school program that will cover three counties. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 75-620 A MOTION OF INTENT TO PROVIDE OFFICE SPACE FOR THE PERFORMING ARTS FOR COMMUNITY AND EDUCATION, INC. AS CLOSE AS POSSIBLE TO THE DOWNTOWN GUSMAN HALL. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. ABSENT: Commissioner Reboso Mayor Maurice A. Ferre NOES: None. Mayor Ferre: I want to share one more thing with you. Paul, I want you to listen to this. One day I was coming back to my hotel, the Copley Plaza in Boston and as I got off the taxi there was some music and Copley Plaza has been all refurbished, it is a great big open Plaza, and there were about B00 people there, some of them kids, a lot of them senior citizens, black, white, Chinese, Puerto Ricans, Mexicans - unbelievable - and they were dancing. I said, "What is going on" so I went down and here was this guy; and his whole task was he worked for the City of Boston and he was part of their cultural program, Now every Saturday night at the Copley Plaza in the summer, he has a portable set he brings up his microphones and all the stuff and he has tapes and he has golk dancing. And all these people were dancing Argentine tangoes, 9 1l JUL 17197! South Aiticat 1 dbfi t khOw what, Hawaiian i itlas, piil • 'Yl polkas-; .Malian see thing of atiothet it Was iuihelievab1'e. Azad these kids were just havingt the tithe Ot their Wei di tilt gee aflybody that Was drIthk et- art c r ed s They were all daf ci g atd it wag t hbe ievabl.e. 1 had seeh things like it ih Europe but l had i ever seen theft in the thited states a 1 got this guy aid f said Who ate you aid what is thin. He said, °This is part of a prbgrait that is being epOngored...1' and 1 oildn't be surprised if you has totethihg to do With it* And they get federal fonds and state funds and it is a recreational cultural type of a thing afid free, of course, I've never seen a group of people With thore excitement: and having 5ust plan tuft. And they were doing tgraeli yeti know those things Where... Mrs. Gordon: th the streets, Mr. Mayon? Mayor ?erre: No, ih Copley plaza. Copley Plaza is right in the middle of town. They just cleared off a whole block and they put fountains in one end and just an open area... Mr. Glaubman: Last Saturday night for the for the Tourist Develop- ment Authority we supplied the music. There were 7000 people at this occasion in front of the convention hall during that festival of the Americas and _ Seven thousand people. And I might remind you the Farm Worker's Festival, We put on the music at the Farm Worker's Festival. There were 13,000 people and this is the kind of thing that we wanted the City Commission to hear. Mrs. Gordon: It doesn't cost anything, you've got the money. Mr. Glaubman: We've got the money and we've got the musicians too. In fact, Saturday if you'd like to come to. Poinciana Park... Mrs. Gordon: And you've waisted 21/2 months of it? Mayor Ferrer ... And we don't even answer this man's phone calls? You've got to be kidding. Mr. Glaubman: We've had several meetings with Dr. Lizaso and I think with the funding that we have I think it exceeds the budget wnich the city appropriated by maybe 50 or $60,000 just for cultural activities. Mayor Ferre: Listen, we'll call you tomorrow about 8 O'Clock in the morning. Mr. Glaubman: You'll call me at my home, by the way. Mayor Ferre: Rod, thank you so much and if you have any problems please don't hestitate to come to see me or anyone on the commission right away. We're with you all the way. R-C DISTRICTS PERTAINING TO LOT AREA AND ORDINANCE AMENDMENT WIDTH REQUIREMENTS Mr. Jack Rice: My off jection, 1 ano1ogi 7e for not heinc here at first recaing but I didn't find out about it until you'd already acted However, I thought I'd come back today. I represent Dr. Robertson and Joe Kolish. The problem with this 1-15 units having 1500 square feet is that with the price of land down here in the Grove for this type of development running $17 a square foot the land cost alone was $25,000 per unit. Now it is a totally impractical method of developing for my people. People just can't afford that. That's for rich people. You just can't handle that kind of development at that kind of price. We have no objection to where you have a small lot, trying to put a lot of units on the small lot we certainly say that's wrong. But where you have a size lot that's subject to that type of development you should not re- strict the 1500 square feet for each unit, Otherwise, it's going to be totally unfeasible to develop the land or to develop the building. You just can't do it. Just to put a 22, the 22,500 square feet at $17 a square foot makes the value of the land $417,000 for the first 15 units. That's just impossible to do it in our type of area down here. I would ask that you either defer it or delete that 1-15 units at 1540 square feet for each unit. Mr, Plummer; What is it now, George? Mr. Rice; Six hundred. Mr. Plummer: One for six all the way through? for 1 Mt4 Acton: Thatig txght, Mrs, bbrdont Ahd utiatItroar Chahgef 1 to 15 for 1.5 Mt, Actor,: That's tight, Mrs, Oordont Ahd then six, iS that how it qt5tb Mt, Act0h: Pot 15 over it reverts back to the one for 600. The attempt here, as you recall, was not to be tbnOttned with the larger' tracts of land tueb ea br, Robertson and Mr, Math own but the smaller parcels arid also to try to encourage the assembly of land. Actually the Mote land you do Out the closer to the original standards the developer tan attain, 1 said this was an attempt to try to discourage the 4 and 6 unit apartments on 50 foot wide Iota... Mr, Rice! You could do that by taking this paragraph 3 and just striking, and leave it as it by merely striking it "'Providing that at least 1500 square of lot area exists for each dwelling unitand it takes care of the small lot and then... Mr. Acton: You can't piecemeal the ordinance and not prepare now to - 1 don't have the charts with me now that shout the difference ih density or how it per- tains to the small lot area, But we do know that the basis of our study that to encourage the developer to assemble at least say two 50 foot wide lots that's how we arrived at the standard of 1 through 15 at 1500. FroM that point on the various districts, the R-3, the 11-4 and the R-C revert back to the original standards that were established for dwelling unit size. Mrs. Gordon: Well, since you think that, you know, if it needs modification we'd better defer it because we can't start cutting it up. Thereupon a motion to defer item 32 was introduced by Mrs. Gordon, seconded by Rev. Gibson and passed unanimously. Mr. Reboso was absent. EEDERAXED DEPARTMENT STORES 29, ACCEPT COVENANT TO RUN WITH LAND 140, 66 IlEST bLAGLER STREET The fo11o.lin7 renolution 10A. introauceA by rommiqsionPT. Plummor, moved its adoption: RESOLUTION NO. 75-621 who A RESOLUTION ACCEPTING THE MAY 19, 1975 COVENANT TO RUN WITH THE LAND EXECUTED BY FEDERATED DEPARTMENT STORES, INC. RELAT- ING TO THE INSTALLATION OF A GREASE TRAP FACILITY UNDER THE SIDEWALK ABUTTING PREMISES AT NO, 8 WEST FLAGLER STREET, LEG- ALLY DESCRIBED AS LOT 2, BLOCK 123N OF A. L. KNOWLTON (B-41); AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID INSTRUMENT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso. Mr. Humberto G. Pierdra: My name is Humberto G. Pierdra and my address is 309 East San Marino Drive, I have a word for the commissioners, just a very short word, I am from Spain. I've only been in this country for about 8 months now and we have been in the food business in Spain and Portugal for a few years trying to do something like this which is a logical thing but because the build- ing is built on the property line it was not possible to put the grease trap within the building or anywhere outside of the building and we had to recur to the Public Works Department and to the good will of this Commission. Although things have been difficult in the normal bureaucratic manner I imagine that doing the same thing in the market where I have been used to working in Spain in Madrid or Barcelona or Lisbon, Portugal would have been near impossible. I've been sit- ting here today on two items and for the first time I've seen what democracy is all about and I Wo4ld like to donate to the City of Miami the first day of sales 9 of butt testauraht a %ett Plagler to be used as t'h tOMMit iota best sees it. Mayor Ferret Well, that's very tribe bf you. Thank you. Mrs. Gofdbht t thihk this it tatttastic and 1 think t'd like to offer a bug* gestioti that this eor tasibh cohsider red6hatihl it to some hungry elderly and youth Mayor Ferret toadies and ge itletnet , wheh you have the amb tht whatever that is you home before us and we will be very happy to accept it and Me will discuss it at that time. Mr. Pierdra: That will be fine. Since t have to work further through Mr. 'erenoik obi this matter t. will get in touch with hitt and then we can discuss it. Mrs. Gordon: t Where will it be? Mr. Pierdra: This particular location will be 8 West Plagler at the turdines' western building in their downtown location. Mrs. Gordon: What is the name of it going to be? Mr. Pierdra: Well, we're building a chain up of Cuban coffee shops in town and we have opened our first location at 1961 S.W. 8th Street, a little advertising here, which we opened up about a month ago. This will be our second location. Mrs. Gordon: What is the name of it there? Mr. Pierdra: Cafe Bella Mar. Mayor Ferre: What we're trying to get to is invite us. Would you? We'd be happy to accept an invitation for a little free coffee. 30. APPROPRIATIONS ORDINANCE OFF-STREET PARKING DEPARTMENT FROM OCTOBER 1, 1975 TO SEPTEMBER 30, 1976 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 SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PRO- VISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Passed on its first reading by title at the meeting of June 5, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8416. 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. gi JUL 171975 4.r' MONTH REVIEW AND 31, CITY OF MIAMT SELF-INSURANCE PROGRAM IRE CLAIMS SUPERVISOR Mr. Earl S. Perkins: My name is Earl S. Perkins; resident address is 10250 Caribbean Boulevard, Miami, Florida. I am a retired city legal investigator. I understand I am here at the summons of the commission. I dealt through the City Attorney. The subject for which I am brought here is briefly to discuss the question of safety and claims in the event the city should go self -insured. Basically every major corporation in the United States has recognized the need for a safety program which includes a vehicular loss control program. The City of Miami had such a program in the year of 1961. It was, to the best of my recollection, effective. However, for reasons unknown to me in 1963 or 64 the teeth were pulled from that program. They eliminated the driver disciplinary control portion of it. Now for the last 10 yee--s the 1961 program has withered on the vine and has been generally ineffective to the point where the city as such had no overall effective safety program. Now a new program is now in existence. A task force appointed by the City Manage:- has labored for months to prepare a new program. As a member of that task force I believe the new program will be extremely effective. It includes a driver disciplinary and training program. The task force has completed the work on the program and has forwarded it to the City Manager for approval. It is now in his hands. I want to urge this commission right now flat and on top of the table no matter what you do on Self -Insurance, and it is immaterial to me either way that you go, but out of loyalty to the city for which I worked for many years I urge you to adopt, maintain and enforce an effective safety program which will include a vehicular loss control program. I think you've got to do this or the city is going to go bankrupt eventually. I think that is your two choices - either control accidents or go bankrupt. Now the first thing that a program of this type will do is to reduce the number of accidents in any case, whether you're self insured or whether you have a carrier. Driver control, wherein the driver is disciplined if he is entirely careless and a repeater on accidents or where he is rewarded if he does not hav accidents will reduce the number of accidents. It will force the driver to observe defensive driving process which many city drivers right now I'm convinced have never heard of. If the city is self insured a program of this type will immediately reduce the expenditures you have to make in paying claims as a result of vehicular accidents. In the event the city decides to stay with an insurance carrier in a year or two an effective driver control program will show up in a reduction of premium because it has to reduce the number of accidents provided that it is enforced. There can be no if, ands, buts about it. If you're going to have a safety program and a vehicular loss control program you've got to enforce it and you've got to enforce it up to the hilt. It must not be permitted to wither on the vine as the earlier program did so thoroughly. I most respectfully suggest that the commission could require a monthly report on the status of vehicular acci- dents to include the number of acciddents, the total amount paid out and what was done with the drivers. Now if this is done and if the program is enforced in partially and by that I mean that the program must have the same effect on every city driver regardless of his rank or regardless of his position in the structure of the city. If a garbage truck driver has an accident hc's got to be handled under this program. If the City Manager has an accident in the city car he's got to be handled under this program if it is going to work. And further, the handling must be done swiftly. In the control program we sub- mitted to the Manager from the task force we have laid d an suggested deadlines wherein in a matter of days this action will be accomplished with no delay. Further, if a department head will not implement the recommendations by the safety director which is given under the safety program the Manager then is the one who must intervene and must enforce the program. Now an effective safety program is one way to reduce losses. The second way to reduce losses is to have an effective claims service. If you go self -insured you're going to have claims to face up to. The city is excluded from the provisions of the no-fault insurance law - you have no protection under it. This means that you can get a claim from any accident involving a city vehicle. Therefore, all accidents to city vehicles must be investigated immediately to determine liability. All claims when there are claims established whether they're just- ified or not must be fully investigated. When a settlement is indicat.d any delay in that settlement will only increase the amount you have to pay. I'm sure you're familiar with the old song about when you deal with the individual following an accident you deal with him and his doctor; you wait a while you deal with him and his lawyer and that gets more expensive. When litigation is required, when you have to go to court I suggest that it has to be done in hammer and tongs fashion. Fight it to the last stitch so that you will take advantage of the reluctance of any attorney to file a weak case against an opponent who is known to be a hard fighter. Now finally, I was asked to stress this. IF the city goes self -insured, if you do, if the figures I've seen from ��. JUL 171975 ler the Finance Department are correct, and I feel certain that they are, the city should be able to save considerable money as a self-insuror providing two things are done. The first is to implement, maintain and enforce an effective safety program which will include the vehicular accident loss program I had mentioned. Second, give the Law Department the personnel, the equipment and the funds they need to handle all claims thoroughly and efficiently. I believe if this is done -those two thing- the city could be a successful self-insuror. If neither of those is done or either one of them is lacking I think you'll go broke. Mayor Ferre: Thank you very much, Colonel Perkins for your very clear and pointed statement. Now I would like to at this point; I subscribe to what he said from personal experience and I've been through this. You know this is all a game, you realize this. And the game _.s simply of staying far ahead enough of the train because what happens is that when you are paying an insur- ance carrier for your insurance they can't do it for nothing. They're going to do it for what it costs them. What they do is they catch up with you. But you get to a point where you're so far ahead of them that he really wants to catch up and that is very dangerous because he can roll right over you so you get out of the track and when you get out of the track that means you go self- insurance. But that doesn't mean anything because sooner or later you're going to pay one way or the other. This is just a temporary relief. What happens is we got so far ahead of the carrier that we got off the track. But if we keep on having accidents the carrier, self-insurance, anything we're going to get it. INAUDIBLE Mr. Lloyd: At the moment, yes. Mayor Ferre: Allright. So I would recommend that we adopt these recommendations which is (1) That we implement a training, driver training and reporting schedule and (2) That on the claims, and if we have sufficient staff within our Legal Depart- ment to be able to do the job. Mr. Plummer: ...one thing. What is the administration or the Finance Depart- ment going to put up in the way of a fund? How much money? Mr. Andrews: There will be approximately $1,050,000 in the fund in round figures. Mr. Plummer: Call it a million dollars for round figures. Now, where are those funds coming from? Mr. Andrews: These are funds that we would have to budget for the purpose of carrying out or fleet insurance which this coming year if we renew our insurance policy on the extensions that we have will be $800,000 alone just for the fleet insurance...except we're taking those moneys and putting them into one trust fund and we'll administer this entire program from that trust fund. Mr. Plummer: Are we going to take an umbrella policy? Mr. Andrews: Yes, we are. Mr. Plummer: Above what amount? Mr. Andrews: I'll have Mr. Stewart come forward and tell you about the umbrella policy. Mr. Plummer: This is only for automobiles now. Mr. Perkins, I only wanted to R54- one question of you before you run out, sir. Are you inferring that the pro- gram that they have now in the Police Department, the Accident Review Board is not working, it is working, it is inadequate? Would you speak to that? Mr. Andrews: May I, and I realize he's not with the city so he can say v,hat he chooses, but let me.... Mr. Plummer: That's why I asked him. Mr. Andrews: I want to say it for him because a lot of this didn't just occur without certainly the assistance and cooperation of the City Manager in urging these people to get this done. About six months ago, if I have my time correct, we employed Mr. Wally Clark who incidently, Mr. Mayor, is a Latin and a very good expert in training. But he is. JUL 1; 1975 Amp' mmor Mayor Ferre: And all that points out something that is very interesting because there are a tremendous amount of "Latins" who have names like Wally Clark or John Lasaville or Wally Lee who for example is red haired and bushy tailed or something like that. Mr. Andrews: I consider Mr. Clark a top flight individual in the training and Safety, particularly the safety area. He has education and experience in that area. But he and the committee labored for many moi.ths and have come up with an excellent program and that program which I subscribe to, I only made one change in the program and that was that I insisted even on even more severe penalties than the committee recommended as far as people who con- tinue to violate safety rules and have accidents. That program is going to affect, it abolishes the board that you're speaking about and puts the respon- sibility under the manager in the safety director in which the departments are going to have to adhere to or I become involved if they don't. Mr. Stewart: I didn't hear your question. Mr. Plummer: My question was: What is the contemplated umbrella? Mr. Donal Stewart: What is the contemplated umbrella? Presently if we do not purchase the insurance that we would normally buy from a carrier we will self - insure our risk out of the city's money up to $150,000. We will then put with a reinsuror, another carrier, $200,000 into deposit which will then cover our risk to $1,000,000. Then we have a policy from one million to five that we presently purchase. Now let me say this; if we do not buy, the quote came in yesterday from our carrier of our present fleet policy for $677,724. Last year we paid $422,000 for the same coverage. Mr. Plummer: Now you're getting beyond the point. The point is that you're going to carry an umbrella above 150,000. Mr. Stewart: Yes, sir, to five million. Mr. Plummer: Now what I'm trying to get at is this: Based on $150,000 that would give you roughly seven good accidents. Mr. Stewart: I think Mr. Weber did work up some statistics on this... Mr. Plummer: Well, I'm saying that you had seven maximum cases. Mr. Stewart: Yes, it could be one; it could be seven, it could be seven hundred. Mr. Plummer: Now I'm getting to my next question. What is the past three year history tell you? Mr. Stewart: The past three year history has been under 300,000 for each... Mr. Plummer: Pay outs. Mr. Stewart: 192 four years ago, two hundred and some the next year and then three hundred and some, around that range. We have never gone beyond 300,000 or about that range for about 4 years. Mr. Plummer: Mr. Lloyd, are you satisfied it is sufficient funds? Mr. Lloyd: Yes, sir. Mr. Plummer: Mr. Andrews? Mr. Andrews: Yes, I am. Real quickly I Mr. Lloyd has included certain personnel after we've had an experience for a year reconsider the people and the way he has appreciate that he's not, we're all being very to cover the city well and then after the program back and have a total review and make a determination... want the commission to be aware that and certain costs in this program and or two then Mr. Lloyd will go back and established this budget because I in and trying cautious is Mr. Plummer: But the claims will be under Mr. Lloyd. Mr. Andrews: Yes, it will. in this area place then we'll go Mr. Plummer: Ok. And I also want to attach to that motion that we have a six month statement from you indicating where we stand at 6 months. 9u JUL 17 1975 `r w/ Mr. Lloyd: Would you make that as an instruction to both of us in a separate motion, please. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE CREATING THE CITY OF MTAMI SELF- INSURANCE AND INSUTANCE TRUST FUND; PROV _,.1., OR THE APPROPRIATION AND ACCUMULATION OF FL ')S; APPROPRIATING SUCH FUNDS FOR THE PURPOSES DESIGNATED; PROVIDING FOR THE APPOINTMENT OF A BOARD OF TRUSTEES, SPECIFYING THE DUTIES, POWERS AND AUTHORITY OF THE TRUSTEES; STATING THE INTENTION FOR THE SELF-INSURANCE AND INSURANCE PROGRAM TO OPERATE AND FUNCTION IN A MANNER SIMILAR TO A COMMERCIAL INSURANCE COMPANY; PROVIDING FOR T`- APPOINTMENT OF THE CITY OF MIAMI SELF -NSURANCE AND INSURANCE COMMITTEE TO ADMINISTER THE 'r _,L,G AM; PROVID- ING FOR THE DUTIES, AUTHORITY AND RESPOI'SIBILITY OF THE COMMITTEE; PROVIDING FOR THE CITY ATTORNEY TO PROVIDE ALL LEGAL SERVICES REQUIRED TO ACCOT+PLISH THE PURPOSES OF THE PROGRAM; PROVIDING AUTHORITY FOR THE SETTLEMENT OF CLAIMS NOT EX'EEDING ONE THOUSAND DOLLARS BY THE CITY ATTORNEY OR HIS DESIGNEE AND FOR THE SETTLE- MENT OF CLAIMS IN EXCESS OF ONE THOUSAND DOLLARS UPON THE APPROVAL OF THE CITY COMMISSION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre NOES: None. ABSENT: Commissioner Reboso ABSTAINING: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso ABSTAINING: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8417. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Plummer: The second motion that I make, Mr. Mayor, is that we have a six- month review, the Manager and the Attorney furnish us will. a position paper at the end of six -months. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-622 A MOTION REQUESTING THE CITY MANAGER AND THE CITY ATTORNEY 20 REVI2'W THE CITY'S SELF-INSURANCE PROGRAM AT THE END OF SIN' MONTH3 AND TO FURNISH THE COMMISSION WITH A POSITION PAPL SAME. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso 9 i JUL 171975 PERSONAL APPEARANCE 32, GENE NAPLES The (glowing r-solutltsh waS ihtfoc iiced J Goi4 rti iohet Muffler wh Endued its adoption! RI =t t TftO NO, -6g1 A REAOLUTION RATIP' fRO ANb COMPfk )1NG THE f CTio i OP THE CITY MANAGtk IN EXECUTING THE CONTRACT TWITS MR, PAtUL WEREA TO PERP aRM PPOPEstIONAt SE tVICEE As A CLAIMS SUPEk., V/SOk POR A ttkfOb OP ORE MONTH BEGINNING 'CO THE BOTH bAY OP JUNE, 19/S ARO TERMtNAT1NC ON THE S1sT bAY 6P U Y, 1'0'S) Cf MPENEATION Pb1 SUCH StkVICES IN THE AMOUNT OP $ I., 450.06 TO Et bistUktt b PROM LAW f EPA tTMENT SALARY PtONb. t• ter'e follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Cordon, the resolution was passed and adbpted by the following Vote - AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Commissioner Manolo Reboso MOTION OF INTENT: REPEAL 30 DAYS REQUIREMENT ELIGIBILITY_ OF _SURVIVING SPOUSE>.ETC, _.. DIRECT CITY ATTY.TO EXPLORE POSSIBILITY OF GRANTING BENEFITS TO SPOUSES ETC, Mr. Gene Naples: Mr. Mayor and members of the commission, I'm Gene Naples from the Fire Fighters. I'm before you to bring to your attention a situation that I found quite appalling. I'm sure that some of you probably read it in the papers. I know that those of you who satinon a Retirement Board Meeting of the Plan at their last meeting, it was brought to their attention at that time. It is merely the case, that I'm sure most of you have read, of a city employee who spent some 34 years working with the city and who died before signing an option on how he was to retire in which case under the ordinance he is entitled or his widow is entitled to six -months pay and his return of contributions. I want to bring to the attention of the commission the fact that an ordinance was prepared on the 16th of•December, 1974 that was pulled at the last minute. It was to come before this commission. As a matter of fact, I remember very clearly that Mrs. Gordon asked at that particular time you had on the agenda A, B, C, D and E ordinances that were supposed to be heard and Mrs. Gordon at that time asked what happened to E. "E" had been pulled. It was my understanding at that particular time that the ordinance was pulled because there was something in it that was of a technical nature that had to be taken care of and that it would have been submitted at a later date or two weeks hence. We had a fire fighter a year ago last June that died under a similar set of circumstances. His wife did not want to tell him... I'll give you a little bit of background. He was operated on for cancer of the stomach. They thought it was alright, his doctor had assured him that he was going to be alright that he thought he got all the cancer. He came back to work some time later, a very short time later. He had some other problems, they took him in, operated and decided at that time that he had terminal cancer and had a very short time to live. They did not tell him this, they'did tell his wife. His wife did not choose to tell him that he had terminal cancer since he had some hope even though she had been advised that under the pension ordinance that she may very well find herself in the position of where she merely gets six -months pay, and let me say at this point that he was elgible for retirement at that time as was the individual who just had this occasion a few weeks ago in which there were 34 years spent with the city. The man died and it wouldn't have made any difference at that point because it was within the 30 day period and his wife was merely told that everybody was very sorry and she got six -months pay and his return of contributions. Here over a year later we find ourselves with exactly the same position and in the interim there was some action that was taken quite quickly we thought at that particular time that this was brought up to the retire ment Board. The Retirement Board had studied it and they came up, and I have the minutes of the Retirement Board of September 6th in which it was first addressed to where MR. Silver had been at that time told to present to the board two proposed ordinances and this was one of them, Again on the meeting of October 4th Mr. Silver presented two proposed ordinances and then on November 15th of last year the ordinance was brought before the Pension Board at that time or Retirement Board and it was voted upon unanimously. The ordinance was drawn and was brought before this commission and pulled at the last minute. We find ourselves after 13 or 14 months with exactly the same sit- uation we had before and 1 think that... JUL 171975 Mayot Fettet Thahk .ou tiehd, Mk, Ahdrewt, happeW� he philosophically if favot of what Oehe Naples it saying and t kilo* that the cittutibtahott at reported by the hewspaper Story oh that particular case is not exactlyi khow part of the hittory that they pleaded with that lady to have het huSband who had cahcer Sigh and she refused to do it lave heard all the.• . tut the fact. nevertheless rethaihs that thete is really a hUtah factor ih Ali thiS and 1 tubstribe to What Obi* Naples hat ekplaihed. Now how do we solve it'? Mr. Andrews: 1 thitk, and tit goirig to have tO have Mt. Lloyd's assistande ih what t'm goitg to recommehd tO the tottitsiOh, here it What t't 46114 tei suggest that we tohsidert That (1) if we ehtettain ah ordinance adjustment which would provide a benefit arid it is limited at this point it time uhtil tore is khowh later if you want to eXpand this ordinance that Pm goitg to suggest at a later date that's fihe but if the CoMMissioh Would permit at this time that ahy employee who reaches 25 years of service with the City of Miami would be automatically covered from that point on ih the event of a premature death or he coUld file ah application for retirement that he then be included, NoW if you do that that won't cover Mr, Stein's death or Mrs. Stein his beneficiary or it we:hit covet the fire eMployee. But there is another way to handle that. Approximately 10 years ago the commission Went through several cases of fact finding where Sanitation employees were ihadvert- ently excluded from the Pehsion System. The commission at that time adopted a resolution of finding that those employees should have been entitled to some form of pension benefit. One of those people was black and he was blind and I remember him sitting in the seat here waiting for the commission's decision. They passed a resolution which gave him an emolument bu they did not charge it to the Pension Fund. It is now located in the Gene l Pund and if you were to pick kup a budget for the last 10 years including the year that we're in you would find an item in there which says, "Special Pension Benefits - $3250 budgeted for four people". Maybe there are only three left, maybe one has passed away but the money is still there paying these people. What I would recommend if the com- mission is planning to adopt an ordinance and an ordinance like I suggested because it would have minimum impact then since this process started some four- teen months ago or so and because of ineptness of City government to get this under way that these two individuals that have this hardship, that they be included along with the four Sanitation people that are there and give them the entitlement as if they had made application and their Pension Fund was calculated out and then 40% to the survivor as a result of that. Hopefully. Mr. Lloyd: Before the individual commissioners get personally responsible for these moneys you'd better let the Law Department seriously review this and see if it is legal. Mayor Ferre: Would you review this and come back for the 31st? Mr. Naples: You know, I hate to be pessimistic but that has been a problem and at this particular point I'd like to challenge the authority of the Manager to pull the ordinance you have before you at that particular time when it was voted on unanimously by the Pension Board. Why can't we get this ordinance passed that went through the procedure that you saw fit at the last minute, Mr. Andrews, to pull from the agenda? Mr. Andrews: I'll tell you why it was pulled very easily. That whole package of ordinances, as Commissioner Plummer will remember quite well were ordinances that went to the bargaining table. Mr. Naples: No, sir, you're wrong. Mr. Andrews: NO, I'm not. And this particular ordinance did not. Mr. Naples: That's right, it did not and it wasn't intended to and it was never spoken to. And if you recall the two instances when I talked to you you never made any mention of that. Mr, Andrews; The minutes which reflect later actions at the board, and I have both of them here, reflect clearly that in one case when this was brought up before the Pension Board that I was the only descending vote I believe in which I voted no against that ordinance, Mr. Naples: What was the date of those minutes, please? Mr. Andrews: Those minutes are March 21, 1975 when Mr. Jeremko offered a motion to request the City Manager to seek adoption by the City Commission of two recoM- mendatiOns previously adopted by the Retirement Hoard, One was to provide for cofipu .spry transfer of iett ers 6f the flan and Systein when chahq hg from eMplop, file it t i Of from t the tolice and pireis personnel, (2) To provide a benefittot the spouse of a'deceased active employee who attained a hecessary age of service reti.retnett of early service retie met t. This was seconded bis bon Ptihce and passed with the ekceptibh of the City Manager who voted 116. Mr, Ahdrews ihdicated his hegative vote was due solely to a lack of ihfoatioh as to the gist of implies cations of item #2, Purtier Oh ih April of 1975 whet: this came up t onee again voted ho that peheibn benefits which had been discussed previously was brought tO the etty Manager's attention to wit option 6(c), benefits to the Wid6w of a City employee who after suffering service, sufficieht serttice to retire dies, an active employee. Mr. Andrews replied that were he forced to bring this matter to the City CObbiaBioh he would recommend agaihst adoption si.tice the estimated cost ss $175,00 per year. And we were under stress at that tite which is funding what we had to fund. Mr. Naples: Mr. Andrews, what t'tn talking about happened in 1974. You're talk- ing about April of 1975 But you did vote on it in October 4th of 1974. Mr. Andrews: That's right, and then found out what the actuarial costs was after that. Mr. Naples: When did you find out, the date it was pulled, the Cotntnission Meet ing? Mr. Andrews: Look, I'rn not going to be put under the grill as to my actions. My conscience is completely clear as far as the city is concerned in attempting to protect the city's interest particularly when negotiations have been underway as far as the Pension benefits are concerned. Mr. Naples: This was before the Pension was discussed in negotiations, Mr. Andrews. It had nothing to do with it at all. Rev. Gibson: I'm not really clear. Are you saying to me that if you work for the city and you retire say today and you should die within 30 days from today what happens? Mr. Andrews: If it was on the 30th day I think you might have the emolument at hand. But let's make it simpler. suppose you died 28 days after today. Accord- ing to our ordinance you would not be entitled to a pension. Rev. Gibson: I know I'm dealing with the law and I subscribe, I want everybody to understand I love the law because the law that works for you will work against you. But my brotheren, it seems to me, I'm in a system where that a man is entitled to all the benefits within 6 months after he dies. Now I would hope that whether he has elected or some...shouldn't be the question. The fact that he works for you for a period of time or any period of time he ought to be entitled to that, to a benefit whether it is this benefit or that benefit. I would hope that we, the legislative body of this city would be more concerned about protecting people who serve. And technicalities disturb me because sometimes I'm not so sure people are aware and sensitive of technicalities and I would hope that what this commission would od whether it is in this instance; but I would hope that the policy would be that whether the man makes the choice of which system should not automatically exclude him from that protection and the benefits. Now tau know, God said, I hoped that we wouldn't be so callous. And maybe this doesn't speak to your prob rem but I think that what we ought to do, not only what I want this man, the man working; I don't care what you say, whether he made a choice or didn't make it that man worked and he was married to that woman, that woman is entitled to have some protection as long as she doesn't get her another husband. That's how I look at it and 1 think right is right. I think we ought to put this thing on the table. Mrs. Gordon: How can we handle it because we were going around in a merry-go-round at that meeting fighting with Ron, Ron ready to quit on us and a whole bunch of stuff. But seriously, we want to solve this problem and we can't see any solution in that 30 day waiting period because goodness, if you knew you were going to die in the next 30 days sure you'd do it right away. But suppose you didn't, You know it doesn't make sense. Mr, Plummer; Gene, what Paul has suggested in reference to the ordinance, won't that cover? Mr, Andrews: Not all employees, W. Plummer; Why won't it cover all of the employees �;1 JUL 171975 Mt4 Andtewa t 1t wt`ia d Coder future employees to this ordinance, What tItti tug& gehtine is that we're Under stress as far as dollars are cohOerned, As fat as tft concerned me personally as an individual iVa like to see this ordinance adopted but it costs $1 5,000,,, Mt, Naples: Where did you get that figure, ice. Andrews? Mr. Andrews: pro, the actuary, Mr. Naples: When Mr, Andrews: On March 24th, 1975, Ahd it is an update as the results of October 4, 1074 which indibated one hundred and sole thousand dollars at that time to I'm estimating 1/5 to $200,000, Mr. Naples: to you have a report on what basis did they judge $175,0007 AS 1 recall when this was brought up before at the pension Board Meeting it was supposed to be a negligable thing. As a flatter of fact on the minutes of Sept- ember 6, 1974 muse, O'Connor and Ling at that tithe suggested it be an automatic benefit of 40%. Mr. Andrews: But you know what happened in between, and he'll show you the benefits, this thing Somehow grew to the point that if you looked at this; it even has a prov- ision in here "Elgibility only after 5 years of service and only if elgible for regular or service retirement." It includes even people in early service retire- ment, In other words after he had gotten vested rights and if you were to pass away for a person who was with the city for 15 years or so died prematurely he'd be covered. Mayor Ferre: Paul, I'm going to cut off the discussion in a second because this was going to be a quick thing and we've been on it for 20 minutes now. Now let's come to a conclusion. Mrs. Gordon: Well, how can we handle it? Mr. Andrews: Let me explain my recommendation once again to see if Mr. Naples, if this isn't satisfactory with him. That is to cover the two people in question and cover people like them in the future to begin with at least give some emolument. I'm saying set the criteria where anytime an employee reaches 25 years of service with the city and no matter how old he is after that if he passes away while he is employed then he would receive this.... Mr. Naples: No, sir, I can't accept that because listen, I've got 23 years of service and it could happen to me and it could happen to you. And I'd hate like heck to think that if I drop dead at this very moment that my wife is going to get six months pay, "I'm very sorry, Mrs. Naples", and my return of contributions. This man spent 34 years with the city. Now after 20 years I have earned a retire- ment that I could take a penalty on and you're saying 25 years. I'm elgible for a pension right now if I choose to take an age penalty because I'm not of the min- imum age. INAUDIBLE Mr. Andrews: Give the commission some guidance by telling them at least your feelings as to what the cost would be, some idea. Mr. W. Bailey: I don't have... I would say that 20 years is the age of early retirement not when you have vested rights. Twenty years you may retire with twenty years but it is a reduced benefit. Mr. Plummer: But Wendall, what we're saying is this automatic coverage that if a person is with the city for 20 years and they die that they in fact could draw- the spouse could draw an emolument. Mr. Bailey: Well, it was intended in the last part of that ordinance there for early retirement it would be 40% of the benefit at that time just like the 40% in option 6 (c) which may be elected at the present time in normal retirement. Mrs. Gordon; Yes, but we're not talking about, for instance early retirement. If a man took an early retirement and if he lived beyond the 30 days and then died his widow would get his benefits. Right? Now under option #2 ... No, that's on 6 (c). I'm talking about #2. Ok. The reason I mention the differ- ences is because under that early retirement although, the man if he lives would, get less his widow when he died would get more. Yes she would because 40% of the t otal g a a , you're Of Mastet I1 Ttata v t Wott't argue lth you but taht's What t understood. Mt, bailey: foot MalaMi it is 00% of a reduced benefit not 40% of a full tit eta, Mts. Gordon: Well 404, yes, Utder 6 (C). 1tight? Mt, Bailey: t think perhaps we May be tatkih§ about two diffeteht things. t'ttt talking about the proposed VA benefit it case Of deaths Mrs. Gordott r h, 1 'see. You're talking about an entity that isn't alive yet. Mr, bailey: And the flat would be entitled to early retirement. Carly retiteflett means any time after 20 years before you reach normal service retirement ages Mrs. Gordon: you're taking that as a font of a recommendation for some.., or is that an existing option Mr. Bailey: No, ma'am, that was what was proposed as part of this ordinance. Mrs. Gordon: Yes, but that's part of a proposed option, correct? Mr. Bailey: That's correct. Mrs. Gordon: It's not an existing one. Mr. Bailey: That's right. (Gap) Mr. Ralph Parks: ...estimate by Kruse, O'Connor & Ling is not based on 25 years it based on early retirement-20 years. (2) Is the fact that early retirement by the very virtue of the name means that you have not yet reached your retirement age minimum. Therefore, your death percentage would be very very low. If you took it out it wouldn't change this by that much as far as the reduction is con- cerned. I don't think that we should enter into another set of years. We have now 20 years, we have 55 year retirement and now we want to go to 25 - I can't see that. I would really like as far as the Plan is concerned to see the ordin- ance as it stands... Mayor Ferre: i'11 tell you how I feel, Mr. Andrews. I think we've got to do something and I'm perfectly willing to vote for this ordinance as it has been presented. This would be a first reading. That would give you time. Mr. Andrews: Would that mean that there would be an additional employee contri- bution? Mayor Ferre: You'd have to come back with a recommendation. Obviously it would not be until September until we'd take it up again but at least we would be under a direction to move and if you wanted to come back with a substitute or an alternate recommendation that's fine. Mr. Naples: Mr. Mayor, are you speaking of the ordinance that he's suggesting now or the one that I passed out? Mayor Ferre: The one that you passed out and we'll leave it for final vote in September. Mr. Plummer: The way this one is drawn it doesn't say where the funding will come from. Mayor Ferre: Well, I think that is something we're going to have to work out Rev, Gibson: Mr. Mayor, I want relief but am I hearing that if you work for the city that when you retire, and don't you get a retirement.,. How long do you get that pay check? I don't understand, I'm a little confused. If you work for the city and retire whether you die within 30 days or whether you die within 10 days you're saying to me that the number of days you die after you have retired tells whether the period of time, longeavity of time that you receive a pension? JUL 1719753 between now and September. 106, Mt. Andrews: Fer 25 years Or villateVer tithe this otd� Knee has begin ±.t plate i 'i out pefisa.on System and .reads that without gettifi to the exact wo tds that if you make ah application tb tetite and toaay is the first day of retirement and you're already en tetimetent.. ". Youlre already on tetitetent and if you die 1 efote the f .rfst SO days Of your retirement you do net get a retiteftleht. Vou Bust live beyond the 10 days: Mt. Napes: Your spouse does clot get the., Mrs. Gordon: That's the crux of the problem, Mt. PIUMtitier: cafe I tell you something? What's stupid! Kiev. c ibson t Gentlemen, are you telling fie , . . Mrs. cordon: That's what they're telling you. Rev. GibSont Ok, let me raise another question. Maybe I have opened up Pandora'§ Box but listen to this, What difference does it make if you're retiring you're retiring. Mr. Andrews, please don't Misinterpret what I'm saying. If we did it this way for 30 years and it doesn't serVe these people who work for us, I mean if it isn't the best interest and fair pli:y why are we going to continue to do it" Mr. Lloyd: Now there is one thing I want to caution the commissioners on so that you fully understand this. Remember this, that the election has to be made even if the party lives for six years after retiring if he didn't make the elect- ion to take this benefit for the 40% for his spouse -elected something else -he wouldn't get it. Now another thing that I think probably Mr. Silver had better elaborate on; as I understand it and correct me if I'm wrong, Mr. Silver because I haven't reviewed this ordinance in some time; but this ordinance which Mr. Naples has brought before you does not correct the situation if the man dies before making an election before retiring. Am I correct in that? Mr. Ron Silver: No. In other words Yes, it does. But what I want to bring forth to this commission which I think is an important point and Gene, I don't know if you agree with this or not but one of the most important provisions of this is that 30 day requirement alsoin addition to the extra benefits the spouse would get. And I've checked this out and I've called the actuaries since the events of last Friday solely with the regard to the 30 day provision. We're not talking about any extra benefits or anything else like that. But he told me that the 30 day benefit, and he was supposed to get a letter to me and I haven't received it yet, has no affect actuarily on the plan whether you do away with that 30 day provision or not - just solely that, I'r« not talking about the 40% that Gene is talking about. I've tried to seek during this time undergoing investigat- ion into these events now why that 30 day provision is there any I've been given various reasons administratively: Department heads wanted to change peoples' minds during the time they retired...that was one... Mrs. Gordon: What are you recommending now? ARe you making a recommendation? Mr. Silver: Well, I'm recommending; I think that you have to address yourself to that 30 day provision. You must address yourself to that because tomorrow... Rev. Gibson: How do we get rid of it? I just don't think that's fair to the employee - I just don't think it is fair. Mr. Silver: At least if a person makes an election of an option, at least if he makes that election of the option on that day then he won't have to survive that 30 days if we enact that appropriate ordinance. At least that particular provision will be covered... Mr. Naples: This doesn't speak to the 30 days here... Mr. Silver: It says, "He will be presumed to have died on the day of retire- ment.,." Mayor Ferre; Gene, we've got another two hours work and I'm bushed! Gene, I told.you that I was going to put this on, this isn't even on the agenda, we've been on it a half an hour. We've got an awful lot of things to do and I'm per- fectly willing as I told you to vote on that motion and let the Manager worry about it and then come back with a solution in September but at least we have a direction that we're going to take. Mrs, Gordon; You mean move this one that we have before us? 1O JUL 171975 Mayor Pettet yese Mrs. 60tdoh: *lit it isn't flame up as ah tftittge cy oonseque ►tly..,., Mayor~ perte It's hot an atergthey. Wt would pass it on first reading and t ied the second reading would be ih September. Mts. rdon t th 'yes, it is emergency. We can go bh it as an emergency. tes. We can work oh that. Mayor Ferret wbuldn4t v to bn it as Ah emergency fieasure. I'd vete Ott it so that the Manager knows this is direction and that gives him until the neXt Meeting in September to Come back with a definitive program. Mr. Llbydt Well if you're going to do that 1 would suggest you pass it on July 31st because we've still got plenty of time between July 31st and Septem- ber to advertise and all. Unless you're going to take it as an emergency tear night there is no point to reading it tonight. Mayor Ferret Ok, 1 get your point. What is the will of this commission? ready to vote for it but not on an etergency basis. Mrs. Gordon: Can we take it up again July 31st as second reading? Mr. Lloyd: No, because we won't have time to advertise. It hasn't been adver- tised. Mrs. Gordon: Well, what is your objection of doing this as an emergency? Mr. Lloyd: I don't have any objections myself. Mrs. Gordon: Maurice, what's yours? Mayor Ferre: If you pass it on an emergency that's it. Mrs. Gordon: Ok. Well, it corrects a lot of problems that are existing and some people could logically be saved from the same situation that we had in that other one. Mr. Plummer: Well you know Rose, and I hate to say this... Mrs. Gordon: This is only 6 months or more in the making because we had it a long time ago, 12/16/74. Mr. Lloyd: Well, you don't know what it is going to cost so that's your problem. Mr. Plummer: That's the point I'm getting at. I maybe don't accept either figure. Just for argumentative sake let's say I don't accept Gene's figure and I don't accept the Manager's figure but I think before thsi commission makes a final decis- ion I think we should have a definite figure from any actuary, can be agreed or disagreed but let's get a definite figure because you know I've got to remind you of the cost of penion to this city. Mrs. Gordon: CAn I ask you , MR. Lloyd, about this very important fascet that we have to deal with on the Plan Board and it is coming up again at our next meeting. Where do we go and what do we say? What are we going to do? If we pass this is this going to be retroactive to that case? Mr. Lloyd: No. It cannot be. No, ma'am. Mrs. Gordon: Can the policy of this commission be that it become retroactive? Mr. Lloyd; No. You cannot do that. You can't make the ordinance retroactive and retroactively amend another ordinance. This will not help anything passed. Mr. Andrews; 33ut remember I started out with a premise with my solution but let's assume that this is the ordinance you're going to adopt. If you have the intention of adopting this ordinance and then you further adopt a motion to have the City Attorney explore that you can make provision for these two pee?le through the General Fund method of providing an emolument for the spouses then you've covered those two people and you've covered future employees. Mrs, Gordon; Then you say there is a way we can go to ,,. in this direction, Is that right, Mr, Lloyd? Mt L,l16ydt well, llrad jtist heard of it just hOW to have to study tht Matter, At this point l Ao hot IthOW on that paztieulat point. No* thsse is •ahether thing, the is tot htrt the funding of this is highly itpottant. i8u1re subject to your 6wn individual liability if you pass an ordinance Without the proper funds go that is why the Mayor watits to pass it oh fitst rsading. Mayor Petre: That's right Lloyd; to if you pass it oh first reading the next reading can't be until geptember, tou' d might as well wait until duly 31st from a practical standpoint, Mayor perre: All right, but I'm g itig to tell you I'm voting for it on July 31st and 1 expect to vote for it on second reading. ttm giving ybu the time that is necessary and as far as I'm concerned you schedule it for duly Slat and I'M just telling you how I'm voting on it so you'll knows Lett. Gibson: But Mrs Mayor, isn't it true that based On waht the City Manager just said earlier that we could give him the relief and the relief will only take care of the two people in question and if we pass this ordinance glen what will happen is the ordinance will take care of any others that may occur after the ordinance has been passed so we don't have to deal with all the Others. We must do something about those two people now. You see if we wait another thirty days what is this woman going to do for an income? Mrs. Gordon: Mr. Andrews, I rnust get an answer if I might. The two parties, particularly the one party that we dealt with a couple of weeks ago, now do we have to wait for the second reading on this new ordinance in order to prepare ourselves to take care of that case? Mr. Andrews: No, I said that all I felt was that if the commission established by policy that they were going to do something definite about adopting an ordin- ance of some kind depending on the emoluments you wanted to include that with that you demonstrated a continuity that goes back some 14 months to this date. Now in between that period of time these two employees passed away. In fairness to them I -think we could document two resolutions in.which the commission would be in my judgement on safe ground in saying that because of the ineptness of city government getting this implemented, getting it started these two people are entitled to an emolument like the four sanitation employees have been receiving an emolument for almost 10 years. Mrs. Gordon: All right. Do we have to do anything now in order to set the policy? Mr. Andrews: I think you should adopt a motion so that we can get started on that. Mr. Lloyd: Now there is one thing, just a minute. Let me tell you my concern. I have no objection to your adopting a motion of intent providing or directing the City Attorney and the Manager to look into the matter providing that it can legally be done because let me tell you what you're faced with and at the risk of having to appear to be the villain. There is a Florida Constitutional Provis- ion prohibiting municipalities from giving gifts and you're in this dangerous area. If it is considered that and you do it you are subject to individually being liable for the money. Now this is what I'm warninc you. Mayor Ferre; I heard your warning loud and clear. Mrs. Gordon What do you want us to do? Ok, the motion is to explore that way we don't have to personally be liable. Mr. Lloyd: We'll explore it thoroughly right away. Mayor Ferre: Yes, but you know I'm not going to be personally liable for this thing Mr. Andrews; No, you're not under those circumstances. Mrs. Gordon; No, just exploring we don't get liable. Mr. Naples; Mr. Mayor, just one question of the Manager. What are the benefits of these other people you're'speaking of? What are they getting? Mr. Andrews; One is getting $100 a month another is getting $75 a month. Mr. Naples; HOW do you determine what they're getting...? ior) Mrs Ahdreutt The a iaaioh tame to a coot lesion bated on the aaiarita they were earning at that time to at "Stitt giVe the& aoft benefit tommentutate and aalataiee in those data for the laborer was Tuck lower than it it how. So What I'm saying to atiiplify t1Yit, it this is legal we would treat these 'tigo people as it they mere embraced in the orditiahee but they're hot and their eho anent would be figured on that formula and they would get that entitlement, Mr. Naples: bn the tormttla that is in the brdiMahce. Mt. Andrewal Yee, MtS. Gard in: Ok,, them this will cOMe back oh the 3-1st. The following MOtiOn was introduced by CoMMissioner Gordbh, who moved itt adoption: MOTION NO. 75-624 A MOTION REQUESTING THE CITY ATTORNEY AND THE CITY MANAGER TO EXPLORE THE POSSIBILITY AND FEASIBILITY OF GRANTING BENEFITS TO THE SPOUSES OF TWO CITY EMPLOYEES WHO DIED UNEXPECTEDLY WITHOUT MAKING APPLICATION FOR RETIREMENT BUT WHO WERE ELGIBLE FOR RETIREMENT BENEFITS. Upon being seconded by Commissioner Gibson,the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. Mayor Ferre: Gene, I don't see how we can do anything else for you. Mr. Naples: I'm just trying to stop a lawsuit that is going to sue and you know I'm inclined at this time to tell people I represent to join in that law- suit under the circumstances if something is not done about this pretty quick. Mayor Ferre: I think you've got an appropriate feeling. I understand and_I think we're not going to sit on this. Mr. Plummer: Wait a minute, don't let him go away unanswered. We're definitely going to make some decision on July 31. Am I correct? Mrs. Gordon: Certainly, and the attorney will have had time to explore the two special cases. Mr. Plummer: Why don't we ask the Manager to put this on the agenda of July 31 and then there will be no question about it. Mr. Andrews: We're going to put this ordinance on that agenda. Mr. Frank Williams: MR. Mayor, I wonder if he could explore this 30 day thing that seems to be senseless? Mayor Ferre: Well, we're not going to explore it now because it is 7 O'Clock and we're about two hours way from finishing. Mr. Plummer: Frank Williams brought up a good point. Is there anything preclud- ing us from eliminating that 30 day clause right now? Mr. Lloyd: This is an ordinance and you don't amend an ordinance by a Mr, Plummer; I make a motion of intent to abolish the 30 day rule. Mrs. Gordon: In addition to and included in this,.. why not include it into.., Mr. Plummer; Because one might fail. Make it separate motions, make a motion of intent. 33, TO NEGOTIATE AGREEMENT The following MOtiaft la`s introdueecl by CoffiMissioh t Iteettt Whit) moved its adoption: MOTION NO. 75.,62S A MOTION OP INTENT To kEPEAL THE TI#t1tT 'PEMPEMENT IN Tilt RETIREMENTRETItEMENT OttbINANCE PEkTAtN11JG To EtAtRILIT'Y OP stiff VtVI G EPOUtt POP, RAMITE I ' THE 1 MPi,t '?HR Ent WITHIN EA1b PERIM APTEA COMMENCEMENT OV PETIE Mi NT. Upon being Sedbricled by Commissioner Gibson, the motion was passed and adopted by the following vote; AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. MOOS: None APSENT: Commissioner ileboso. AUTHORIZE CITY MANAGER STANFORD RESEARCH INSTITUTE POR FINAL rtAM0gMENT 1 `IODERNOV iOLICE DEPARTMENT Mr. Andrews: This is a provision to continue for the last year of the Stanford" Research institute agreement and provides if needed, an extension of 3 months at $6,000 a month. Mr. Plummer: That is beyond October, 1976? Mr. Andrews: That's beyond. Remember, that is the safety valve that we were talking about in case... It will not be spent unless it is needed. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-626 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH STANFORD RESEARCH INSTITUTE TO PROVIDE PROFESSIONAL AND TECHNICAL SERVICESTO ASSIST DUR INC THE FINAL DEVELOPMENT OF MIAMI MODERN POLICE DEPARTMENT FROM APPROXIMATELY OCTOBER, 1975 UNTIL OCTOBER, 1976. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso. PAN COAST 4RCHITECTS $3,991,00 FOR 34, AUTHORIZE CITY MANAGER EXTRA WORK IN CHANGE OF DESIGN OF THE TO PAY POLICE HEADQUARTERS BUILDING The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-627 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PAY PANCOAST ARCHITECTS, INC. ET AL THE SUM OF'$8,991.00 FOR THE EXTRA WORK ON THE CHANGE OF THE DESIGN OF THE MIAMI MODERN POLICE HEADQUARTERS BUILDING; ALLOCATING THE SUM OF $8,991,00 FROM THE ACCOUNT ENTITLED"MIAMI POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES." (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolutions"was passed and adopted by the following vote AXES; Mr. Plummer, Rev. Gibson, Mrs, Gordon and Mayor Ferre, NOES: None, ABSENT; Commissioner Rebosa, ' JUL171975 ALLOCATE $5O,jt 0 FROM Plt tCE oND FUND TO P tMtt E G NetAL U FOR PERS NNAI CO 1 tR . IAMB 10DERR VOLICE UEPT4 . DDERNIZATtON The fo . ewi g resolution n was introduced by ComMiStioher P1 i heft Who shoved its adt ptioht RESOLUTION NO, 7S 62s A RESOLUTION ALLOCATING A TOTAL CAP $56,000.0O PROM POUCH SONG TO PEIMEURSE THE GENERAL PuNO Poti PERSONNEL COSTS POR, THE bEVELOPMENT OP THE POLICE MODERNIZATION PROGRAM, (here follows body of resolution, omitted here and on file it the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Mr, Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferree NOES: None. ABSENT: Mr. Reboso. 36 i TOTPROCEEDCW ITHMDEVELOPMENT LAND UNDERNEATH 1-95 N.W. 4.4 STSi PARKING AREAS FOR OFFICIAL USE OF MIAMI POLICE DEPARTMENT The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-629 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE DEVELOPMENT OF THE LAND UNDERNEATH I-95 BETWEEN N.W. 4TH STREET AND N.W. 6TH STREET INTO PARKING 'AREAS FOR THE OFFIC- IAL USE OF THE MIAMI POLICE DEPARTMENT BY PREPARING THE PLANS AND DESIGN FOR SAID PARKING AREAS AND ADVERTISING FOR BIDS FOR THE CONSTRUCTION OF SAID PARKING AREAS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso. 37. 1NJuNcrLoN The following resolution was introduced by Commissioner '^lummer, who moved its adoption: PALM BAY CLUB TO PREVENT FURTHER HELICOPTER OPERATIONS RESOLUTION NO. 75-630 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO FILE AN INJUNCTION SUIT, OR SUCH OTHER ACTION AS HE MAY DEEM APPROPRIATE, FOR THE PURPOSE OF ENJOINING OR PREVENTING FUR- THER HELICOPTER OPERATIONS AT THE PALM BAY CLUB. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES; Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES; None ABSENT: Mr. Reboso, I 08 JUL 171975 iPERSONAL APPEAR MONty tRntwOR Mayor Verret Monty, cah go? (inaudible) Mt. Andrews. that Vat chine under fly direction to it is just not tennie tMayer. Mr. Monty Trainbrt l just got caught with my finger ih the cookie jar, that+e all. Mr. Plut ter: What de you Want, a band.Laid? CONtTRUCTION PROtLEMt AT LAYS ORt lEtTAURAt T ALLOWINt I ANDtCAR tNG ETC, you Wait to tofe up and tell us your sad story So yoU Mr. Andrews: May 1 be of assistance in this, Xi. Mayor? Mr. Mayor and members of the commission, perhaps 1 could help save a tot of time which will include Mr Monty Trainer's submission Of his proposal to the City C mission. When we talked several weeks ago about the two leases at Dinner Xey here rot marine servicing, Merrill Stevens and Coconut Grove Marina, Inc. and also the SeMinole launching services here we talked about going out for public bids for public proposals. You gave me that authority and at that time '1 said we would enter tain and make proposals flexible enough so Mr. Trainer could submit his proposal' as to the use of the Underwood property alung with the marine types of uses and the commission would be in a position then to evaluate and weigh the best possible use of that property. To entertain proposals at this time without eval- uating marine uses for that property is going to be premature and you're going to be evaluating one proposal and you don't know that you're going to get other proposals similar to the one that Mr. Trainer is proposing and I'm predicting that you're just going to get yourselves into difficulty by listening to one and not listening to a lot of others. Mr. Plummer: Let me ask this question. Are we getting his finger out of the cookie jar or are we listening to proposals? Mr. TrairO'r: I want to get my finger out of the cookie jar first. Mr. Plummer: Well, why don't we handle that first and after we've settled that matter let's see if we want to hear the other today. Mayor Ferre: Well, ok, how are you going to get his hand out of the cookie jar? Mr. Andrews: I can recommend that he stop making the improvements on city prop- erty and giving directions in public rights -of -way for the... This is not the property that is being condemned. Mayor Ferre: I know. Look, let me just express some philosophy. I know what the book says and I know that we have to follow the rules and all of that but here is a man, and you know I don't know him from Adam. I think I' have talked to him five times in my life. Sometimes he's not even very friendly; I'm in the restaurant, he walks right by and doesn't even say hello' and what have you... He means absolutely nothing to me, absolutely nothing but I want to say that here is a man who has taken a dump - and I mean dump with a capital "D" because tat's what it was. I remember I used to go there and that was really a greasy spoon restaurant. It was a monstrosity; I used to get ptomaine poisoning and everything else. It was a terrible place. And this man has taken it; he ran it; he expanded it(I don't know what he did. This man who owns the property up in North Carolina or wherever it is that the man lives, he goes up there and he's nice to him or sends him Mangoes or oranges and the next thing you know he has some kind of a lease), He goes in and he improves the property with his own money, puts all these boards in. You go there like you can hardly get a place to sit; all the youth are there. It is a clean place, it is working, it is functioning. That's what this free enterprise system is all about. Mrs. Gordon; It has atmosphere. Right, Maurice? Yes, it does. Mayor Ferre: For God's sakes, if we get a kookie guy like this who is willing to do all of these things can't we support him and help him and encourage him? If he wants to put trees and grass and put his own fertilizer to fertilize it and a nice awning and a bus sign, Good God, we ought to be encouraging him. Mr. Andrews; Mr. Mayor, I'm in complete accord with that philosophy of working with private enterprise. I think I've demonstrated that but the commission is creating an impossible situation for the City Manager and administration, On one hand you adopt a resolution and you take actions to say, "Comdemn this prop- erty," I came back here at one point and said let's try to handle this in a ilitfereht way Where fyt eitl lati t► iSi t hecettaty f ai d ' tail get the thifiutea for this, acid the coi r►isti h was itisistat,t, °No, we're going to., ." Mayor perte t Pat11, t' n perfectly will hg to teVieW this whole thing because At fat as t' t ddhdethed if this Dab is willing to do what be hat ih those plot,. urea, afid 1 dOhlt kiiow wfiate he is tit5it1g to get the motley, but if ha ie W llI ig tb do something like that I want to tee 'everything withih my power tb have hit do it if he is really going to do that. Mt. AhdreWtt And t' i ih agreed etit but We should be dointl it from a bate 6t COndethhatibh. We're tottstahtly arming him with Thbre reasofis why he cab be tnbre f'oroeful itt this whole area of dealing with the city. My position is weakened in dealing with hit beeause we're baking cOhtessions to him all the time, Mayor i~erre I have to think a little bit about this condemnation but if he is willing to do something like that fratikiy t don't want to condemn it if he is Willing to do that. Mrs. Gordon: That isn't planned for that, that's another piece of property, Maurice. Mr. Andrews: That is the Underwood property which we own. He is embellishing our property which I'm saying should come through a public proposal procet3s Mayor Ferre: I wish we would. Let's put it out for public proposal right away. Mr. Andrews: That's what we're doing. Mr. Plummer: That's what he's trying to tell you. Mayor Ferree Well when are you going to have it out for bids? Mr. Andrews: We were hoping to put this out for proposals and have proposals returned to us in the month of September. On this end on Grove Key Marina and the other properties. Grove Key Marina, Merrill -Stevens, Underwood, a marine property which this... Mayor Ferre: You want to know what is going to happen? I'm going to tell you what's going to happen. OK? You're going to get Restaurant Associates or the Boeing Aircraft Corporation or somebody that pushes a button somewhere in Seattle or New York or Boston who is going to say, "Go down there and bid this thing." And then we're going to end up talking to somebody with a grey flannel suit who is going to send some hired gun to run something like this and I would frankly; I think what makes San Francisco and the Fisherman's Wharf and some of these other great places that we all go to so great is that you've got some nut like this guy here who is willing to... Mr. TrainOr: I've got three college degrees. Mayor Ferre: Who is willing to spend the hours he does and the money that he does and go through the misery that he's got to put up with to run something. And I would ten times... And I'll give you the perfect example - Cye Mandell at Cye's Restaurant at Rivergate. There he is every night working his shop, pushing, hustling ( I mean that in a nice sense) and really there on top of his investment. And I'll send you down to the Miamarina which is run by some outfit up in New York who could care less. There's nobody there that you can talk to. When I've got a complaint I go over to Cye and I say, "Hey, your steak is no good." and right away you know it's all that... Now who do I talk to over at Miamarina? It's a mess. You don't know who to talk to, they change management every three months. Mrs. Gordon: Isn't Casey there anymore? Mr. Plummer: No, he hasn't been there for about... Mayor Ferre: You know what I'm saying is look this is Father Gibson's line. We've got local people around here who are willing to work. What do we need to go get experts on the outside for if we've got experts here? We're always looking for experts somewhere else, Rev. Gibson; Right; Mrs. Gordon; Let's get back to,,, He's put up a nice really beautiful flower arrangement and that's what we want you to take down, Right? That's part of it? 1 1.10 JUL 17197 Mt.. Plnet 'Hey. 't get the fihget cut f tl,e Wikie iar that's the ttediata th :t , Ttaihott Let me just say this, lam wtong I built that on city ptops IMAUbligat Mrs: Oordott Mr. Ahdrevist l just want to ask a question while they're i8oking at pitturet and drawings. What harm would that do front the statydpoirt of eofim, detthat.oet if + e beautify it because let's face it. Affright, tot aeguire the property**. Ok. l know, hot l'tl htit talking about the public property. tei S talking about where you have the restaurant. Mt. Plummer: ghat are we talking about, just tre bus behch out front? Mrs. dordont Yes ► let me finish the oonvet: cation because I teally want to know. Can we just tent it back to him? Mr. Andrews: T&t was one of the proposals that we were exploring. Mrs. Gordon: Well that's one that we would be interested - he's the one that made the place look like it does. Mr. Andrews: Would the commission entertain withdrawing from the condemnation area? Mrs. Gordon: I don't know why we should do that and I'll tell you why. The reason why I'd be hesitant about withdrawing is because Monty is a great operator and he is a marvelous improver but what about some future guy or some future gener- ation? I think that since we have already acquired all of this land for public use we should have it all but I think we should also have him there. I really mean that sincerely because he has done wonders. Mr. Trainor: Well, I've offered to, you know I don't want any money from the city, I want my restaurant. I want what I've done. I'm willing to throw my lease in the pot and you know... Mayor Ferre: Listen, I'll tell you what is going on here... You're hustling. No, no, I don't mean it that way. You know I don't mean it bad. Hey Monty, look you've got problems with the city administration. Yes, you do. And part of the problems is because you go out and do things on your own and they get all upset and as John Lloyd just mentioned to me... What was it you just said? Mr. Lloyd: Yesterday and today there was an armed guard, as I understand, hired by this gentleman standing there preventing cars from going down that public street to city property and I understand that he cut up a fence on the Coast Guard property... Mr. Trainor: ...I cut the fence, he didn't cut the fence. All he is doing is telling people that there is parking available. He is from the security service and he just directs... Mr. Andrews: He refused people from using that public street to park in and you can't do that. Mayor Ferre: Now don't tell me you don't have any problems. Mr. Trainor: No, I don't have any problems I just think there are some mis- conceptions here. He told me what happened, he saw the city car, he's not... Mayor Ferre: Now but I'll tell you, on his side of the fence now, Paul, I went down there and here was this little hole where people would sneak through to go to some pier. Somebody had welded these jail bars across and it looked like a prison. I mean I don't know how much money it must have cost us the City of Miami to go weld those things there but what is the big thing. Mr. Trainor; The only thing z object to is that barbed wire fence. Mr. Andrews; Mr. Mayor, we're getting way off base in this. First of all let me say this from the adm.niStrative point of view; We're kind of excited with what the possibilities are here. We're willing to work with this gentleman and we had worked up several plans but what is before Us is condemnation, working with this person, getting public proposals. You can't mix all this together and come out with clear broth when we've got vegetable soup, 111 ,.JUt. 171975 Mt. Plummet: I Sal a half hour ago, neti s get his" i.hgef out of the cookie Jar Arid then 'we'll: go to t'h .e .titer." Mayor Petrel Why can't we let the man put Stitt bushes and a bench there`? have 110 bb jeet1otts to that ' plummet if he will reftive them at his own e5 pehse at any tithe the city requests I'll make such a fnotiOn. Mr, 'Trainor: 1've had to sign such a letter on everything I've built do WtI there. Bt. Plummer: This is just the ftotst, correct? Mayor Perm: You've trot tb go get a permit now. Don't gb doing things without getting a permit, Mr. Trainor: I don't mind the permit. Sust add it to the rest of the letters. Everything I've built they've told me t've got to tear down. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-631 A MOTION OF INTENT TO ALLOW PLACEMENT OF A BUS BENCH AND LAND- SCAPING ON PROPERTY PRESENTLY BEING USED FOR RESTAURANT PURPOSES AT THE FOOT OF AVIATION AVENUE, WHICH PROPERTY IS PROPOSED TO BE DEVELOPED BY THE CITY FOR PARK PURPOSES, CONDITIONED UPON REMOVAL OF SAME AT THE EXPENSE OF THE RESTAURANT AT SUCH TIME AS THE CITY REQUIRES THE PROPERTY. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. GRANT PERMISSION TO FILL 9ASTER PLAN FOR BAYFRONT PARK 3V. SUBMERGED LAND REDEVELOPMENT The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-632 A RESOLUTION GRANTING PERMISSION FOR FILL OF SUBMERGED, UNPLATTED LAND BY THE CITY OF MIAMI, BEING BAY FRONT PARK, ADJACENT TO BAY FRONT PARK AS SHOWN ON THE MASTER PLAN FOR BAY FRONT PARK BY EDWARD D. STONE, JR. ANP ASSOCIATES, DATED FEBRUARY 27, 1974, (AREA BETWEEN CHOPIN PLAZA AND MIAMARINA, BEING AN IRREGULAR LINE); FILL TO BE FROM UP- LAND MATERIAL; PROPERTY ZONED P-R (PUBLIC PARKS AND RECRE- ATION, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev, Gibson, Mrs, Gordon and Mayor Ferre, NOES; None. ABSENT: Mr, Reboso, 112 JUL 171975 01 Of It I ALLY CLOSING AND VA AT ISO 4TRE. T The foI: oWi g reaotiition eta§ i itrocli oed by oNftissioner Plummer who moved its adostiof: Nit .11,414 11 AR N. 4 RESOLUTION Nb, 5=513 A RESOLUTION OPPICtALLY VACATING AND CLOSING N.W. 12T t STREET ' APPROXIMATELY 255E EAST OP ., AY, AND OP N.W. 2ato AVENUE `ROM X WAY NORTH TO SOUTH POW IN ACCORDANCE WITH TENTATIVE PLAT NO. 934 - "FERN ISLE SOUTH FCRif PARK", (Mere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote- AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferree DOES: None, ABSENT Commissioner Reboso. 41, STREET CLOSURE - STATE OFFICE BUILDING The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 75-634 A MOTION OF INTENT APPROVING THE RECOMMENDATION OF THE CITY MANAGER WITH REFERENCE TO STREET CLOSURE IN THE AREA OF THE STATE OFFICE BUILDING. Upon being seconded by Cornmissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso. AUTHORIZE CITY MANAGER CONSULTING SERVICES ON 42, TO ENTER INTO AGREEMENT COCONUT GROVE INCINCERATOR CONVERSION The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-635 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH HARRY, OPPENHEIMER, ROSS AND ASSOCIATES, TO PROVIDE PROFESSIONAL AND TECHNICAL SERVICES FOR THE CONVERSION OF THE COCONUT GROVE INCINERATOR SITE INTO A PARK FACILITY FOR THE CITY OF MIAMI; AUTHORIZING PAYMENT FOR SUCH SERVICES, FROM MONIES AVAILABLE THROUGH THE PARKS FOR PEOPLE BOND FUND, OF A FIXED FEE OF $27,000.00 FOR THE COMPLETION OF PHASE I, AND AN ADDITIONAL FEE BASED UPON THE PROJECTED AIA/ASLA FEE SCHED- ULES WHICH ARE ATTACHED TO AND MADE A PART OF THE CONTRACT DOCUMENTS, SUBJECT TO A 5% CREDIT OR $2,000.00, WHICHEVER IS GREATER, FOR SUBSEQUENT PHASES, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote ,AYES; Mr, Plummer, Rev. Gibson, Mrs, Gordon and Mayor Ferre, NOES; None. ABSENT; Commissioner Reboso, • 1 ■ ■ • 1 Mr. Pl iee: item d iS $27, 600. i thitik We sliuitld know that. Mr. Andrews We're traveling t i'b tact, Mt=. Mayors 'i'hiL lte'tt 46 ! that your just passed, 1 want tm Make Mite that you have all the iht6tMatiohi hhta 'lb for the totplete of noept p :ati of serving the neighborhood... Mayor Ferre: i understand. 1've talked to dbhh about it. Mr. Andrews: Yes, but 1 don't think COMMissioher Piutmier knows and he is the One raising the questions. Mayor Perret Bait a tnihute. We voted to take the incinerator property aha level.. op it into a park. All right/ Nov this $27,000 is what we will pay the preteisionai, Whoever he is, for the purpose of giving us a rt-teter plan as to what we're going to do with it. Mr. Plummer: Mr. Mayor, that's well and good but wait a minute, let's slow down. You know this commission is also on record at the suggestion of Mrs. Cordon and the City Manager in reference to having an architectural competition, was it Lose. M. Andrews: That got too complicated. Mr. Plummer: Pine, but $27,000. What happened Mt. Andrews: It become small a project. l don't know that: you know I'm sitting here passing on to the competition? too complex to handle to try to achieve that for that Mr. Plummer: You see, I was never informed that. Mr. Andrews: I know that. Mrs. Gordon: For that small a project $27,000 sounds like a lot of money. Mr. Plummer: Well, nothing comes cheap, Rose. But you know I think we ought to know what thesethings are costing. I think that we ought to have the oppor- tunity of knowing that this competition was becoming unbearable and for that reason he recommends we go to this. Mayor Ferre: Let's make sure we don't lose track of what we're doing. This matter was discussed in depth in public hearings by the Coconut Grove Commun- ity Development... Now there was a big argument as you may recall. Some people wanted Grand Avenue improved and all of this. Finally Elizabeth Verrick and everybody else prevailed and they decided that where they wanted to spend the money was in improving this incinerator. The moneys to do this will come, hope- fully earmarked from Community Development Funds. Is that correct, Mr. Andrews? Mr. Andrews: Yes. Mayor Ferre: All right, now what we're about that when the money comes here we can move on Mr. Plummer: Mr. Mayor, there is no, question commission, and I don't even know if you were commission adopted a policy sponsored by Mrs. to hold a competition that they would come in come in with a different concept. doing is paying for the plan so the park. about that. The action of this a member at that time, that this Gordon that the architects wanted free of charge and they would all Mayor Ferre: Listen, I know nothing about that... Mr. Plummer: Well I dol And to my knowledge the policy of this commission had not changed. Mr. Andrews: Mr. Mayor, as a result of that when we got involved in this whole thing and we wanted to go ahead with this I wrote a memorandum to the City Com- mission indicating the impracticality of going ahead with the competition and recommending three architects of which the commission selected one and this is the one. Mr. Plummer; Fine. Mayor Ferre; Oh► now what are we going to do on this? Did we vote on it? Mir, Plummer; Yes, we passed it without even a price on it. 114 Jill. 171975 Mayor f arte : $ t 66 Mr, Plummet: tow it is but it's riot t , the agenda. Mayor Ferrel It's itt your book Mt. Lloyd: It's on the resolution.. 431 REAFFIN4 COMMITMENT'OF AFFIRMATIVE ACTION IN EMPLOYMENT AND TE CITY TO POLICY ADOPTING PLAN Mayor- tart*: Miami Affirmative Action plan, rii w who is going to talk about that/ Mt, Andrews: Mt. Mayor, may I talk about that, please. Please, Mr. Mayor and members of the ootttt►iseiOh the plan that has been evolved was presented to you SOifie time JUhe 16th. This is not the city administration's policy this is the commission's policy. We hope that you have read that, that you embrace that policy in principle. If you do it does not mean that that policy is set in COW. Crete. We had a choice of presenting it to you or as an ordinance and I chose a resolution so the commission would have time to deliberate not only among yourselves but if you wanted to hold a special meeting, if you want this with broad circulation so you get wide community participation in it and receive input from the community and then you will state what the policy will finally be and make whatever adaptions you want to it. Mayor Ferre: Mr. Lauredo, would you come up and then I'll recognize Father to ask you a question. But Mr. Lauredo and Mr. Dawson are members of the Tri-Cultural Committee which we appointed. Now they have some serious concerns, not misgivings, concerns and they would like the opportunity to study this further, discuss it more. They would like a public forum so this can be openly discussed. Now against Mr. Lauredo's advice I would like - I would like to recommend to the commission so that we'll have something to get going on that we pass this thing today and that we call for a public hearing at the very same day that we're going to hear from the Manager on the police matter and the program of Positive Recruitments etc., that we also hear on the MiamiAffirmative Action Plan, have a public hearing at which time you'll all be permitted to express your opinions, discuss what you want and at that time we'll amend it if it's necessary. Mr. Andrews: Could we, Mr. Attorney, add on and wishes of the commission that this is for the purposes of holding a public hearing to evaluate an Affirmative Action Program? The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO.-75-636 A RESOLUTION AFFIRMING THE COMMITMENT OF THE CITY OF MIAMI TO A POLICY OF AFFIRMATIVE ACTION IN EMPLOYMENT AND ADOPTING THE CITY OF MIAMI AFFIRMATIVE ACTION PLAN; FURTHER PROVIDING FOR A PUBLIC HEARING TO FULLY EVALUATE THIS PLAN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES None. ABSENT; Commissioner Reboso. 4, ACCEPT PROPOSAL TO DEVELOP FINANCIAL MANAGEMENT SYSTEM Mr. Andrews:' ... Accepting a proposal to develop a Financial Management System and I"have sent a memorandum to you recommending that we use the firm of Peat, Marwick, Mitchell and Co. It's on your agenda and there is a memorandum in your books and I also distributed a separate memorandum this morning so you sould have it double, Mayor Ferre; The Manager has recommended it. You have selected, as I remember you had three people that you were considering. One was Booze Allen Hamilton; the other one was Touche Ross and the third one was Peat Marwick and Mitchell. I would just like to speak in favor of this because I can't think administratively of anything more important that the city has than to get this doggone Pinanciai, and as understand, Mr, Bailey, are you for this? I didn't hear what he said. JUL 171975 Mr Andrews: Yee. Mayor 'ette Ahd you fat ommtehd Peaty Marwick and Mitchell? Mr. bailey: Yes, sir. Mayer Perre: is Peat Marwick and it hell here? Mrs Andrews: Their reptesettatiite is here. Mayor Parr: All right. l know from persbt al a tperiehce because I've seep► them function to State of Plorida do-Vethot Kirk was governor acid I saw them in Puerto Rice funetlori and 1 say that they are one of the best public none erns involved ih govethtnental fthaticial Matters so t mould subscribe to that. Mr Andrews: Mot only that, Mr. Mayor, they have 80 people employed here and 13 professionals ih their staff in the Miami office and do busi,ess right oiit of the Miami office. Mayor ?erre: Who pays for this by the way? Mr. Andrews: This is Federal Revenue Sharing Funds This has been programmed, this is part of the program that you adopted much earlier, Rev. Gibson: You say they thought enough of this area to put an office here? Mr. Andrews: Yes, sir. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-637 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH PEAT, MARWICK, MITCHELL, AND COMPANY, A PROFESSIONAL CONSULTING FIRM FOR THE PURPOSE OF DEVELOP- ING A "FINANCIAL MANAGEMENT SYSTEM FOR THE CITY OF MIAMI", FUNDING OF WHICH HAS BEEN PROVIDED THROUGH FEDERAL REVENUE SHARING FUNDS BY ORDINANCE NO. 8345 AND A FEDERAL GRANT UNDER THE 701 - COMPREHENSIVE PLANNING ASSISTANCE PROGRAM FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, NOT TO EXCEED A COST OF $45,000. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso. 45, ADJUSTMENTS - FEDERAL REVENUE SHARING APPROPRIATIONS ORDINANCE AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8345, THE FEDERAL REVENUE SHARING APPROPRIATIONS ORDINANCE, PASSED AND ADOPTED JANUARY 10, 1975, MAKING REDUCT- IONS IN ITEM 5(b), FIRE ALARM SYSTEMS, IN THE AMOUNT OF`$121,186.06 AND ITEM 11, FUNDS FOR FINAL ADJUST- MENTS TO PAY PLAN, DUE TO CLASSIFICATION AUDITS, IN THE AMOUNT OF $282,861.16, AND APPROPRIATING THE TOTAL OF $404,047.22 TO 5(d), REPLACEMENT OF FIRE EQUIPMENT FOR THE PURPOSE OF MEETING INSURANCE SER- VICES OFFICE STANDARDS; PROVIDING SEVERABILITY; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, fox:, adoption as an emergency measure and dispen,Sng with the requirement of reading 116 game on two separate dayaf Which waa a/teed AYES: N4* Plummer, Rev? Sibet h' Gorabh ROES: Mote, AbS fi 'tCbliniOSLOhet tebost ARSTANtRal Nbhe. Whereupon the COMMieaioh Oh seconded by COMMIWOr►er Gbrdoh, tl8te AY G t Mr. Plummer, Rev, Gibson, WOES: Notre ARE : Commissioner Reboso ARS'AINtNG None to by the folloWi ig vote: atd Mayor retre, tied of Cofl1 iesibter P1uMMet at adopted said ordinance by the following Mrs, c ordoti and Mayor Perfee SAID OPbtNANCE WAS bEEICNA D O bINPACE NO. 8418. fine 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. CHIEFSTO 46, PROPOSED CHARTER AMENDMENT ADDING THETUNCLASSIFIED' SERVICE AN ORDINANCE ENTITLED - AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT AMENDING SECTION 62 OF THE CITY OF MIAMI CHARTER FOR THE PURPOSE OF ADDING BATTALION CHIEFS TO THE UNCLASSIFIED POSITIONS IN THE SERVICE OF THE CITY BY ADDING THE TITLE OF "BATTALION CHIEFS" TO SUB -SECTION (1) (c);-AND SUB- MITTING SAME TO THE ELECTORS OF THE CITY OF MIAMI IN THE"NOVEMBER 4, 1975 CITY OF MIAMI PRIMARY ELECTION PRO- VIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NO. 1; REPEAL- ING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, CONTAINING A SEVERABILITY PROVISION;' AND PRO- VIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. Mr. Plummer: Mr. Mayor, let me ask through you to the City Attorney; Mr. City Attorney, I think this commission should be made aware of what the final date is for any Charter Amendments that want to be put onto the ballot so that we don't come down to the last minute deal. Mr. Lloyd: We've already sent around a memo to all the commissioners and all city officials who might be concerned. I think it was Ju16 31st if I remember correctly. We sent it several weeks ago. We will reissue it again. Mr. Plummer; It must be in that packet I got while I was gone. It's July 31st. I've got a stack upstairs... 117 JUL171975 4 1 TO UBMIT APPLICATION S1T1O,P, RO Y U GLARt PROJECT 'T'he ti letting testa .iitit h was itit-bdiioed bjy Co fiissioI er . Fi 't who • thawed lts Adaptiont MAOLUT1ON No4 75 -63B RESOLUTION AUT tORt2=NG AN APPt1CATIOt4 tY THE CITY MANAGER TO THE btPAttTMENT OP JUST/CBI LAW tNPOACEMENT ASSISTANCE AMMINISTRATIO1$ POA A GIANT TO t3E AAY THE CBST OP A S. T.O.P. Rotatt 'ouftGEAPtY PROJECT TO tt AbmtNISTEREb BY THt 'CITY Off" MIAMI POLICE t EPARTMt NT: AU THORIZING THE CITY' S CASH MATCH CONTRIBUTION OP $23, 41a.00 IP T14E GRANT IS ACCEPTED E' AAA: Aft FURTHER AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION Pok 'THE CITY TO Qt1ALt?Y FOR THE CRAN't. (here follows body of resolution, omitted here and oh file in the Office Of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. P1rnnner, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ASSENT: Commissioner Reboso 48► AUTHORIZE APPLICATION FOR GRANT GRANT TO DEFRAY COSTS OF AUTOMATIC COLOR PHOTO PROCESSING EQUIP. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-639 A RESOLUTION AUTHORIZING AN APPLICATION BY THE CITY MANAGER IN BEHALF OF THE CITY TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION FOR A GRANT TO DEFRAY THE COST OF AN AUTOMATIC COLOR PHOTO PROCESSING EQUIPMENT PROJECT TO BE ADMINISTERED BY THE CITY OF MIAMI POLICE DEPART- MENT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION FOR THE CITY TO QUALIFY FOR THE GRANT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. JUL 171975 4 AtIT•HOR 1.E ANNA ATtON FOR GRAwr The 62 6Wing a �iut i Moved its adoption: GRANT TO DEFRAY COSTS OP COLOR VtDt0 C. ULPMENT PROJECT` introduced by eftftlitSiOher Plummer, e t Si ttfTiON NO, 75-,64O A RESOLUTION AUTHt R/ZINO APPLICATION EY THE CITY MANAGER IN DEM ' 'OE THE CITY TO THE DEPARTMENT OE d'tfST'ICE, LAW EN TbRCE= NENT ASSISTANCE ADMINISTRATION INISTRATION ' iR A GRANT TO SEE1 AY THE CbST Off' A COLOR VIDEO EQUIPMENT PRO=T TO Et ADMINISTER= EY THE CITY OP MIAMI POLICE EePARTMENT AUTHOR/ZING THE EXPENDITURE Op $2 S21.OG .S THE CITY*S CASH MATCH CGNTRIEUTION TO THE GRANT: AND FURTHER AUTHORISING `THE CITY MANAGER TO TARE NEC- ESSARY ACTION POR'THE CITY TO QUALITY ?OR THE GRANT. (Here follows body of resolution, omitted here and Oh file in the Office of the City Clerks) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following Vote - AYES: Mr. Plummer, Aev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso 50, AWARD BID OFFSET PRESS FOR MIAMI POLICE DEPARTMENT The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-641 A RESOLUTION ACCEPTING THE BID RECEIVED FROM GENERAL PRINTING EQUIPMENT FOR FURNISHING AN OFFSET PRESS FOR THE POLICE DEPART- MENT AT A TOTAL COST OF $4,995.00; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT; AND ALLOCATING FUNDS FROM THE 1974-75 FISCAL YEAR BUDGET PROVIDED FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner' Gordon, the resolution was passed and adopted by the following vote - AYES: Mr Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: _Commissioner Manolo Reboso. 51, AWARD BID - COMMANDER TRAINING SYSTEM DUELATRON FIREARMS SYSTEM The following resolution was introduced by Commissioner Plummer, who moved its adoption: Upon RESOLUTION NO. 75-642 A RESOLUTION ACCEPTING THE BID RECEIVED FROM ADVANCED TRAINING SYSTEMS, INC. FOR FURNISHING ONE COMMANDER DUELTRON SYSTEM AT A TOTAL COST OF $7,371.83 FOR THE MIAMI POLICE DEPARTMENT; AUTHOR- IZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, AND ALLOCATING FUNDS FROM THE 1974-75 FISCAL YEAR BUDGET PROVIDED FOR THIS EQUIPMENT: (Here follows body of resolution, omitted file in the Office of the City Clerk,) eing seconded by Commissioner Gordon, the resolution was passed 110 here and on JUL 171975 and adopted by the t i awing vote= MS: Mr. Pl wi r, AeV. dibson, Mrs. O td n and Mayo Per t. moat None. WENT Commissioner Man0ld Abbeto. 21 AWAY DID PASSENGER VANS FOR PU LtC PROPERTIES bEPARTMEt4? The tollaw ng resolution vas introfltieet by e6MEASsft,r,er Mummer who moved its adoption: RESOLUTION NO. 7S-643 A RESOLUTION ACCEPTING THE Sib RECEIVED PROM DOWNTOWN CHRYSLEI PLYMOUTH ?OR ?URNISt4Xt G POUR (4) PASSENGER VANS ?0R USE EY THE SCHOOL RESOURCES DETAIL/POLICE DEPARTMENT AT A TOTAL COST OR $24,010.00: AUTHORISING Mb DIRECTING THt CITY MANAGES TO IN- STRUCT THE PURCHASING DERAP2MENT To ISSUE A PURCHASE ORDER E011 THESE VANS PROM FUNDS PROVIDED PROM AN APPROPRIATION TO 1974-75 SCHOOL RESOURCE OFFICER DETAIL OF 'I'1fl MIAMI POLICE DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferree NOES: None. ABSENT: Mr. Reboso 5 OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK LE JEUNE GARDENS HIGHWAY IMPROVEMENT DISTRLCT H-4353 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-644 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MARKS BROTHERS COMPANY FOR THE CONSTRUCTION OF LE JEUNE GARDEN HIGHWAY IM- PROVEMENT H-4353 IN LE JEUNE GARDENS HIGHWAY IMPROVEMENT DISTRICT H-4353 AT A TOTAL COST OF $504,488.02; AND AUTHOR- IZING A FINAL PAYMENT OF $57,157.66. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK 54, Si W. 22ND STREET HIGHWAY IMPROVEMENT H-4369 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-645 A RESOLUTION ACCEPTING THE COMPLETED WORK OF MARKS BROTHERS COMPANY FOR THE CONSTRUCTION OF S.W. 22STREET HIGHWAY IMPROVE- MENT H-4369 IN S,W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT H-4369 AT A TOTAL COST OF $125,386.97; AND AUTHORIZING A FINAL PAYMENT OF $116,676,31. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) pbh bei soot). N ed ComMieeioher otdot, tht 1Ltb l iuo Wee. passed aria adopted by the follow t§ dotes AYES: Mt. Plummer, Rev. Oibeah. Mrs, Glotdbh and Mayor Perre. HOES: None. OBJECTIONS TO ACCEPTANCE OP COMPLETE WOK N. '4. 9 S?R nT SIDEWALK IMPROVEMENT DISTRICT SK-4 4- BID if&tt The foil wlhq resolution was Ihtrbduoed by ootttmissiofiet rluiimet, who moved its adoption: REM:A>,tITt % NO. 7S 646 A RESOLti ION ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST oP $5, 057.00 AND Ai TtIOR SING A 1'TNAL PAYMENT Off` $5,057.00 ?OR THE N.W. 9 STREET SIDEWALK IMPROVEMENT S1.-4fl4 Eib "E" 1N N.W 9 STREET SI75HWAL}t IMPROVEMENT btSTRICT Sff-4334 BID "E" . (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None, ABSENT: Mr. Reboso 56i AMD ORD.6371-:1RTICLE I I,SECTION 21PARAGRAPH 14 "ADULT BOOKSTORES" AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE II (DEFINITIONS), SECTION 2, BY ADDING A NEW PARAGRAPH' (la); REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEFERABILITY PRO- VISION. Passed on its first reading by title at the meeting' of June 5, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8419. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 121 JUL 171 75 7, Al1/4111.1n.6811 ,Jittt VII f1-3 STRt AN abINARCE ERTtTLEO., AN OMINANCE AMENOIMO OROINARCE NO. tall, COMPRE., MENNE 2CNtRt ORIANNAC OE THE CtrY OP MIA141, ARTtCLE V11 4 LOW bERSITV MULTIPLE, k...1151ATIktCT# AS tT PER.. TAtRt TO ttNAtTY, LOT AREA ARO WtOTH R U1REMNTT, EY bELETtNO SECTION 1. (2) 1N 11'S ENTIRETY ARO SUPATtTUN tRa 1N X U =REM' A NEW PAM 1 (2) , ARO EY DELETa. 1NG atett N 2 (1) AN$ SECT1i N 2(3) 1N THEIR EN1'1RE ARO SUBST1" i'1NG 1N t1EN TNEREOR A maw SECt1ON R (1) REPEALING ALL c ROIN ,NCES, Cob SECTIONS OR PARTS THEREOP 1N CON LtCT 1NSb 'AX AS T`iE ' ARE IN CONt't1C : ARO CONTAINING A SEVERADILITY PROVISION. Passed on its first reading by title at the meeting of flute 12, 19 5 was taken up for its second and final reading by title and adoption. On function of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Fluter, Rev. Gibson, Mrs. Gordon and Mayor Ferre, NOES: None. ABSENT: Mr. Reboso THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8420. 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. HANGE ZONING LOTS 10, 16, 17, 18 = BLOCK 1 5a. ULASSIFICATION KINLQCH PARK AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 10, 16, 17 AND 18, BLOCK 1, KINLOCH PARR (11-35) AT APPROX- IMATELY 4225 N.W. 1ST STREET, FROM R-2 (TWO FAMILY) C-2 (COMMUNITY COMMERCIAL) DISTRICT, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFER- ENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of June 12, 1975, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8421. 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. 122 JUL 171975 i uRD o AND r CITY MAMMA OR XPENDITURE OF FUND t AM OtnivAmet ERTtTLEIS., AN ORDINANCE AMEtbtNG Oitb1NANCE NO. E027 REJAttNO TO ART IN PtiEtI2 i Diil?AMOS EY AMEND/NO SECii N 4 WHICH MAKtS tHt MTV MANAGER PtSPORSIELt POR THE Acoutattiom f E Att'tWAX t OR A PtJEt1tt EUttbING, EXPANDtN0 '1tts Pt8PONSIE1bt't'Y TO INCLUDt A REPORT TO THE CITY COMMISSION OP THE AC'ttON TO Et TAKtN EY THE CITY MANAGER iN ACQUIRING THts ART WORK PRIOR TO ANY EXPEND/RE OP POND" ?OR ART AO'QUIStT� tON; 1ROVthING t•OR INCLUSION IN ThE CODE; PROVIDING ?OR INCLOSloN IN T ttr CODE; PPOVtbING POP stVERAEtb- ITY: ANf PRtVIbtNG AN > Pi~'i CTtVE DATE. Passed On its first reading by title at the meeting of June 12, 1975, was taken up for its second and final reading by title and adoption: Co motion of Commissioner Plummer; seconded L.► Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer; Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8422. 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. 6U. ACCEPT PLAT - HALF MOON SUBDIVISIfN The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-647 A RESOLUTION ACCEPTING THE PLAT ENTITLED HALF MOON SUB- DIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPT- ING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 123 J U L 171971 6 , AC MT PLAT I M ON PLAZA The fol bwi ig esoIutioii rags introduced b/ CommissLo iet Pi et, who timed its adoption: EES tbUTlt 1t NO. f5 4B A RESOLUTION ACCEPTING THt PLAT ENTITLED MASON PIMA A SUBDIVISION OP THE CITY OP MIAMI,, nobRIDA, AND ACCEPTING THE DEDICATIONS SHOWN al SAID PLAT: AND AU' iiOR INO AND DIRECTING THE CITY MANAGER AND CITY CLEF TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and oh file in the Office of the City Clerk.) Upon beings seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. PLUM er, Tteti. Gibson, Mrs. Gordon and Mayor Terre. NOES: None. ABSENT: Mr. Reboso. 62, ACCEPT PLAT - KREWDTL!\ (D SUBDtVtS ION The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-649 A RESOLUTION ACCEPTING THE PLAT ENTITLED KREIDTLAND SUB- DIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, AND ACCEPTING THE DEDICATIONS SHOWN ON AID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. b3. ACCEPT PLAT MICANOPY WOODS CREPLAT OF WEBSTER SUBDIVI$IQN) The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-650 A RESOLUTION ACCEPTING THE PLAT ENTITLED MICANOPY WOODS, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT AUTHORIZING THE CANCELLATION OF THE AGREEMENT BETWEEN EMIL J. GOULD AND THE CITY OF MIAMI FOR IMPROVEMENTS AT WEBSTER SUBDIVISION; AUTHORIZING THE RE- LEASE OF THE COVENANT POSTPONING THE COMPLETION OF CERTAIN IMPROVEMENTS AT WEBSTER SUBDIVISION AND ACCEPTING A NEW COVEN- ANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF SIDEWALK, CURB AND GUTTER, FULL WIDTH PAVEMENT AND THE REMOVAL OF A DECORATIVE WALL; AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT; AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND DELIVER A QUIT CLAIM DEED CONVEYING TO THE OWNER THAT AREA ABUTTING THE EAST PROPERTY LINE OF LOT 1 OF WEBSTER SUBDIVIS- ION (99-96) PREVIOUSLY DEDICATED BY SAID PLAT, (Here follows body of resolution' omitted here and on file in the Office of the City Clerk,) Npn h bettride$ bare tthigibffiflet Gibsot the feeblutthh We§ pawed and adopted W # the fallowing votta ASS: p1tnf R24 fibbfiy Mts. Ctifdohh afid Maytr Petro, MEM None. ANENT: Mr. kebeab. 64A ACCEPT PLAT IRENEtS SUBDIVISION The following resolution waa introduced by Commis§I: her Plu lien, t tir moved its adoption: RESOLUTION NO. ' 5-651 A =SOLUTI SN ACCEPTING THE PLAT ENTITLE IRENE'S SUBDIVISIot,1# A SUSbIVISION IN Ng CITY OP MIAMI, 'tOIIbA ANb ACCEPTING THE bEbXCATIONS SHOWN ON SAIb PLAT; ANb AUTHORIEING ANb bIR- ECTING THE CITY MANAGER AND CITY CLERtt TO EXECUTE THE PLAT. Mere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Terre. NOES: None. ABSENT: Mr. Reboso. 65, ACCEPT COMPLETED WORK - NORTHERN DRAINAGE PROJECT E-32 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-652 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $159,260.50 AND AUTHORIZING A FINAL PAYMENT OF $159,260.50 FOR THE NORTHERN DRAINAGE PROJECT E-32. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mx. Reboso. 66. ORDERING RESOLUTION - N. E. 59TH STREET HIGHWAY IMPROVEMENT E{-4392 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-653 A RESOLUTION ORDERING N,E. 59TH STREET HIGHWAY IMPROVEMENT H-4392 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS N.B. 59TH STREET HIGHWAY IMPROVEMENT DISTRICT H-4392; AND ALLOCATING THE AMOUNT OF $3,000,00 FROM THE HIGHWAY BOND FUND FOR PRELIMINARY EXPENSE. (Here follows body of resolution, omitted here and on file in the Office of the City clerk.) tfpoll being §eoonded by COMMiegibtiet 6ordoh, the tee6lUtibt at passed and adopted by the tollbwitig 'vote AYES: Mts Plummet, Rev: Ci atOnt Mte4 06tdon end gayer Ferret NOES t4ofe. ASSENT: t ti Rebot BJECTICNS TO ACCEPTANCE-CoMPLETED CCNSTR CTtON 67 t AUHORIZEI ZE 'CITY CLE 'K TO PUBLISH NOTICE FASHION SANITARY SEAR IMPROVEMENTSR-5402 C The following teeOlUtit n was introduced by commissioner Plummer, er who moved its adoption: RESOLUTION NO. 75-654 A RESOLUTION AUTHORIZING THE CITY CLERK ro PUBLISH A NOTICE OP PUBLIC HEARING FOR 084ECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OP THE COMPIETEb CONSTRUCTION OP FASHION SAN- ITARY SEWER IMPROVEMENT SR=5402 C (CENTERLINE Set) IN €ASR ION}�SANITARY sENER IMPROVEMENT ID/STRICT sR-5402 C (CENTERLINE SEWER) i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Manolo Reboso. AUTHORIZE CITY CLERK OBJECTIONS TO ACCEPTANCE -COMPLETED CONSTRUCTION 68, TO PUBLISH NOTICE SOUTH BAYSHORE DRIVE SIDEWALK IMPROVEMENT SK'4281 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-655 A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF SOUTH BAY SHORE DRIVE SIDEWALK IMPROVEMENT DISTRICT SK-4281. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Fnrre. NOES: None. ABSENT: Commissioner Manolo Reboso. AUTHORIZE CITY CLERK OBJECTIONS TO ACCEPTANCE -COMPLETED CONSTRUCTION 69. TO PUBLISH NOTICE SOUTH. BAYSHORE DR.RowAX IMP.R-4342 The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-656 A RESOLUTION AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF SOUTH HAY - SHORE DRIVE HIGHWAY IMPROVEMENT H-4342 IN SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT DISTRICT H-4342. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk') 126 J U L 17197 tip6tt being seconded by CorofthiS61.6het Pluffner, the tebolUtao i was passed and adopted by the t61i6witg vote& AVESt Mr. Plait t t Revs dibs6h, Ctrs. OordOn and year Petrel NOES: More ABOENTf Mr. Aiboso. OBJECTIONS TO ACCEPTANCE COm LETED CONST UCTtON TO PUBLISH NOTICE SouiwERK INEMOUNT SANITARY SEWER IMPS CR-5242 C S The following resoiirtiori was introduced by Commissioner Plummer, who mowed its adoption RESOLUTION NO. 75-55' A RESOLUTION AUTtt011121NO THE CITY CLERIC TO PUBLISH A NOTICE of PUBLIG I#EARINO ?Olt OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETEb CONSTRUCTION OP SOUTH PINE - MOUNT SANITARY SEWER IMPROVEMENT SR-5242 C (centerline sewer) AND SR-5242 S (sideline sewer) IN SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT DISTRICT SR-5242 C (centerline sewer) AND SR-5242 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 Gordon, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferree NOES: None. ABSENT: Mr. Reboso. AMEND APPROPR,ArJONS ACCEPT $354,254,00 -FEDERAL t+IATER POLLUTION %1 ORDINANCE NO b CONTROL ACT AMENDMENTS-1972 AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING APPROPRIATIONS ORDINANCE NO. 8316, PASSED AND ADOPTED OCTORER 10, 1974, BY ACCEPT- ING $354,254.00 RECEIVED UNDER PUBLIC LAW 92-500, " FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS - 1972", AND PLACING THESE MONIES IN AN ACCOUNT: TO BE ENTITLED "SPECIAL REIMBURSE- MENT FUND"; REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY PROVISION AND PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Manolo Reboso. ABSTAINING: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gordon, adopted said ordinance by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordonand Mayor Ferre. NOES: None. ABSENT: Commissioner Manolo Reboso, ABSTAINING: None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8423. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the ,Public. • • 127 JUL1 71975 1 ALLOCATE '$SO,'�.4""0 FOR RORCHA E OF MATRRtA1:. SAND CONTRAc•TUAL `EAV Et ALTERATIONS AND ADDITIONS TO cm BUILDINGS ETC1 The Bill*Wih§ resautiofi was introduced by ebftissioner Gibson, wh6 vet its adoption: RESOLUTti N NO-. 75 8S8 A RESOLUTION ALLOCATING PROM THE SPECIAL REIMMASEMENT PUNbS WHEN RECEIVED EV THE CITY OMER PtbERAL PtSSti=C LAW 924001 $ Sty, 000. 00 TO RE Pt ,CEb IN THE SPECIAL FtJNb EST/MASHED POR SERV E ANb COMMbbITIES NEEbEb PLR MISCELLANEOUS PROGRAMS AND PLR THE PURCHASE OR MATERIALS Aft CONTRACTUAL SERVICES NECESSARY ?'OR CONSTRUCTING MISCEIALANIOUS A AtERATtbNs ANb Abb1TIONS TO CITY E11Lb1NGS $20,000.00 To ESTARLISH A SPEC- IAL "U 1b POR LAHOR CHARGES OP PERMANENT EMPLOYEES tittb T SUPPLEMENT MANPOWER PROGRAM EMPLOYEES ON SPECIAL PRf ECTS. (Here follows body of resolution, omitted here and oft file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following Vote - AYES: Mr. Plummer. Rev. Gibson, Mrs. Gordon and Mayor Terre. NOES: None. ASSENT: Mr. Reboso. 73, ALLOCATE $110,950 FOR PURCHASE OF LANDSCAPING AND IRRIGATION MATERIALS USED IN VARIOUS CITY PARKS The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-659 A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF $110,950 TO THE DEPARTMENT OF'PARKS AND RECREATION FOR THE PURCHASE OF LANDSCAPING AND IRRIGATION MATERIALS, FOR USE AT VARIOUS PARKS THROUGHOUT THE CITY; USING FUNDS AVAILABLE IN THE PARKS FOR PEOPLE BOND PROGRAM FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. ,. NOES: None. ABSENT: Mx. Reboso. 74. ALLOCATE $144,225,00 FOR PURCHASE OF PARK FURNITURE AND PLAY APPARATUS The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-660 A RESOLUTION ALLOCATING FUNDS IN THE MAOUNT OF $144,255.00 TO THE DEPARTMENT OF PARKS AND RECREATION FOR THE PURCHASE OF PARK FURNITURE AND PLAY APPARATUS, FOR USE AT VARIOUS PARKS THROUGHOUT THE CITY; USING FUNDS AVAILABLE IN THE PARKS FOR PEOPLE BOND PROGRAM FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES; Mr, Plummer, Rev, Gibson, Mrs. Gordon and Mayor Ferre. NOES; None. ABSENT; Mr, Reboso, C MM 12S JUL 7197 014 S teUTE COVE I S TO RUN Willi LAND PARtn. 40 LA `1N RtV R R0Nt PAg1 The tollowina tee6lutidn wab ifttredde6d by Commit§rer GordeyhF Moved ita adopti ,n t RESOLUTION NO. 7S4A1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER ER TO EXECUTE COVENANTS PERRINO WITH THE tkND ON PARCELS NO, 2 AND 4 OP THE t.ATIN RIVEAPAON'I COMMUNITY WARX IN ACCORDANCE UITH THE REQUIREMENT te Tut U.S. i EPA t" MENT Op HOUSING AND UREAN DEVELOPMENT MENT OPEN SPACE PROORAMt AND Atf'IHORIZtNO 'ice PROPER OP-PIC/ALS OE THE CITY TO PECORD SAID COVENANT IN THE PttELIC RECORDS OP LADE COUNTY, ELOAIDA. (Isere follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution as passed and adopted by the following Vote, - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 76, AUTHORIZE CITY MANAGER r0 NEGOTIATE WITH DADE COUNTY The following resolution moved its adoption: FOR UTILIZATION OF HUD CONSULTANT EXPANSION OF RECREATION BUILDING SITE 304 CENTRAL MIAMI, PROPOSED PARK was introduced by Commissioner Gibson, who RESOLUTION NO. 75-662 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH DADE COUNTY HUD FOR UTILIZATION OF HUD'S CON- SULTANT, TO ACCOMPLISH THE EXPANSION OF THE RECREATIONAL BUILDING AT SITE 304 (CENTRAL MIAMI PROPOSED PARK) FOR THE CITY'S RECREATION PROGRAM; THE BUILDING TO BE FUNDED BY THE 1972 PARKS FOR PEOPLE BOND ALLOCATION FOR CENTRAL MIAMI PRO- POSED PARK, AND THE BUILDING FUNDS ARE TO BE SUPPLEMENTED BY HUD'S BUILDING CONSTRUCTION FUNDS FOR SAID PARK AND FOR AN ENLARGED RECREATION BUILDING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 77. AMD,QRD, 8115 CHP 34 CODE DEFINITION OF PERSONS AMENDMENT TO PARKING LOT LIGHTING ORDINANCE) AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 8115, AS AMENDED BY ORDINANCE NO. 8173, AS AMENDED BY ORDINANCE NO. 8174, AS AMENDED BY ORDINANCE NO. 8206, AS AMENDED BY ORDINANCE NO. 8218, AS CODIFIED IN CHAPTER 34 OF THE CODE OF THE CITY OF MIAMI BY AMENDING THE DEFINITION OF "PERSONS" IN SECTION 9 of ORDINANCE NO. S115 TO PROVIDE THAT THE OWNER OR OPERATOR, WHETHER PERSON, CORPORATION OR ASSOCIATION, SHALL BE FINED OR IMPROSONED IN ACCORDANCE WITH SECTION 3(aa) OF THE CHARTER OF THEH CITY OF MIAMI: REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote; AYES; Mr. Plummer, Rev. Gibson, MrS, Gordon and Mayor Ferre. NOES; None. ABSENT; Mrs Rebo$4, JUL 1-71975 the City Atterftey read the erdihahee into the public red and Aftheithdad that oopiee mere available to the Theffibete tt the City tom& t ibaiOn and to th@ pUblie. 781 APP oiRtATS $4,000 PROM MARINE STADIUM FUND 13ALANCE POR "PURCHASE OF COMMUNICATIONS EQUIPMENT TO tMPROVE SOUND SYSTEM AN ORDINANCE ENTITLED, - AN EMEkGENC`Y o btNANCE AMENDING APPROPRIATIONS ORb/NANCE NO. 8316 PASSED AND ADOPTED 0CTuBER 10, 13 4.. BY AP1'1 BRI ,TING $4, 000.Ob FROM TEE MARINE STADIUM FUND BALANCE FOR REPLACEMENT OF OBSt LETE SOUND EQUIt'MEENT AT THE STAD- IUM* REPEALING ALL ORDINANCES, CODE SECTIONS OR FARTS THEREOF' IN CONt+LIC'T, CONTAINING A SEVERABILITY PROVISION AND PROVIDING AN EFFECTIVE DATE. Was introcii eed by Commissioner Gibson and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. ABSTAINING: None. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Gordon, adopted said ordinance by the following vote: AYES: Mr. Plummer Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. ABSTAINING: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8424. 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. 79. APPROPRIATE $4,490. FROM MARINAS FUND BALANCE TO PROVIDE FOR REMOVAL OF ABANDONED DERELICTS IN DINNER KEY MARINA AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE AMENDING APPROPRIATIONS ORDINANCE NO. 8316, PASSED AND ADOPTED OCTOBER 10, 1974, BY APPRO- PRIATING THE SUM OF $4,490.00 FROM THE MARNAS FUND BAL- ANCE TO COVER THE COST OF REMOVING TEN (10) ABANDONED DERELICTS IN DINNER KEY AREA WATERS, REPEALING ALL ORDIN- ANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CON- TAINING A SEVERABILITY PROVISION AND PROVIDING AN EFFECT- IVE DATE. Was.introduced by Commissioner Gibson and seconded by Commissioner Gordon for adoption as an emergency measure' and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mr. Plummer, Rev, Gibson, Mrs. Gordon and Mayor Ferre, NOES; None, ABSENT; Mr, Reboso, ABSTAINING; None. Whereupon the Conunission on Motion of Commissioner Gibson and seconded by Commissioner Gordon, adopted said ordinance by the following vote; AYES; Mr, Plummer, Rev, Gibson, Mrs, Gordon and Mayor Ferre. NOES; None, ABSENT; Mr, Reboso, ABSTAINING; None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. S4 25, MEM 1:30 JUL 171975 The City Attorney read the ordnance into the publie rector and at ,rat 1004 that oppiel mete available to the members of the City 'onmission and to the publics 80, ALLOCATE O 000 Raiegni EAD R2ChleRYBNPV8R'mlittRABOY PARR Th6 following resolutions waa i itrcduced by cotitissiotier Pluntato who Vsed Lte adoption: RESOLUTION NO. 75=563 A (RESOLUTION ALLOCATING ING $50, bbb. bb PROM THE PA t5 FOR PEOPLE DOS RIND TO Et TRANSPERRED T6 THE GENERAL PM) TO OPPSET THE LAW A TMENI'' S COSTS INCURRED IN CONDEMNATION PROCED" URES PO t PEC PR PERTY.,LAND ACQUISITION, SISCAINE EODLEVA LATIN itIVEPPIONT PARK) MARG ,iRET" PACE PAitX EATON PAM) PT BALL S PARif, DR. MARTIN LUTHEIR ICING EOULEVAi2D PARK PROJECT, (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 voter AYES: Mr. Plummer, Bev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. AMEND CHAPTER 3 ALCOHOLIC BEVERAGES 81, OF THE CODE REPEALING SEVERAL SECTIONS AN ORDINANCE ENTITLED- AN EMERGENCY ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, THE CODE OF THE CITY OF MIAMI, BY REPEALING SECTIONS 3-1, 3-2, 3-4, 3-5, 3-7, 3-10, 3-14, 3-15, 3-16, 3-17, 3-18, 3-19, 3-20, 3-21, 3-23, 3-24, 3-25, 3-26, 3-27, 3-28 OF ARTICLE I, CHAPTER 3; FURTHER REPEALING SECTIONS 3-30, 3-31, 3-32, 3-34, 3-35, 3-36, 3-37, 3-38, 3-39, 3-40 3-41 3-42 OF ARTICLE II, CHAPTER 3; FURTHER AMENDING CHAPTER 3 BY PLACING THE DEFINITION OF NIGHT CLUB (SEC. 3-1) IN ARTICLE III AND BY RENUMBERING SECTION 3-33 AND PLACING IT IN ARTICLE III; FURTHER RE- PEALING SECTIONS 3-59, 3-60 AND 3-61 OF ARTICLE I V ; FURTHER AMENDING SECTIONS 3-62 AND 3-63 AND PLACING THEM IN ARTICLE III; FURTHER AMENDING SECTIONS 3-3, 3-6, 3-9, 3-11, 3-12 AND 3-13 OF ARTICLE I BY CHANGING "INTOXICATING LIQUOR" TO "ALCOHOLIC BEVERAGES" AND DELETING ALL REFERENCES TO THE FEMALE SEX; FURTHER AMENDING ARTICLE III BY PROVIDING OTHER "HOUSEKEEPING" CHANGES BY AMENDING SECTIONS 3-48; 3-49, 3-52, 3-54 AND 3-57; FURTHER RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; FURTHER PROVIDING SEVERABILITY AND PROVIDING AN EFFECTIVE DATE, 'rc'rP introduced by Com iccionor Plummer and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with the requirement cf reading same on two separate days, which was agreed to by the following vote; AYS ; Mr, Plummer, Rev, Gibson, Mrs. Gordon and mayor Ferre. NOES; None, ASSENT; M. Reboso, 131 JUL 17197� Mitre por thCledflab§i6h Oh Ttottbfi or ttOrhistioner Rum met and seconded icyCemmietiefter Oetde i, adopted eaid otdtha ee by time fellavih4 dote: Anti Mr* thin met, key,, Gibtons Mts. Odtdoh atmd Mayor Pette. Nat: *Me. ABSENT keboso, atAtN at Rohe* tAtb MIRAN= WAa. tstamkro p iNit NC$ NC, 8426, The City Attorney read the ordnance into the public record and atthOUhht ed that copies were available to the members of the Cityand to the puhlio 82 AUTHORIZE CITY MANAGER liONATHON 8tYM R0DAVID SCULLY III ERSt N- TO NtGOTIATE OSSNSMRG AND SSOCtATES AND 4AY OLLINS ASSOC, PRQFE oNAL DES tGN $ERV 10E FT* DALLAS PARK The following resolution was introduced by Commissioner Piummeri who moved its adoption: RESOLUTION NO. 75-664 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS FOR PROFESSIONAL LANDSCAPE AND DESIGN SERVICES FOR PT. DALLAS PARK WITH FIRMS IN THE FOL- LOWING ORDER OF PRIORITY: (1) JONATHON SEYMOUR AND DAVID SCULLY, (2) HENDERSON-ROSENBERG AND ASSOCIATES, AND (3) RAY COLLINS ASSOCIATES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso. Mayor Ferre: These are the same people, Mr. Andrews, just for the record; these are the same people that designed the walkway. Is that right? Mr. Andrews: That's right. Mayor Ferre: You're satisfied that they did a good job? Mr. Andrews: Yes. Mayor Ferre: While we're on the walkway I might share with you that the Downtown Development Authority passed a resolution the other day Oat we have an official opening with a little hoopla. In other words we're going to have a band and pop corn and maybe some competition. Maybe Plummer might challenge me to another race on a bicycle or something. 83, ACCEPT DEED OF DEDICATION - SITES 303 & 321 FOR EXPANSION OF DtgE PARK The following resolution was introduced by Commissioner Gordon, who moved its adoption; RESOLUTION NO. 75-665 A RESOLUTION ACCEPTING A DEED OF DEDICATION FOR SITES 308 AND 321 NDP 3 CENTRAL MIAMI, FLORIDA A-1 FROM DADE COUNTY FOR THE EXPANSION OF DIXIE PARK, WHEREIN THE COUNTY WILL CONVEY THE FOREGOING PROPERTY TO THE CITY UPON CERTAIN TERMS AND CONDITIONS, INCLUDING AN AGREEMENT THAT THE CITY OF MIAMI WILL EXPEND $75,000,00 FOR THE DEVELOPMENT OF THg PROPERTY (Here follows body of resolution, omitted here file in the Office of the City Glens.) 132 and on JUL 171975 MPM mmm Upon being set andesd by ComMissioner Gibson, the resolution was passed and adopted by the fallewiMg vote AYES: Mr. PlumMert Afiv. Gibson, Mrs. dordot Ahd M. yar PE H f + MOtt : HMOs USER?: COMMissioner Reboot:. AIVE E NTAL PEA "TARS UNDER THE STARS" SUMMER SERI 's A. ' AR NE TADI M SPONSORED BY a , 1AM t {EMAI. . Andrews: t reaagnise the coidt►iSSi0h is awful tired but the City Attorney hat; issued a new opintbn bft the free uses of public facilities and these two items. 62 and 63 we'd better go through with a Little greater care so that your questions can be answered by the City Attorney. I've furnished you a memorandum it reference to this. The first one is doable. We could transfer funds so if needed to the publicity Department and from there we can go ahead and achieve it. Item 63 is questionable now that you could just go ahead and allow free use.. Mayor Ferret Well, it's not questionable to me. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-666 A RESOLUTION GRANTING FREE USE OF THE MARINE STADIUM TO THE MIAMI HERALD FOR THE REMAINDER OF THE 1975 "STARS UNDER THE STARS" SUMMER SERIES ON JUNE 21, JULY 4 AND 19, AUGUST 2, 17 AND 30; SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Commissioner Reboso. LATIN AMERICAN & FREE CUBANS 4CADEMY 85, WAIVE RENIAL FEE BASEBALL SERIES OASERALL YTADIUM Mr. Andrews: Item 63 you have to decide is it for a puroic purpose or will pub- licity be obtained which will attract people from outside the greater Miami area or is it for official City of Miami charity and if it is... Thereupon Mayor Ferre read a letter addressed to Mr. Manne1 Reboso from Alfonso Rodriguez and Vicente Lop6z dated June 11, 1975 into the record. Said letter is made a part of the records of this meeting. Mayor Ferre: We have done this in years past and I'm sorry Reboso is not here to speak for it on his own but I think we ought to pass it. The following resolution was introduced by Commissioner Gordon, who moved its adoption; RESOLUTION NO. 75-667 A RESOLUTION GRANTING FREE USE OF THE MIAMI STADIUM FOR PRESENTATION OF A BASEBALL SERIES BY THE LATIN AMERICAN AND FREE CUBANS ACADEMY ON AUGUST 22, 23, AND 24; SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) s 1� 1 l 1 75 Hpen beift'g se Banded by Cdmmimitoftet thom6r thhfi 'test lUtiofl `Wa:§ pulsed mid Ad ted bythb teAl6W fig date= ASS: Mt4 Plummerl Amt. ttb tt, e$ aotdof'' ar d t*aybt Pette. Ab§tNT1 w seitt et Reboso. ISSUE WASTE COLLECTION LIcENSE MILLO TRASH SERVIa The following resolution was ititrodueed by Commissioner tlttrter, t: e thovsed its adoption: tESt LUTION NO. 7 668 A R SOtt?tION AUTHOf/EINC THE ISSUANCE OF A WASTE COLLECT-, ION LICENSE TO MILLO TRASH SERVICE. (here fbilows body Of resolution, otitted here and oh file in the Office of the City Clerk.) Upon being seconded by Cotdtissioner C 3rdon, the resolution Was passed and adopted by the following Vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 87 CLAIM SETTLEMENT EDNA PEARSON The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75.669 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EDNA PEARSON, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $600.00 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES SUSTAINED BY HER, UPON THE EXECUTION OF A RELEASE RELEAS- ING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Mr. Plummer, Rev Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 88, ADVISORY COMMITTEE ON SUBSTANCE .4BUSE - DEFERRED Mayor Ferre: I don't have anybody for 66' and neither does Plummer. Do you? Mrs. Gordon: I had appointed someone before. Mayor Ferre: Well, get some more names because nobody seems to be coming up with names. This is the third time we've postponed this... Mr. Plummer: I've asked Ben Sheppard to recommend a name to me,.. You know where we've got to have experts, I don't know a man that is more of an expert than Ben Sheppard, So that's why I asked him to recommend to me. We'll just pass it by and put it on the next agenda..., AUTHO 2E A I N 1iM 14ATSON TRtt 'SE vice sg.TO AIR EMENT GRIND PALM STUMPS INSTEAD GP REMOVING PALMS tollne res8 titte i VW; L ttrodueed by tommlo beet Mummer, tht moved Ita adoptio MOLt91ION NO. Y.Si 4, 0 A RESOLUTION AUTHOM/ tO AN AbbNNbUM TO A Pt2 V tOUS AtGMiYt T WITH WATSON TILER HEW= t EAtHY wADsoN TREE SEW= mum TO ORINO PAIN TAtR STUMPS AT A Ptt OE $ 3. D0 PER STUMP # IN LIEU OP ITS PAMIO fS AOHttMENT lb PEMOAlt PALM TREES AT $0.00 PER TREE. (Here follows boy of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolutioh was passed and adopted by the following vote - AYES: Mr. Plummer, Rev, Gibson, Mrs. Gordon and Mayor Rerre. NOES: None. ABSENT: Mr. Reboso. "AFRICAN SQUARE" PORTION OF MLK BLVD. 90. ALLOCATE i.O 000 PROFESSIONAL AND TECHNICAL SERVICES , uQQ INCIDENTAL pXmCIS The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION N0. 75-671 A RESOLUTION ALLOCATING $30,000 FOR PROFESSIONAL AND TECHNICAL SERVICES AND $7,000 FOR INCIDENTAL EXPENSES FROM THE ACCOUNT ENTITLED "PUBLIC PARKS AND RECREAT IONAL FACILITIES BOND FUND" FOR THE DEVELOPMENT OF THE AFRICAN SQUARE PORTION OF THE DR. MARTIN LUTHER KING BOULEVARD PROJECT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. ACCEPT QUIT CLAIM DEED TRACT "A" - MIAMI MUNICIPAL TRACT 91, FROM DADE COUNTY S.W. CORNER N.!'W. 20 STREET & 12 AVENUE The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-672 A RESOLUTION ACCEPTING QUIT CLAIM DEED FROM DADE COUNTY, FLORIDA, CONVEYING TO THE CITY OF MIAMI A PORTION OF TRACT A OF MIAMI MUN- ICIPAL TRACT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4169 AT PAGE 540 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LOCATED AT THE S.W. CORNER OF N.W. 20TH STREET AND 12TH AVENUE, TO BE USED FOR THE CONSTRUCTION OF A FIRE STATION; AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAME IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote AYES; Mr, Plummer, Rev, Gibson, Mrs, Gordon and Mayor Ferre, NOES; None, AH$ T; Mr, Beboso, 104 URGE AND ENCOURA6i PI RCKASt AND Utt OP LOCAL PRODUCTS AND SERV C � S Mayor Vetrot tat !Cm eltplain this* Over the years the 'State legtsIatute, the City of Orlando* bade County and sb Oh have passed tO§olUtioht urging city governments and people to give priority to looill purchases-. 1n 'othet words if we've lot taxpayers ti the City of Miami and if somebody produces A pen 'at,d it costs the game why buy it tram somebody in California when we tan buy it from tomebody who makes it in Miami* It it jest that si ►pie. Mr* Plummet YOU Mean All pfiees being equal we buy from the local perso i7 Mayor i erret Of course. The following resolution was intrbduced by Chit tiissioner Plummer, who totted its Adoption:' RESOLUTION NO. 755-673 A RESOLUTION URGING AND ENCOURAGING TIE PURCHASE AND USE OP LOCAL PRODUCTS AND SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 93, ACCEPT BID - UNIFORMS FOR VARIOUS CITY DEPARTMENTS The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-674 A RESOLUTION ACCEPTING THE BID RECEIVED FROM DETROIT OVERALL MANUFACTURING CO. FOR FURNISHING WORK UNIFORMS FOR CITYWIDE USE FOR ONE YEAR FROM DATE OF AWARD AT A COST OF $30,103.14, PROVIDING THE CITY RESERVES THE RIGHT TO ORDER MORE OR LESS, AS NEEDS DICTATE, IRRESPECTIVE OF THE QUANTITY LISTED ON THE BID FORM; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHAS- ING DEPARTMENT TO ISSUE PURCHASE ORDERS, AS NEEDED; FUNDING TO BE PROVIDED FOR BY EACH DEPARTMENT'S 1974-75 AND 1975-76 FISCAL YEAR BUDGET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 94, ACCEPT BID - VEHICL.E PARTS & ACCESSORIES DEPT OF PUBLIC PROPERTIES The following resolution was introduced by Commissioner Plummer, who moved its adoption; RESOLUTION NO. 75-675 A RESOLUTION ACCEEPTING THE SIDS RECEIVED FROM TWELVE (12) SUP- PLIERS OF VEHICLE PARTS AND ACCESSORIES FOR FURNISHING VEHICLE PARTS AND ACCESSORIES FOR USE BY THE DEPARTMENT OF PUBLIC PROP- ERTIES, FOR ONE (1) YEAR FROM DATE OF AWARD, TO BE USED BY THE GARAGE AND MOTOR POOL DIVISIONS, AT AN ANNUAL COST OF $175,000; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO ANNUAL CONTRACTS WITH THESE SUPPLIERS FOR THE PURCHASE OF SAID MATERIAL AS NEEDED. (Kers fells body o resolution/ omitted h to and oh tIls in the iffies of the City e'lett<, ) Upon being seconded by tat niasiOh6t 2 tden, the resbluttaf was passed aid adopted by the following Vbte- AVM Mr. Plummer, Rev, Gibson, Mrs. Oordbr and Mayor i`er r. Nam gone ASSI UT t Mr, l ebogo 951 ACCEPT BID - HEAVY EQUIPMENT PHAS II -DEFT OF PUBLIC PROPERTIES ffihe following resolution was introduced Sy Cotmissioner Gibson, U410 moved its adoption tES( Lt1TION NO, S-6/6 A RESOLUTION ACCEPTING THE B/D RECEIVED FROM CALLAHAN MOTORS COMPANY FOR HEAVY EQUIPMENT. PHASE II, SIX (6) 20' RUBt3ISH EODIt3S FOR THE DEPARTMENT Off' PUBLIC PROPERTIES AT $3, 050.00 PER UNIT, TOTALLING $18,200.00; AUTHOR.=ING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT AFTER DETERMINING THAT FUNDS ARE AVAILABLE FOR THIS PURPOSE FROM THE CITY GARAGE REPLACEMENT RESERVE ACCOUNT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote- AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. 96, RESCIND BID AWARD TO MINORITY SYSTEMS INC. FOR ORANGE BOWL WATER MAIN IMPROVEMENTS Mr. Andrews: Let me explain that because it is important for the commission to know what the administration is doing here in -Crying to keep the policy of the City Commission. The reason that we're rejecting it rather than recommending award to the second low bidder, the second low bidder would have been $4,000 more but because the Minority contractor, and this is truly a minority contractor, couldn't get a one year performance bond we decided to reject all the bids and readvertise this and work the specifications out so that the Minority contractor could re -submit his bid without a performance bond if we required the F :anent at the end of the project.' Now if he has trouble financing his project we're going to go to some of the minority banks that have come befor the commission and say now you get together with this minority contractor and finance his project if you really want to do something and keep in good faith with the City Commission. Mr. Plummer; That could prove interesting. Mayor Ferre; That's a way they can prove whether they're really minority banks or not. The following resolution was introduced by Commissioner Gibson, who moved its adoption; RESOLUTION NO. 75-677 A RESOLUTION RESCINDING THE BID AWARDED TO MINORITY SYSTEMS INC. ON JUNE 5, 1975 BY RESOLUTION NO, 75-543 FOR THE ORANGE BOWL WATER MAIN IMPROVEMENTS - 1975; AND AUTHORIZING THE CITY MANAGER TO REJECT ALL BIDS AND TO READVERTISE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk,) JUL 171975 ism Upon being seconded by Commissioner Plummer, the resolution Waa passed and adopted by the following V te0 AY2A 1 Mr. Plummer, V. Gibson, 'Its. Cordon and Mayor Perte, RNA: : None. WENT: Mt. Reboso. ISSUANCE TEMPORARY TAX $ . s 250 000 BONDS Mr, Andrews: I'm willing to give the ooiilmissioh ekplanation. Por those unantiii t ipated expenses that the city is going tb face in certain judgement cases they can become quite extensive this year, otter a million dollars, ate want this panic. ular resolution adopted in the even that we need this kind of authority to go to the debt service that we can go ahead and make payment by the issuance of bonds and carry it in the daht netuine rather it trip (ennta , pitnd. Mayor Ferret I like that. Mr. Andrews: And it legally can be accomplished, it doesn't increase the Ceheral Fund, we don't have the miilage problem to Worry about because of carrying it and it will not be exercised unless it is actually needed. We won't settle anything unless we come to the City Commission through the City Attorney to get approval to do so anyway. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-678 A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,250,000 TEMPORARY TAX ANTICIPATION BONDS OF THE CITY OF MIAMI, FLORIDA, MATURING NO LATER THAN 12 MONTHS FROM THE DATE OF ISSUE, FOR THE PURPOSE OF PROVIDING FUNDS IN ANTICIPATION OF REVENUES, INCLUDING REVENUES TO BE DERIVED FROM AD VALOREM TAXES LEVIED BY THE CITY; OF MIAMI, FOR PAYMENT OF JUDGEMENTS AND CLAIMS AGAINST THE CITY OF MIAMI FOR WHICH NO FUNDS ARE AVAILABLE IN THE CURRENT OPERATING BUDGET; PROVIDING FOR THE SALE OF SAID BONDS; PROVIDING FOR THE SALE OF SAID BONDS; PROVIDING FOR THE BONDS TO BE PAYABLE NO LATER THAN OCTOBER 1, 1976; PROVIDING FOR A DEBT SERVICE LEVY OF AD VALOREM TAXES BY THE CITY TO REPAY SAID BONDS; AND PROVIDING FOR THE VALIDATION AND SALE OF SAID BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso Mayor Ferre: In voting Would like to warn Mr. Bailey and the administration to remember what happened to Abe Beam with anticipation bond taxes. Mr. Andrews: This is not the same thing, no sir. We're paying as we go, Mr. Mayor, Mayor Ferre; I know, and so is he. Mr, Bailey; This is totally different. In all seriousness, this is the first time since I've been in the city that this particular method has been used and this only because of an emergency situation, We've had several drastic reduct- ions in estimated income this year through no fault of the ,..� 138 JUL 171975 98 ORANT PREe USE OP "'OPPORTUNITIES INDUSTRIALIZATION NTER, tNC DAYPRONT PARK OPeRATOR OF SUMMER TEEN EMPLOYMENT PPORAM AUr4TPAIuM !SDff WmikitR AFFAtil F0,11 XO9TH4 The following reaolution was introduced by Commieeioner Plummer, who moved ite adoption: PEAOLUTION NO4 75-679 A RESOLUTION GRANT/NO PREA UAL OP EAYPRoNT PATM AUDITOR/UM TO OPPORTUNITIES /NDUSTRIALI2ATION CENTER, tNG., oPERATOR OP THE 1975 SUMMER TEEN EMPLOYMENT PROGRAM, TO HOLD AN END OP AUMmtA APPA/k POR ALL YOUTHA, PARENTS AND CoMmUN/TY LEADERS INVOLVED IN SAM PROGRAM ON AUGUST 70 1975, PROM 7:D0 P*M. THRoUGH 1100 P.M., SUBJECT TO ADVANCE PAYMENT FOR EVENT PERSONNEL, INSURANCE AND OTHER DIRECT COSTS TO BE BORNE BY THE SUMMER TttN EMPLOYMENT PROGRAM, (Here follows body of resolution, otnitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following Vote - AYES: Mr, Plummer, Rev, Gibson, Mrs. Gordon and Mayor Ferre. NOES: None, ABSENT: Mr. Reboso 99, SUPPORT PASSAGE OF :INTERGOVERNMENTAL COUNTERCYCLICAL ASSISTANCE ACT" QF 1975 Mayor Ferre: On this next item which is (e) I would like to explain this a little bit. As you know from reading the newspapers the United States Senate is passing a bill which would have far reaching consequences called the Counter - cyclical - Intergovernmental Countercyclical Assistance Act of 1975. It is sponsored by Senator Hubert Humphrey and others and in affect what it will do if it passes is it will provide two billion dollars of aid, 2/3 of which will go directly to cities who have unemployment in excess of 6% on a proportionate basis and there are other criteria involved with the decision. Now as I under- stand it the move is afoot for that bill to be added to Speaker CArl Albert's bill which is a four billion dollar bill of public works in the house. Then at conference it will be passed, joined together, passed to the President and as I understand the President might have a little reluctance to veto this one. Mr. Andrews: Not only that, this bill that you've talked about initially, not the Albert Bill, provides that for every one percent increase above that above a certain percentage they're going to add a billion dollars. Mayor Ferre: Yes. I would like to give you the figures for the City of Miami - $938,000. That's what we'll be getting if this thing passes. Now I would like for our colleague, J. L. Plummer to carry the ball on this one. I'll go with him if he wants to the League of Cities and the Florida League of Cities because think we ought to support our senators and I would like very much for this item to be immediately mailed to our two U.S. Senators and our three fepresentatives. If you will copy, Mr. Lloyd, you have here a copy of the resolution as drafted by Maynard Jackson of Atlanta. So if you will just follow that and you'll have to change the numbers. Paul Andrews, you'll have to get the figures for Miami. I would recommend that you just have somebody call Mark Israel or somebody and have them track them down. ... All you've got to do is get on the pnone and call Washington and get the numbers. You can call Senatory Humphreys office or Senator Stone or get them from Mark Israel but I want our figures in here and I want Dade County's figures because I want these guys to know that this is a lot of money. Mr, Andrews: Not only that, we want to have the impact of the city inquiry and so forth. Mayor Ferre; You'll follow that up, will you, Mr, Andrews? Mr. Andrews: Yes, in the morning, 139 JUL 171975 The foiling ttott waif ihtrtoed by bliis>5tbhef gibsoi"i, mho MO fec its at eptib? MOTION NO 7gate0 A MOTION SUPPOATINd THE PASSAGE OP tHt INTEACOVEHNMENTAL cOUNITAA, CYCLICAL ASSISTANCE ACT tip ion Pktotnrix bttNG Cbt1S1bbRtb by THH Upon being eecohded by t2 iitntlissaotier p .utnm r, the MOtiOn was passed and adopted by the f011owi q Vote AYES: Mr plutmmter, AeV, Gibson, Vire. Gordon and Mayor Perre, NOES: None, ABSENT: Mr. Reboso. _ $25 000 FROM APPROPRIATED DAY CARE FUNDS 100. BRIEF DISCUSSION - ITEM "F" !TEM WAS WITHDRAWN AFTER A BRIEP DISCUSSION Mrs. Gordon: Wait a minute, just a minute. Again we're back to taking money from the bay Care Centers for some other. I'm sure, Mr. Andrews, you can find $25,000 somewhere. I'm positive, you found 402 this morning or a little while ago. I'm not moving this. I know you can find $25,000 somewhere else besides the bay Care Centers. Don't tell me you can't, you find it all the time when- ever you want to. If you don't want to that's another story... found about 200 and some odd thousand from some other source. If I get my hands back on the papers I'll tell you exactly which one. Mayor Ferre: Well let's not get into an argument, you're not going to get it passed here and that's it unless somebody wants to move on it which I don't hear anybody so it's... AMEND ORD. 8316 APPROPRIATE $4,101,90 UNANTICIPATED REVENUES 101, INTERNATIONAL FOLK FE4TtYAL & INTERNATIONAL BALL AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8316, THE APPROPRIATION` ORDINANCE FOR THE FISCAL YEAR 1974-75, BY APPROPRIATING AN ADDITIONAL $4,101.90 FROM UNANTICIPATED REVENUES AND ADDING THAT TO THE PUBLICITY FUND FOR THE 1975 INTERNATIONAL FOLK FESTIVAL AND INTERNATIONAL BALL; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CON- FLICT, IN SO FAR AS THEY ARE IN CONFLICT; AND PRO- VIDING AN EFFECTIVE DATE. Was introduced by Commissioner Gordon and seconded by Commissioner Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Mr, Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. ABSTAINING: None. Whereupon the Commission on motion of Commissioner Gordon and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES None, ABSENT: Mr. Reboso. ABSTAINING: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8427. 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. 140 JUL 171975 Oak 102 URGING RESIDENTS or CITY AttItT IN S EiiN1` OF INDO H INA REFUGE Tho tollowitig res6ltiot ma§ inttoduded by Cot ttiiSsionet Plummet, who ma d Ito adoptio REIOLUTtNN NO4 7S folq A RESOLUTION MING THE CITY Off' MIAMI, WITH THE ASSISTANCE OP VOLUNTARY RESETTLEMENT AGENCIES AND LOCAL VOLUNTARY Mb CIVIC biZGANI A "1t NS * TO OtM 1TYi Tla 'Ei E AND STATE' GOVEANMEN 'S IN ASSUMING itESPONstEfi.l' Y Etta ,' RE EPCNSOASM1P, RESETTLEMENT T AND ASSIMILATION OP "INb HINESE Among INTO AME CAN COMMUNITIES, NOTHING }IE tEIN IMPLYING ANY FINANCIAL AESPONSIEt1VTY ON THE PART ce THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote= AWES: Mr. Plummer r Rev. Gibson, Mrs, Gordon and Mayor Ferre. NOES: None, ABSENT: Mr. Reboso. IDS• BRIEF DISCUSSION ITEMS AND ADJOURNMENT OF MEETING Mayor Ferre: We have a letter here from the Coconut Grove Chamber of Commerce to Paul Andrews about the Perriwinkle plan for the BiCentennial. Now Paul, are you for the Perriwinkle Plan? That'sall I want to know. Mrs. Gordon: What did we do about that sensory park for the blind? We didn't take that up at all. Mayor Ferre: That's going to come up on Tuesday. Now are you telling me that we've got, that we're here for the Perriwinkle Plan, Paul? Mrs. Gordon: Oh, another little item, the Boy Scouts of America is having the Dolphins Banquet and I sent the memorandum to the Manager with the invitations to the commissioners and I have this memorandum back which says for us to take care of ourselves. With reference to your memorandum with enclosed brochures and reservation forms my feeling would be to each commissioner that they manage to make his or her own recommendation to attend this banquet. I've made mine but I wondered if the other commissioners are interested in going. Mayor Ferre: I'm going, I'm going with you. Mrs. Gordon: Mr. Andrews, are you interested in going to the Dolphins' Banquet for the Boy Scouts of America? Mr. Andrews: Yes. Mrs. Gordon: You are, I think it would be very nice if we had a table of 10 from the City of Miami. It is on the first of August and you can consider it a worthwhile donation. I believe it's a Friday. Mayor Ferre: I don't think the City of Miami should pay a thousand dollars. Mrs. Gordon: No, I didn't say that, Maurice, but I mean reserve a table for.,. Mayor Ferre; Well, I'11 sit with you and I'll buy two tickets. In fact, I've already got caught with that. I've already bought them. Mrs. Gordon; Alright, Then we'll say it is the City of Miami and we'll try to get the other six seats sold, Mr, Andrews; I will the other six seats. Mrs, Gordon: You will? Oh fine, good. Then we'll deliver the message. Mayor Fevre; NQw I would like to remind everybody, please that we have the dedication of the Abe , , , I would like to remind the commission that tomorrow 141 at 1O0O ak Piagamt . atk we have the dedication of the Abe Coldmao bui1.dLhgi All rtg'htt Sea you trxr►orr o1 Oozed ,ra 1 t. Arid tuoaday ,at about 0 6b O' l ek be ready tar about 4 Hours oaf talk We ara adjeurnod. THERE BEING NO PUMT1ER BUSINESS TO COME titFOR THE CITY LOMMISSION, �9DULY MADE AND SECONDED, �� MEETING �As Pirk ATTEST: 1� ITY 1. CLRK SouTW RN C RALPH Gi ONGIE ASSISTANT CITY CLERK MAURICE Ai FERR MAYOR 42 JUL 171975 1 DOCUMENT MEETING DATE: III 11:111 July 171575 ITE4 NO DCWMENT 1 IF!CATION COMMISSION RETRIEVAL ACTION CODE NO. 10 11 12 13 14 15 COMMISSION AGENDA AND CITY CLERK REPORT EXPRESSING THE DEEPEST SYMPATHY AND CONDOLENCES OF THE CITY COMMISSION TO THE FAMILY OF THE LATE WOODY DEFORD. CONFIRMING THE ORDERING RESOLUTION NO. 75557 CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF JEFFERSON HIGHWAY IMPROVEMENT H-4350 IN JEFFERSON HIGHWAY IMPROVEMENT DISTRICT H-4350 GRANTING A ONE YEAR EXTENSION OF THE VARIANCE GRANTED TO PERMIT CONSTRUCTION OF PARKING GARAGE ON LOTS 9, 10 19, AND 20, BLOCK 9, SHORECREST. ACCEPTING THE MAY 19, 1975 COVENANT TO RUN WITH THE LAND, EXECUTED BY FEDERATED DEPARTMENT STORES, INC. RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN EXECUTING THE CONTRACT WITH MR. PAUL WEBER TO PERFORM PROFESSIONAL SERVICES AS A CLAIMS SUPERVI- SOR. AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH STANFORD RESEARCH INSTITUTE TO PROVIDE PROFESSION- AL AND TECHNICAL SERVICES . AUTHORIZING THE CITY MANAGER TO PAY PANCOAST ARCHITECTS INC. ET AL THE SUM OF $8,991.00 ALLOCATING A TOTAL OF $50,000.00 FROM POLICE BOND FUNDS TO REIMBURSE THE GENERAL FUND FOR PERSONNEL COSTS POR THE DEVELOPMENT OF THE POLICE MODERNIZATION PROGRAM AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE DE- VELOPMENT OF THE LAND UNDERNEATH I-95'BETWEEN N.W. 4TH STREET AND N.W, 6TH STREET INTO PARKING AREAS. AUTHORIZING THE CITY ATTORNEY TO FILE AN INJUNCTION SUIT, OR SUCH OTHER ACTION AS HE MAY DEEM, APPROPRIATE FOR THE PURPOSE OF ENJOINING OR PREVENTING FURTHER HELICOPTER OPERATIONSAT HE PALM BAY CLUB. GRANTING PERMISSION FOR FILL OF SUBMERGE, UPLATTED LAND BY THE CITY OF MIAMI, BEING BAY FRONT PARK, AD- JACENT TO BAY FRONT PARK AS SHOWN ON THE MASTER PLAN FOR BAY FRONT PARK BY EDWARD D. STONE, JR, OFFICIALLY VACATING AND CLOSING N,W. 12TH STREET APPROXIMATELY 255' EAST OF X-WAY, OF N,W, 11TH TERRACE APPROXIMATELY 220' EAST OF X-WAY. AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HARRY, OPPENHEIMER, ROSS AND ASSOCIATES, TO PRO- VIDE PROFESSIONAL AND TECHNICAL SERVICES FOR THE CON- VERSION OF THE COCONUT GROVE INCINERATOR SITE, R-75-608A R-75-609 R-75-610 R-75-615 R-75-621 R-75-623 R-75-626 R-75-627 R-75-628 R-75-629 R-75-630 R-75-632 R-75-633 R-75-635 0104 75-608A 75-609 75-610 75-615 75-621 75-623 75-626 75-627 75-628 75-629. 75-630 75-632 75-633 75-635 11M NO. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 OCUMENT IDENTIFICATION AFFIRMING THE COMMITMENT or THE CITY OP MIAMI TO A POLICY or AFFIRMATIVE ACTION IN EMPLOYMENT AND ADOPT- ING THE CITY OF MIAMI AFFIRMATIVE ACTION PLAN AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT WITH PEAT, MARWICK, MITCHELL, AND COMPANY AUTHORIZING AN APPLICATION BY THE CITY MANAGER TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION FOR A GRANT TO DEFRAY THE COST OF A S.T.O. P. AUTHORIZING AN APPLICATION BY THE CITY MANAGER IN BEHALF OF THE CITY TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION FOR A GRANT TO DEFRAY THE COST OF AN AUTOMATIC COLOR PHOTO R-75-636 R-75-637 R-75-638 R-75-639 AUTHORIZING APPLICATION BY THE CITY MANAGER IN BEHALF OF THE CITY TO THE DEPARTMENT OF JUSTICE, LAW ENFORCE- MENT ASSISTANCE ADMINISTRATION FOR A GRANT TO DEFRAY THE COST OF A COLOR VIDEO EQUIPMENT PROJECT TO BE ADMINISTERED BY THE CITY OF MIAMI POLICE DEPT. R-75-640 ACCEPTING THE BID RECEIVED FROM GENERAL PRINTING EQUIPMENT FOR FURNISHING AN OFFSET PRESS FOR THE POLICE DEPARTMENT AT A TOTAL COST OF $4,995.00 R-75-641 ACCEPTING THE BID RECEIVED FROM ADVANCED TRAINING SYSTEMS, INC. FOR FURNISHING ONE COM M3NDER DUELTRON SYSTEM AT A TOTAL COST OF $7,371.83 R-75-642 ACCEPTING THE BID RECEIVED FROM DOWNTOWN CHRYSLER PLYMOUTH FOR FURNISHING FOUR (4) PASSENGER VANS FOR USE BY THE SCHOOL RE- SOURCES DETAIL/POLICE DEPT. AT A TOTAL COST OF $24,010.00 ACCEPTING THE COMPLETED WORK OF MARKS BROTHERS COMPANY FOR THE CONSTRUCTION OF LE JEUNE GARDENS HIGHWAY IMPROVEMENT H-4353 ACCEPTING THE COMPLETED WORK OF MARKS BROTHERS COMPANY FOR THE CONSTRUCTION OF S.W. 22 STREET HIGHWAY IMPROVEMENT H-4369 ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $5,057,00 ACCEPTING THE PLAT ENTITLED HALF MOON SUB- DIVISION IN THE CITY OF MIAMI. ACCEPTING THE PLAT ENTITLED EDISON PLAZA. ACCEPTING THE PLAT ENTITLED KREIDTLAND SUB, DIVISION ACCEPTING THE PLAT ENTITLED MICANOPY WOODS, ACCEPTING THE PLAT ENTITLED IRENE'S SUBDI- VISION R-75-643 R-75-644 R-75-645 R-75-646 R-75-647 R-75-648 R--75-649 R-75-650 R-75 651 75-638 75-640 75-641 75-642 75-643 75-644 75-645 75-646 75-647 75-648 75-649 75-650 75-651 37 38 39 40 41 43 NDEX ONTINUED bocumems IDENT/ tcAT!ON ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $159,260.50 ORDERING N.Ee 59TH STREET HIGHWAY IMPROVEMENT H-4392 AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF FASHION SANITARY SWERE IMPROVEMENT SR-5402 AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF SOUTH BAYSHOR DRIVE AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSIN OF THE COMPLETED CONSTRUCTION OF SOUTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT H-4342 AUTHORIZING THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5342 C ALLOCATING FROM THE SPECIAL REIMBURSEMENT FUNDS WHEN RECEIVED BY THE CITY UNDER PUBLIC LAW 92-500: $50,000.00 TO BE PLACED IN THE SPECIAL FUND ESTABLISHED FOR SERVICES AND COMMODITIES NEEDED FOR MISCELLANEOUS PROGRAMS ALLOCATING FUNDS IN THE AMOUNT OF $110,950 TO THE DEPARTMENT OF PARKS AND RECREATION ALLOCATING FUNDS IN THE AMOUNT OF $144,225.00 TO THE DEPARTMENT OF PARKS AND RECREATION FOR THE PURCHASE OF PARK FURNITURE. AUTHORIZING THE CITY MANAGER TO EXECUTE COVENANTS RUNNING WITH THE LAND ON PARCELS NO. 2 AND 4 OF THE LATIN RIVERFRONT COMMUNITY PARK AUTHORIZING THE CITY MANAGER TO NEGOTIATE W7'I'JI 1)AI)E COUNTY HUD FOR UTILIZATION OF HUD'S CONSULTANT, TO ACCOMPLISH THE EXPANSION OF THE RECREATION BUILDING AT SITE 304 FOR THE C1'('Y OF MIAMI RECREATION PROGRAM, ALLOCATING $50,000,00 FROM THE PARKS FOR PEOPLE BOND FUND TO BE TRANSFERRED TO THE GENERAL FUND TO OFFSET THE LAW DEPARTMENT'S COSTS INCURRED INC CONDEMNATION PROCEDURES FOR FEC PROPERTY -LAND ACQUISITON, BISCAYNE BOULEVARD. LATIN RIVERFRONT PARK AND DR, MARTIN LUTHER KING BOULEVARD PARK PROJECT R-75-652 R,75-653 R-75-654 R-75-655 R-75-656 R- 75-657 R-75-658 R-75-659 R-75-660 R-75-661 R-75,-662 R-75c663 75-652 75-653 75-657 75-658 75-659 75-660 75-661 75-662 75¢663 moomor mmommo 44 45 46 47 48 49 50 51 52 53 54 55 56 DOCUMENT tDINTIF1CATION AUTHORIZING THE CITY MANAGER To PROCEED WITH NEGOTIATIONS FOR PROFESSIONAL LANDSCAPE AND DESIGN SERVICES FOR FT. DALtAS PAR1t WITH FIRMS IN THE FOLLOWING ORDER OF PRIORTY. ACCEPTING A DEED OF DEDICATION FOR SITES 308 AND 321 NDP 3 CENTRAL MIAMI, FLORIDA A-1 FROM DADE COUNTY. DEX ONTINUED �1�N N • RETR��1/l�� GRANTING FREE IJSE OF THE MARINE STADIUM TO THE MIAMI HERALD FOR THE REMAINDER OF THE 1975."STARS UNDER THE STARS" SUMMER SERIES ON JUNE 21, JULY 4 AND 19, AUGUST 2, 17 AND 30. GRANTING FREE USE OF THE MIAMI STADIUM FOR PRESENTATION OF A BASEBALL SERIES BY THE LATIN AMERICAN AND FREE CUBANS ACADEMY ON AUGUST 22, 23 AND 24. AUTHORIZING THE ISSUANCE OF A WASTE COLLEC- TION LICENSE TO MILLO TRASH SERVICE. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO EDNA PEARSON, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $600.00 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY OF MIAMI. AUTHORIZING AN ADDENDUM TO A PREVIOUS AGREE- MENT WITH WATSON TREE SERVICE WHEREBY WATSON TREE SERVICE AGREES TO GRIND PALM TREE STUMPS AT A FEE OF $3.00 PER STUMP, IN LIEU OF ITS PREVIOUS AGREEMENT TO REMOVE PALM TREES AT $9.00 PER TREE ALLOCATING $30,000 FOR PROFESSIONAL AND TECH- NICAL SERVICES AND $7,000 FOR INCIDENTIAL EXPENSES FROM THE ACCOUNT ENTITLED "PUBLIC PARKS AND RECREATIONAL FACILITIES BOND FUND. ACCEPTING QUIT CLAIM DEED FROM DADE COUNTY, FLORIDA, CONVEYING TO THE CITY OF MIAMI A PORTION OF TRACT A`OF MIAMI MUNICIPAL TRACT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 4169 AT PAGE 540 OF PUBLIC RECORDS OF DADE. URGING AND ENCOURAGING THE PURCHASE AND USE OF LOCAL PRODUCTS AND SERVICES. ACCEPTING THE BID RECEIVED FROM DETROIT OVERALL MANUFACTURING CO, ACCEPTING THE BIDS RECEIVED FROM TWELVE (12) SUPPLIERS OF VEHICLE PARTS AND ACCESSORIES FOR FURNISHING VEHICLE PARTS AND ACCESSORIES FOR USE BY THE DEPARTMENT OF PUBLIC PROPER- TIES, ACCEPTING THE DID RECEIVED FORM CALLAHAN MOTORS COMPANY FOR HEAVY EQUIPMENT: R-75-664 R-75-665 R-75-666 R-75-667 R-75-668 R-75-669 R-75-670 R-75-671 R-75-672 R-75-673 R-75-674 R.-75--675 R-75 676 75-664 75-665 75-666 75-667 75-668 NDEX ONTINUED RESCINDING THE BID AgARDED To MINORITY SY- STEMS INC. ON ,TUNE 5, 1975 'SY RESOLUTION N0, 75-543 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $1,250,000 TEMPORARY TAX ANTICIPATION BONDS OF THE CITY OF MTAMI GRANTING FREE USE OF BAYFRONT PARR AUDITORIUM TO OPPORTUNITIES INDUSTRIALIZATION CENTER, INC. URGING THE CITY OF MIAMI WITH THE ASSISTANCE OF VOLUNTARY RESETTLEMENT AGENCIES AND LOCAL VOLUNTARY AND CIVIC ORGANIZATIONS, TO JOIN WITH THE FEDERAL AND STATE GOVERNMENTS IN ASSUMING RESPONSIBILITY FOR THE SPONSORSHIP, AND ASSIMILATION OF INDOCHINESE REFUGEES INTO AMERICAN COMMUNITIES. fltM -.., R-75677 R-75-678 R-75-670 R-75-681 75=678