Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC 1975-09-04 Minutes
13. 14,A 1:1 INDEX NINES OF REGULAR MEETING CITY COMMISSION OF MIAMIA FLORIDA OBJECTIONS TO CONFIRMING ORDERING RESOLUTION NO. 75-653 FOR N.E. 59 ST.HIWAY IMP 1i-4392 OBJECTIONS TO CONFIRMING ORDERING RESOLUTION NO. 75-735 FOR BISCAYNE WEST HIWAY 11? t -439 PROPOSED CHARTER AMENDMENT --ADDING BATALLION CHIEF TO UNCLASSIFIED POSITIONS PARKING LOT LIGHTING ORDINANCE -AMENDING ORD, 8115, 8173,8174, 8206,8218, and CHAPTER 34 of the CODE DOWNTOWN DEVELOPMENT AUTHORITY- MAKING APP- ROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 1976 MILLAGE ORDINANCE MIAMI RIVER WALKWAY GRANT PETITION FOR PLANNED AREA DEVELOPMENT 2000 SOUTH BAYSHORE DRIVE REQUEST FOR NIGHT SESSIONS IN MAGISTRATES COURT TO CONSERVE TIME FOR CITY POLICEMEN REQUIRED TO TESTIFY AMEND ORD. 2230 TO INCLUDE POSITIONS OF ASSISTANT CITY CLERK ASSISTANT EXEC.SECTY.CIVIL SERVICE BOARD ASSISTANT EXEC.SECTY.PLANNING BOARD 9. ACCEPTING COMPLETED ARKO MECHANICAL CONTR. (FIRE MAINTENANCE BUILDING HEATING 1975) 10. DREDGE PERMIT- NEW PORT OF MIAME METRO DADE COUNTY DEPT. OF PUBLIC WORKS 11. ACCEPT PLAT - ZULETA TRACTS 12. ORDERING SIMPSON SANITARY SEWER IMPROVEMENT SR-5391 C and S �ry RES.75-785 12 RES.75-786 13 RES.75-787 13 • REs.75-778 RES.75-779 ORb. 8436 oRb,8437 oRb.8438 010.8439 DISCUSSION RES.75-789' MOT.75-781 FIRST READ. 11 RES.75-782 11 12 ACCEPT HIGHWAY RIGHT OF WAY DEE:) ALEIDA HERNANDEZ-ALAPATTAH HOME5ITES SETTLEMENT OF CLAIMS GLORIA BETANCOURT MARY MACINTOSH SERVICES METRO TRANSIT AGENCY OF DADE COUNTY 14.8 AUTHORIZE CITY ATTORNEY TO SETTLE CLAIMS FOR CITY NOT TO EXCEED $100.00 15, DENIAL OF CLAIMS AGAINST THE CITY OF MIAMI 16. REPEAL CHAPTER 53 OF CODE- SOLICITING i 17. fl AMEND 8316 APPROPRIATING $7,150,00 FROM DEPT OF PUBLIC FACILITIES , MARINE STADIUM FUND BALANCE ETC. RES.75-783 12 RES.75-784 12 RES.75-788 RES.75-789 RES.75-790 14 MOT.75-791 15 RES.75-792 15 FIRST READ. 16 ORD. 8440 16 18. 1 20. 21, 22. MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMIs FLORIDA AUTHORIZE PURCHASE OF PARCEL 7096V MIAMI RIVERFRONT DEVELOPMENT AMEND 8316 BY ACCEPTING $14,000 FEDERAL WATE' POLLUTION CONTROL ACT AMENDMENTS 1972 etc. CONFIRM ACTION OF CITY MANAGER IN ACCEPTING BID FOR BUILDING DEMOLITION POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS AND SANITARY SEWER BONDS providing for sale AUTHORIZE GRANT APPLICATION - DEPT.OF JUSTIC LAW ENFORCEMENT ASSISTANCE ADMINISTRATION YOUNG PEOPLE & MINORITY POPULATION GROUPS WITHIN THE MIAMI POLICE DEPARTMENT 23. AUTHORIZE GRANT APPLICATION -DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ETC. INFO FROM 4 COMMUNITY SOURCES 24. AUTHORIZE GRANT APPLICATION -DEPARTMENT OF JUSTICE, LAW ENFORCEMENT -assist $54,102 25. AWARD BID - IMPROVED LIGHTING AT CLIPPER CIRCLE 26. AWARD BID - SAXON COMPANY FURNISHING XEROGRAPHIC PAPER 26.A SISTER CITY PROGRAM 27. f AMEND ORDINANCE 6871-ART.IV, SEC. 36 TO CONSTRUCT WOMENS DETENTION CENTER AT APPROX- IMATELY 1401 N. W. 7 AVENUE 28. AMEND ORD. 6871 - PROPOSED CHANGE OF ZONING t! 2822 N. W. 22 AVENUE 29. 1 SOLID WASTE TRANSFER STATION- GRANTING APPROVAL AT 1150 N. W. 20TH STREET 2 9 . A t 30.; CLEAN UP AUTO POUND AREA ONE YEAR EXTENSION OF VARIANCE 101 S.W. 15 ROAD- SUB.TO FILING COPY ON LEASE WITH CITY ATTORNEY 31. ONE YEAR EXTENSION OF VARIANCE 810 S. W. 9 STREET 32. EXTENSIONS OF VARIANCE & CONDITIONAL USES MIAMI JEWISH HOME & HOSPITAL FOR THE AGED INC. 33. , DISCUSSION OF PROPOSED METROPOLITAN DADE CO, BUDGET & EXPANSION OF FIRE SERVICES IN AREAS OF THE COUNTY NOT INCLUDING THE CITY OF MIAM PAGE Nth RES.75=794 ORD. 8441 RES.75»795 18 RES.75'796 18.19 RES.75-797 RES . 75-798 RES.75-799 RES.75-800 RES.75-801 DISCUSSION DEFERRED DEFERRED RES.75-802 MOT.75-803 19 20 20 21 21 21=22 22 22=25 25=26 26=27 MOT.75-804 27=28 RES.75-805 RES.75-806 75.807 75-808 28 29 29 29 DISCUSSION 30=32 litEX MINUTES OF REGULAR MEETING CITY Ci,,, ISSION OF MIANI0 FLORIDA 34, } PRO -POSED CHANGE OF MEETING DATES-NOVEt BER 3S. PRESENTATIONS- PROCLAMATIONS, SPECIAL ITEMS 36. PERSONAL APPEARANCE-y BARNETT LAZARUS proposed SOUTHERN BELL RATE INCREASE R,v 37, " PERSONAL APPEARANCE- FRANCISCO PU3OIL BAHAMANIAN ACTIONS AFFECTING LOBSTER FISHING 38, '. PERSONAL APPEARANCE- FRANK SPENCE, CITY MGR. MIAMI BEACH REGARDING REPUBLICAN NATIONAL CONVENTION PROPOSED MIAMI CONVENTION HALL WATSON ISLAND DEVELOPMENT 39. CHANGE OF ZONING- VICINITY OF AVIATION AVE. WEST TRADE AVENUE, S. W. 27TH AVENUE, BIRD avenue, GRAND AVENUE & HIBISCUS 40. ORDINANCE AMENDMENT - SPD-2 COCONUT GROVE SPECIAL OVERLAY DISTRICT 41. RESTAURANT SEATING- AMEND ORD. 6871, ART IV SECTION 20, SUBSECTION 3 42. DINNER KEY AUDITORIUM- QUESTIONS SUBMITTED BY COMMISSIONER GORDON FOR REVIEW 43. PROPOSED ORDINANCE PROVIDING FOR ELECTION OF MEMBERS OF CIVIL SERVICE BOARD 44. APPOINTMENT OF MEMBERS TO THE AFFIRMATIVE ACTION ADVISORY BOARD 45. 46. 47. 48. 49. AMEND 29-3 OF THE CODE BY REDUCING THE MEMBERSHIP OF BOARD OF TRUSTEE' OF THE PUBLI LIBRARY SYSTEM TO 3 MEMBERS (from 11) ETC APPOINTING MEMBERS THERETO ---- 50, 44 MISCELLANEOUS DISCUSSION - UPC )MINE F,E,C. STATUS REPORT BY CITY ATTORNEY- EXPANSION 1 OF FACILITIES AT DINNER KEY, CETY MANAGER TO GIVE REPORT 51, ACCEPT COMPLETED WORK - FIRE STATION No,9 BATHROOM ADDITION 1975 APPLICATION FOR CONDITIONAL USE- REPUBLIC NATIONAL BANK - 225 N. W. 42nd AVENUE CHANGE OF NOVEMBER COMMISSION DATES DECLARING OCTOBER 27 AS VETERANS DAY FOR CITY OFFICES ORDINANCE OR RESOLUTION NO. PAGE N MOT75-809 1ES.75-810 MOT.75-811 11SCUBS10N DISCUSSION 2ND READ. ORD. 8442 DEFERRED ORD.8442 It DISCUSSION DENIED MOT.75-812 DEFERRED DEFERRED MOT.75-813 MOT.75-814 PROPOSED CHARTER AMENDMENT- CHANGE COMPOS- ITION OF CIVIL SERVICE BOARD FROM 5 TO 7 MEMBERS TO BE APPOINTED BY THE CITY COMMISSION RES.75-815 ORD, 8443 ORD, 8444 RES.75 -816 DISCUSSION RES.75-817 "A, 32 33 35 35= 3i 37*. 40 40 40=60 61 61=-62 63 63 63==76 76 76 77 77 78 78 79 79 Ii+6 NO DUX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI FLORIDA SUBJECT 52. UP DATING OF CIVIL SERVICE RULES AND REGULATIONS y FIRST READING ORDINANCES AND 53. 57. ORDINANCE OR RESOLUTION NOI r MOT.75-81.8 RES.75=819 54, WAIVE RENTAL FEE - DINNEP. KEY AUDITORIUM CERAMIC LEAGUE OF MIAMI MOT. 75-820 55. DISCUSSION OF PROPOSED CHARTER AMENDMENTS t4 PERSONAL APPEARANCE OF SGT.KEN HARRISON DISCUSSION 56. i PUBLIC HEARING ON APPLICATION FOR TRANSFER OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY— SETTING DATE FOR PUBLIC HEARING RES.75-821 N MIAMI COMMITTEE ON BEAUTIFICATION & ECOLOGY RES.75-822 APPOINT WILLIWM WORFARTH AS A MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY APPOINTMENT OP MR. MORT SCHWARTZ TO CITY OF 58. WAIVE RENTAL FEE- WATSON PARK, OCT 12, 1975 SPANISH HERITAGE WEEK MOT.75-823 59. .`, WAIVE RENTAL FEE — MARINE STADIUM FOR VICTOR THEON, L.G. GUNN & ASSOCIATES MOT.75-824 60. WAIVE RENTAL FEE- ROBERT KING HIGH PARK NOV. 7 & 9 - SOUTH FLORIDA SCOUTING 61. AUTHORIZE CITY ATTORNEY TO FOREGO AND FORE- BEAR COURT ACTION TORTS WHERE AMOUNT DOES NOT EXCEED $100. 62. URGE BOARD OF COUNTY COMMISSIONERS TO CREATE SPECIAL TAXING DISTRICTS 63. t AMD.RES.75-638, AUTHORIZE CITY MANAGER TO APPLY TO DEPT. OF JUSTICE TO GRANT OR DEFRAY COSTS OF A S.T.O.P. BURGLARLY-ROBBERY PROJEC 64. URGE PUBLIC SERVICE COMMISSION TO REFUSE TO GRANT ANY INCREASE IN RATES TO SOUTHERN BELL 65. j URGE SMALL BUSINESS ADMINISTRATION TO ASSIST LOBSTER FISHERMEN BY MAKING LOANS OR OTHER APPROPRIATE AID 66. URGE GOVERNOR OF STATE TO GIVE RELIEF TO THE le LOBSTER FISHERMEN 67. APPROVE EMPLOYMENT OF HASKINS AND SELLS AS ACCOUNTANTS FOR THE BOARD OF TRUSTEES OF, THE CITY OF MIAMI EMPLOYEES RETIREKENT SYSTEM 68. AUTHORIZE AND DIRECT CITY MANAGER AND THE CITY ATTORNEY TO PROCEED WITH ACQUISITION OF RIVERSIDE BAPTIST CHURCH PROPERTY 69. CALL PRIMARY AND REGULAR CITY COMMISSION ELECTIONS FOR MAYOR AND CITY COMMISSIONERS 70, CONFIRM ACTION OF THE CITY MANAGER TO SUBMIT STATE GRANT APPLICATION FOR FUNDS TO PROVIDE COMMUNITY CHILD DAY CARE SERVICES MOT. 75-825 RES. 75-826 RES. 75-827 RES.75-828 RES. 75-829 RES.75-830 RES.75-831 RES.75-832 RES.75-833 RES,75-834 RES, 75»835 PAGE N0 86 "6i a 86 88 8889 89 90 90 90 91 91 91 91 92 92 92 93 93 93 94 1 to INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA PAGE NO. 71. AUTHORIZE CITY MANAGER TO SIihMIT GRANT APP- { LIGATION FOR HANDICAPPED RECREATION PROGRAM 72. 'AUTEORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION FOR DAY CARE SOCIAL SECURITY TITLE XX PROGRAM 73. AUTHORIZE CITY MANAGER TO SUBMIT GRAFT APPLI- CATION FOR A VIRGINIA KEY CAMPGROUND AND BEA DEVELOPMENT PROGRAM p 74. AUTHORIZE CITY MANAGER TO PREPARE AND SUBMIT GRANT APPLICATION FOR DEVELOPMENT OF THE NORTH END OF BAYFROMT PARK 75, AUTHORIZE CITY MANAGER TO PREPARE AND SUBMIT GRANT APPLICATION 76. RESOLUTION CALLING CHARTER AMENDMENT ELECTIO j • MINUTES OF REGULAR KITING CT THE CITY COMMISSION OF MIAMI) FLORIDA 414414441441144 ON THE 4TH DAY OF SEFT ER, 197S THE CITY EOMMISSION QUI I, FL RI A, AT ITS REGU,, R MEETING PLACE IN THE ITV HALL/ ibLIU PAN AMERICAN DRIVE, MIAMI1,-LORIDA IN REGULAR SESSION* THE MEETING WAS CALLED TO ORDER AT 9►0O'CLOCK A M► BY VICE MAYOR J. L, L.ER WITH THE FOLLOWING MEMBERS CC THE fi'1I SSION FOUND TO BE PRESENT: ALSO PRESENT: ABSENT: ISSIONER I SS I O ERMANOLOrREBOSO COMMISSIONER ( VEODORE G: IBBON SE CORDON VICE MAYOR L. LUMERA ,IR, P W, ANDREWS) CITY MANAGER A, P, H, ASSISTANT ITY MANAGER JOHN ILOYD L �Y k` EY H, D. SOUTHERN, LITYK MAURICE A. FERRE, MAYOR AN INVOCATION WAS DELIVERED BY REVEREND GIBSON WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE FLAG, A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED AND SECONDED AND WAS PASSED UNANIMOUSLY, I, OBJECTtON TO ONFIRMING ORDERING RESOLUTION No, 75-653 Not* ,, JHTH STREET HIGHWAY IMPROVEMENT H-4392 Mr. Grimm: Mr. Vice -Mayor and members of the Commission, item 4 is the con- firmation of a highway district, consisting of two street, N.E. 59th Street between N.E. 2 and 4 Avenues, and N.E. 3rd Avenue between 58th Terrace and 59th Terrace. As is our usual procedure, we have held evening public hearings on these two streets, in addition to notifying all of the property owners involved. We have received an objection from one property owner and a posit- ive response from two. We generally consider that no response is a positive response. Mr. Plummer: Silence gives consent. Mr. Grimm: I did have one phone call from a Mr. who owns a considerable piece of property on this corner yesterday afternoon. He basically is for the improvement. He felt that since he had spent some money in developing his side parkway, that maybe the city could in some reduce his cost. I assured him that at the time that the assessment roll was confirmed, if this project moves forward that if we were able to salvage any of the work that he had done, I would take this into consideration. He seemed satisfied. Mr. Plummer: Is there anyone here in objection? I think Mr. Harley, you indicated you are in objection to this, sir. Mr. Grimm: He is on a different street, Mr. Vice Mayor. He is on Item 5. Mr, Plummer: Is anyone here on item 4? Any objections on Item 4? Let the record reflect there is no one present to speak in opposition to Item 4. SEP 4 1975 The followlog resolution wes introduced by Commissioner Gibson, eahO moved its adoption: RESt LUTION NO. 75=778 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 75 453 ANb AUTHORIZING THE CITY CLERK TO ADVERTISE POB SEALED BIDS FOR THE CONSTRUCTION OF N.F. 59TN STREET N1 iWA? IMPROVEMENT 1F-4592 IN N.E. 59TTH STREET HIGHWAY /MOVE.. MENT DISTRICT H-4392 (Here follows body of resolution, omitted here and on file iti the Office of the City Clerk. ) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote` AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Absent: Mayor Ferre. NOES: None. �1ECTIONS TO CONFIRMINGOWING RESOLUTION NOi 75-735 FOR BISCAYNE VEST HIGHWAY IMPROVEMENT H-43 Mr. Grimm: Item #5 Mr. Vice Mayor and members of the commission is also a highway district, About 4 years ago the department proposed this district and the majority of the property owners in the area objected so attempts were abandoned. Subsequently we built Biscayne East which is the streets around the Legion building and we are now under construction with N.E. 4th Court in this vicinity. As a consequence from the people particularly on 63rd and 64th Streets, they liked what we had done, so they petitioned the City to reconsider and to have us go ahead and do a similar type improvement for them. Well in the process of reevaluation Ifelt that not only should 63 and 64 Streets be done but all of the streets between 62nd and 71st. Now, because this had once before been up and rejected, we followed a little different approach. The first attempt was to write to all the property owners and send them a post card and ask them if they would please express an opinion, as to how they felt about the improvement. You can see the response we got was in the majority, yes, with one exception and that is 70th street. 70th Street is opposed by petition to the construction of this improvement. The rest of the streets by majority are in favor. It is also interesting to note I think if you look along the boarder of 4th court you will see that there is not one single objector on any of the properties on 4th Court which means those properties will not only be assessed for 4th court but for the intervening street. REv. Gibson: I didn't get the last, what you said about the intervening street. Mr. Grimm: We are under construction with 4th Court now. Those people have already accepted that assessment, so now we are coming along, before that is even finished, and adding the intersecting street, and those people, none of them have objected. They like what we are doing. Mr. Plummer: Has it been explained to the people that are here in objection of what the approximate cost would be, Mr. Grimm; Yes, in the letter I sent them I informed them of the cost ---we held two night meetings, no one attended the night meetings. Mr. Plummer: No one? Mr. Grimm: No one attended the two night meetings. We sent out postcards and we followed the postcards up with letters, 'I believe there are some objectors here in the audience. Mr, Plummer: Yes, there are. Let me ask, this isimprovements of street, gutter, swale area, sewer? P4 1975 c.2,-.VVKVAZIMINTIOtihysmegA Otailv0reA Mr, Grimm: Sanitary Sewers exist the positive drainage, storm sewers, which the pays the entire cost of, Mt. Plummer! The city pays the entire cost of the storm afters, Mt. Orin' Yea, sir. tt ie estimated that the cost of this improvement is $4.30 a front ft. tf you had a SO ft, lot, thin is $200,00 plug or minus, it is payable over 10 years at SI interest. that is $20.00 a years for a SO ft. lot, The predominate toning in this area is that along the toulevard it is commercial, along 4th Court it is R-4 and the bulk of the interiors are R.-2 and R-1. Mt.-Plumatert The city pay a for the landscaping. The important thing to them it is $4.00 a ft. that is really the important thing to them. Mt. Harley since you introduced yourself to me sir, filet I will let you speak first. Per the record if you would identify yourself, and give your mailing address. you can tpeak at either microphone 1 guese, Mr. Rarleyt Members of the Commission, and neighbors, 1 would be crazy if I would oppose this as far as benefits to the property is concerned. The people that fixed N.M. 4th Court, it is a beautiful job. My question is this, is this the opportune time for floating another set of assessments on the over -taxed and over -burdened property owners today, As of this morning paper the school board have been good enough to the property owners to increase our taxes 20%* Metro is holding a meeting tonight where they are going to increase it again, last year they increased our taxes to where a person living on a limited income a retiree or social security person, took anyWhere from 3 months to 6 months of his income from social security to pay his taxes, and as you well know,. all of you are hurt by the increase cost of inflation, and my question was, the gentleman over has given me the information as to approximate cost, is whether we can afford the increased tax burden and expense of having this done right now. It would be a good thing, and I would say it would improve the neighborhood, but whether we can afford it right now is another alternate I know they have spent a lot of money in trying to do away with the flooded conditions on 5th Avenue and also they have eliminated apparently on 4th Court which is good. I was wondering if they could, instead of instituting this program right now, if they could do something to eliminate the flooded spots along by the Morningside school and other places along there, and then later on when the economy picked up a bit, and we could afford this increased expense to our property, if it would be a better way to do it. I want to thank you for giving me an opportunity to speak and this was on my heart and my mind. Mr. Plummer: Mr. Harley let me for you, and for the other people present, the city has an on -going program which has hopeful completion about the year 1979, 1980 at which time all of these streets, not just yours or the N.E. area, but all streets and all landscaping gutters and sewers and of course the ultimate is 100% sanitary sewers, and we have been doing it in a group program. I think the answer to your question is no, you cannot have a part of the package, when they go into to do it, they have to do the entire project. I think one thing you do have to remember, and that thing is this, it might hurt a little bit today, to have to come up with that extra $20.00 a year, but who knows when your house will be up for sale, it does greatly enhance the value of your home when you go to sell it, to have all of these amenities a part of the package for sale, so I can understand your plight, and your problem, we think where we amortize it over 10 years, that it makes it a little bit painful. Mr. Harley; It is a good program,and I am for it as far as I am concerned. I am just wondering if we can afford it and pay for it. Mr. Plummer; That is always the problem sir, Let the record reflect that there are 6 people in the audience who are in favor of the project, Rev. Gibson; The lady asked a question that I think Mr. Grimm might want to hear. Mr, Plummer; What was the question? Rev. Gibson; She wanted to know when you are gong to start. Mr. Grimm; A job of this magnitude will probably take about 6 months to complete our design and award contracts, so it will be after Christmas SEP 4 1975 rat - sometime. Unidentified person: We need row boats when it reina, Mr. Grimm: I know that, I am not unaware of that problem. Mr. Plummer: You can sell the row boat and pay for the impro' eeente. Unidentified person: Where does Mr. Harley liVe7 Mr. Plummer: Mt. Marley, if he wishes to answer, be doesn't have to, this lady asked %here you live. you don't have to answer that unless you wish to. Inaudible reply-- � Mt. Grimm: One more thing, Mr. Mayor and members of the commission, as you know we try to play this game as fait as we can. 70th Street has a petition from the majority of the property owners in opposition. They could tot be here today or send a representative, so l am representing their negative vote, however I want the commission to be aware that l recommend that we do this street in spite of that. The street is it horrible condition and this gives us an opportunity to clean up this whole area between 62nd and 71st. Mr. Plummer: You represent the opposition Mr. Grimm: I am stating their views for them. Rev. Gibson: Mr. Vice -Mayor in view of the fact we do have this on -going"% program I feel certain that while people may be objecting now, I think they will find as 1 have found when we objected in our area, when all of this improve- ment was going one, 1 want you to know that I hear daily the most satisfying remarks about the work that our public works department has done, and continues to do to improve the looks of our streets, and give us sidewalks, and with that in mind I offer the motion. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-779 A RESOLUTION CONFIRMING ORDERING RESOLUTION N0. 75-735 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF BISCAYNE WEST HIGHWAY IMPROVEMENT H-4390 IN BISCAYNE WEST HIGHWAY IMPROVEMENT DISTRICT H-4390 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner REboso, the resolution was passed and adopted by the following "vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor J. L. Plummer Absent: Mayor Ferre, NOES: None PROPOSED CHARTER AmEt '1ENT-ADDING BATTALION CHIEFS TO THE UNCLASS- IFIED POSITIONS Mr.Plummer: While awaiting the arrival of the Mayor we will akip over to Item 14, I offer the motion, in reference to putting the classification of battalion fire chief on the referendum, Is there any discussion? Read the ordinance M. Lloyd, Mr, Lloyd, City Attorney read the ordinance, SIP 4 1975, AN ORDINANCE ENTITLED' AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT AMENDING SECTION 62 OP THE CITY OP MIAMI CHARTER POI THE PURPOSE OP ADDING BATTALION CHIEPS TO TTEt1 UNCtASSI' PIED POSITIONS IN THE SERVICE OP THE CITY BY ADDING THE TITLE OP "BATTALION CEtIEPS" TO SDB»SECTION (1) (c) # AND SUBMITTING SAME TO THE ELECTORS OF THE CITY OP MIAMI IN THE NOVEMBER 4, 1975 CITY OP MIAMI PRIMARY ELECTION; PRO- VIDING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REm PERKED TO AS PROPOSED CHARTER AMENDMENT NO. 1; REPEAL/NO AIL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONPLICT, CONTAINING A SEVERABILITY PROVISION; AND PROVIDING AN EPFECTIVE DATE Passed on its first reading by title at the meeting of July 17, 1975was 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, Mr. Reboso, Mrs. Gordon and Rev. Gibson. NOES: None. ABSENT: MayorPerre. 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. --S-aiu ordinance was designated Ord. 8436. PARKING LOT LIGHTING ORDINANCE - . ING "i15, 8173, 3174, 8206, 3218 U A PTER 34 OF CODE 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 CITY OF MIAMI BY AMENDING THE DEFINITION OF "PERSONS" IN SECTION 9 OF ORDINANCE NO. 8115 TO PROVIDE THAT THE OWNER OR OPERATOR, WHETHER PERSON, CORPORATION OR ASSOCIATION, SHALL BE FINED OR IMPRISONED IN ACCORDANCE WITH SECTION 3 (aa) OF THE CHARTER OF THE CITY OF MIAMI; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Passed on its first reading by title at the meeting of July 17, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Mrs. Gordon and Rev. Gibson NOES: None. ABSENT; Mayor Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Said ordinance was designated Ordinance No. 8437. NOTE; Mayor Ferre entered the meeting at 9;25 o'clock A.M. SEP 4 1975 .21 av DOWTOWN DEMO WING bEPTEMBER Mt I.AGE ORDINANCE, N DEVELOPMENT AMITY OCT1 1, 1975»SE r1 30, 1976 ITY MAKING APPROPRIATIONS FOR FISCAL, YEAR Mt. Lueitts Williams: Good morning Mr. Mayor and ecf issioners,-----the Board of the b t ►town Dev. Authority has considered and approved the 1975-76 budget of the Authority and has requested City Commission consideration and adoption The budget for next year is based an a written preliminary tax roll provided by the bade county tax collector of $540,000,000. This has been adjusted as is our historid procedure to $530,0000000, for the budget estimate. This is caused by the fact that the actual valuation is not available at the time the budget is prepared, theft the estimated to $530,000,000. is further reduced by 5% in accordance with the policy of the city in accormodating the total projected receipts. This will produce we feel $251,750.00 for'the operations for the coming year. Mr. Plummer: I move the approval of item ##3. Mr. Lloyd: This is an emergency ordinance, I'll read it. AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE MAKING APPROPRIATIONG FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1976, PROVIDING THAT THIS ORDINANCE SHALL BE SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1976 FOR THE OPERATION OF THE CITY OF MIAMI, PROVIDING THAT IF ANY SECTION, CLAUSE OR SUBSECTION SHALL BE DECLARED UNCONSITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS OF THIS ORDINANCE 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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8438. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mr. Lloyd, City Attorney read the millage ordinance, AN ORDINANCE ENTITLED - AST EMERGENCY ORDINANCE DEFINING AND DESIGNATING THE TERRI- TORIAL LIMITS of THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI, FAR THE PURPOSE OF TAXATION, FIXING THE SEP4 1975 • MILLAGE AND LEVYING TAXES IN THE DOWNTOWN DEVELOPMENT DISTRICT LOCATION WITHIN THE TERRITORIAL LIMITS OE THE CITY OP MIAMI:, FLORIDA, FO! THE FISCAL YEAR BEGINNING OCTON ER 1, 197S AND VOA= SEPTEMBER 30, 1976, PROVIDING THAT THE PI)t1NG OP THE MILEAGE AND LEVYING OP TAXES IN THIS ORDINANCE SHALL BE IN ADDITION TO THE FIXING OP THE MILLAGE AND LEVYING OF 'TAXES WITHIN THE TERRITORIAL LIMITS OP THE CITY OP MIAMI, AS PRO*. SIDED IN ORDINANCE NO. 8438 PROVIDING THAT THE TIEING OF THE MILEAGEAND LEVYING OF TAXES IN THIS ORDINANCE SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS POR tMPROVEMENTS IMPOSED BY THE ciT'SY COMMISSION OP THE CITY OP MIAMI THIN WE TERRITORIAL LIMITS OP THE CITY OP M NI; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED TO REPEAL OR AMEND ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING TAXES FOR THE PISCAI. YEAR BEGINNING ocTOEER 1, 107S AND ENDING SEPTEMBER 30, 1976 BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; PROVID- ING THAT IF ANY SECTION, CLAUSE OR SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS; DECLARING TiIIS ORDINANCE TO BE AN EMERGENCY MEASURE AND BY A POUR -FIFTHS VOTE OF THE MEMBERS OP THE CITY COMMISSION DIS- PENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS Was introduced by Commissioner Gordon and seconded by Commissioner Reboso, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gordon and seconded by Commissioner REboso, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8439 . The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 5-A- MIAMI RIVER WALKWAY: Mr. Plummer: Lucius, Father would like you to expound for a minute, we are all impressed by the Miami River Walkway, and he would like to expound on what you plan on doing this coming year, and more of same. Mr. Lucius Williams:In cooperation with the City administration, we have concluded that it is not essential to ask your permission for this, but we are planning for the official opening ceremonies on November 1 and 2, it will be a 2 day Miami River.Festival, and there will be great activity out there including arts and crafts shows, flower shows, musical presentations continuously for the two days and several official actions including the official ribbon cutting but other official actions to get,a lot of people involved. Participating will be the City Commission and administration and the. Downtown Dev. Authority in cooperation with the Y.W.C.A," the 3rd Century, the Miami Bicentennial Commission, Miami Historical Commission and others, so this is in the planning process right now. l may in fact produce Senator Stone to swim in the river. Rev, Gibson: The Mayor and J.L. caused me to become aware ---- Mayor Ferre: You were aware long before you met Maurice Fevre,,,.,.,... -- Rev. Gibson; l would hike to see us get all the beauty we can, Mr. Williams: I am going to give you that right now I am going to tell you first about tha 'opening. I have been eked that question. We are planning and have the funds for and the City Attorney's office ie proceeding on the condemnation of one het pared_ west of the Y whith opens that area up giving aeeeaa from the street, and opens it up as a park to the walkway. 'hie commission has already taken aetio'n to aaigti a designer to deign that park, so there is no boss of time here, and that act will take almost 200 ft. west. In addition to that in this budget, we have budgeted funds to continue the walkway westward. We want to do that carefully, though, in the completion of the park, and planning of the park, -'I don't want to proceed posthaste, independently before we get this park going, because t want the weatwiard movement to be a part of the park and a continuation of the park to Miatii Avenue. Certainly this year we will take tome action, whether it is bulkhead, acquisition of right -of --way or actual installation of the walkway, to get this thing much closer and maybe even to Miami Avenue, so it gives us the whole loop. Rev. Gibson: I think with all the bad things they say about us, inthe City, --there are so many good things. I would hope that somebody would begin to sensitize the citizen, that that improvement is there. I think it would heighten the appreciation of the people to know they could walk down and go out. Mr. Williams: This is why we want to plan a festival for the opening so we can have the opportunity to get 50 or more thousand people there to see it. We can issue all the press releases you want, and we will never get 50,000 people there. We can do a festival on the site, and get 50,000 people, and a predominance of those will come back, and that is our motivation in that. Mrs. Gordon: 1 want to know how we can get the view from the water onto the land. I have been clamoring for barges or some kind of water sight-seeing vessel, a small vessel, that we could use. Mr. Andrews, may I have your attention please. Mr. Andrews: Yes, --- Mrs. Gordon: I think'it is a long time, at least a year and several months since I first asked you to get us something concrete regarding water barges or mm water transportation, and now it is very appropriate, we should have something for this festival, and I don't care if you get two of them going, that people can get on and ride on the water site, and see the beauty of the land with all the displays that Lucius is describing. Can you and will you please get on that? Mr. Andrews: Yes, ---- Mr.'Williams: That is in our plan, we will have probably more than two boats, providing free rides all day both days. Mrs. Gordon: I want a permanent implementation of a water system, on the water, I don't care if they start with two ---four, six eight, ---- Mr. Williams: ---connecting our parks, Mrs. Gordon; --as many as we can put our hands on to get started. We are moving into the Bicentennial, this is like the first event of the Bicentennial for the River. Do I have your word on that Mr. Andrews? Mr. Andrews; Mrs. Gordon, this doesn't really come after the fact, and I want to assure you the amount of enthusiasts that we have for this, and the fact we think it should be integrated with the Bicentennial Park project as we get along in the design of that, and we have the proposals that we are drafting, they are under way, in the next three weeks or so they should be completed. Mrs. Cordon:What are you talking about? Mr, Andrews; --about the water transportation tourist kind of travel that can be taken all the way from the park, ---- Mr, Williams; --connecting the park,---- Mr. Andrews; Mr, Williams is aware of this, we had some tentative routes, touching points, that go all the way down to the walkway, S R4 1975 Mre. Cordon: f received a copy of a letter Chet was sent to you with regard to someone that has an idea for the kind of raft that ve used when we were over et Jamaica. Are you considering something of that nature. Mr. Andrews: She ate going to talk to the man at least. Mrs. Cordon: Be is milling to foot the bill on that one. Mayor Ferret You are talking about the rafts Mre. Cordon: Yes. Mayor Perre: 1 asked you about two months ago, Paul, and you did the research on it. Boeing Aircraft has a hydrafoil, and you got all the information. I think ve ought to start studying the possibility for a public bid of getting a hydrafoil that mould go from the rove to the downtown area over to the port, and back again. 1 think it might be a little bit early yet. We ought to be studying these possibilities of water transportation around the Bay. Mrs. Gordon:A11 the way around, even over to Xay Biscayne, and Miami Beach. Mayor Perre: l think the other one ought to be a river boat, a slower type of thing that would go from Bicentennial Park to Miamarina, to the Port maybe to Watson Island, to the river and make that round. Mrs. Gordon: A man sent a letter to the Manager regarding a raft type of device like we had over in Jamaica and he wants to foot the bill on it. He wants to implement it. We would have it ready for your festival. 6, GRANTING PETITION FOR PLANNED AREA DEVELOPMENT, 2000 S, BAYSHORE DRIVE Mrs. Gordon: Mr. Mayor I live within the 375 ft. of this property, conse- quently I won't be able to take part in the discussion or voting. Mayor Ferre: The Planning Department recommended approval. The Zoning Board uanaimously recommended ,--any objectors present? NOTE: Power Failure. The following resolution was introduced by Commissioner Gibson , who moved its adoption: RESOLUTION NO. 75-780 A RESOLUTION GRANTING A PETITION FOR A PLANNED AREA DEVELOPMENT IN ACCORDANCE WITH ORDINANCE 6871, AS AMENDED ARTICLE XXI-1, FOR A 10.84 ACRE TRACT OF LAND LOCATED APPROXIMATELY 2000 SOUTH BAYSHORE DRIVE, BEING ALL OF SKYLINE SUBDIVISION (68-18) AND THAT PORTION OF PRIVATE PARK "A" LYING BETWEEN SOUTH BAYSHORE DRIVE AND BISCAYNE BAY BETWEEN THE EASTERLY AND WESTERLY LINE OF LOTS 9 AND 10 OF BLOCK "A" OF BISCAYNE PARK TERRACE SUBDIVISION (2-36); VACATING SAID SKYLINE SUBDIVISION SUBJECT TO REPLATTING OF ENTIRE 10,84 ACRE TRACT DESIGNATING SAID TRACT AS PAD-R-1, ALL IN ACCORDANCE WITH THE DEVELOPMENT PLAN AND STATEMENT OF INTENT ON FILE IN THE OFFICE OF THE DEPARTMENT OF ADMINISTRATION PLANNING AND ZONING BOARDS, ATTACHING SAID -PLAN AND STATEMENT OF INTENT AS A PART OF THIS RESOLUTION; NO CERTIFICATE OF OCCUPANCY SHALL BE ISSUED UNTIL AN INSTRUMENT FOR THE FUTURE MAINTENANCE OF FACILITIES FOR THE COMMON USE OF THE RESIDENTS IN THE DEVELOPMENT HAS BEEN APPROVED BY THE CITY ATTORNEY TO THE END THAT SUCH COMMON FACILITIES SHALL NOT IN THE FUTURE BECOME A RESPONSIBILITY OF THE CITY OF MIAMI SEP 4 1975 (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon 'being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Mr. Reboso, Reverend Gibson, Mr. Plummer and Mayor Perri. toes: None. Mrs. Gordon abstaining. Prior to the introduction of the resolution Attorney Mark Guilford, representing Mr. Theodore Goldstein, the applicant, appeared and outlined briefly the proposed project. Mr. Stephen ltapelow also appeared representing the applicant and further ex- plained the project with the aid of architectural renderings. 7. REQUEST R NIGHT SESSION IN MAGISTRATE'S .COURT 10 CONSERVE TIME OP CITY POLICE OPPICERS REQUIRED TO TESTIFY - VICE -MAYOR PLUMMER 1O : PERSUADE CHIRP , JUDGE::. Mr. Plummer made the following statement: Mr. Mayor, it has been brought very evident to some of us who have been digging and trying to save money that a real problem exists for the City of Miami in relation to the presently constitu- ted Magistrate's Court. It has created a tremendous amount of overtime for the City of Miami Police Department. This problem could be alleviated if a committee of this Commission would go and hopefully encourage the Senior Jude to hold a night session of Magistrate's Court, which has been done in the past. The Manager does have a memo that he would like to read into the record relat- ing to this subject. Mayor Ferree Don't read it. Just submit it into the record and give us copies of it, and who besides you wants to be on the com- mittee? I don't think we need more than one person. Mr. Plummer: O.K., fine. I'll be the --- Mayor Perre: I hereby appoint you as a committee of one to go to Judge Crawford and discuss this whole matter and report back to this Commission at the next meeting. Mr. Plummer: What we want is the authority from this Commis- sion to give us the latitude of trying to arrange for this night session of court. Thereupon the following motion was introduced by Reverend Gibson, who moved its adoption: MOTION NO. 75-781 A MOTION AUTHORIZING AND DIRECTING VICE MA'PR J. L. PLUMMER, JR. AS A COMMITTEE OF ONE APPOINTED BY THE MAYOR, 70 ATTEMPT TO PERSUADE THE CHIEF` JUDGE OF THE MAGISTRATE'S COURT TO HOLD NIGHT SESSION OF SAID COURT IN AN ATTEMPT TO SAVE TIME OF CITY OF MIAMI POLICE OFFICERS TESTIFY- ING IN SAID COURT upon being seconded by Mrs, Gordon the motion was adopted unanimously. 10 SEP 1975 • MD OTC A�INCLUDE pO5t IONS OF: SS1StM�7t � C, ECRETARY CIVIL S ilSSISTANf �C,�IECItE"PARY PLANNING AN ORDINANCE ENTITLED‘ AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OP THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AND THE MIAMI CITY GENERAL EMPLOYEES RETIRE= MEET PLAN (ORDINANCE NO. 5624, MAY 2, 1956, AS AMENDED), AS APPEARING IN CODIFICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OP THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SUBSECTIONS 2=91(2) AND 2.409 (3a) OF SAID CHAPTER 2 BY ADDING THE POSITIONS OP ASS/STANT CITY CLERK, ASSISTANT EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD AND ASSISTANT EXECUTIVE SECRETARY OF THE PLANNING BOARD OR ITS PREDECESSOR, THE PLANNING AND ZONING BOARD, TO THE POSITIONS ALREADY ENUMERATED, TO BE ELIGIBLE FOR AN ADDITIONAL RETIREMENT BENEPIT OP ONE PER CENT OF AVERAGE FINAL COMPENSATION FOR EACH YEAR OP SERVICE OR FRACTION THEREOF THAT SUCH MEMBER SERVES AS ASSISTANT CITY CLERK, ASSISTANT EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD AND ASSISTANT EXECUTIVE SECRETARY OF THE PLANNING BOARD OR ITS PREDECESSOR, THE PLANNING AND ZONING BOARD, PROVIDING THAT UPON SERVICE RETIREMENT THE MEMBER OF SAID RETIREMENT SYSTEM OR RETIREMENT PLAN HAS THREE OR MORE YEARS SERVICE SINCE LAST BECOMING A MEMBER AND PROVIDING THAT' HE HAS SERVEDIN ANY SUCH CAPACITIES FOR A TOTAL COMBINED PERIOD OF NOT LESS THAN THREE YEARS, SUBJECT THERETO TO A MAXIMUM LENGTH OF SERVICE AMOUNTING TO TEN YEARS FOR THE PURPOSE OF COMPUTING ADDITIONAL PENSION ALLOWANCE; CONTAINING A SEVERABILITY PROVISION; AND REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT Was introduced by Commissioner Plummer and seconded by Commission Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Co :omission and to the public. ACCEPTING COMPLETED WORK ARK° t1ECHANICAL CONTRACTORS, INC, FIRE MAINTENANCE BLDG, HEATING-1975 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-782 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY ARKO MECHANICAL CONTRACTORS, INC. AT A TOTAL COST OF $11,400, AND AUTHORIZING A FINAL PAYMENT OF $1,140. FOR WE FIRE MAINTENANCE BUILDING-HEATING-1975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) �� - SEP 4 1975 Upon being seconded by Commissioner Gordon, tha resolution ,adopted by the following vote AYES: Commissioner Man610 Robes() Commissioner Rose Cordon Commissioner (Rev.) 'Theodore Gibson Vice -Mayor J.L. Plummer Mayor Maurice A. Ferre. . NOES: Hone. i tREDGE P wiIT-1Ew PORT OF MIAMI passed and a POIMAN LN4WE COUNTY D T i Of BLIC WORKA The following resolution was introduced by Commissioner Plummer, who molted its adoption: RESOLUTION NO. 75-783 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO METRO DADE COUNTY PUBLIC WORKS DEPARTMENT TO EXCAVATE SUBMERGED LAND CONTIGUOUS TO THE SOUTHEASTERN PORTION OP THE NEW PORT OF MIAMI (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None 11. ACCEPT PLAT - &LETA TRACTS The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-784 A RESOLUTION ACCEPTING THE PLAT ENTITLED ZULETA TRACTS, A SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND SUTHORIZING 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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre, NOES: None. 12, ORDERING $ j MPSON SANITARY SEWER IMPRPVEt1 NT SR-5391-C g SR-5391-S The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-785 A RESOLUTION ORDERING SIMPSON SANITARY SEWER IMPROVEMENT SR-5391. C (CENTERLINE SEWER) AND DESIGNATING THE PROPERTY 12 SEP 1975 AGAINST WHICH SPECIAL ASSESSMENTS SMALL BE MADE POR A PORTION OP THE COST TREREOP AS SIMPSON SANITARY SEWER IMPROVEMENT NT DISTRICT SR-5391-C (CENTERLINE SEWER); AND ALLOCATING THE AMOUNT OP $6,000 FROM PRE SANITARY SSVfl FOND FUND POR PRELIMINARY EXPENSE (Hare follows body of resolution, omitted here and ott file in the Office of the City Clerk.) Upon being seconded by Commissioner Cordon, the resolutibti was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner hose Cordon Commissioner (Rev,) Theodore Gibson Viee Mayor 3. t. Plummer Mayor Maurice A. Ferre. NOES: None. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-786 A RESOLUTION ORDERING SIMPSON SANITARY SEWER IMPROVEMENT SR-5391-S (SIDELINE SEWER) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS SIMPSON SANITARY SEWER IMPROVEMENT DISTRICT SR-5391-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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None B, ACCEPTING HIGHWAY RIGHT-OF-WAY DEFT EXECUTED BY ALEIDQ HERNANDEZ U4LLAPATTAH HOMESITES) : The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-787 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT-OF-WAY DEED EXECUTED BY ALEIDA HERNANDEZ CONVEYING TO THE CITY OF MIAMI THE NORTH 10 FEET OF LOT 1, BLOCK 1, OF ALLAPATTAH HOMESITES (6-123)9 FOR SEWER IMPROVEMENT; 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 Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J, L, Plummer Mayor Maurice A. Ferre. NOES; None. 4 7 144AiStTILDENT OF CITY AIMS AGAINST t' h S ORI ANCOU 1 y. �Y i C N'r0SH SERVICES RANSIT AGENCY OF LADE LOUNTY The following resolution was introduced by Commissioner sioner Raboeo, who moved its adoption. RESOLUTION NO. 75-788 A RESOLUTION AUTHORIZINc THE DIRECTOR OP PMNANCE TO ACCEPT THE SUM OP $SS . 50 IN PULL AND cOMELETE SETTLEMENT IN THE CLAIM OP THE CITY OP MIAMI VERSUS GLORIA BETANCOURT: AND AUTHORIZING fl1E CITY MANAGER AND THE CITY CLERK OP THE CITY OP MIAMI To EXECUTE A RELEASE RELEASING GLORIA BETANCOURT PROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OP THE ACCIDENT INVOLVED IN THE ABOVE CLAIM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Terre. NOES: None. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-789 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $65.23 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS MARY MAC INTOSH SERVICES; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERKOF THE CITY OP MIAMI TO EXECUTE A RELEASE RELEASING MARY MAC INTOSH SERVICES FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-790 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $27,50 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS THE METROPOLITAN TRANSIT AGENCY OF DADE COUNTY, FLORIDA; AND AUTHORIZING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF MIAMI TO EXECUTE A RELEASE RELEASING THE METROPOLITAN TRANSIT AGENCY OF DADE COUNTY, FLORIDA FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF THE ACCIDENT INVOLVED IN THE ABOVE CLAIM 14 S P4 2975 (Here follow body of resolution, omitted here and on file in the Office of the City Clerk,) Upon being seconded by Commissioner Gibson, the resolution vse passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Mee Gordon Catnnitssiotter (Revs) Theodore Ciboott Vice Mayor 3. L. Plummer Mayor Maurice A. Ferre, NOES: None 146Bi AUTHORIZE Cl/Y ATTORNEY To gnu CL.AI m CITY NOT EXCEEDING EVE HL ED DOLLARS WITHOUT LOMMISSION i TIONI The following motion was introduced by Commissioner Plume r who moved its adoption: MOTION NO. 75' 791 A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO SETTLE CLAIMS NOT EXCEEDING $100.00 WITHOUT ACTION OF THE CITY COMMISSION Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. B. DENIAL OF CLAIMS AGAINST THE CITY OF MIAMI The following resolutionAwas introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-792 A RESOLUTION DENYING CERTAIN CLAIMS AND DIRECTING THE CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR THE RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIMS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor 3. L. Plummer Mayor Maurice A. Ferre, NOES; None 15 EP41975 16 Re ECING CHARTER 53 °SOLICITIN&', OP TH5 CODE OF CITY OP MIAMI AN ORDINANCE ENTITLED, - AN ORDINANCE REPEALING CHAPTER 55, "SOLICITING", OP THE CODE OF TIE CtT1 OP MIAMI IN ITS ENTIRETY; FURTHER PROVIDING AN EMOTIVE DATE Was introduced by Commissioner Plummer and seconded by Gonnissioner Gibson and passed ort its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Cottnissioner (Rev.) 'Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Terre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the tethers of the City Co mission and to the public. 17. pz. 3316 BY AP ROP ATING $7,�►00 FROM DEPT, OF IC I NE STAD I UI BALANCE, TRANSFERRING FUNDS TO PII NE JTAD I UM UPERATI NG MIDGET AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 8316, THE GENERAL APPROPRIATION ORDINANCE FOR 1974-75, BY APPRO- PRIATING $7,150.00 FROM THE DEPARTMENT OF PUBLIC FACILITIES, MARINE STADIUM FUND BALANCE, AND TRANSFERRING SAID FUNDS INTO THE PROPER ACCOUNT OF THE CURRENT MARINE STADIUM OPERATING BUDGET TO COVER SECURITY FENCING AT THE MARINE STADIUM BOAT STORAGE AREA AT A COST OF $5,850.00 AND TO INSTALL A WATER PUMP ON THE FLOATING STAGE AT A COST NOT TO EXCEED $1,300.00; 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: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Fevre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8440. 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. Plumper: Mr, Mayor 1 would like to entertain at this time a motion, l want the Manager to listen to this, I'd like to entertain a motion at this time now , that we are going to be docking or storing on marine facilities 26 SEP4197 approximately 300 boats, that the Manager be instructed to look into the feasibility of turning that little ,storage shed over there into a tackle type of store as an accessory use to these businesses. This is to direct you to look into it. Mr. Andrewsst want tot) indicate that is a concession facility and it cold be converted very easily to whet you are suggesting. The following motion was introduced by Commissioner Plummer who Milted its adoption MOTION NO. 75-793 A MOTION INSTRUCTING THE CITY MANAGER TO INVESTIGATE THE FEASIBILITY OF CONVERTING STORAGE SHED LOCATED AT THE MARINE STADIUM TO A TACKLE SHOP OR SOME RELATED USE Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre 18. pUTHORi,ZING PURCH4SE OF PARCEL No. 7996 Cif( OF MIAMI PROJECT 3, MIAMI KIVERFRONT ELOPMENT FOR SUM OF UUU The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-794 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE BY NEGOTIATION PARCEL NO. 7096-V OF THE CITY OF MIAMI PROJECT 3 MIAMI RIVERFRONT DEVELOPMENT, AS DESCRIBED HEREIN, FOR THE SUM OF $41,000.; AND ALLOCATING $42,500. FROM THE 1972 PARKS AND RECREATION FACILITIES BOND FUND TO COVER THE COST OF ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY AND OTHER COSTS INCIDENTAL TO THE ACQUISITION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES; None. 19. 3316 BY ACCEPTING $1u,OO - "FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS' 1 a PLACING THESE MONEYS AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING APPROPRIATIONS ORDINANCE NO. 8316, PASSED AND ADOPTED OCTOBER 10, 1974, BY ACCEPTING $14,100, RECEIVED UNDER PUBLIC LAW 92-500 17 SEP 4 1975 "FEDERAL WATER POLLUTION CONTROL ACT AMENbM NTS(.19i2", AND PLACING THESE MONIES IN AN ACCOUNT TO RE ENTITLED "SPECIAL REIMBURSEMENT " REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; CONTAINING A SEVERABILITY PROVISION, AND PROVIDING AN EFFECTIVE BATE Was, introduced by Commissioner Reboso and seconded by Commissioner Gordon, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following votes AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rear.) ` Theodore Gibson Vice Mayor J. L. Plumfner Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Reboso and seconded by Commissioner Gordon, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8441. 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. 20, Ft ING ACTION O CITY MANAGER IN ACCEPTING BID OF GARCIA EQUIPMENT CO, S.tL, - WILDING DEMOLITION The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-795 A RESOLUTION CONFIRMING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BID RECEIVED FROM GARCIA EQUIPMENT COMPANY FOR A TOTAL COST OF $12,440. FOR REMOVING A BUILDING LOCATED IN THE AREA OF N.W. 2ND AVENUE BETWEEN 7th AND 8TH STREETS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE SAID SUM FROM "SPECIAL REIMBURSEMENT FUND " AUTHORIZED BY FEDERAL PUBLIC LAW 92-500 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre, NOES: None. 21, 'OLICE HEADQUARTERS & CRIME PREVENTION FACILITIES Bc;ips & SANITARY SCR r - t ROVIDING FOR SALE. The following resolution was introduced by Commissioner Plummer, Who =wed its adoptions RESOLUTION NO, 75-796 A RESOLUTION PROVIDING FOR THE $ALE OF $2,000,000, POLICE MEAAQUARTERS AND CRIME PREVENTION FACILITIES BONDS AND EPit 1975 $500000000. SANITARY SEWER BONDS OP THE CITY OP MIAMI, MAMA; SETTING PORTHE THE METHOD OP PAYMENT OP INTEREST; SETTING MTH THE RAM or NoTICE Pa BIDS FOR SAID BONDS; blkECTING PDBL/CATION OP NOTICE OP SALE OP SAID BONDS; PROVIDING POR THE BIDS TO BE OPENED ON OCTOWEk 90 1975; SETTING PORN THE METHOD OP t/DbING; AND SETTING PATH THE POIH OP THE BIDS (Here follows body of resolutioh0 matted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution WAS passed and adopted by the following vote - AYES: Commissioner Manolo Reboso ComMissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None 22. AUTHORIZING GRANT APPLICATION- PASIMEN OF JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINST3ATION FOR $. 60iUU - YOUNG PEOPLE ut MINORITY POPULATION GROUPS WITHIN THE lIAMI POLICE PARTMENT The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-797 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, FOR $136,108. TO CONTINUE AN EXISTING PROJECT DESIGNED TO INCREASE PARTICIPATION OF YOUNG PEOPLE AND MEMBERS OF MINORITY POPULATION GROUPS WITHIN THE MIAMI POLICE DE- PARTMENT, AND ASSURING THE AVAILABILITY OF WHATEVER ADDITIONAL FUNDS ARE REQUIRED TO DEFRAY THE PROJECT COST, AND ALLOCATING THE CITY'S MATCHING FUNDS AS NEW FUNDS FOR CRIMINAL JUSTICE USE; AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THIS GRANT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Fevre. NOES: None Mrs. Gordon; This is the public service aids program isn't it Mr. Manager? Mr, Andrews: Yes, ---- Mrs, Gordon; Can we get any more money to increase that program? Mr. Andrews; No,- it is going to be rather difficult, The information we are getting is that it is getting more and more difficult for all of these programs of LEAA. They are winding down the whole program, it is becoming more difficult to obtain funds. You will notice one progrma we carried on is now included in the budget, because we couldn't get a reapproval of a grant for the 4th year, 1975 231 6VTHORIZINGAORANT APPLICATION I Tof JuSi t LAW FNFt c ASSISTANCE ADMINISTRATION FOR TO VIDE , IAMI POLICE DEM MTN INFORMATION FROM Cc NITY SOURCES 1 The fallowing resolution was introduced by CbOtiSgiOnet Getdon, *he tatted its adoption: RESOLUTION NO® 75 49E A RESOLUTION AUTHORIZING AND b RECTtNG THE CIi`MANAGER TO SUBMIT A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OP JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, FOR $41,664. TO CONTINUE AN EXISTING PROJECT DESIGNED TO PROVIDE THE MIAMI POLICE DEPARThENT WITH INFORMATION FROM COMMUNITY SOURCES ON THE SUCCESS OP OPERATING POLICE PROGRAMS, AND ASSURING THE AVAILABILITY OP WHATEVER ADDITIONAL FUNDS ARE REQUIRED TO DEFRAY THE PROJECT COST, AND ALLOCATING THE CITY'S MATCHING FUNDS AS NEW FUNDS FOR CRIMINAL JUSTICE USE; AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THIS GRANT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None. 21. AUTHORIZING GRANT APPLICATION DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION FOR $54J102 The following resolution was introduced by Commissioner Gordon, uho moved its adoption: RESOLUTION NO. 75-799 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, FOR $54,102. TO INITIATE A PROJECT DESIGNED TO PROVIDE THE MIAMI POLICE DEPARTMENT WITH THE ABILITY TO BETTER ALLOCATE THEIR PATROL MANPOWER BY MAPPING SUCH DATA AS CALLS FOR SERVICE AND CRIME FREQUENCY, AND ASSURING THE AVAILABILITY OF WHATEVER ADDITIONAL FUNDS ARE REQUIRED TO DEFREY THE PROJECT COST, AND ALLOCATING THE CITY'S MATCHING FUNDS AS NEW FUNDS FOR CRIMINAL JUSTICE USE; AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THIS GRANT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A, Ferre, NOES; None, 20 SEP 1975 OP BID - Gi5A SUPPLY CO, & RAYBO - IMPROVED LIGHTING AT CLIPPER CIRCLE AND AN AMMAN WE The following resolution was introduced by Commissioner Plumtat, who) =Ned its sdelptiont RESOLUTION NO. 75400 A RESOLUTION ACCEPTING THE BIDS OF G.E. SUPPLY CO. tN THE AMOUNT OV $2,430. ON ITEMS lE AND 3, AO RAMO tN THE AMOUNT OV $302.40 ON ITEM 2 FOR FURNISHING MATERIALS POR IMPROVED LIGHTING AT CLIPPER CIRCLE AND PAN AMERICAN DRIVE; ALLOCATING THE AMOUNT OF $2,732.40 PROM THE ACCOUNT ENTITLED CAPITAL IMPROVEMENT FUND -UNALLOCATED PONDS TO COVER THE COST OP MATERIAL; ALLOCATING AN AIiflt TIONAL $167.60 FROM SAID ACCOUNT TO COVER THE COST OP SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE, ETC.; ALLOCATING AN ADDITIONAL AMOUNT OP $2,300, PROM SAID ACCOUNT TO COVER THE COST OP INSTALLATION BY CITY FORCES; AND AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER POR THE ABOVE MENTIONED MATERIALS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES None. 26. AWARD OF BID - SAXON COMPANY FOR FURNISHING XEROGRAPHIC PAPER The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-801 A RESOLUTION ACCEPTING THE BID RECEIVED FROM SAXON COMPANY FOR FURNISHING XEROGRAPHIC PAPER ON A CONTRACT BASIS FOR ONE YEAR FROM DATE OF AWARD AT AN APPROXIMATE COST OF $12,220.00 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None. 26-A SISTER CITY PROGRAM: Mr. Plummer: Mr. Mayor on behalf of the Sister City Committee from Miami -Bogota, as you are well aware, the Manager and myself were in Bogota in the month of June. One of the things we felt we could do to help this Sister City program, was in the area of communications. We expressed to the department of communications, the Manager and I, that we felt that if they would furnish or send to Miami. at their expense three people from their communications department to train here, with the man who we feel as the world-wide expert, Mr, Demby and his department, that if they would pay the transportation, we would see to it that these people would be trained, The thing they didn't say was, that they wasn't going to give us 10 days notice, and yesterday at 4;20 in the afternoon, as I was driving for that public hearing I received a phone call fromthe airport saying hello, we are here, surprise, surprise, surprise, The three gentlemen, the gentleman in blue is the captain of the communications department and the 21 SEP 4 1975 other two gentlemen work with hit Mt. Denby is arranging for feat or five intensive days of training in his department, as Well as training in Motorola's factory at pt. Lauderdale for two or three days. Ab you ate aware this +pity detiared surplus tettain communication equipment for them and this it to train them in that equipment which today they are using to its fullest, so they tan handle maintenance and things of that nature, we felt it was worthwhile to them as well to tip, that they be brought to Miammi and trained in this equipment as well as others. 1 will probaly have a heck of a time with these names, but Mr. Mayor I have prepared a letter which I want presented and I ask you to present to these individuals for their stay here, that they are guests of this city. 1 would like to ask Capt Elias if you would tote tip please. Corp. Guatavo Bello Castillo, and Corp. Gustavo Vasquez=Cruz, ..ewhere is the photographer, Josephine? NOTE: Power_,falure 27• Amp. ORD. 6371 ART IV, C. 6 TO CONSTRUCT WOMEN'S DETENTION CENT AT APPROXIMATELY 1401 11.4. AVENUE - DEFERRED A resolution entitled A resolution granting approval as provided in Ordinance No. 6871 Article IV, Section 36, to construct Women's Detention Center for 164 female inmates at approximately 1401 N.W. 7th Avenue, Blocks 1 & 10, less Expressway; and property under Expressway directly to north of above; waiving the development of 57 of 139 required off-street parking spaces, subject to closure of N-S alley and replatting of property; zoned C-5 (liberal commercial) District was presented for the consideration of the Commission upon the recommendation of the Planning Advisory Board After a brief discussion, at the request of Reverend Gibson, the matter was deferred until September 25, 1975, in order to afford an opportunity for the applicants to discuss the details of the application wit the H.U.D. Board and staff. lb 6371 - PROPOSED CHANGE OF ZONING CLASSIFICATION - 2822 N.!'I, 22ND AVE. Mayor Ferre: Is the applicant here? Mr. -Jose Millo: I am Jose Millo, attorney for Mr. Nunez, the applicant, my address is 184 This application was deferred for 60 days at the suggestion of the commission, in order for the Planning Department• to make a study of the area. Due to the flight pattern of the airport, since this area is zoned R-3, which we are seeking to change to C-4 which is lots 19 and 20, part of the property owned by my client is lot 18, that is already C-4. the last time we were here, when we showed both plans for this property, we do not need C-4 for the whole development there, we need C-1, but due to the fact we do not have the necessary area, we have to go to the zoning which is contiguous thereto, which is C-4.As I argued to the commission my last time here, we believe that it is the reasonable continuation of the zoning adjactn thereto, it is not anything that would debase the property in the vicinity, since we do not propose to put in any warehouse or any type of C-4 use, We only propose to put convenient stores in that particular property; The objectors,(there have been very few) and I would like to point out to the commission that some of the objectors objected thinking this property was being rezoned for additional apartments, not for commercial uses, Rev. Gibson; I didn't hear that, Mr. Millo; Some of the objectors Father Gibson, objected thinking this property was rezoned for additional apartments. The area already has too many apartments, There ere lots cf: vacancies in the area. It is not an attractive area for residential use because of the noise of the air piano, Rev. Gibson; I remember correctly, isn't it true you already have 22 $EP4 1975 a thopping center right to the back Of that property? Mr, Millo; There is a shopping tenter ih lots 14 and IS, Rev. 0600n; Point to them pleate, Mr. Millo;--but that shopping center is fully used, and it is subject to heavy ttaffit, and is always full. Mts. Gordon: bo you want parking on this land, is that what you want? Mr. Millo: No, we do not, we want tO have it made into a small convenient stores, and shopping center. Mrs. Gordon: That is at extension of commercial use into basic residentiale. Mt. Millo:.---there's only 3 lots two lots we are seeking rezoning, 18 & 20, would faee residential. Mrs. Gordon: Mr. Acton we are in the throws of a comprehensive plan in the City of Miami, how far has that gone along as far as this area is concerned, Have you had a study of this area yet, with regard to the comprehensive plan. Mr. Acton: We are not in a position to make recommendation on land use We are almost through phase I of the study which will end at the end of this month, will the commission note this is an 18 months study, so we would be in a position comae recommendations after the next phase, phase /I, which would be about the end of next April. We did prepare a study of this area, and since the applicants raised questions about the sounds being generated from the airport, we did prepare a sound --we prepared two maps, one is the commercial zoning in the area,it is well defined, our study did show that there is ample undeveloped commercial property in that area, without putting the commission of having to grant C-4, which the commission knows is a rather a liberal commercial use into a basically well maintained residential area. For the comadssion's information we did prepare that map which shows the what they call the noise exposure factor generated from the airport and the noise exposure factor is generally broken into 3 levels. Anything under 30 is acceptable in terms of residential development between 30 and 40 depending upon the type of sound -proofing, anything over 40 should be used for commercial uses, in our shows that this property is in the 30 to 40 range and of course the commission does know the airport department in Dade County is working to move their runways back, and as time does go by the impact is found in this area will be lessened. So our recommendation at this time still is, the C-4 use should not be granted in this particular area since it would be an intrusion in residential property. Mrs. Gordon: The properties across the street are developed property? Mr. Acton: It is well developed, it is residential, they are all well maintained, it is a nice neighborhood. Mrs. Gordon: Is it single family, or apartment houses, ---- Mr. Acton: I can't tell you, it seems to me they are a mixture of single and multiple family along that corridor, is zoned for that use. Rev. Gibson; Isn't it true, that right in back of that property is a shopping center. Lets show the commission on the chart. The property you are advocating to chage the zoning is divided by a street to the back, running north and south, an alley, okay, ---it looked like a street to me, but anyway it is an alley. Then abutting that alley is a shopping center, but we will have two shopping centers , one in one block, one in the other block, just a street dividing them, is that what you are telling us. Let's locate it on the chart Mr, Acton, Mr, Millo: The property we are talking about is 18 and 20, Rev, Gibson: Where is the existing shopping center. Mr, Millo:---13, 14 4 15, 22 SEP 4 19751 Rev. Gibson: That is the existing shopping center. Mrs. Gordon: I have learned that you don't spot zone, or dote t encroach into residential area, unless you ate doing it on a comprehensive plan, Maybe this should be changed, maybe the whole thing should, not just two pieces. Mr. Acton your department has looked at that with that in Lind i assume; is that right? Mr. Acton: That is correct, we did an intensive survey of the entire area. Rev. Gibson: Isn't it true, that the property on the east, on 32nd Avenue --there is a filling station on the corner which abandoned, a thoroughfare oil that going towards the airport, Mr. Acton: —right, Rev. Gibson: All I am saying, -look, I feel we ought to be aware, and going on 22nd Avenue, north you have some newly constructed duplexes, apartment houses, Mr. Acton: Yes,, -- Mr. Millo:--but not right in the vicinity of this property. Rev. Gibson: Not in the immediate vicinity, there is a big house that sits in the back. Mr. Millo: You are talking about the property immediately behind the property that has to be rezoned. Rev. Gibson: ---the property going north. Mr. Millo:--the property going north is a single family home, which the owners are right here and they are not opposing this move. Y think they support this rezoning. Mrs. Gordon: It would then expand itself northward. I would like to see this personally. It was deferred once before, I don't know whether everybody here, Mr. Plummer and Mr. Reboso has seen it, I don't know. --- I would like to see it. I would like to form an opinion about it myself. Mr. Vernon Burns: My name is Vernon Burns, I live at 2838 N.W. 22nd Avenue. The area has been broken up, it is not a residential area anymore. All the zoning there is R-3, the zoning across the way by the hospital for a whole block is zoned R-4, it is going to be apartments all across there. There should be more shopping centers, and the junk that is in there should be removed. They have stores in there now operating that have no parking, their garbage containers are on the street, public streets, Mrs. Gordon: --which stores? Mr. Burns: The stores, --the shopping center that is around the corner from these places. Mrs. Gordon: --the ones that are on 28th street, Mr. Burns: ---right. There are two grocery stores with no parking at all, there is a coffee shop with no parking at all, there is a clothing store with no parking at all, and when you come around the corner, instead of parallel parking, they park so they are in the lane of the street, a two-lane 'street becomes a one -lane street. Mrs. Gordon: How is that going to be helped by this? Mr. Burns: They will knock that junk, --these people won't be able to survive if they put decent shopping center with parking in there, They will have to rent from these other places and get rid of that garbage or remodel it. Mrs, Gordon: I would like to look at the area. Mr, burns: You have to go on 22nd Ct, and see what is happening on 2. SEP 4 1975 Thereupon a motion to defer the natter until the next meting of the City Coisaion was passed and adopted by a unanimous vote of the City Commission. 29 SOLID WASTE TRANSP154 STATION) SING APPROVAL AT riSO NI %i 0111 STREET Mayor yetre! The Planning Advisory Board by 5 to 2 denied the request, there vete four objectors. the plannitte Depart nt recommended approval. The applicant is Metropolitan bade County. Mt. Plummer: Mr. Mayor you one again saddled me with a oneimembet committee to try to work out this situation, and I am going to fool you this time because this is the first time I think that we have everyone in concurrence. Mayor Perre: 2 am not fooled. 1 aft proud of you, JAL. Mr. Plummer: That scares me, that means more trips and committees. Mr. Mayor for the edification of the commission, let me first state that I don't think anybody including the people that are here, really would like to have a trash facility or garbage facility in the general area, but realizing that it is a must, that it must be done, the city has to take care of its garbage, and its problems, a solution has been worked out, which is agreeable to the objectors,'it is agreeable to the administration, and 1 for the record will show you what we are talking about. Can you bring that up closer? As you might recall,(can you hold it Cliff,) the original site was proposed here near 14th Avenue, then the administration back -tracked and proposed that the site go over here near the present site of the incinerator. The direction and the agreement of all parties concerned, a site has been selected, on the east side of 12th Avenue, bordering on the north to 20th Street, in the area outlined here in red. This is city property which can.be deeded over, the only problems that arc created are the problems of a water and a sewer main which run through this property which most likely the city would have to move at a later day if we ever expanded in this area. Many things came out in this committee meetings of which we had two, that know that the City of Miami Beach would be participating, in this agreement, they would be using this station, it was thought by myself' and the Manager that we could ask the City of Miami Beach to bear the cost of the relocation of these two mains. The Manager has been in contact by telephone personally with Mr. Frank Spence and met with him, and also followed up with a letter, telling them that we expect them to pick up the added burden and cost of this since they will be using this facility.. Some of the other things and just for the record, so that it will be clear, one of the other concerns of the people in the area, which route would the trucks take once they left this station. It was said, and I hope I am correct that it was hoped they come out of here on 20th Street to 12th Avenue and up the the Expressway which is a direct shot out to where the new incinerator of the county will be. Let me congratulate Mrs. Jean Bellamy was very astute in realizing that underneath here, would be vacant property. We have now entered, or will enter into a final agreement, the city utilizing. for under -cover parking all of this proposed area in here, for not only parking but also for storage of some of the things that will have to be relocated. We picked up approximately 100 parking spaces under this area here. Also one of the other areas of concern was the public property building here on the corner of 12th Avenue and 20th street, having assessibility to the motor pool which is on the other side. We have also negotiated that the ramp which comes up to the facility, that a drive under could be created for the city so these cars do not have to go out on the streets but could stay on the property and cross over into the motor pool area. Mr. Mayor, this is the recommendation of your committee, the objectors who I hope are not now objectors, can speak if they wish to, but this has been worked out, and I think this will be the best situation for all concerned. Mayor Ferre Are there any objectors who would like to speak? Rev. Gibson; J.L. where is 20th street? Mr. Plummer: 20th street is right up here, Father, Mayor Ferre: Father is I may use a P1um_merism, 'I told you So", this is the property you remember at the last meeting, I said why don't you put them behind these tanks over here, it just so happens my trained real estate eye, along with Rose Cordon's turned out,--- 25 S P4 1975 Mr. Plummer: Mr. Mayor so you don't confustPlummerim with fact,*.,.,.i we tried to accomplish what you wanted and tallith other expression§ were made, hopefully moving it even further east, - Mayor Pert*: You can't go any further than that. Mr. Plummer: ---to eliminate 86M Old building§ but at the premit titne there was no way it could be done. Nsyot Perre: You are putting it right next to those tanks. Mr. Plummer: It will be just north of the tanks. Mayor rerre: And you remember the argument vas on the other side, we said why don't we take it to the other side of the street and put it in that property we own which nobody really objects to it. The prOblein was the rev, and attest* and all that, Mr. Plummer: ---and it has been worked out. Mayor Perre: I want to thank Mrs. Bellamy and everybody who is involved in this project and I hope the county is satisfied, t assume you are, and I want to thank you for your patience, is there a notion? The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-802 A RESOLUTION GRANTING APPROVAL OF THE N.W. 20TH STREET SOLID WASTE TRANSFER STATION (METROPOLITAN DADE COUNTY) TO BE LOCATED AT APPROXIMATELY 1150 N.W. 20TH STREET AS PER PLANS ON FILE, ZONED GU (GOVERMNENT USE) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None. 29-A CLEAN UP AUTO POUND AREA: Mr. Plummer: Mr. Mayor may I go one step further and I will probably catch the Manager off guard, but I did express it in the committee meeting, and I would like to offer a motion at this time that the area over towards the 14th Avenue, which is commonly referred to as the motor storage area, what do you call it, the auto pound, that we immediately instigate action which will clean up that area, hopefully a little bit of the excess landscaping in that area, to be cleaned up, so that doesn't look atrocious as it does today, and I offer that in the form of a motion. Mrs. Gordon: Does that area need any parking? Mr, Plummer: No, this is where they store the cars that have been towed, Mrs. Gordon: I mean do they need to provide some parking in there. Mr, Plummer; Not at the present time. Rev. Gibson; Are we going to continue to store towed car there? MR. Plummer; At the present time there is a tremendous thing going on within the administraiton relating to all of this, the towing of care, the wrecker contract, the storage area, and things of this nature, and I have been working with the administration, the Manager will be coming back 26 SEP 4 1975 with some further propo$ais in relation to this item later. Mra. Gordon: The wrecked cars ate being brought over there? Mr. Plummer: Not necessarily wrecked Rose, cats that are being detained for any reaeon. At this time we have no other place to put theta. Mr. Andrews: These ate vehicles that are picked up on the elty etreete after they have passed the 24 hour period, and are parked illegally, or stored, we find people who will park a :vehicle and put furniture and clothing in it and lock it up, and leave it there for 10 days, we can't tolerate that in the city. Those vehicles are pick-up and taken to the auto pound, and usually claimed, and when not claimed, we auction them off. Mr. Plummer: The intent of the motion Father that 1 at now making IA that adequate landscaping be put there, the necessary green to hide that situation, but in particular just cleaning the area up, it needs a real good cleaning. Rev. Gibson: Let me ask another thing, I find it difficult to find a lot of junk around a hospital. You and I are in similar things but for different reasons. I think that around a hospital., the most attractive, peaceful beautiful area ought to exist. I would hope Mr. Manager, not only are we talking about landscaping, but within a short while, we ought to cease and desist. That is the veterans hospital there, and all that, to be sick is bad enough, and there is nothing wrong with being sick, but to look at that make you worse than you are. Mr. Plummer: Father so there is no misunderstanding, and I have to come to the defense of the administration, there is not as many wrecked automobiles in there as you expect. Most are being held for criminal investigation or -things of that nature. I understand what you are saying. Rev. Gibson: It is not a criticism, it is just a concern that I'd like as soon as practical to move it away from the hospital. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 75-803 A MOTION REQUESTING THE CITY MANAGER TO TAKE IMMEDIATE ACTION TO CLEAN AND LANDSCAPE THE AREA OF THE CITY'S AUTO POUND Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES; None, 30. ONE YEAR EXTEN ION QF VARIANCE - 101 S.W. 15TH ROAD - SUBJECT TO FILING COPY OF LEASE WITH LITY HTTORNEY Mayor Ferre: Le't take up Item 10, 101 SW 15th Road, t:r,tlummer, Does the administration have any problem with this renewal? M. Lloyd; One question I have on this thing, by the way_ Attorney Fred Burns has been very diligent in informing me of the progress made on this as the Commission gave him a mandate to do, However, we don't have as yet Mr Burns a copy of the lease for that extra lot, Will you get that? 27 SEP 4 1915 Mayor Ferret Where is his property? Mr. pluttier:,6,45th Road and 5rd Avenue, across the street from Pend Pair, Mayor Ferre: Oh, yes, Mr. Lloyd; Carte get the lease on that, Ered. 1 only have a letter from you saying you are entering into it. Mr. Plummer: it is subject to getting copy of the lease. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 75-804 A MOTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 101 SW 15th Road by ZONING BOARD RESOLUTION NO. ZB 180-74 SUBJECT TO FILING COPY OF LEASE WITH CITY ATTORNEY Upon being seconded by Commissioner Reboso, the motion vas passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 31, CNE YEAR EXTENSION OF VARIANCE 810 SA 9m STREET The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 75-805 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 810 SW 9TH STREET BY ZONING BOARD RESOLUTION NO. ZB 44-75, AS PER ORDINANCE NO. 6871, ARTICLE VI, SECTIONS 2 AND 3, SUBJECT TO NECESSARY DEDI- CATIONS OF RIGHT-OF-WAY, TO PERMIT CONSTRUCTION OF NEW DUPLEX RESIDENCE, BEING LOT 2, BLOCK 3, ANDRE'S RESUB (6-143), WITH LOT AREA OF 3837.5 SQ. FT, (4000 SQ FT. REQUIRED), AND WITH REAR SETBACK OF 10' (20' REQUIRED), ZONED R-2 (TWO-FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L. Plummer Mayor Maurice A, Ferre. NOES; None, 28 S R4 1975 32. MIAMI JEWISH HOME & HOSPITAL POR THE AGED, INC. - ONE YEAR EXT. OP VARIANCE ONE YEAR EXT. OP COND. USE ONE YEAR EXT. OP.COND. USE. The following resolution teas introduced by Coissiufier 'Gibsotc, who mowed ita adoption: RESOLUTION NO. 75-8O6 A RESOLUTION GRANTING A ONE YEAR EXTENSION OPVARIANCE TO PERMIT CONSTRUCTION OP ADDITION TO JEWISH HOME FOR THE AGED AT 151 N.E. 52ND STREET wiTH 30.92 LOT COVERAGE (282 PERMITTED) , WAIVING 49 OP 112 REQUIRED OPP-STREET PARKING SPACES, ZONED R-4 (MEDIUM DENSITY MULTIPLE) AND R-2 (TWO FAMILY), PROPOSED TO BE REZONED R-4 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution Was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-807 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF "CONDITIONAL USE" TO PERMIT CONSTRUCTION OF ADDITION TO JEWISH HOME FOR THE AGED AT 151 N.E. 52ND STREET, ZONED R-4 (MEDIUM DENSITY MULTIPLE) AND R-2 (TWO FAMILY) PROPOSED TO BE RE- ZONED R-4 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre. NOES: None The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-808 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF "CONDITIONAL USE" TO PERMIT USE OF TRACT B, T.P. 11898 "DOUGLAS GARDENS" AT 150 N.E. 52ND STREET, FOR OFF-STREET PARKING, WITH ONE TEN -FOOT OPENING ON N.E. 52ND STREET, IN CONJUNCTION WITH JEWISH HOME FOR THE AGED AT 151 N,E. 52nd STREET, PROPERTY ZONED R-1 (ONE -FAMILY) AND R-4 (MEDIUM DENSITY MULTIPLE) (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; 2 SEP4 1975 AYES: Com .ssioner Manolo Reboso CoMmissioner Rose Gordon Commissioner (Rev,) Theodore Gibson Vice Mayor 3, b. Plummer Mayor Maurice A. Ferre. NOES: None 33. IScU S1oN OF THE PROPOSED, METROPOLITAN DADE EXPANSION Of IRS SERVICES IN AREAS OF THE COUNTY NOT INCLUDING IT? 0f rilAMII Mayor Ferre: l am very concerned and 1 went to share try concern with you about the Metropolitan budget that is being discussed. There is a tremetdoua amount of pressure, follow me very closely, this is a major item for the future of the City of Miami. There is a lot of pressure going oft for Metro to expand its fire services. /talked to the Manager, to Ray Goode, and from what l have been able to observe and what t hear, I think we have to keep in touch wlth Metro ,they affect us in a very important way. As l understand it, the pressures ----the maximum pressure on this budget, the Metro budget, is for expanded fire services. Now, the City of Miami is not going to be the beneficiary of one curt of those expenditures. I would like for this city commission to offer a tegolution to be sent immediately and delivered to Steve Clark the Mayor, with copies to Ray Goode, that the City Commission very strongly urges Metropolitan Dade County that if they do expand any services like Fire, that do not, of direct benefit to the citizens of Miami, that the citizens of Miami not be asked to assume the burden of paying for these services, and that the only feasible way that we think it can be done, is with a special taxing district for those specific services, and that we strongly urge that if they wish to spend more money to upgrade their fire service, or any other service, that is not direct benefit to the City of Miami that it be done in this method, and that a special millage be assessed rather than it be placed on the general millage, as they have already accepted in principle in the past on some items, and as in the joint meetings held between this commission and that commission, and the two memorandums that have gone from the manager to that administration and that board, and have carefully outlined, would somebody move that. Rev. Gibson:I move it. Mayor Ferre: Father Gibson moves, and J.L. Plummer seconds, and Mr. Manager if this passes, it is very important that this be carefully worded, Mr. Attorney today, and that it be delivered to the Manager's officer this afternoon, please. Mr. Lloyd: Mr. Clerk could I get a transcribed copy of that as soon as possible so we can word that during the noon hour and bring it back to this commission right after lunch so it can be properly delivered in time. Mr. Mayor ,----- Mayor Ferre: Call the roll please. Thereupon the motion was passed and adopted by a unanimous vote of the Commission. ' Mr. Lloyd: Mr. Mayor, in line with this, as you will recall, at the budget hearing we suggested Mr. Andrews and myself, that yourself, or any member of the Commission and Mr. Andrews appear at the budget hearings. of the City Commission, and they begin this evening, the County Commission I mean, ---and they begin this evening at 7 P.M. Now, Mr. Andrews has delivered a letter to the members of the Board in forming them that they have not complied with the State statute by not answering or responding to the City of Miami Commission's former request regarding the double taxation statute with 90 days required by statute, and Isuggest that Your Honor or any member of the Commission, wishes should be at the commission meeting tonight and should make a presentation on this situation, if you wish. Mayor Ferre; I think that is essential, and I have a speaking engagement and I am sure you all are going to be at that labor conference, that labor meeting, the Latin labor, -.--I am sure you have all been invited. I think that is at 8 o'clock, but perhaps I can get over there at 7 and show 18m there ---I think is really essential, Paul, --- Mr. Andrews; I am going to be there definitely, I am hoping that some 30 SEP4 1975 some representative of the Commission will be there to att at priaeipai spokesman in behalf of the commission. Mayor Ferret f'11 be there at 7. If there is no way I can speak between 7 and 8, then it will have to be in somebody's hands. . Mr. Lloyd: There is one thing I might suggest if 1 may, the county Clerk informed me the meeting was advertised for 7 but the County Manager's agenda said 7:30. 1 haven't been able to double check that yet but I'll see if 1 can get further information and make sure of the exact tide. Mr. Plummer: Why doesn't Mr. Andrews try to make those arrangements now by informing Mayor Clark of the problem that we would like to make a statement and we would appreciate due to the time problem of the Mayor that he be allowed to go on first. I think Steve would honor that. Mr. Andrews: Yes, I would like to read into the record so there is no misunderstanding, the letter that I sent, I would like to have this appear in the City Commission minutes and on the formal record. This is a letter that I sent to all members of the County Commission including the County Manager and it is referenced municipal service tax and benefit unit: 'Gentlemen, on May 8, 1975 pursuant to Chapter 74-191 Fla Statutes, Sec. 125.01, the commission of the City of Miami adopted a resolution identifying services rendered specifically for the benefit of the property or residents in unincorporated areas and financed from county -wide revenues, said resolution was a petition to the Board of County Commissioners to finance such activity pursuant to the provisions of Chapter 75-191 Florida Statutes, Sec. 125.01 6 A FS. Said resolution identifying the services rendered and petitioning the County Commission as aforesaid was transmitted to the Board of County Commissioners of Metropolitan Dade County shortly after its passage. Subsequently thereto a joint meeting of the Board of County Commissioners of Metropolitan Dade County and members of the Commission of the City of Miami was held for the purpose of discussing the matters involved in resolution 75-466. More than 90 days have passed since the transmission of the petition of the City of Miami to the Board of County Comissioners of Metropolitan Dade County and no action has been taken by said Board with respect to the petition, Seca 125.01 6B Fla Statutes requires a response to said petition within 90 days after receipt of such." I have, I want you to know raised the question I am not sure ofthe answer, and I don't know if Mr. Lloyd is sure of the answer at this point, and I don't think we should press him for an answer at this time but I question the County whether they can legally adopt their budget in the face of the constitutional requirement without giving consideration to the City Commission's request. Mayor Ferre:Ladies and gentlemen I hope you recognize where we are heading in this. We may be heading for legal action. I hope there is no misconstrue'. I don't want that and I don't intend to push for that but we have to face this decision squarely and with a lot of conviction and courage. Mr. Andrews: Sir, you have a very serious responsibility as far as the people of the City of Miami, as part of the total county taxing structure, and you have a direct obligation and responsibilty to them to do whatever is a legal and proper thing to do in their behalf. Mr. Plummer: You put them on record? Mr. Lloyd: Mr. Mayor, if I may briefly comment on that. As the City Attorney, purusnat to the wishes of the City Commission, I have taken what I deem as the attorney for the City the appropriate steps to go on record which are the necessary preliminary steps to an action at law against the county to froce theta to comply with the constitutional mandate and the State statute in the event they don't do it themselves. These are the prerequisites to an action. I want you to know that. Mayor Ferre: I am just saying it so I hope to God it never comes to that, but if it ever comes to that, I don't want anybody to be very surprised and shocked, That is the way we are heading right now. Mr. Plummer; M. Mayor is that all you have on that item? Mayor: Terre. Yee. SEP4 1975 Mt Plummet: Can we go ahead an that tie will know iti the future. 341 PROPOSE CHANGE OF MEETING DATES FOR MONTH OF NOVEMBER (SEE 75$ ) Mt, Plummet: Mt, Manager, I see ogee again that Thanksgiving falls on a commiaaion date, that day do you suggest for the second meet ink itt November? Mr. Andrews: I think is very tree to start Thanksgiving by having the meeting before Thanksgiving so any one of those days, 24th, 2vth of 26th,=.....,. The following motion Was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 75-809 A MOTION TO CHANGE THE DATES OP THE REGULAR CITY COMMISSION MEETINGS IN NOVEMBER FROM NOVEMBER 13TIH AND 27TH TO NOVEMBER 6 AND 26 Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. (See Motion No. 75-813 adopted later in the meeting.) 35. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS, INVITATION TO POPE PAUL: Mayor Ferre made commendations and presentation to the following: Officer George Mishler, "Barney", 3 1/2 yr. old German Shepard, Kelley Everett, Lt. Michael Cosgrove,Rene Brodsky, Mercedes Baisiero, Aida Deymier, Maria Elena Torano, Yoli Buchmann,Alicia Baro. Eripedes Riera, Semana de las Republicas Centroamericans a commendation for 150th Anniversary of Independence of the Central American nations. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO, 75-810 A RESOLUTION BESEECHING HIS HOLINESS POPE PAUL VI, SOVEREIGN OF THE STATE OF THE VATICAN CITY, TO VISIT 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 Gordon, the resolution was passed and adopted by the following vote- AYES; Commissioner Manolo Reboso Commissioner Rose Gordon commissioner (Rev,) Theodore Gibson Vice Mayor J, L, Plummer Mayor Maurice A, Ferre, NOES; None, Member of Miccosukee Indian tribe presented Mayor Terre a jacket,to present to pope Paul, 32 SEP4 1975 36, PERSONAL APPEARANCE CP BARNEiT L ZARUS REGARDING PROPOSED SOUTHiRN BED RAZE INCREASE, Mayor Ferret Go ahead, please. Mt. Unlit tazarus icy tame is 3arbett Lazarus, representing the Florida Congress of Senior Citizens organizations, itt the Congress huiidittg Miami, Florida. What I have to Jay is said in sorrow more than in anger. One of the most important everts that was held in the State of Florida its the last 20 years that I have been a resident took place at the bu Pont Plaza hotel about 3 or 4 weeks ago with the regard to the 216 million dollar rate increase that Southern Bell`is trying to force upon the people of the State of Florida. There were about 400 people there, unfortunately, to my chagrin and surprise, nobody was there representing the people of the city in an offieial capacity, from the City of Miatni, representing the people of the City of Miami. Most of the people in Miami are on fixed income, I'd say approximately 90% of theft. This rate gouge, which is absolutely illegal and immoral, is going to be put into effect uless somebody gets up on their hind legs and does a little bit of hollering, There is no reason why the City of Miami should not have been there. I think they are the second largest bill -payer for Southern Bell in the Dade county area. This is a very important situation. Many people are having the noose tightened around their neck by degrees, by these money-grubbing utilities without any protest. This is ridiculous. Mayor Terre: Ike, do you remember when I first went on the Commission, I got into this whole thing. You remember how badly I got burned back in 1967 ----you were there with me, and you argued with Arnold Hirsch, Mr. Lazarus: I didn't see you get burned. Mayor Ferre: I am not talking about me, I am talking about the City of Miami. You remember how we went around and around, and never got any place, because when you get down to it, it is a question,---I'11 tell you what I think of the situation. We have a bad problem with utilities. You know what it is, they have a monolopy, and let me tell you who regulates the monoply, the monoply is regulated by something called the Florida Public Service Commission. Let me tell you why I got frustrated. The Florida Public Service Commission acts as Judge, as jury and as advocate, and there is no way in God's world, as long as that system exists, where you, I or anybody else can do anything about it. What we ought to do, what the citizens of this community have got to do is change that monstrocity so that the people of Florida are properly represented, so you don't have to put the burden of being a judge, jury and advocate on 3 individuals. That is wrong, ----dead wrong. Once we change that system, then we are going to have an avenue of changing some of these things. Otherwise, to go down there and protest and talk, is just a lot of words. Mr. Lazarus: If you had heard me out you would have saved yourself a little time. I have a suggestion . Mayor Ferre: Tell me what it is. Mr. Lazarus: First I want to point out a few very potent and important facts. One is that last year the Southern Bell made 226 million dollars of which they sen 210 million dollars up to the parent company and left no money for them to do any work that they should be doing for the people of the State of Florida, 210 million dollars and sent it up to New York. Mayor Ferre: What do you want us to do? Mr. Lazarus: I'll tell you what I want you to do. In February the Florida Public Service Commission gave them 86 million dollars, these poor people, they only make 226 million, they only took 210 million and sent it away, the Florida Public Service Commission, which is the hand maiden and rubber stamp of all utilities here, is the one that is the culprit in the deal. That is no question about it, I want the City of Miami to take steps with regard to the September 23 meeting that is going to be held on West Pam Beach, I will attend, I want them to issue a proclamation or statement of some kind, urging the people in their city to write letters (Jf protest to the FlIbii.c Service Commission in Tallahassee, telling they are unalterably opposed to this swindle, which is exactl.Y what it is. 33 SP4 1975 • Mrs, Gordon. Mr. Mayor 1 can't help but agree because it hurts everybody, Mayor Ferret 1 am with you. Mrs, Gordon; I would like to make the motion that we as a City Commission,Mayor and administration deeply concerted with the real problems in the community, the small people who don't have it, cattt stretch it, the money does not go fat enough as it is, that we strongly urge them not at this point ih time, when the economy is suffering as much as it is, to give any rate increases whatsoever. There are big ads that go on T.V. a lot of money spent in promotion, if they cut down on some of the frills, maybe they wouldn't have to raise the ratea. So / so move. Mr. Lataruat In addition to that I would like to mention the fact, that they are laying off people by the 100's . Mayor Ferre: Repeat your motion, Rose, Mrs. Gordon: The motion is that this City Commission Sr, Mayor, go on record to the PUblic Service Commission asking them not grant any rate increases in rates, that this is the wrong time in the economy for the poor people who are living on fixed incomes, who cannot afford and must have telephone service, and that they would cut down, and cut out some of the fat, some of the advertising and some other fat they use, possibly they wouldn't be it there asking for such enormous rate increases. I think they are outrageous, the increases they are asking for. Mr. Plummer: Let me say this Rose, I concurr there are problems. I will be glad Rose to second the motion, that this Commission go on record strongly urging the PUblic Service Commission that due to the financial and economic conditions of today, and the people that reside in our City on fixed incomes, that we feel very strongly that they must examine and well justify any increase and not a cursory look. I don't think we can circumvent the authority vested in that commission, good, bad or indifferent, and I think ve can put them on notice by that kind of motion, that we intend to watch this thing, and they had better be able to document any rate increase they give. That is acceptable to me. Mrs. Gordon: Mr. Mayor I think perhaps, the fact that, we are taking this position should be advertised to the general public and that we urge the citizens who are concerned with this matter, Mayor Ferre: Mr. Andrews you had better listen to this, part of the motion is that this be advertised in a public newspaper, Mrs. Gordon: ---that our position be advertised, and that we urge those citizens who are concerned to write directly to the Public Service Commission so there will be a real strong response to our resolution. Mr. Lazarus: Before you vote on that I would like mention the fact that I addressed the Metropolitan Dade County Commission yesterday, they are going to do the same thing in most forceful manner and get every mayor of every city in Dade County to do the same thing. We wen win because we have got the facts that we are going to present September 23 at that meeting, This time we have the facts, we are going to nail them. Mayor Ferre: The smartest man I have met, smarter than you and me, was Arnold Hirsch. Arnold Hirsch is the man who knows more about utilities than any other person I have ever met. We went around in a circle and spent thousands of dollars, ----Bob High started it, I continued it, Mr, Lazarus: Who do you think got Bob High started? Mayor Ferre; You got him started, you got him Hirsch, ---the rate expert, we got him in a real donnybrook, let's vote on this thing, I am with you. 34 SEP 4 1975 The following Malan was introduced by Commissioner Gordon who honed its adoption: MOTION NO. 75411 A MOTION URGING THE PUBLIC SERVICE COMMISSION TO ktAISE TO GRANT ANY INCREASE IN TELEPHONE RATES To SOUTHERN BELL TELEPHONE COMPANY WITHOUT CAREFULLY CONSIDERING THE NEED THEREFOR Upon being seconded by Commissioner Plumter, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummet Mayor Maurice A. Ferre NOES: None. 37. PERSONAL APPEARANCE OF FRANCISCO PUJOL REGARDING RECENT BAHAMIAN ACTIONS AS THEY AFFECT LOBSTER FISHING, Mayor Ferre: have Mr. Francisco Pujol, who is here on behalf of the hundreds and hundreds of Cuban and American and American -Cuban fishermen that make up over 500 families, most of them American citizens, and have been Beverly hurt by the ban on lobster fishing in the Bahamas. Before I let you speak Mr. Pujol I want to say that the City of Miami commission obviously cannot get involved in international ----we have no influence over what the Pindling government does. That is what the federal government and the State department are supposed to do. Where Ithink we can help and what I think we should address ourselves to, is that these are American citizens that are being severely hurt because they are unable----(J.L. I want you to listen to this) --because these American citizens for the most part are unable to collect unemployemnt insurance and they are not protected in any way, and the tragic situations is that these people are out having to sell their homes, their boats and furniture, --it is a real human tragedy that is going on. They can't get work, and all they want is the right to work. It is a sad situation, and after we hear him I think we ought to make some kind of motion to the Governor because there is a solution to the problem. Mr. Francisco Pujol: Thank you I will try to be as brief as possible, but we have awaited the outcome of these negotiations. From the beginning we knew it was going to be a failure, and was advised to the American delegation over there, and this has become a political matter, more than an ecomomic matter to the Bahamians, and we developed an industry from scratch, we were American refugees in the first instance, later residents, and eventually all are citizens so from the beginning we dropped Mr. Addler's issue of reciprocity only with American citizens. I told them to drop that issue, we are Americans, because we are citizens. This is aggression to the American fishermen, as Mr. Pindling said it is irrelevant to him what is our problem, this is a city problem a State problem or a federal problem, but not his, but there is the fact that the American taxpayer already pays more than 10 million dollars in agricultural aid, They depend on the tourist trade. If a hurricane struck then they will come back to the Americans for help. So he is irrelevant to our fate,They did copy a law that was passed in May to protect the , but at the same -time he should have copied the law that the Americans passed that allowed the Canadians to continue fishing in the traditional grounds, with an offer - than package not to take away their resources, to protect them, to pay for what we take, to train their people, to provide jobs, but he is playing politics, and now as of this moment, and it can be proven, we that fled from communisim, risking our • life to come to this great nation of freedom, we find we have been sold out by the State Department, just to get the Bahamian vote in the United Nations, that all we know, always a block against the U.S. interests, and. as of this moment, the Cuban boats from Castro are fishing the ground that we traditionally did fish, --lobster, not fin went to see Mr, myself, and he denied us the right to even $0, fin fiehing, that is not inside the law, so we are in a desperate position, we are self employed people, we are not covered 35 SEP4 1975 by unemployment compensation, tip to how, nobody has one to the aoiution to our problem and l imagine very shortly cruse will increase because when people get desperate, and it le not people looking for an easy job, a lousy way of staking a living, spending 30 or 40 days out there, which the Bahamian is not going to do, and as of now, the Cuban boats are transferring the sate lobster to the Bahamian boats, and is coshing into this very pert, because a lot of lobster is coming here now, that the Bahamians are not fishing, but they are transferring from the Cuban boats, so what should be our position? The Americans used to have a time when they needed something, they did it for the benefit of everybody, like when they needed Panama, and Goiut►bia was hesitant. They created a new nation and built the Panama canal.. When they needed Mexico, they wrestled it away from Spain, and Mexico, -----they blew the Maine theraelves to have an excuse to take over Puerto Rico, and Phillipines, but as Teddy Roosevelt said, nobody is going to like us, but let's make us be respected, but now is the case, that you are allowing blackmail, because of Mr. Pitldling's sake, in inter- national law , we are equal. We are a small nation, we will resort to the United Nations, but we have been denied the right to work, where were making a living in traditional fishing grounds. I came here to state it as a record, so people later will say we were not aware. I am going to hand the Mayor a letter that we are going to hand to every politician because there are no more negotiations, that is finished. Some solution has to be found to our problem. We live in Miami we have been paying taxes, --home, school and income tax and the 40 million that was dispersed through this community is going to be felt very soon, but pretty soon. But don't blame us of whatever happens. We don't agree with putting bombs in innocent people. That would have been the least target we had chosen. We want to abide by the law, but someting has to be found for us. It is not our fault that our government has to scare us off, and we can prove all these things, while the Coast Guard is protecting the Bahamian interest, not ours. Mrs. Gordon: Mr. Mayor may I ask a question of this gentleman? Since they are the victims of an international policy. Mr. Pujol: We are the victim of international policy. I was an adviser there, Mrs. Gordon: I understand, if you want to go on with what I have in mind, and ask this commission and our Mayor if we could as a city go on record asking the small business administration, Mayor Ferre: That has already been done, Mrs. Gordon: ----this city hasn't done it, and we ought to do that. Mayor Ferre: Let me explain where we are. It is a great idea, listen to this, it is important, Dante Fascell yesterday came out with a declaration that the federal government has an obligation and should try to alleviate the problem. His recommendation was that the samll business administration participate in making loans which would give a temporary relief because the problem is that these people are losing their homes and their boats, they can't keep up with mortgage payments, they are having to sell their furniture. They are going bankrupt. Now it is becoming a question of feeding a family. A man I was talking to on the telephone right now was Jim Southerland up in Washington, at Congressman Claude Pepper's office, Senator Pepper is in London, so he is not available today, but I told Southerland that I thought this is something that Claude Pepper ,----it is a federal problem, and they have to pressure the federal agencies to come forward with a solution. He promised me he would call the head of the SPA and be back in touch with Frank Cobo, I think what the City of Miami Commission should do is go on record supporting the problem of these people,------ Mrs, Gordon and that federal aid should be made available to them, and because they are mostly residents of'the City of Miami, that we have more responsibility for this to be done than probably any other municipality or county, so I so move that we go on record in support of what they are doing and trying to accomplish in Washington, Mayor Terre: There is a motion and second, after we vote on this, 1 think you ought to make a separate motion to the Governor, with al.l due respects to the Governor, I think that the State has done absolutely nothing, and I know has been involved in all of this and he means well, but I don't see any solutions coming out of it. I think the State has sOMO r"eeponsibi..].ity 36 SEP 4 1975 on this. Mrs, Gordon: I would ditett that this go to our Congressmen and any of the personnel that we should address in the stall business administration so that they be aware and that we should send ths same kind of a resolution to the governor and he take any action that tan be taken ott a state level for relief. but fr11 make it a second motion if you get a second to this one. The motion was passed and adopted by a unanimous vote of the Cotttnission. Mrs, Gordon: The second motion is we address ourselves in the saute manner to our governor, that we are deeply concerned for the citizens who are involved in this industry here it our city who are suffering because of this Ittterntaional policy and we urge, strongely urge, the governor to find some relief for them. The motion was passed and adopted by a Mr. Pujol: Thank you very much. t go farther, if anybody was interested, Mrs. Gordon: Would you furnish us I would and I know the Mayor would. unanimous vote of the Commiseon. want to keep it on with facts to make with the facts. We the record, I could more cleat. would appreciate it, Mr. PUjol: Sure t will, we could provide you with facts that the Cuban fishing boats are there using our former grounds, fishing for lobster, not fin fish, and that we were dealt off by the State department, they were very near-sighted, in conversation, I was there. Mrs. Gordon: Can you give me the facts now. Mayor Ferre: Why don't you meet with him after 5 or 10 minutes? Mr. Pujol: Thank you very much. RECESS: The Mayor announced the Commission was in recess until 2:15 P.M. The City Commission reconvened at 2:30 o'clock P.M. with the following members present: Mrs. Gordon, Rev. Gibson, Vice Mayor Plummer and Mayor Maurice Ferre. Absent: Mr. Reboso. 38, PER •►. APPEARANCE OF MRx FRANK SPENCE, CITY MANAGER OF MIAMI BEACH: �EPUBLI TI L LONVENTION OPOSEQ ("IIAMI (ONNNENTION HALL. TSON ISLAND DEVELOPMENT, JOINT MEETING Mayor Ferre: At this time Mr. Frank Spence, distinguished Manager of the sister city of Miami Beach. Mr. Frank Spence: Thank you Mr. Mayor and Commission, I am here representing the City Council of Miami Beach. " Approaching our sister cities of Miami and Metropolitan Dade County, certainly the State, for financial assistance and manpower assistance for the forthcoming 1976 Republican National Convention As you have been reading, we are one of three cities under consideration for the Republican National Convention. WE have successfully hosted three consecutive conventions in the past. We are preparing a contract now with the Republican Party which does cost some money, although we have offered virtually no cash outlay and no goods and services. Ours is the least bid monetarily and service -wise of the other two cities in the running, The REpublican Party will be making its final decision on Monday as to where it will go, We are asking for two things if it is within your power to grant, one is financial assitance and the other police manpower. We feel that that economic impact on all of Dade County is approximately 20 million dollars, The businesses and residents of Mian2i will benefit greatly from this 20 million dollars, We will be using thousands of hotel rooms located on Miami, the Sheraton our Ambassadors, Du Pont Plaza, the Howard Johnsons, these have all been lined up if we are selected. Secondly, all of the purveyors that provide all of the food supplies linen services liquor etc, are located here in Miami, OUr hotels although they tight be taking in the stoney, turn around and purchase all -their supplies from businesses here in 37 $E 4 1S Miami. !thirdly, many, t►any of the employees of the hotels and these businesses reside in Miami. We feel that the economic benefit and the overfloW of the possitive impact of this convention coming to this area as well as the possitive publicity value nation-wide, since many times we are very sensitive that they leave off 'Beach' ao you get credit for hosting the convention whether you want to or not. So, this follows up my original letter of request to this commission as well as the County and the governor's office seeking some type of support an assistance: I believe the City of Miami provided over 560 policemen in 1972 and although the situation has changed, the issues have changed, perhaps even the protest groups have changed, we are looking just to, --for Mainly, police assistance, since we have only a 250 member police forces And in 1972 we lied 2,300 members, so Mr. Mayor that concludes my presentation. Mrs. Gordon: What did you say, you had how tarty? Mr. Spence:----2,300 law enforcement officers in 1972, Mayor Ferre: that was Dade County, Miami, the States Ft. Lauderdale, Mr. Spence: The State provided over 750 members of their highway patrol, and anybody who had arrest powers. Rev. Gibson: I am sure I become sensitive more and more as I go around this country, how important it is for us who live in Dade County to give a united front and presentation, and it is,- -I am convincedthat most people who come into this area, tnost of the people think they are coming to Miami anyway. That might be an over statement. It might be, that perhaps the Manager ought to be asked to look into this matter, with the hope that the answer will be an affirmative answer and that certainly we would want to be partners, certainly to a degree, not in running their business, but know that if the convention comes we get some of the fruits of the convention. Is that possible Mr.Manager? Mr. Andrews: The City Commission is certainly aware of the constraints facing the city as far as this budget is concerned, but this is worth exploring at least to determine how the city might be able to participate and how we might be of assistance if this is successful so to that extent I will get together with City Manager Spence, and with our police department to see what can be arranged and report back to this commission,' the consequences of that review. Mayor Ferre: Let me express my opinion very briefly. Obviously we are all Democrats, this is a Republican convention, That has nothing to do with it. We think the Replbulican convention in Miami Beach will be of tremendous value to this community, because the businesses in this community, with all due respects are not in Miami Beach, they are in Miami, and the people that work in the hotels of Miami Beach don't live in Miami Beach for the most part, they live in Hialeah and Miami, and in the County so, and the taxi dirvers that drive the cabs don't live in Miami Beach, they live in Miami and they are taxpayers and citizens, so I think I see the benefit there. Secondly, and you didn't mention this, I think it is a very important factor, the whole nation watches these national conventions. The multiplier effect in the subconscious of 40 million Americans, of Miami and Miami Beach, and the:scene, and the weather and the palms, ----you have some palms left in Miami Beach, all of those things are psychological things that remain in the minds of people, then when it comes time to select, what will we do this winter, where do we go for a week, why not go down to Miami, ----it is a multiplier thing, and we don't know. Yesterday we had Monne Llghte here, and she wanted 36 or 16 thousand dollars for the Women's Conference. That is going to bring 500 people, this convention is going to bring how many? Mr, Spence, We anticipate 25,000 people, Mayor Ferre: How can we not be interested, how can we not help. This is going to affect everybody in this community, it will affect Cuban, Puerto Ricans, blacks, and whites, and people that work in this community and God knows we need a little work around here, Mr. Spence: I am glad you mentioned a joint effort. I understand lose of you saw a presentation by Frnie Siler today on the Bicentennial. show. The Tourist Des?, Authority of the City of Miami Beach has pledged $300,000. to underwrite the cost of this show which will be held at the convention hall itself, 38 $EP4 1975 so it again is aft area.,wide show. We expect great things in 1976. 1 think the focus of the country is going to be Oh Dade County and Miami Beath with the Super Bowl in the early part of 1976 attd the Dicer tettnial event in July which NBC has expressed a great interest in, and will probably televise the whole thing, the whole hour and a half show, and with the political Conventions the eyes of the world are certainly going to be on this area. Mayor Verre: I want to commend you for the efforts sad don't get discouraged. We ate with you and will help you as touch as we can, and we think it it great think you have taken on. This community does not live an island unto itself, we are all together, maybe you are on the other aide of the bay, its still Biacayne Bay, and we are both a part of it. We are happy you are here and please walk away from here with complete assurance that we will do what We tat within the scope of what is reasonable for us to do. But if we participate in so many other things, certainly I think this one we cans Let one touch on another subject, we are going ahead as you know with our convention facility here. I haven't talked too much, the press isnt here today, they are out at Dennsuco. There was an accident and two people died, and Ron Sachs and 5 other reporters are there. I wanted to say this, i think it is essential as we approach the design of what this convention center is going to be, that we very carefully coordinate with you. We don't want to do this alone. We don't want to duplicate anything you have. We want to see what kind of people go to your convention hall so we won't appeal to those people. We want to appeal to a completely different group that you may not be getting, ----the smaller conventions, the more technical things. Perhaps conventions that need audio-visual, more sophisticated audio-visual money than you have. I didn't want to get into this argument last night when we were talking about this Dinner Key Auditorium because I think we ought to spend a lot of our money, and that is why I think it is going to be a 12 million dollar convention ball, and it is going to be a relative small convention hall. I don't think we should buy brick and mortar and steel. I think what we need is audio visual equipment, simultaneous translators, all types of visual aids where for example we can appeal to the Brazilian medical convention to come to Miami and have something jointly with the University of Miami heart institute. The type of thing we will be reaching out to bring in conventions to Miami that normally wouldn't come here, or wouldn't think of it. We don't want to be just one more convention hall out of 380 convention halls available in the U.S. because otherwise we are going to be in economic difficulty and it is not going to be good for you. We want your help. Mr. Spence: You have it sir. We have one of the finest convention managers in the country and certainly Ericson, our convention bureau director who is aware of the various groups that exist throughout the country that would choose such a facility over, ----- Mayor Ferre: I'll tell you what I would like you to do if it is all right, I would like to ask you to meet with Paul Andrews, and have your staff and some of our people meet, and after you have had one or two meetings I would like for you to extent an invitation if you would tell my friend, Mayor Rosen, to extend an invitation to all of us on this commission to spend the morning, why don't you buy us lunch or something, -we could walk through it, I would like to see it, see what you have, I would like to see how many people go there, how you reach, so at least we are aware of what you are doing. Mr. Spence: I think it is a great idea, I think it keeps the channel of communication open, and eliminates any misunderstanding, which is essential in all of relations. Mayor Ferre: Frank, the next thing I want to bring to your attention. We are going to be discussing Watson Island in the next few months. I think you ought to be part of those discussions. Watson Island could just as we1l be part of Miami Beach as Miami. I would Mr. Andrews,. that we keep Mr: Spence fully informed, and at the time you select, I would liice to ask for a joint City of Miami -City of Miami Beach council -commission meeting, where we would. sit down and discuss this whole project, with you and perhaps get you andget your ideas and your in -put and see, perhaps your cooperation, and maybe we can get some of your money, if you don't want to develop that South Beach as quickly as some of you want to, you might have funds available to talk about, that would be of mutual help. Mr, Spence; Will be glad to meet with you and discuas it with you. Thank you very much. 39 S P4 1975 39, CHANGE OF ZONING t AVta tC N "Ngutlgi v are Mayor Petrel Is there anybody her who wants to ssgeak can I tern 16 la there anlfboty !sere fhb wants to address themselves to Item 167 this is second reading. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE DINANCE FOR THE CITY OF MtAMI, BY CHANG- ING THE ZONING CLASSIFICATION FROM R 1 (ON'E FAMtt ) , P. 2 (TWO PAMILY), R-4 (MEDIUM DENSITY MULTIPLE), RtC (REST. bE=TIAL OI'FIGE) R-CA (RESIDENTIAL MICE), C=1(LOCAL COMMERCIAL), C-2 (COMMUNITY COMMERCIAL) ANC C-4 (GENERAL COMMERCIAL) TO R-CC (RESIDENTIAL OFFICE) FOR THE Mtt0W ING AREAS: AREA It 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.V. 32ND AVENUE SOUTH OF bXXIE HIGHWAY; AREA 3: BOTH SIDES OF BRIDGEPORT 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 MA#CING THE NECESSARY CHANGES IN THE ZONING DIST- RICT MAP, MADE A PART OF THE SAID ORDINANCE N0. 5871, BY REFERENCE AND DESCRIPTION IN ARTICLE ILI, 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 July 17th, 1975 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8442 - "A". The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 10 ORDINANCE AMENDMENT - SPD-2 COCONUT GROVE SPECIAL OVERLAY DISTRICT -DEFERRED- Mayor Terre: Are there an' ob4ectors to !tQm Al?? Mr. Rice, Mr. Dean. Mr. Jack Rice: Actually, 17 is entwinned with 18 and 20, Mr. Mayor. Your honor, may I also suggest that the proponents speak first because I see they're here en mass as per usual. One thing I would like to bring up first, however, Dr. Robertson has given to the commission a request for a continuance predicated on three things or actually two things. One is that Hconomic Report Services is preparing an in depth study as to the economic affect. Mayor Ferre: Who is making a study? Mr. Rice; Economic Report Services. That's Mr. Kimbrough's organization and Mr. Wild actually is in the process I believe in being in charge of the work, In addition, Mr, James Dean our architect is preparing some studies and he has partially completed these studies. We therefore request that until all this matter can be presented to the commission that you continue it til the economic research study is done and in the interim I would make the following suggestion; One is that Pr, Robertson will give you a letter stating, of course, that he intends to make no building or construction on his land, Mayor Ferre; Mr. Lloyd, is that legally binding, a letter? Mr, Lloyd; To, it's not legal, no letter is binding, 40 EP 41975 Mr. Rice: tut secondly we would say that you should c ihht .nue your moratorium on the area for building as you've done which has been in existence for some titre. There is nobody to my knowledge that is building in there and i have spoken to practically everybody along Bayshore that owizs property and hone of theta to my knowledge intends to build. Dr. kobertson owns the single largest tract that is affected by this. In addition to the moratorium in order that everybody be fully advised as to what we're doing we would like your honor to appoint a committee to work with Mr. bean and to be chaired by George Acton who can act as an unbiased, after all, his main concern is getting a good ordin- ance for the city. What this will do it will prevent us and won't require is to take any other legal action and i believe that the CbMtissiOn can be more fully informed both as to the economic affect and as to the architectural affect and the lot area coverage and these other items. Mow. Jimmy bean is here hem... Mayor Ferret Well, let's see, we have some of the proponents... I saw Mr. Jacoby here... Mr Rice• The reason why I raised this question ts that 1 a � make a continuance is that takes precedence on the motion calendar and would save us all a lot of tilne if you're going to continue. But I'd like Jimmy Dean just t to some cotnmen think will appeal to you. Mayor Ferre: No, now wait a minute because... Mr. Rice: Only as to the continuance. Mayor Ferre: Oh, ok, only as to the continuance. In other words I'm going to limit the discussion right now just to the subject as to whether or not this item should or should not be continued. Mr. James Dean: Yes, sir. I'm James Dean, architect. I've been retained by Dr. Robertson to make a study of this ordinance as it affects all of the areas within the Coconut Grove Overlay District and specifically as i go through the ordinance. I think what really got me most active in this thing is the brilliant drawing that Mr. Jacoby has used at the Planning Board and I think before the commission which shows something that is horrendous that none of us would like to have. If this is going to happen in an R-C and an R-4 area in Coconut Grove I can imagine what our ordinances are permitting us to do perhaps along Brickell Avenue and other areas where we're considering apartment studies. I have taken upon my office and to try to analyze thoroughly each of the sites in the Grove Community which are acceptable for building as they may be applied to this ordin- ance. A few of the things I have discovered are that the ordinance in some ways does not do what the intent portion of the ordinance is trying to establish. It doesn't really give us the protection that we're asking for in the intent part of the ordinance. I'm basically worried about the height. The question density is not there; the question of automobile is not there; the question of bulk of building is not there. Mayor Ferre: Your concern is height? Mr. Dean: Only height, yes, sir. Because I think what we're doing is filling up, and I have to remind you, and if you'll go back and I think perhaps Mrs. Gordon is the only one who may have thorough knowledge of this. In 1965 we made a thorough study of this. I think it was chaired by Lester Pancoast and I can remember Lester standing at this podium and saying, "If we're going to save the Grove and the trees we're going to have to go up." Now if the issue is density or something else we're talking about the wrong thing. But we need, now really this is an impact ordinance of sufficient quality. It is an opportunity to bring both the developer and the oponents together and I would appeal to you to do this. Mayor Ferre; Well, let's see what the opponents have to say on this. Mr. Rice: In order that everybody can be more fully informed those people who are most active in the proponent section such as Mr. Lester Pancoast architects be on the committee and Mr. Jacoby and architect Ted Tschumey and we can use what informat- ion Mr. Dean has and we also will make available our economic effects study to this committee and in the interim there is a moratorium. Mayor Ferre; What kind of time perimeters are you talking about? Mr. Rice; 'Tie contract that Dr. Robertson entered into with Economic Reports Services had 120 days from August 18th, I believe it was which is left about 90 days or 100 days, whatever it is - three months' NOW I spoke to Mr. Wildes and I asked him if we can exPedite this and he is presently engaged in three studies SEP 1975 A 410 and he says this is Olin depth study. Ha says the Planning Hoard trade the toning study for 21 years and tb require hitn tb rush things is not fair to his professional eta,diig Mayer Parrot Alright, Jack, let's hear from Mr. Jacoby and Ted Techuniey and I don't see Lester pancost here but there are many other proponents. Would you like to talk to that, anyone of you/ t4ho is first's Mow 'Ted` this is only to the question of the deferral = yes or no. What is the word you used, you didn't use deferral Continuance. Mr. 'Ted Tachumeyt Mr. Mayor, I'm Ted Tschumey. Obviously our position is that we don't support that. This overlay because public knowledge in June of 1974 1S Months ago. We've met here repeatedly in the last two or three months about this safe problem. The fact that the report is new estimated to take 120 days which conveniently places it after the neat election, it just doesn't add up and you know that all of us have given great amounts of our time. 'toil know the citizens Of CoCOnut Grove are behind this and you know the vet sensible reasons for the 10 story height limitation. There is no reason why we can't address ourselves to this issue today and settle it once and for all as it well should be. i think that it does noone any good to postpone it. It simply takes up more of all our time and it should be dealt with today. Mr. Rice: We are fortunate to have with us today Miss Joan O'Dell who is with the Environmental Protection Agency of Washington, D.C. who gave a very enlightened comment to the P.A.D. last night, P.A.D. report. Possibly as to the importance, as to the economic impact on peoples' property which hasn't been done in the course of this study. And if I may call on her to just tell you what the position of the United States Government is as to economic impact... Mayor Ferret Mr. Mice, we're honored to have Miss O'Dell here but that is out of order at this particular... Mr. Rice: She also represents the owners of some property and that's the reason... She's not here at my request - at her own personal appearance. But I did hear her last night and I thought it was very well... Mayor Ferre: We're very honored have her here but that's not the purpose right now. What we are discussing is whether or not we're going to continue this item. Therefore, if you would sit down please and I think Mr. Jacoby wanted to make a statement or whoever wants, only to the item of continuance, please. Mr. William Jacoby: Mr. Mayor, thank you very much. For the record my name is William Jacoby. I live at 1946 Tigertail. I'm vice president of the Tigertail Association and I'm speaking here for the association. We feel that as Ted stated this matter has been studied long and hard. We feel that the time for decision is now. We're all aware that there are political realities along with economic real- ities and aesthetic realities and so on that go into these decisions and we have the feeling that a request for deferrment in part is motivated by a request to move this thing down beyond the November election. I don't think that that's sound. I don't think the city planning, the city development should be governed on that basis. Mayor Ferre: Well, as you saw last night it isn't. Mr. Jacoby: I read the paper. Mr. Plummer: Where were you last night? Mr. Jacoby: I was working on something that I hope to show to you later and I had one busy day. I don't want the citizens organizations to seem to be a bunch of uncooperative hard heads in pushing for a decision on this now rather than agreeing to sitting down in a committee with the rest of the people involved. feel in one sense we've got to be willing to talk and I'm most appreciative of your interest of setting up a committee. But we feel there has been a lot of talk for the last year and a half and the pressures for development upon this com- munity, upon south Florida are so horrendous that we feel constrained to take a strong stand in an issue such as this. I'd like to quote from the report from the Grand Jury, the Dade Grand Jury into alleged corruption of the County Commission. This was broadcast to the public on South Florida Report, Friday, the 15th of August, 1975, Mrs. Janet Reno opened by saying, by quoting from the report to the effect quote, and this is the report of the Grand Jury that I'm reading. "The average citizen does not have either the time or the money to compete with the skill and the effort of the developers and their attorneys. As a result the average citizen has very little voice in the panning and zoning decisions $EP4 1975 here it bade County." The report goes on to state, ''Concrete canyons and high density developteents thrust into the middle of 'single family neighberheods raise the question as to how much of the developtnetit we see ae the result of corrupt practices and undue influence." We don't think that the Citilteha of this neigh- borhood can be expected to lay out this sort of effort, this sort of tine that has been characteristic for the last year and a half and do so seemingly ad infinitum. I myself have put in over 100 hours in the last month and a half on this specific issue right here. We're hot getting paid 40 hours, 50 hours a week at profeatiohal salaries to come down and represent a certain point of view, tie're deling it because we believe in the health of our neighborhood and we're doing it on a haate that is a strong economic disadvantage for us. asking time away from our deeka and Our jobs to put this kind of tithe, a hundred hours on this project - it's hot the sort Of thing that we oat countenance having to continue ihdefinitely. It in a strait just from the standpoint of time away from families if you wish to look at it on a term other than dollars. We feel that the tithe to decide le n6ia. Thank you. Mr. Claire filer: My name is Claire Filer. I live at 1740 S. tayshore hive. You asked where some of us were last night. We had the planning Advisory board last night and the first string was down there but the second string did a little better last night. Anyway all of this is keeping us busy - yesterday afternoon, last night today again. I'm going to make the shortest speech you'll hear today. You've heard what the others said - all I have to say is Ahment Thank you. Mr. Thomas Mc Glinn: My name is Thomas Mc Glinn... And if this forttation of a committee, after all you can beat a thing to death by forming a committee. You can form another committee. How do we know that 120 days, four months from now that 19 months after June 1974 when this became public knowledge, maybe another committee should be formed then ninteen months from them. You go on ad infinitum. It would seem to me that they've had plenty of time to come up with every single committee and every single study they possibly wanted to. This is not foisting this thing on them in a hurry. They've had all the time they need and let's get on with the thing and discuss it right now instead of giving them 120 more days, four more months. Miss Joan O'Dell: I'm Joan O'Dell, 2939 S. Bayshore Drive. I'tn here as a private citizen today not representing any developers and I'm not getting paid for coming here today. I'm on leave from the agency and don't speak in any official position except as a very long time resident of this area. I don't like the approach of that gentleman before.last who last night and again today has to quote about cor- ruption in public bodies here in order to get his point accross that he thinks there shouldn't be any delay. I don't believe that delay infers in any regard that there is any corruption in such a vote as this sort of a thing and the idea that you should pay more attention to him because he's not getting paid than you should to people who are getting paid to do what they ought to do or feel is right. Those are not very good arguments. The argument that'I think the commission ought to look at today with regard to the delay is the fact that if you don't have an economic impact study for this then you really don't have all the information that you need in order to make a vote. THe remark that Mr. Rice was referring to last night were just some off-the-cuff statements that I made about what's happening now that I see in the federal government. And that is that there are orders down from O.M.E. from the President's office that all major actions of the federal government today should have an economic impact study because we are in a time in the federal government and down here locally too of real economic crisis and many decisions have been made on the theory of protecting one group against another group's interest and nobody has had all of the facts before them. Even in environ- mental impact studies with which I'm very familiar since I work in them everyday there has always been an element of economic impact and I believe that the commis- sion deserves to have the kind of information. I don't know about any of your things about election or before election or after election but if citizens of this community are willing to put out their own money to do what the Board of City Com- missioners probably ought to have done themselves and that is do this kind of economic impact study then I really think that you should wait and listen to them. And on economic impact study I don't think that the impetus ought to be put on the idea whether or no it deals with a particular landowner, his own property. But what you're talking about is the economic impact on the total community and I'm informed that that's what this study would address and that is why I'm appear- ing today on behalf of myself and on behalf of my parents and asking that this matter be continued until all the information is before you, Thank you, Dr, Robertson; Your honor, Mayor Ferre and commissioners, I have sent you all a Copy of the contract that I entered to with Economic Surveys Report, These are very reputable people, Charles Kimball as you all know the the courthouse reporter and he writes in the Mai Review and Doug Wild and Mike Cannon have one of the foremost economic stud,, y, The cost of this will be extensive running into the 43 $ EP 4 1975 thousands. Much of the information to be. produced by this survey will be knowledge which you don't have at this time and t feel that judging aty case before all the knowledge is in there Might produce a oonditiin that you tight have wished you'd changed your mind later. t wasn't both here as com aniesionetr Plummer was but I've been a oitigen here in the neighborhood since 1.00. I'm past vice-president of the Tigertail Association and I've put my entire inVsat= Meats, my whole lifetime of work not just 100 hours, my entire lifet te's invast- went has been in the Grove. I have 443 units in the drove. My taxes last year that 1 paid on realestate taxes ran in excess of, it was $142,576646 was my realestate and personal property taxes last year. As far as the ecofoigttc i.ncbTe from this whole thing; last year 1 put into this property over $167,000 more than the income. Now I have a substantial investment here and 1 cannot ignore following this through to the ultimate end and I feel that my request is a reason- able one, I think it is one that each of you as a wise thinking and inteligent group of people would like to consider to have more knowledge. 'thank you. Ms, Myrna Firestone: I'fn Myrna Firestone and I own half of a building at 2t19 S. Bayshore Drive. They talk about developers and big business and that sort of thing. That's the only thing that I own of that type and frankly we're not making any money at all. Our taxes are so high and all the costs are so high that if there is an economic survey I think I'd like to see it too and I think that perhaps the commission should wiat and see something like that because if Dr. Robertson is having that kind of problem we are too - perhaps other people might. Mr. Thomas J. Stokes: My name is Thomas J. Stokes. I live at 1671 S. Sayshore Drive. We're here to do a job. We know what the job is. You said to direct your observations toward whether we should or should not hear this today, whether to have a deferrment. The arguments that were given by the opponents were the same ones they gave last night when they were arguing whether to have an overlay or not an overlay. So they did not stick to the rules of the game. Now we know that Dr. Robertson is buying a survey that is not going to show anything that will be detrimental to him. I don't think it will. If we wanted to buy a survey or had the funds to do it I'm sure that we could get a survey that would show that the overlay is satisfactory and that money can be made with the overlay. So I don't think this report is going to show anything that has anything to do one way or the other with the overlay. It's going to show that Dr. Robertson hired a group that will make a survey that will be favorable to him and he will come back and we will be right back the same place 120 days from now debating the same subjects but with one that shows that he has to have it his way. Thank you. Mayor Ferre: What is the will of the commission? Everybody wants to go to heaven but nobody wants to die. Mrs. Gordon: I always have to bite the bullet. I don't know how my fellow com- missioners feel about the economic affect upon the community when you're discussing zoning because I remember, and I've got a number of years of experience and I know that it's true what was said before about maybe seven or eight years, almost ten years ago the feeling was maybe let's go up and save more trees. I know that's true because I was on the Zoning Board at that time. However, this overlay started out to be a preservation of a business district of Coconut Grove - the historical low-rise village atmosphere and somewhere it is growing up to encompass Coconut Grove and I'm not a professional planner so I take no credit for it. But our professional staff and under a direction, I believe Mr. Luft you were the one who was most involved in Coconut Grove, I think before we decide whether or not the economics which is a two-sided sword should be the consideration for delay I think I would like to ask you, Mr. Luft, to elaborate first upon the reasoning that led to the overlay's expansion. May I, Mr. Mayor? Mr. Jack Luft: The overlay district as you will recall was first proposed in the area between 27th Avenue west to approximately Elizabeth Street or the western terminus of the village center. So at that time the original overlay district did include one of the properties that Mr. Robertson is presently speaking of at this time, the Jamestown Apartments. The overlay district as you do say was predicated upon preserving the scale of the village center. AT that time that's the only study we had. The study was directed to a C-2A or a revision of the village center ordinance. It was out of that village center ordinance revision, the direction of this commission, This was before the comprehensive Planning Study began. It was about three to four months before the study began in March. In January this com- mission wanted something done about that village center so we approached it in that direction. We included what we perceived to be the core of the retail business area which extended from 27th Avenue including the shopping center, It was at that time that it became evident that there were a whole host of factors involved in controlling the situations in the village center that extended beyond that 44 EP 4 1975 relatively etttall area.in other words it was at that tittle that the cotf tissien directed the pia fining Department to prepare a Coconut Grove Planning Study to address the range of issues that extended in the area then called'Coeonut Grove from Rickenbackat Causeway south to the City limits. In the process 04 develop. ing that study we were forced to attend to issues that extended beyond that village center. We met extensively with developers, with local citizens groups and we engaged in a great many discussions such as Mtn. Mice suggests we now have a Meeting of the minds to attempt to develop a plan that would address the preblems that the residents of this community perceive that they have. It'was at that time, 1 believe if you'll recall the meeting at St. Stephen's Church some year and a half ago there Was a tremendous outcry at that time to address the problems of height, of population and of automobiles. We did address those problems. 1 think you'll recall in the public tneetings and before this commission at the adoption of the plan there were many people who spoke out about highrises, hightiees where.. ever they may oocur could be they up on Dixie highway, be they on 27th Avenue or on Bayshore Drive. It is for reasons like this because of the comprehensive nature of the study dealing with an area of over two thousand acres and of over 20,000 people that we expanded the scope of our concerti past the immediate village center to encompass the Bayshore Drive area to deal with height controls in the community of Coconut Grove and not just the business village. Mrs. Gordon: Ahd was that to hold down the density so that we had a low-rise village atmosphere? Mr. tuft: It was to explore as objectively as we could what the ramifications of increased growth would be on Coconut Grove. We did not necessarily begin from the presumption that density was going to be controlled. We examined what the implications of growth would be. It was stated in the Coconut Grove planning Study, you will refer to that document, that there is a place for high density and there is not a place for it. We further said in that study that in the area of Bayshore Drive and 27th AVenue, the present location across the street where we find our highrises occuring that this was a logical place, in deed a reasonable place for higher densities to occur than the vicinity of the R-C zoning from Mac Parlane Road to Aviation, that there was a justification for higher densities to occur in this particular area inasmuch as it had the best service in terms of roadway. It had the greatest access- ibility and it had the abutting properties with the open space. So we did not challenge it in the study the necessities for higher densities or the acceptabil ities of those densities in this area. Therefore, we did not recommend a rollback in zoning of the R-C as it extended from Mac Farland Road to Aviation. We felt that that was justifiable. However, in looking at that particular area there were certain things beyond the issues of density, Traffic as Mr. Dean pointed out was not an issue at stake here that were of tremendous concern to the residents of this community. These were addressed in the overlay district and this is the prime function of the overlay district. It is not to necessarily go back and change all of the zoning codes. For the most part the R-C district is acceptable - The uses within it, the density provisions but the height was not controlled. There were no limitations on height at all and quite frankly if you're on Main Highway, if you're on Grand Avenue, if you're on 27th Avenue or Bayshore Drive at just about any point in Coconut Grove that Bayshore Drive area becomes visibile once you break that 10 story height limit. It becomes an area that begins to impose its scale upon the rest of the ommunity. It was from the standpoint of that from the Planning Department to seek to find a rational limit where we could decide at what point does on particular part of the community begin to detract from those other segments, the residential areas, the village center. What good does it do to con- trol the scale of the village cdnter when we've got 20 and 30 story buildings sit- ting next to it? These were the considerations that were involved and therefore the overlay district came into being. Mrs. Gordon: If in fact we have the overlay and this will restrict the height but you say it will not control the density perse won't we have more bulk in our build icigs? Mr. Luft: That's a relative issue. Mrs, Gordon: No, I have to ask these questions because I'm the one who is the pro- ponent so far right along and I just want everybody to know that I'm asking all the questions that we have to consider in making this final decision, t~1r, Luft: Yes, If the building was two stories and covered 40% of the site and we reduced it to one story then it would cover 80% of the site. Correct? If it: is 20 stories and covers 16% of the site as in the case of Yacht Harbor and we reduce it to 10 stories or it is 20 stories and covers 8% of the site and we reduce it to 10 then it covers 16%, Now the relative difference between 40 and 60% is quite great. There is a significant loss of open space there, What faces this SER 4 1975 commission is what ba res significant. is an 6% loss cif open space significant/ l think there ate advantages to going up. There is nee question abet it. Out apartment study of 1965 showed that that by spreading buildings at 3 and 4 and "5 stories when those buildings could at the densities allowed go to 16, IS or 20 as we find in trickell there are tremendous savings in open space. tut when the buildings that are being built could be built at a lower scale with nominal savings in open space and tremendous savings in scale relationships then that is another factor, Mrs. Gordon: Well what are you saying then? Are you... Mr. tuft: I'm saying that in the planning Department's opinion the lossee in open space due to the decrease in height Were nominal, were Minimal with respect to the tremendous advantages accrued by reducing the scale relationships. Mrs. Gordon: Again for clarification and understanding, when we make our decision we'll be making it with all the knowledge we can possibly gather. What about the incentive approach and/or the transfer of development rights/ is there any cones sideration under the overlay approach to zoning that would take these two factore into consideration? They're two separate things now. Mr. Luft: Yes. The transfer of development rights is a very difficult concept to work with. It is far from a perfect tool I attended a planning conference in Tampa from the Florida A.I.P. and there was tremendous discussion of the pros- pects of using transfer of development righst in our communities and it was decided that it was far from a workable device except in relatively limited circumstances of historic preservation and usually it deals with properties that are adjacent or contiguous to each other. If we're talking about transferring development from Bayshore Drive to downtown for instance that doesn't work. At this point the department hs not found the concept of transfer of development rights to be suf- ficiently developed as a concept to allow us to apply it to this area. Mrs. Gordon: ARe you then saying that you are investigating the avenues of possibly utilizing that tool and then I'm asking you if there is a possibility that that tool could be implied at some point in time even if there was an overlay over cdrtain zoning areas? You know you showed us some very dramatic renderings which showed us what would happen if all of the possible land areas that could be developed would be developed. Mr. Luft: That was Mr. Jacoby, that was not the Planning Department. Mrs. Gordon: Well, I saw a very dramatic... You know I just remember seeing it. It stuck in here and it was rather horrifying to see almost a New York skyscraper in CoconutGrove. Now what I'm saying to you at this point in discussion only for understanding only: Is there a possibility that we might get more sophisticated than we are in this regard... Go ahead. Mr. Acton: In answer to your question regarding transfer of developmetn rights that was a consideration for inclusion in the zoning ordinance during the time the department was working on the Claughton Island Development. We did take it out the last minute for reasons that have been mentioned by Mr. Luft. But since we have both Dr. Bartley and Fred Bauer working on the revisions to our compre- hensive Zoning Ordinance and I know that they are gong to make recommendations about transfer of development rights as they pertain to the situation of propert- ies within the City of Miami... I can assure you that there will be recommendation forthcoming concerning the application of TDR to properties in the City of Miami. Mrs. Gordon: You mean in a broad overall scale. Mr. Acton: That's correct. Mrs. Gordon: But would that preclude this same application of taking place where there has already been an overlay thrown over certain zoning classifications? Or would it have any bearing on it at all if it were adopted? Mr. Acton: Well, TDR is usually'applied to specific areas within a city so the one that comes to my mind is the one they used in New York where they wanted to preserve historic market area and so they selected the area next to it as the device for transferring the developm ent rights. That's what Mr. Luft had told you that usually it is applied to contiguous areas and not taking say the rights from Coconut Grove and trying to put in the downtown area, Mrs, Gordon; No, 6 SEP 4 1975 Mr, Acton: I'm not answering your question directly because i think that each particular area must stand on its own in terms of how we can apply Th 1cahlt answer it but t can assure you that it will be loOked, the entire City of Miami will be A(trutinio:04 AA how WO rAi ll vAtloviA Iss.v§ of 1-ho eity. Mrs. Gordon: You didn't answer my question. Mt. Acton: 1 know I didn't. What I'm saying is that your question tan only /e answered by an analysis of Coconut GroVe and 1 say we're not ih a po§itiot hOW to do that until we reach the end of our Comprehensive Planning process that will cote about during the next year. Mrs. Gordon: Alright, but you can see that there is a strong possibility that you tight consider that even though there was at overlay. Ok. What about the incentives that might be available to a developer if thete is at oVerlay, are there any incentatives built into the requirements ih the overlay that might per. mit a little mor height for some other bonuses or some other concession§ I should say? Mr. Luft: The principle involved is that you allow More floor area ratio for more open space - that is the whOle basis of the traditional basis of the incentive. We've already decided that the height which gives us the more open space ia ?ibt An acceptable alternative in this instance. We could not... It would seem incongruous to a certain extend to be giving additional floor area, let them build more building for the lower they built. Mrs. Gordon: Well, I'm not asking you to determine which incentives I'M jUSt say ing are there any. Mr. Luft: At this point I would think the incentive approach would be difficult to utilize in connection with our previous stance of controlling the height. It's not say that it can't be done but it would be most difficult. Mrs. Gordon: Alright, the cap on the overlay in the R-C is 10 stories. Correct? Mr. Luft: That's correct. Mrs. Gordn: What about underground parking, is it still limited to 10 stories including underground parking? Mr. Luft: There is as I recall there is an escalator in the height... Not in the overlay, it is 110 feet. There is no escalator in there due to underground parking. Mrs. Gordon: IN other words, Jack,... Oh my environmental friends here know what I'm thinking right now. I'm seeing this sea of asphalt and no trees because we're gong to cap the height. Am I right or wrong? INAUDIBLE Mrs. Gordon: Isn't that an issue? Mr. Luft: Rose, the fact is that it would be more encumbent upon the developer to use underground parking with a lower building than it would the other way because the higher you go the more ground space you would have available for surface park- _ ing. The height control makes it almost... Mrs. Gordon: I think maybe my fellow coamissioners have something to say. Rev. Gibson: Mr. Mayor, let me ask this question. I'm somewhat confused that all of these questions are being asked right now which is a way of educating and yet the people who are before us, and I haven't changed my position. The people who are before us who were before us before who were saying to us I do not believe you have all the factw before you, I want you to know how consistent I am, Sir, you said ... you were not born in the Grove. I was born in Miami but I've lived in the Grove 30 years come October 1 so I think i have an infinity. All I'm Say- ing is I hope even the people I love in the Grove will not ever want me, Theodore, I'm not speaking for anybody but Theodore to make a decision if there is a poss- ibility of my beng educated. I admit I haven't always been educated but it is pretty late in my life now because I don't have too many more days, I dn't think, Now the good lord hasn't told me that, I do not have many more days that I could afford not to be educated and I would Want at no time be unfair nor unkind, cer- tainly Unfair to a citizen who comes and I want to promise this and then I'm going to hush. If the time is extended and I am not convinced that the developers have a good case Theodore Gibson will stand as firm then as he would now, And plus I 47 SEP 4 1975 can say this unlike Rose acid a.L. and the Mayor, I'in hot running. I'm not ih an election and I would hope everybody would deal with us and be ofnbeious of the fact that 1 think the 5 people who sit up here (Now this ie the minister in Me) that the five of us have acted honorably. 1 don't care what that article says. That article doesn't speak for me. 1 have a eohsciehce and 1 have a Moral standard and principles that Theodore lives by and I do it if t have to walk alone or if 1 have to live alone. What people do not understand is what people may say wrong about Inc today if it isn't really wrong, tomorrow they will say that 1 was right, And 1 will end with this comment. Mr. Mayor, 1 want to Share this for my fellow co missioners if this is any solace, A certain citifen who was before tis within the last 40 days wrote the a letter, I'm not going to call the persor►'s nave nor give anymore than that, that person was an episoopalian(and 1'.n an episcopal and that preist)person said this: "When you ran for that office 1 was opposed to you. I thought you were wrong, you had no business in it.1" And then said this in the letter: "Sitice you have served in the period of time you have served In tiow convinced that you will act out your conscience," I think that is the greatest thing, one of the greatest things anybody could say about Me. Snit let me say this. I would rather be, I would rather let 10,000 people off the hook than to do one man an injustice or to hurt and all I'm saying is 1 hope you would want me to be as charitable to br. Robertson and the others of you, Mr. bean as you would want me to be to you. Please. Mr, Dean: I think it is a shame that we have to sit here and debate these issues because there are some serious problems. I think all of us are playing games with little numbers; significantly the green space is affected in this, Mrs. Gordon. He tells you a difference between an 8% ground coverage on a 20 story building ad a 20% coverage on a 10 story but in the truth of the matter what happens to your green space, it reduces somewhere between 40-45% down to less than 20% in green space. Mayor Ferre: Show us the drawings. Show it to the commission and then show it... Now just explain to me if you would, please. I see, ok. INAUDIBLE (not using microphones) Mr. Dean: It starts back in by Sailboat Bay and adjacent to the Coconut Grove Hotel. You've already got a 20-story building overlooking the lowrises. We're talking about the site where the Jamestown is. We're talking about possibilities, the little two-story motels through there; we're possibly talking about the site where the Underwood Marine was and maybe perhaps the O'Dell and the Daugherty sites if they ever tore those buildings down but I doubt if they will. I just think it is a shame that we can't take a little time to talk about maybe 50% of that street because 50% of it is built - it will never be destroyed. You're never going.to get rid of those buildings. If we're worried about trees and the intent of this ordinance... Mrs. Gordon: I just want to say that last night really set me back and you know I don't want to rehash what we ate for supper last night but I want to say that 1st night set me back because of the traffic that is going to be generated on Bayshore Drive by the continuance of that enormous rennovation that the barn is going to get. The barn, if you don't mind I call it by its right name. However, I'm concerned to the opponents to the action that we might take by the second reading today as opposed to the continuance for an economic survey because I don't honestly think, my friends who are the opponents to this matter before us, that the economy of the situation is a criteria. I swear I don't think it is a criteria for the decision - that is not the criteria. There are other criterias that are important but is not the economy of the situation because in any zoning matter that comes before any public body whether you zone up or you zone down you're dealing with the economy. And of course, if you give somebody something from R-1 to R-5 they go out very jubilant because they have gained a bonanza of economy and they don't ask for an economic survey or study in those cases and naturally we don't expect them to. But, in this case I've heard Mr. Rice very elloquently ask for a survey on the economy and a repetition of the word the Economy, I served on the Zoning Board with a particular member whose name I will leave nameless whose constant argument in favor of zoning changes was it'll bring more taxes to the City of Miami and I never could understand why bringing more taxes to the City of Miami was a reason for giving a more liberal zoning. By the same token, if you have other reasons such as you're talking about open space then you have a reason that I can see, that can understand. I can't understand the economy as being a reason, I swear. I don't know what my fellow, commissioners want to do but I would tell you that I would be willing to g0 ahead and pass this on second reading because this is not an inflexible and never changing g- g never amending type of thing, We're not making a Charter change, we're passing an SEP 4 1975 ordinance which is altlendable at any time in the future that we can come up with a sensible amendment to it. And if your studies that you're going th defile tip with besides the economic point of View reveal that we have errored we ran &Mahal And so for that reason I'm going to go with my previous deoision which wet to proceed and moue the second reading. Now whether the rest of the totmniesioh feey.a the same way I don't know but I would go in that directibh. Mr. vice: Mrs. Gordon, may I say that that is not our only purpose. Beeai a as you know if we're unsuccessful you leave us no alternative but to resort to the courts. We're asking you to work something out. Mrs. Gordon: Unsuccessful in what? A'Lr. Rice: If we're unsuccessful in working something out that will be liveable and proper under the economic survey and the zoning 1 am then saying that you are then forcing us into court. Wray do that if by cooperation and consultationue can overcome that obstacle? Mrs. Gordon: And I'm saying that nothing precludes your continuing your economic and other avenues of study that you wish to make. Nothing precludee that but 1 think that we've come a long way and this thing has been elinoet two years in the making and this is right down to the end of the line right now. If the tittle comes and I think it will come that this city can recommend transferring develop' ment rights we will then be able to say that in the same perimeter of letle say 375 feet someone can transfer some development rights from one piece of property to another. Perhaps that would permit them to leave some open space and still have a more economical development. Ok. But that's my thinking. There are four other people here and they haven't expressed themselves at all so 1 think they should. Mr. Filer: If I might please mention that later and if we go ahead with this like I think we should they could always come in if their economic study proves they can't make it moneywise. They can always come in and ask for a variance. Let's get the thing passed and go on. Mrs. Gordon: Now I don't know whether that's a legal procedure under an overlay zoning. Mr. Acton, on an overlay zoning is there a variance procedure? Mr. Acton: Yes, of course. Mrs. Gordon: Because under a conditional use there isn't any so therefore I ask the question to clarify it. Mr. Acton: It's an overlay district. You cannot, as you know so well, vary from the use provisions of a particular zoning classification but you can vary from any of the other regulations in a particular zoning district. Mx. Plumper: Let me express my opinion, you know because of regardless of what this commission decides either way for the continuance or against it for the zoning or against it you know we're kidding ourselves if we think this thing is over with on either side. If these people win these people go to court. If these people win then these people are still there and they're still fighting. You know somewhere along the line and Tschumey was saying today, he left out one important thing, he didn't get paid to do this - well I don't get paid for all these extra hours either, Ted, if that's any consolation to you. And I'm speaking for one that has made the record very clear in the past. I do feel that economics is in- volved. You know a man has certain rights when he buys a piece of property and now you take those rights away from him and I think it does in fact have an econ- omic impact. There is no question on my mind that it does and I can go either way. As far as I'm concerned I just asked Mr. Anderson, You know either way Jack, you're going to go ahead - you've already stated that for the record - that you're going to go ahead, you're going to have this economic impact if you go to court. You've got to have it done. There are no if, ands or buts about that. The one thing that I would like to try to head off if it is possible -and I don't know that it is is a court action. You know it costs the city money for lawyers and it is long and it is drawn out and it gets tied up. I said I have no objections to a continuance and I really don't but I also don't have any objection to go ahead and pass the thing as long as it is fully understood by these people as well as the proponents that this commission if the impact and the things that MR. Rice wants to do; that this commission would be amenable to reopen this matter. I mean it is as broad as it is long as far as I'm concerned. If these people are worried about an election which I'm involved (there ain't no question about it, I'm involved in an election) I don't see the difference. Do you understand what I'm saying? If you pass it now and come back later and reopen the thing there's no difference we're }ridding ourselves. And if the inference is that this commission because 43 S E P 4 1975 we're up for election is going to fliake a different decision one way or the other I disagree with that wholeheartedly. But that's thy opinion because nothing preite7 is my getting elected in November and in becember or January Coming back, opening the situation up and change it, t don't see a bit of difference. So either way it makes no difference to tie. The only thing that t want to take the point very clear, COd knows this city is involved in enough lawsuits now and if there is anyway that we can sane the time, the trouble, the efforts and the headaches to forestall possibly another lawsuit that's what 1 want to do and that's my opinions. t make tto bones about the fact... Mayor Ferret What's the will`? Mrs. Gordon: I moved it, Mr. Mayor. I moved the second reading and it would be up to someone to second the motion. Mr. Plummer: Gibson seconded it before. Rev. Gibson; NO, no. 1 seconded before because, you know. And I said then 1 will never close my mind to knowledge. My brother, let me tell you this - the day I close my mind to knowledge that day I might be snuffing out sty own life. I'm not going to do that. Mayor Ferre: Is there a second to motion #17? Mr. Plummer: You mean to c tinue? Mayor Ferre: No, the motion is not to continue the motion is to pass on second reading. Mr. Plummer: Oh, I'm sorry, to continue on today. Mayor Ferre: And Rose Gordon moved it. Mrs. Gordon: And I moved it and fully explained my position and my thinking and I don't think that a deferrment is going to make any difference really. A defer- rmer.t isn't going to make any difference, you're either going to kill it or you're going to pass it and deferring it isn't going to make any difference. Mr. Reboso: I don't agree, Rose, I think we need more information. 'Why kill it today? Mayor Ferre: Well, what are you doing now, is this a substitute motion or are you... We have a motion on the floor now, let's do this procedurally. Is there a second to the motion? Mr. Plummer: Well, if it is in fact, Mr. Mayor, that it is understood I can't see anything wrong with it. I mean I said I saw nothing wrong with a continuance I don't and I don't see it either way, I really don't as long as it is understood... Mrs. Gordon: We can open this for amendments, this is an ordinance. Mr. Plummer: Well, this is the point that I talked with Mr. Anderson about. You know if Jack comes back in 120 days with a different impact study can they come back in 120 days and the answer is yes. Now John, you attest to that fact that where the city is the proponent that they can come back at any time? Mr. Lloyd: Oh yes, they.... Mr. Plummer: They don't have a year, year and a half. We can always initiate to hear them. Is that correct? Mr. Lloyd; Sure, certainly. Mr. Plummer; And then I find out that they have something that I didn't know before, the vehicle of a variance which I, God forbid... I have nothing wrong with seconding the motion. I think it is as broad as it is long, Mayor Ferre: Alright, there is a motion and a second. Father Gibson. Rev. Gibson; Mr. Mayor, let me say this. You know I've lived in the Grove long enough to understand I think some of the ,people of the Grove, not all of them but I want to use a language that you don't expect me to use, Held will freeze if you open this up later on, I'd rather have my headaches now. Not only that, let me $EP 4 1975 say this, I think we as a commission if somedays will avoid a lawsuit ehe thing I hate to see and this has been my feeling this is nothing new. 1 don't like to see us making John boe the public go to court when you know and 1 know one of the things 1 contended; you remember. Mr, Lloyd that this legal Staff is here, it's going to be paid anyway. The unfortunate thing is if you go to court you've got to came up and it is only out your pocket. My btotheren, one of the genius of life is to try to get along. If the COMMittee can get together and solve some of this problem and educate us what is wrong with it? What is wrong with it? however, 2 want you to know that Gibson hasn't changed. My philosophy is any Man, even a fool could educate me. Mr. Plummer Well, let me say this. Mr. Rice, I've got to ask the question of you. You say that this will take approximately 120 day: Correct? Alright. Is it any, what is the big difference? I mean really whattare we talkingabout? Mr. Rice: The difference is that we'll never get this back and you and I've been here a long time and this will never get off the ground the second tithe and that will hot resolve any of the issues because this is something that should totally be resolved now. Mr. Plummer: Is it possible that you can get it back in 60 days? Mr. Rice: I spoke to Mr. Wildes, he's making some studies. I will talk to him again and ask him if it is possible. I have no objections to the 60 days. Mr. Plummer: Let me tell you the thing that is bothering me and I think I said this in the last hearing. I have a letter upstairs from an individual downtown who is faced with exactly the same situation that your client is faced with only instead of talking about one parcel of land that man is talking about maybe fifty parcels of land and we're getting ready to roll back a great deal of zoning in the downtown area, a great deal. And this man says in his letter, and he is a well-known individual in this town; he says, "I don't want to stand in the way of this city if they feel that that's progress - I'm all for it." But he says let me tell you something, if you take away my rights I definitely expect compensat- ion. Now you know, and to me I have said this all the way along that it definitely has a bearing. There is no question in my mind. I see it as broad as it is long, I really do. Mr. Rice: We're just asking for time to give you more information and certainly Mr. Dean's comments here leads me to the conclusion that there are some issues that can be resolved as the application of the ordinance. Mr. Plummer: You see, Jack, I have no qualms. I have no qualms if this comes back in January who knows I might not even be here in January. That's your biggest fear, that I might not be here. Mr. Rice: I want you to know that I'm not threatening you. Mr. Plummer: But what I'm saying is that I for one, and I think Father even with his comments even though he is not speaking in the same vein that I am that I am more than willing and will fight for the point that whatever your surveys and whatever Jimmy Dean comes up with, not that I'll agree with you, that it will be heard before this commission and if this commission wants to take the action it can. Mrs. Gordon: J. L., I want to say this even in furtherance of your thinking that I would ask Mr. Acton that you and your department whether or not the private sector does it or not I want you to do it and I want your department to do it because there may be some flaws in this thing and we have to depend on you, our professionals for advice and yet you say you don't know enough about certain kinds of maybe controls which the transfer of development rights would be . But maybe you'll know more about it and you'll come back and tell us about it and therefore we can help the situation. But right now I did move a motion, Plummer did second it. Mayor Ferre: A11 right, it is bullet biting time. Any other discussions? Call the roll. Mr. Plummer: Either way, I'll vote yes, either motion. Mr, Southern: Mr. Plummer, Mr. Plummer; T vote yes. Mr. Southern: Mr, Reboso, Mr. keboso: No. Mr, Southern: Reverend Gibson, Ftev, Gibson: Me, Mr. Southern: Mrs. Gordon. Mrs Gordon: /es Mr. Southern: Mayor ?erre. LAVGHT'F i Mr. Plummet: Hello there, bullet biter. Let's see how big your bullet is. Mrs, Gordon: This time you've really got a bullet, haven't you, Maurice? Mr. Plummer: Here comes old bang -bang. You know this is unfair to doctor, this is a very serious and we shouldn't be joking but we have to have some humor around here, I guess. Mayor Ferret Now this is a serious matter and it is a question of obvious eon- cern to the whole community and to the property owners who also have rights. Now the basic premise in this particular case is what the character of the Greve is going to be like. That is the key question. This is different from what we were talking about last night. What we were talking about last night Was whether or not we were going to take a building which has salvage value and salvage it and use it for the best use of the community. The people of the Grove were against it, some of them were against it, not all. Cause frankly, even though it did not come out that way in the paper this morning I counted as many Grove hands who were for it as were against it within a few numbers. Now in that case the decision was based on what is best for the community. Now in this case there isn't that argument as I see it. It exists but it's not as strong and therefore, in this case I see more the argument of what is best for the Grove and people who live in the neighborhood. Now I'm going to tell you if I felt that Dr. Robertson, Jack Rice and property owners in that general area had no other recourse then I think I would vote for a postponement but I think there are several recourses here and I'm not talking about the courts. I think this is something that we can vote upon and all you need is three out of five votes. If any time in the future you can prove that one project is better than another and we go over it and discuss it here and you prove to this commission that by adding three floors you can add x number of square feet of open green space let me tell you I know that there a lot of people who write editorials about variances and how bad and terrible they are. Well, I'm going to tell you I don't consider variances bad at all. I think that that is what these public forums are all about and anybody who tells me that you're going to take away the variance procedure from an elected body and put it in the hands of professionals is just as naive as he can be. Because what assurance does anybody have that a man who calls himself a professional is going to be any more honest than somebody who is elected? I mean that's just silly. What are you telling zne, that all the doctors are honest and the dentists are dishonest or all architects are lily -pure? You know what is this? Or to tell me that there is no dishonesty on Wall•Street, all those highly educated people are all absolutely 100% thoroughly honest? So you know, we can go around and around in these arguments. The variance procedure is set up so that a group of thinking people can analyze whether or not the community is better off by an alternative. I have voted for many variances and I'm not ashamed of them because in the var- iances that I voted for it was my considered opinion that what was requested was reasonable and what the community got was better than what it gave. Now I would rather have in government the control of doing that on a one time basis rather than to make a generalization. I see different parts of the city differ- ently. Little River is different from Coconut Grove and the Northeast Improve- ment Section, the Northeast area is different from downtown. Grapeland Heights is different from some other part because they have different characters and there are different requirements and people want different things, Some people don't want rapid transit - others do. Some people don't like the high intensity lights - others do, So each neighborhood has a character of its own, The key consideration here is what the community wants versus what i.s best for the totality of the city versus the rights of the Property owners. Those are the three things that are in play here, those are the three things, In different times one thing overweighs the other. In this particular case I happen to feel that there is relief in another avenue possibly = it's not guaranteed, Out there are other avenues of relief and I think what is the overlaying and the prominent underlying value here is that we maintain the character of the Grove that the community has 2 SEP 1975 so vehemently and for so long striven to maintain. thereforet On ItOM $17 t vote with the motion. Mr. Plummer: Not not excuse me. So the record is reflected clear you're not voting on Item 17. The motion is to continue, excuse Me, to hear 17. ts that correct Mrs. Gordon: No, it was second reading on ttem 17. Mayor Ferre: You seconded the motion. INAubti318 (everyone speaking at once) Mr. Plummer: This was a motion, Mr. Mayor, to hear Item 17. Mayor Ferret Technically you are absolutely correct. The motion has to be since I said that,,,, Mrs. Gordon: Mayor Ferret Mrs, Gordon: didn't intend Mayor Ferre: Mr. Plummer: Mayor Ferre: It has to be that way, that's right.... That's your motion? Yes, I realize now that we have to have it that way although 1 it that way. Plummer* that's your second? That's the way I understood it. I'm voting with the motion. Mr. Plummer: Well Mr. Mayor, alright, that's over with. Let me say this. You know I think it is really foolhardy to now turn around and say we're going to hear these people when the consent of this commission has more or less said we will vote with these motions. I think that is pretty well foolhardy. But I want it crystal clear to all of the people that are here that Plummer goes on record when this thing, if it does and I'm sure that it will, when it comes back before this commission that I am going to be one that yes, i'm going to drag you out again because I think these people have a right to be heard as you have that right to be heard. So let's not have any misunderstand, let's don't have any finger shaking about elections... Mr. Mayor, I want this in the record because these things were brought up. I don't want any finger shaking that Plummer said, that Plummer waited until after an election; that this for one person here is going to be willing to hear... Mayor Ferre: Mr. Plummer: Mayor Ferre: Mrs. Gordon: voted on. Are you making a motion on 17, is that what you're doing? No, I'm not making a motion on 17. Mrs. Gordon, are you making a motion on 17? I did move Item 17, that's what I moved before and that's what we Rev. Gibson: Let the record reflect that we were voting whether or not we wanted to defer and give these people time that's the motion. Mrs. Gordon: I didn't move that. Ok, but that is not the motion that I made. That is not the motion I made, if that's what you thought we were voting on then you voted no... Mayor Ferre: Father Gibson is right. The question is, now let's not start arguing about semantics, the motion that was passed was that we were going to hear item 17. Now ladies and gentlemen, I don't think that anybody is going to change his opinion one way or the other right now. We've heard all these arguments. Now if anybody else wants to be heard I'll be happy to recognize them but I think it is going to to be the same... Mr. Plummer: Well, just remember, Mr. Mayor, and I think it will clarify it for Mrs. Gordon; you limited all discussion just to the continuance' Mayor Ferre; I agree, Mr, PlumMer, I accept that, I'M now asking if anybody wants to speak on Item 17 since we are now hearing it, Mr, Rice, 53 SEP 4 1975 Mr. Rice: lt's probably a t i.e )tre urnptuous on may part after 1 listened tb Mr. 3. '1,. Pluniner's statemcnt:., I TsG;x:+.l ri.'k the commission to move to reset this matter for consideration in December when our report is done. As sbbn as our report was done we'd have a right to come back here. I'd like you all to inform the planning Department. Mayor Ferre: You've get t t:. t: right. T.i.,.teii ; he said it in the King's English, Mr, Mice: What's whets: we've riot tr1 initiate it but we want the city tel initiate it . Mr. Plummer: Oh, I see, I'm =;oriy. Let me putit another way, 1 uhdetstand what he's saying., Mr. Mayor; th&'. if ha Lh-ira_ to' this commission evidence that this commission in its wi._c1 in f: •. ,l ,ui ; .atia1 evidence to be heard that this Coma mission will initiate tla a t-i'era i c the ,- th :tn them. Is that correct? Mr. Rice: Well., thai.`= I ' a n i ycu but that's what you said. Mr. Plummer: That I a.:-( . t,... tha;. T >>- 11 agiee to. I don't think that they should go to additio_zal. Mr. Rice: I'm saying have on the information t:at Mr. Plummer: Let me u: back up and that is af v t i:... sion feels in its w_.s;' .., direct the Planning De_paa: tr ont A: to us. ,:and 1 think that is what they're trying to say. tla:: Planning Advisory Board issue a new hearing predicated _'t_ : ni sh them on our economic study. z = l.y.lyat I said before I'm willing to this commission evidence that this commis reconsideration then we the commission will .r r:hearing so that it can be brought back up Mr. Tschumey: J. L. , may I. :rial:c onto comment about that? I think what you should say is this: ONce this or,?man-e i'. passed as you well pointed out these people have legal recourse. They 17 a.- t.ho courts and they have a variance procedure. Now the proper situation nh yj1.: t - ".is :t" they would go before the Zoning Appeals Board for a variance. If they lc r:niec7 that variance then it comes back before you and then you can mak.. alitis the procedure for these things and that is the wgy it sliu;d t,, ,,: proper Mr. Plummer: No. T, a . a. a'•13c. e<., to ariane s perse and I don't want to see them go through... 1 u = ,t.a!;;d that Mrs. Gordon: May I in je;:: t: c statemnt of fact, a truthful fact, variances are not always bad because we have legal reasons at times to grant variances that are not bad and that is `;o trees. Fc r instance, if a piece of property is so situated where it night t,aTa some very valuable trees in the positioning of it that would be within rhe only legal place it could be placed a variance would be legal to move it <; i t,t .i i;:: or whatever. We've got those kind of things. Mr. Plummer: Rose, plena..,_:, we're completely losing the character in my estimat- ion. You said, and I concur r_:iat Jimmy Dean raised some good points and if that is the case then I dc:n' , th that they .should come in through the vehicle of a variance. If the ewA-in.._r ' .. c.c.fccts or need changes then I think we should initiate it. Mrs. Gordon: J. L., rel :.-'er when wo first passed the R-3A ordinance? Do you remember how many t.i:zn ,,, it r:: d f t :r:ause it wasn't as good an ordinance as we could have had o:: s .; ha-. and finally they worked out an ordinance under the same title cf R-3.: at is ,, fairly descent ordinance. Mr. Plummer: I'm sorry, I disagree. It's still horrible. Mrs. Gordon; Alright, su it's still horrible but it's better than it was. Mayor Ferre: We're gettin Rift. Now :an we come back, please, ladies and gentlemen? Do you want to add onythi ng eels_? Mr. Plummer; Mr. Mayor, I will tell you what my intent Was. That is the only thing I can tell you and I can't speak for the rest of the commission, It would be well within my purview that whenever your report whenever it be comes back if you present_to this commission of your report and Mr. Dean's study evidence which in the wisdom of this comm;.s::;ion they feel warrants a review of this I would be happy to make the motion to send it back to the Planning Board and back up to this - commission. I don't want to ,ac it go through the vehicle of a variance, 54 SEP4 1975 410 Mayor Petrel YoU've tailkhit three times already, Mr, PluMmer: Well, obviously tiotebody is not uhderttandihg, Mr, TtchUMey: Would you be Willin0 to iAt-oh to oohhtOt AtohMohto otts VOh made that motion; Mayor Ferret Sure, It there anything else to be discUssed here? Mt, PlUmMer: At, TsChuMey, have you ever heard this cOMMissiOh dry ahyohe the right to speak? Ok. Goa knows we're here to fttidnight and We do it 80 Ofteh, Mayor Perre: And we khow why too, dot we? Mt. !Rice: 1 waht to tell you all so there will be no misunderstanding on our part that we can't live with that kind of a promise becaUte you're lopping our head off today and that's what it is all about and you've dehied us the right tO bring that economic survey study ad the economic impact study and you'Ve denied us the right of having a full review of this by Mt. JiMMy Deah and 1 want to tell you that this thihg did not come up until October of 74. At first all of Bayshore Drive was excluded. There ish't one building on tayshore brive that has been there that represents what the Grove is - they're all stew bUildingS# not one. And I'd like to ask our City Attorney something because 1 think we're getting directly into a legal opinion on this matter and that is Mac Farlahe to Mary Street. I want to make three comments. First of all Yacht Harbour couldn't be as high as it is unless they got variances and three, Coconut Grove Hotel Would not be the eyesore in the horizon unless it had variance under the existing ord- ihance. Now everything on Bayshore Drive from Mac rarlane to Mary Street is fully developed. There is Sailboat Bay which is a 12 story building, exceeds in height what this ordinance says. And then there is Yacht Harbour which is approximately 22 stories and directly next to it Dr. Robertson. You're telling him he's got to build a 10 story building. Now there is three cases that just came oUt of the District Court of Appeal. The first one came out of the Circuit which is the latest one predicated on the three court from the District Court of Appeals and one was the Aronovitz case, the Hesson Case and I can't recall the third case but they're all referred, we all refer to Aronovitz Case which was the first case out. And Buchance has just come out and - oh, I can't recall the judge but Pete Jones was the attorney - they said in that case referring to the Aronovitz case and the Hesson case and all these other prior cases say you can't change the zoning unless there is a change of circumstances. You can't permit variance throughout an area and then pick one man's property out and say that he can't build the building com- mensurate with those that are already in existance. Now I want to ask them has to applied to Dr. Robertson's property which is immediately next to the Yacht Harbour. That area is fully developed. It has the bank on one corner which I think the bank is six stories. That can't be developed higher because it requires parking. Then you have Yacht Harbour is 22 stories and then you have Sailboat Bay and behind that you have a brand new six story building which I think is in an R-4 zone on Grapeland and 27th. I'm not sure but I believe that is an R-4 zone which is in excess of your limits today. Now predicated on that question and the fact tht you've led my clients to support you on every issue from sewers to water, to paying the assessment on this new highway here that was built predicated on the existing zoning can now you legally deprive my client of his rights? I'd like the City Attorney to answer that question. And what's his chances in court? Mr. Lloyd: It would be inappropriate for me at this time to render a legal opinion on that without the full examination of all of the facts and I might also state that if Mr. Rice has his legal opinion he is the one to advise his client as to what his legal opinion is and make that decision. It is inappropriate for me at this time in view of the state of the record to make a legal opinion at this time one way or the other. Mr, Plummer: Let me try to say something here. This is the very thing that I am trying to avoid - the very thing that I'm trying to avoid, John is to go into court. Now that is why I have been very readily available that when this thing comes back up that it would be heard by this commission. I don't want them going to court. I don't want you going to court or anyone going to court. And I think this commission should feel that way. But let me tell you what can't be denied. It cannot be denied that this thing has been an onrunning thing for the 18 months. Mayor Ferre; And it will be for another 18 months, Mr, Plummer; That's right, I said before, Mr. Mayor, anybody that thinks this thing is over today is foolish either way, And the thin is that cannot be denied is the fact that Dr, Robertson did have the oPportunity during that period of time 55 SEP 4 1975 to acquire this econorid ittact study. I've siready said t happen to agree. bk? I'1Te already Said it: to t?ty position is not glint to change. 4aVAkt. 11 ! t,eA1eft a11A Uol4t tamon 1 4<w nIA !-avvt+-4 C'01% kr,n Ovk4 44 is 411% dila WO have many other t puttdttt 'lbtsllc.s. : i;Iii10. lhAl. Wo alO toe.AAk4Ot1 I have heard some of us repeat the same thing threw and tout times, slut just untr of us several of us and i think we're just retreading the same thing over and over again. Now I think it is tithe for us to just vote, We've heard all the arguments. finless somebody has something brand hew to say, bo you have seMething brand new that hasn't been said? Alright. Mr. Wayne Allen: For the record, thy name is Wayne Allen. I'tn an attorney and t'r a director of the Tigertail Association. 1'd just like to clarify very quickly one iteM which has consistently been brought before this coMMission on several occas= ions. That is in regard to the Beauchamps case, the decision entered in Circuit Court here by Judge Bzel. What that case held was that the County... Mayor Ferret Mr. Allen, this is not a court of law. 1 don't iMerstatid all of that stuff anytay. Mr. Allen: The legal principle involved has been I believe hot correctly press ented to you and I think you should... Mayor Ferre: Yes, but you see what I'm saying is that no matter what you say as far as I'm concerned I don't see anybody is going to change anything here. Mrs. Gordon: I'd like to hear it, Maurice. Mayor Ferre: Alright then go ahead and make your legal statement. Mr Allen: The decision in that case was that the county in reducing zoning from 50 to 23 units was incorrect because 90% of the property in the vicinity had been allowed the 50 units density. However, the judge did order a reduction in density, I think it was 33 units. You don't have that situation in Coconut Grove where you've already rezoned 90% of the property in the area. Quite the contrary, you have the situation where only 10% has been allowed this higher density and now you want to keep the 90% to where it should be. This is what the judge said in the Beauchamps case and I just wanted to bring that to your attention because I don't think the facts in that have been properly brought out and the court did say that it recog- nized the authority of Dade County to reduce the density provisions in their zoning regulations in an orderly and comprehensive manner provided that it is accomplished in the interest of public health, safety and welfare, etc. That did uphold the right of the governing body to reduce zoning in that case. Rev. Gibson: Mr. Mayor, I want to make just one further comment, I know we have to move on. You know one of the reasons I was for the postponement is I thought that if these people could get together and work out a solution that would avoid going to court. Ok, that didn't work. What caused me to come to that position, and I want to tell my old story. I was disturbed that Yacht Harbour was right across the street and Jamestown was over here and in that block where Jamestown is; the bank is there. Now I'm not a judge but if I were a judge and you came to me with this story and I saw Yacht Harbour over there and I saw Sailboat Bay in the next block I would find it difficult not to have be influenced by what I see. And I just thought you need to understand that. Plus, I found it difficult to treat this gentleman any different to the people over in Sailboat Key. Now the people in Sailboat Key are up how many stories? Twenty stories and you're up three or four stories and the height restriction is 10 stories and you aren't even going to let him build 10 stories. Man, I'm not a lawyer and I'm not a judge. I just thought as a layman I ought to put that on the table. Mr. Plummer: Father, that's one of the reasons I've made the record clear and I'm not bringing up anything new - I've got my opinions as to if Mr. Rice takes this thing to court what is going to happen and I've got to tell the objectors they ain't going to like what is going to happen because I know what is going to happen. And that's why I'm very hopeful that when this thing is approached again that this commission will keep that in mind of the possible outcome of a court case, not that we're deciding court cases but I'm going to tell you that I think that it has a tremendous impact... I'm being redundant so I'll shut up. Mrs. Gordon; Mr. Luft, last night at the Planning Advisory Board did they take up the portion of property which is to the north of Aviation presently zoned R-4 and R-C. Mr, Luft; Yes, they did, 56 $EP4 1975 Mrs. Gordon: And hcWwas their action Mr. Luft: They voted to e3ttend the Overlay District, Mrs. Gordon: And what was the vote? Mt. tuft: pout -three. Mrs. Gordon: What is the next step, Mr. Mayor Mayor perte: What is the will of the commission On Item #1, Mt. Plummer: Well wait a minute, Mr. Mayor. Now this is a public hearing and as Much as we've heard and as Much as We don't want to hear anymore I think Mr. Rice has a right to present a case if he wants and I think the objectors. That's why we're we're having a second hearing. Mayor ?erre: I'm not arguing with that. All I'm pleading is that unless there is something new that is going to be said for is to get on with this matter. Now if soreone wants to present something hew it's perfectly alright. Mr. lice? Mr. lice: Mr. Dean has done some work on this, I think he ought to make his press entation as to what he's done so you'll be familiar With it. Mr. Dean: My name is James Dean. I'm an architect and my address is 7500 Red Road, South Miami. What I think and what I think we have been saying earlier and we apparently failed to get your consideration was that we're not against this overlay district as such. I think the basic idea is correct. The doctor has told you that he has properties here; I know for a fact that he's made improve- ments to those properties after he purchased them which I think were for the benefit of the Grove. I'm afraid that the civic groups, who by the way are the only ones here opposing, are still beating the horse of density, floor area ratio, building bulk and that ever present stream of traffic that runs down Bayshore Drive. They're hoping perhaps, if I read it correctly, that by another tool of height limits because one of the ways you can by subtrifuge control density is by puttinga cap and I think that is an unfortunate way to approach the planning on Bayshore Drive and particularly on the Jamestown properties. I mentioned to you earlier that back in 1965 we did a height study for apartments in the City of Miami. It studied the height, the areas and it was recommended by the Planning Department; it was developed by the Planning Department; had review by the Community Development Committee of the American Institute of Architects. I mentioned to you earlier that if my memory serves me correctly Lester Pancoast stood at this very podium and told you that especially in areas like the Grove if we were going to do something about the land- scape, the tree structure and be sensitive too that we were going to have to build verticle buildings. It is unfortunate that we have Miami Beach across the street because I think most people imagine a Bayshore Drive or Jamestown project being like Miami Beach. But again fortunately what we did in that study, we imposed for the first time some severe setback limitations, some floor area ratio considerat- ions, some density controls and things which would assure this community of the kinds of things that I'm looking for and I think the kinds of things that I think Ted Tschumey and Mr. Jacoby and everybody else is looking for. There is a state- ment in that document which says it is by the Planning Department and endorsed by this commission. It says the regulation of height appears to be unrealistic in placing limitations. And it goes on to say that height is more appropriately con- trolled by setbacks and so forth. And that is what we're doing now, lot coverage and so forth. It is basically an envelope which is a cone. As you build your building vertically you get less floor area per floor so that eventually you reach an infinity. What we've done with the overlay district application is to lop that off at the 110 foot height. I said to you earlier that I don't know if it is pos- sible to build legally a building of 10 stories within the 110 foot height and I'd like the City Attorney to address that to me. I've asked your department, they've said write me a letter. What your definition defines as height of building is to the extreme top of the structure. Mayor Ferre: He says he can't answer that now. Mr, Dean: I know, I didn't anticipate any answer but it is one of the flaws of the Overlay District. It does not encourage covered parking because it penalizes the number of units that can face the bay and that is really the basic issue for a developer, Go over to Yacht Harbour and talk to Mr. Mark Linton and he'll tell You that they did very well on the front of that building they're having an awful time in the back and in the middle basically because people want to enjoy every- thing that everybody else is enjoying, Biscayne Bay. I think when you see, and if the report does come through you'll find out that there is a substantial price dif- ference between those units for sale or lease on the Bay versus those units which •SEP 4 1975 Might be overlooking backside. r'm sure that's one Of things that will occur in that econoric study. And when you begin limiting the nuMbert of units that a man can place on the bay you damage his property, The research that I've done briefly throws sire that you do have a legal right to limit the height of build.. ings. You Can do it on 1 see Some sit%iiee froth the attorneys - you can do it on several bisises, protection from fire hazards. That is not an issue here, we have one of the toughest fire codes going. When Metropolitan bade County amended their building code to require sprinkling systems on buildings over three stories in height the econottic impact of that is somewhere between 2000 to $2506 per apart- anent unit Cost. You can legally perhaps control height where they might cause aviation accidents and we've done this around the airport, we've limited the heights of our buildings. That is not an issue here. You can do it for the protection of the view of your neighbors: in an area like Miahi which is a flat plaid, unfort unately, what we're doing with the buildings as proposed under the overlay district is encouraging lower buildings which means they fall over oh their side and you have less view. The neighbors will have less view because there Will be no penet� rations through the structures. We obviously go back to the old stand-by or protect. - ion of light and air. Some of our ordinances do protect light and air but softie of theta are still inadequate for the purpose of protecting light and air and 1 think that is one of the things I would like to have a tore sufficient tiMe to study in relationship to the particular ordinance as it is proposed. In the last, and I think this is where we hang our hat, is the protection of the character of the neighborhood. If you read carefully the intent of this overlay ordinance you'll find that substantially is the basis for the reduction in the height of buildings. It has a validity if you can show that that character is being protected. 1 suspect as Mr. Rice said earlier it is going to be very difficult for the City Attorney to justify a height limitation of 10 stories when yott have approximately 5 buildings within the area which are exceeding this height limitation. We have prepared some drawings showing the affect of the overlay district on Bayshore Drive because 1 wanted to compare what was happening With the drawing I saw of Mr. Jacoby and I'm sure he'll show it to you again. I distrust that drawing. I'm not saying that it was purposely done in a manner to fool somebody but I will tell you that on the available sites of Bayshore Drive without variances from this commission under the present setback ordinances it is going to be very difficult to build a building as high as Yacht Harbour. In fact, the average site size (let me get some drawings)... This is Bayshore Drive from Mac Farlane down to Aviation. The buildings in blue I think are those, the ones that Mr. Jacoby indicated might possibly become future building sites. The buildings that are not covered are those that I think would be a long time before the people would tear them down and build lower structures. That's Sailboat Bay, Yacht Harbour, the bank, Office in the Grove, the Coconut Grove Hotel. We're never going to get buildings on the Coast Guard site. If you take those sites into reasonable build- ing sites which we've done here they average somewhere around 200 feet and that's considering the fact that possibly the Woman's Club might even sell their property for a highrise someday. The doctor has the largest piece, 250. This document showing the building heights that would occur on the average buildable site within that area. Now I don't think it is very practical to think that somebody is going to buy all the property from Office in the Grove down to the Coconut Grove Hotel, tear all those buildings down and build a tower up to the needle point that we're talking about. The black line on here represents the building that I feel could be built here under the ordinance. I don't think you can build over a 95 foot building. I think you have to take that last 15 feet for the mechanical penthouse. I think that is an error in the ordinance. I see George shaking his head again but if George would please read for the definition of height of buildings. Mr. Luft: Section 21, paragraph 1, Height Limits, Exclusions from Height Limit; The following regulations shall apply height limits: Roof structures for mechanical purposes not exceeding 10% of the roof area shall be excluded from the height of the building including 5 foot allowable above the edge of the building for parapet walls is not counted in the height controls. Mayor Ferre: We're not going to settle this here. Mr. Dean: Ok. Suppose we can't, let's go on. An appropriate building structure has a certain definable width. Typically in an apartment structure you work some- where between 65 and 85 feet in width and I think you can have your Building Depart- ment verify that. We have three criterias that we can look at on our street. We have Yacht Harbour, we have the Coconut Grove Hotel and we have Sailboat Bay, The existing width of Yacht Harbour could not go to the 110 foot height. The Coconut Grove Hotel would go to 117 feet and Sailboat Bay would go to 125 under the exist- ing ordinances. That's not an interior site, When you go to an exterior site, and this is one of the discrepancies I find because you're allowed a Substantial reduction on your sideline setbacks along streets and we declared some of these streets last night scenic corridors, I believe, But We Pan build perhaps higher SEP 4 1975 4 buildings, Again► under the existing ordinances a 9tacht Harbour Building would only go to 134 feet, the Coconut Grove Hotel to 148 and tailboat tay to 1tS, hardly the 20 story buildings that everybody is talking about. 1 think the most damaging thivng... MAubf8LE not using rictophehe) What f have said to you earlier, t would like to have the time to study these things because t don't think anybody hete wants this to happen and it aggravates itself even iflbie when you're riding dowt the street and these buildings build up as a wall, Go dOWh Plagler Street or out. 8th Street under the county ordinances which have been restricting building heights and look at that row of 5 story buildings... That's what you're doing to Bayshore Drive with this particular ordinance, taet's go back to tty drawings which I had shown you earlier. Again these are not thoroughly studied,.. (INAtTbtBLN, not using microphone) Mr. Jacoby: Mr. Dean, you're considering only buildingS immediately along Bayshore and ih my perspective view I was presenting all buildings that might be possible.., area covered by the overlay district. Mr, Dean: You're being influenced by drawings that are false. Mr. Jacoby: No, it is not false, I'm including all the tracts that are covered under the Overlay District, you've drawn only along Bayshore. Mr. Dean: Fine, my opinion, your opinion. UNINTELLIGABLG CONVERSATION Mr. Jacoby: No, it is not what I want and as I mentioned I have something that you have not seen yet and I would like the opportunity to address this problem. Mrs. Gordon: Would you want us to again reevaluate the facts, letting your two get together and coming back the next meeting? Yes or no. YOU said you have something you haven't shown us. Mr. Tschumey: I'd like to say one thing here. What Jimmy has shown us is in fact an interesting point but it is not the pertinent point for us. From my point of view and from the point of view of the citizens of Coconut Grove we don't care about cars driving along there seeing buildings closer together. What we care about is the majority of us living within the village visually seeing these huge buildings sticking above the tree tops. So it isnot a question of open space so much as height. Now if you go down in the village center or you go even down Main Highway, you take a look at Coconut Grove Hotel and Yacht Harbour. They're visible to everybody who lives in the Grove. That's the thing that we're con- cerned about. Mr. Plummer: But Ted, wait a minute. Maybe I'm completely confused but you're talking about the people that live behind looking forward. •Mr. Tschumey: I'm not just talking about them. I'm saying that Jimmy mentioned something about neighborhood but the point is the higher the building is the bigger the visual neighborhood that it commands. INAUDIBLE Mr. Tschumey: I concur with that, J. L., but what I'm saying is that the point is that it affects fewer people that way. The majority of the citizens in the Grove don't want the height. Mr. Luft: You know nobody sees Bayshore Drive from his view except when you stand at city hall. Mrs. Gordon: One of the ugliest places in Dade County is Miami Beach, Jack. How high are those buildings on Miami Beach that block the ocean? Mr. Luft: Oh gosh, thirteen? Mrs. Gordon: That is the ugliest place in Dade County barring no other place, Miami Beach waterfront is the ugliest place in Dade County to me. I'm all for this. I moved it before but Jacoby, you have something to show us? Did you bring it? Mr, Jacoby; Yes, I have it, Mayor Ferre: It's almost 5 O'clock. Now I want to tell you that at 8 O'clock tonight I have got to go to a dinner and I want to tell you that we have at least 5 hours of work left today, We will not get out of here until 10 O'clock tonight, 59 S f:4 97 We have taken three hours on this thing and Mr. Jacoby wants tb speak and he's got a right to speak and this it what I've been trying to avoid. NOW Were going to get into a hale that's going tO take another,.. We're an he away from settling this thing. Now as far as t'm concerned either we COntinUe thie thing to the next meeting Or do tomethinge Mr. Plummer: Mr. Mayor p two poihtt, (1) The Manager just made a very iMportant point to the Which 1111 let his speak tor himself% but point (2) all of the employees are here for a great bulk of Civil Service rules and changea and 1 see h0 reason that this can't be continued over to the 25th and let the employees go home stow if that's the only thing they're here for. Is there arty ditagreetent oh that? 4 4 Mr, PluMmer: There is no objection from the adminietratiOn to deferring 42. Re said there are some things they've got to iron mit, Unidentified Speaker: Mr. Mayor, we would request that you don't defer the Civil Service changes. We've deferred them once before. Some of these things have been pending for three or four years. Mr. Plummer: We've been given to believe, Ken, these are all a tatter of house- keeping and it is just a matter of ratification. Sgt. Ken Harrison: It would take you five or ten minutes. As fast as Mr. Lloyd can read he'll get you through them in no more than 15 minutes. Mr. Dean: It is my intention to discuss each one of these sites and do it as... I'm not going to have the graphic material because I think this is a very import- ant issue. Mrs. Gordon: Mr. Jacoby, how long would it take you to give us your points that you wanted to make? Mayor Ferre: Rose, I want to tell you something. The Manager stepped up to me and said that the Budget Hearings at the County start at 7 sharp and that he's talked personally to Mayor Clark and that we're going to be *he first on the agenda. I've got to be there at 7 O'Clock. It is now 5 O'Clock. We've got all these items before us and I don't know what we're going to do. Mr. Andrews: Mr. Mayor, I would highly recommend that you postpone this for at least one more meeting to give us additional time to reviw this. Mayor Ferre: You'd better set 5 hours on that one. Mr. Andrews: Review this and come back to the commission with recommendations in view of everything that's been discussed here today. Mr. Plummer: I'll go along with that if you guarantee me that when you sit down to discuss this you'll discuss it with everybody concerned. Now go along with you if you assure me that all these people will be notified... • Thereupon a motion to defer Items 17, 18 and 20 until September 25, 1975 was introduced by Mr. Plummer, seconded by Reverend Gibson and passed and adopted by a unanimous vote. Mrs. Gordon; That means it cvnes un on the 2Cth because the 23rd is a budget. Mayor Ferre: This is 17, 18, 19 and 20. Mr, Plummer: Mr. Mayor, it did not speak to 19. 60 SEP 4 1975 41A RESTAURANT SEAT'INC AMA OM 6871, ART IVo SEC 20, SuattettoN AN ORDINANCE ENTtThb AN O1 b1NANCE AMENIANO bROINANCE NO, 6871, THE COMPREHENSIVE ZONING O NANCE PC1 THE CITY OP MIA I, ARTICLE IV, SECT= 20, As yr i ELATEt TO RESTAURANT sY.ATING, by bELETtNG SUE SECTION 3 IN tt8 ENTIRETY ANb tUESTITUTtN0 IN LIEU TREMOR NEW SUB -SECTIONS (3) ANb (4) ; REPEALING ALL ORDINANCES, CODE SEC2I0NS OR PAR% TREREOP IN CoMPLICT INSOPAR AS TREY ARE 1N C©N `LtCSt'; ANC CCNTAINtNG A SEVEf ILI' t PROVISION, Passed on its first reading by title at the meeting of July 31, 1975, was taken up for its second and final reading by title and adoption, On (notion of Commissioner plui mer, seconded by Commissioner Cordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES; CoMMissionet Manolo Reboso Commissioner hose Gordon Commissioner (i ev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. ?erre NOES: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8442 ',HE". 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. L), DINNER KEY AUDITORIUM - QUESTJONS SUBMITTED BY COMMISSIONER GORDON TO THE LI TY MANAGER FOR REV I EtiV Mrs. Gordon: Wait, just a minute, before the Coconut Grove representatives leave, "r. "ayor, I have a couple or questions that must be answeree tofty and I would appreciate it if we could do it right now so they could be here when I make these ask these questions. Mr. Vice Mayor, are you going to conduct while the Mayor is tied up? Alright. The questions I have relate to some actions we took last night and I need an answer. (1) The auditorium is in pretty constant use now, Mr. Andrews, isn't it? How far ahead are you booked in these bookings? I think it may be unfair but important. Mr. Plummer: No, in fairness he'll have to get you an answer. I'm sure that he can't answer that. Mrs. Gordon: (1) How far are you booked in these bookings. (2) What would the length of time for development take that you would not be able to have any exhibit- ions there and how many months will the place have to be vacated for the purpose of rennovation? (3) How much of an increase in rental fees would have to be charged to offset the cost of investment? I want those three questions answered because they're very pertinent to a real decision on whether or not we should or should not go into the full scale development. First of all if you have bookings in there what are you going to do with those people? Generally in an exhibition hall you've got them booked for almost a year in advance. Mr. Andrews: We already took that into consideration and most of this work can be done around - but I'll give you an answer, Mrs. Gordon - around events that are there. In other words if you have for example a floor to put down to cosmetically treat that floor and improve it that would be done at a time in between events. There are other things that can be carried on while,.. Mrs. Gordon: I want a written answer to these three questions. I saw the architect at lunch today, I asked him and he said the project would take 8 months to 9 months and that's long period of time to keep that auditorium from operating, Mr. Andrews; No, it would not be down that long, Mr, Plummer; Let me just interject one thing, Rose, I voted with you but if you've got any idea of reopening that hearing here's one that's against you, I had enough of that 5 hours last night, Mrs, Gordon; I think you need the answers though, J, L, whether you want to reopen or not is seoondaxy, 1 $EP 4 1975 Rev, Gibson: Mt, Vide Mayor, t Wouldn't want thee people tO leave and there &Mitt a full understanding about that hearing because 1 think while 1 was for postponing and it didn't go that now that we're going tt5 wait until the next meeting 1 would hope a lot of the anguish would be worked aut before they come, Out of fairness to them please tell the people precisely When you're going to meet and where you're 901fig to meet. You could do tliat right how. Mr, Plummet: Mr, Andrews, would you set a date, rather 1/, 18 and 10 in all regards. It asking right how. PPOOSED ORDINANCE PROVIDING FOR ELECTION OF MEMBERS TO THE CIVIL SERVICE BOARD. - DENIED - Mr. !olummor: Mt. Ma,st, t ten alloviAtt,, t t ,t1100.4 tScit problen, tet me see if 1 can't quickly do it. Their problem is that one representative is from Police and Pire - they've got no truck with that. The other is that the other representative is limited to a general employee excluding the Sanitation Department. 1 don't understand it correctly. UNTDENTIFTtb knot: What we're objecting to is that what they're saying is they want one uniformed Men for one and a general employee to the other and the people have a say on what is on the Civil Service board regards to all employees. What we are saying is that they are supposed to be elected city-wide from all employees. We don't want them to divide it. In other words, when they're elected they're elected through all city employees. Mr. Plummer: In other words what you're saying, you don't want Police and Fire to have any exclusive right to one position. UNIDENTIFIED SPEAKER: Right, we wqnt it all city-wide to all city employees is what I'm saying. Mr. Plummer: Did the Civil Service Board rule cn this? They did not? Why is it up here? Mr. Robert Paulk: This is up here at the request of the City Manager who did for- ward a memorandum to the Civil Service Board and the board took no action on it but it is the request of the Manager to do this and I think he can advise you of the reasons why he is making such a request. Mr. Andrews: The reason for this is to avoid the possibility that you would have two representatives from Police and Fire or two representatives from the General Employees sitting on the board then at that point in time if two general employees were elected you wouldn't have representation from Police and Fire and Vice Versa if you had two from Police and Fire. So this seemed a sensible way to approach this and insure that there would be one representing the uniformed and one representing the general employees. Mr. Plummer: Alright, so we're coming to a numbers game that they've got 1600 total and you've only got 1400. UNIDENTIFIED SPEAKER: I don't care who site up there but what I'm saying is is that if a policeman gets up there fine - I want to vote for it but what I'm say- ing I want to have a say in the vote who sits up there and is going to have the say on what is going to happen to me when I come before the board. I don't have any objection who site up there. Mr. Plummer: You all got any objection to that? I understand what he's saying. Alright, fine, let's change it. You got any big trouble with that? Mr. Andrews: No. Mr, Plummer: Let's change it. How would it read? UNIDENTIFIED SPEAKER: It would just stay the same. Mr. Plummer; Well, what you would really be changing is it would read; An ordin- ance providing.„ They understand. Sgt. Ken Harrison; As far as the Police are concerned we have no stand at all on this issue. We have no stand as to whether this change is made. You make this change, we really aren't taking a stand. If you leave it as it is we're not taking 62 SEP 4 1975 a stand. Now if you change that and try to introduce it then tad haste to see what change you make th that. Mr. Andrews: Alright, what they're saying then is just leans it as it is then. Mr. Plummer: Well how can we work it out, Paul is there any cemp omise? Kenny, you and Gene come back up here damh it, that's the only way we're going to get this thing worked out. bb you have any Bruck with them voting oh your people, likewise you voting bn theirs? 5gt. Harrison: They mote on ours now. What this is is a change. What happens now iS that all city tmmployee5 vote on both positions to the board. This was not introduced by either Police of Fire, we don't know where it oome from. What we're saying from Police and Fire, Gene and I, we're taking no stand at all* tf it passes, fine. tf it doesn't pass,' fine. Mr. Plummer: is this an existing rule or is this a hew rule? Sgt. Harrison: A change in a rule. The existing rule is that all city employees would vote on two positions. They would vote on a police candidade and we mould vote on a candidate from ..: We're happy the way it is. Mr. Plummer: I move to deny 22 The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-812 A MOTION DECLARING THE POLICY OF THE COMMISSION TO TAKE NO ACTION ON A PROPOSED ORDINANCE PROVIDING THAT THE TWO ELECTED MEMBERS OF THE CIVIL SERVICE BOARD SHALL BE ELECTED, ONE FROM THE UNIFORMED POLICE AND FIRE EMPLOYEES AND ONE FROM THE GENERAL EMPLOYEES BY MEMBERS OF THE RESPECTIVE EMPLOYEE GROUPS. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote- , AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 44' APPOINTMENT OF MEMBERS TO THE AFFIRMATIVE ACTION ADVISORY BOARD - DEFERRED Mr. Plummer: Mr. Mayor, I move to defer Item 42 at the request of both the City !tanager ar.''. the City *.ttorne^ Thereupon a motion to defer Agenda Item 42 was introduced by Mr. Plummer, seconded by Mr. Reboso and passed and adopted by a unanimous vote. 45, APPLICATION FOR "CONDITIONAL USE", REPUBLIC NATIONAL BANK-225 1I'W, 42 AVENUE DEFERRED - Mayor Ferre; Are there any objectors present? Are there any objectors on this nrese"} that 'Ash to be heard? Than!_ you. Mr. Plummer; Mr. Mayor, so that we don't get astray, as I recall on this particular item that Father Gibson had a particular request that the School Board be notified. They're here? Mayor Ferre; Is a representative from the School Board here? Thank you, ma'am. Alright, I recognize you, name and address for the record. Mr, John Farrell; Mr, Mayor and commissioners, my name is John Farrell, 2825 S. Miami, I'm representing the Republic National Bank in connection with this review by the commission of action which was taken by the Zoning Board at which time by a four to three vote the Zoning Board denied a Conditional Use request made by the bank for the utilization of property that is located in the area that's generally referred as about 225 N,W, 42nd or Le Jeune for the use of that property as a drive. in teller facility. Also here, of course, is a representative of the Republic National Bank, Mr, Vining who is the executive assistant to the president and con- troller of the bank and other officers of the bank are here as well. They're also 63 SEP 1975 present and we Will present evidence for you to conaideri 8neifeera from Bristol, .hilee and Crowder. There is a representative from the hoard of Public Instruction, M ra. Carol Clark whe, is a specialist it school aite evaluation and a representative from the •bade County Department of 'Transportation and Traffic, Mr. Carl Stobler who is a traffic engineer. 1 want to make absolutely clear it 1 tttaay at the oriaet that this la hot a zoning Matter before this commission. The zoang Oh the prop erty that we are considering and that you will consider is C-2 and that toning is the proper zoning for the use of the Republic National Bank proposes to snake of the property. Indeed, 1 will aleb'point out that the zoning on the east aide of tie ileum from Flagler all the way up to 7th and on the west side of Le .7eune from Plagler all the way up to 7th is all C-2 zoning, a commercial labnifig with one minor exception at the corner of 7th and Le deune where it is 04. The point la that this entire area is zoned cote ercial. We're nbt asking for any change or any modi- ficatibn of toning. What we ate here for is to ask this cotamis: ion tb parPit a Conditional Use which is a use Which is expresely provided for in the C`2 toning of this property for its utilization as a drive-in teller facility. 1ev. Gibson: Counsel, let me ease my conscience. What you're asking me to do lb to do indirectly what you can't directly. Is that what you're saying's 1 just thought I'd better pick that up. tf you have the zoning, one thing 1 learned in my being up here - if you didn't need the you wouldn't be here. The point 1 mike is I just want to make sure that you understand that 1 know that you need me. Mr. Farrell: I hope I have made that clear because that's why I'm here. ReV. Gibson: Alright, I just want to make sure and get that because when you know when you said, "I'm not asking you to do anything, change no zoning..." But when you ask me for a conditional use, you know what I've learned sitting up here? You can change zoning and get zoning changes. You know? 1 went to law school one day. Mr. Farrell: We understand each other. I think it would be extremely helpful for each of you to have an awareness of the uses that can be trade under tale exist- ing zoning on the property without the necessity of a conditional use because in that context I think it will become immediately clear that the proposed utilizat- ion of this property on a Conditional Use basis as a drive-in teller facility is remarkably and eminently the most compatable use that could conceivably be made of this property. Now C-2 zoning, (I've had these blown up out of your zoning book) provides the following uses withoug the necessity of a Conditional Use at all. In other words we would be with the zoning on the property entitled to go down and make application for a building permit and theoretically and practically should be granted a building permit so we could go out there and do these several things on the property. (1) We could use it for a park. (2) A saloon. (3) A Tavern. (4) Massage Parlor. (5) Commercial recreation establishment including an archery range, miniature golf course and a trampoline center. In addition to that we also are entitled under the existing zoning to use the property for coin operated laundries. I also observe with you that there appears to be no time limitation with respect to the hours of operation of a bar, a saloon, a massage parlor, an archery range, miniature golf courses, coin operated laundries, a rescue mission, public utilities, an electric distribution substation and the uses that are permissible under C-2 zoning include all those that are also permis- sible under C-1. Now these, of course, are not comprehensive but I'm just point- ing out some of those that are available. Under C-1 the property could be used without the request for conditional use for theatre purposes, for dry cleaning agencies, pressing agencies for banks, for laundry agencies, for parking lots and parking garages. Now those are the character of uses that are instantly and under your laws and ordinances immediately permissable uses without the necessity of requesting any conditional use. Now when the application was made for a condit- ional use of this property for a drive-in teller facility it was made clear and it is clear that the operation of the drive-in teller facility would be a 5 day a week operation, Monday through Friday. The hours of operation at the present bank location would be continued and that is from 8 O'Clock on Monday morning until 5:00 in the afternoon except for Friday. 0n Friday the hour of operation would be extended until u:00 O'clock. On Saturday and Sunday, as you well know, the banks would be closed and the drive-in facility would be equally closed. I would like to point out to you if I might that it is true the Planning Department recommended approval but 1 would like to read to you the precise language by which the approval was made because it was not a mild sort of an approval. "The planning and design of drive-in teller facilities at the subject location meets and in cer- tain respects exceeds the design criteria essential to its proper operation, exten- sive landscaping and a provision for a wall to buffer adjacent residences are repre- sentative of the applicants efforts to assure Compatible use of the land relation- ship, Now I told you that the property is locatedat225 N,W, i+e Jeune, It is legally described as lots 5 through 11 of 12th Street Manor in the plats' There 64 SEP4 1975 its an existing traffic problem that Le located in the area where the bank prase ently operates its rain banking house and its existing drive-in teller faoility. It is because of that problem prineipaliy that the bank has 'gone to the extent of attempting to assist not only its customers but to resolve a problem with traf- tit and safety in the area for everyone conoerned, Now we have prepared an aerial photographic display so that you tan see exactly what we're going to be talking about and also to point out the problem that presently exists eonoernthg traffic. This, as you fan eee, is West Plagler Street and this is Le aeons. The northwest comet quadrant is presently located and has a number of yearn been located the kepubiie National tank. Immediately north of the Republic National hank and almost adjacent to the math building is presently located the drivemitt teller facilities. Now aecese to the drive,Lin teller facilities at the present iodation can be gained ih one of two ways. If you are proceding southbound on Le Jeune Road then you turn in at N.W. let Street and weave into the lot into the teller fadiiity.Now that accor►odates southbound traffic, traffic coming from the airport attd related type areas. it it the traffic that proceeds northbound on Le Jeune that has created a rather substantial traffic problem because in order to get from the northbound lanes of Le aeune across Le Jeune and into the drive-in teller facility requires the crossing of all the wouthbound traffic coning... Now 1:m sure without question that each of you are completely converse of the fact that the traffic on Le aeune in the seuthbound lane almost on a 24 hour basis is really quite serious. The stream is virtually unending. Even when the light is green the southbound traffic in this area, as will be testified to by Mr. Brian who is a traffic safety engineer with a masters degree in Traffic Safety Engineering from New York university, is virtually. Now, Mr. Simpson has a file... These photographs were taken and are marked E-1, E-2, E-3 and so forth, E meaning early, early turning. Some are marked L-1 meaning around 5:00 O'clock in the afternoon. And they illustrate a rather horrible...... (inaudible) but equally so the problem of trying to transit from the northbound lane across the traffic coming to the south to get into the teller facility. Here is the first one, p-1 and this picture is taken at a slightly north location.... Mr. Plummer: Why don't you stand over towards the podium and then the objectors can see it as well as us. Mr. Farrell: This illustrates congestion of traffic that has to be crossed by a vehicle that is coming up this way and wants to turn left to go into a drive-in teller facility. That is photograph #1. Photograph #e-2 is taken back at the intersection where the bank actually is located, Plagler and Le Jeune and you can see that the congestion of a car at this location coming north in the northbound lane can make an attempt to make a transit across the south driving lanes. It is almost an impossible traffic situation. Now this obviously is not a continuous, that is to say it is not absolute at every moment of the day... Here around 9:00 in the morning, Photograpn E-3, another illustration of the difficulty of trying to cross from the northbound lane to get into the drive-in facility. Here,... (inaudible) So that there is no question in your mind concerning the prob- lem, the very serious traffic problem that exists today by reason of the fact only access to the drive-in teller facility for persons coming north, on Le Jeune is to engage the traffic coming south on Le Jeune and it has caused rather consider- able difficulty and a number of accidents. As a matter of fact, in 1973 and 74 the Dade County Traffic Department reported there were 49 accidents there. I'm told that the accidents occured almost entirely in the south driving lanes. The reason for that is perfectly clear as you can see from photographs. Try to weave your car across there. It is an almost impossible situation. Now in 1973-74 at N.W. 1st Street there is no problem, I beg your pardon, N.W. 1st Street is where they had 49 accidents in two year intervals. At 2nd Street there were 24 accidents in that two year interval I believe and at 3rd approximately 20 or 21. Now the significance of that is that located at the place where these people have to cross the accident rate is roughly doubled the accident rate that occurs in the other area. The reason for it I submit to you is perfectly clear and perfectly obvious. Now we have on behalf of the bank engaged the engineering firm of Bristol, Chiles and Crowder with Mr. Crowder and Mr. Brian to make a comprehensive examination and study of the traffic problems and to analyze the prospective use of the proposed drive-in teller facility. Now let me now draw your attention to the specific locat- ion where the proposed teller facility will be located. It Will be located start- ing at this point on a lot that is 85 feet deep and runs 350 feet to the north. Immediately to the north of the proposed drive-in teller facility is the Internat- ional Pancake House. Now I have had our engineers prepare a little overlay, This is not proposed to be to technical engineering precise detail, This is simply for illustrative purposes so that you can see exactly or pretty much what will be there if the proposed facility is allowed by you gentlemen and ladies to be placed... I would like at this time Mr, 1',W, Crowder, Mr, Crowder is an engineer with the firm of Bristol, Chiles and Crowder and I request.... 65 SEP 1975 Mayer Petrel John, •hew .1Ong are you going to talk/ Mr, Parton: Mt, Mayor, t ththk it peobAbly noinu 40 bo 4N mitt:it-0A. Mayer Verret Porty44ive MinOteat Mr, Varrellt Yes, sir, We want you to heat from the Dade County Traffic engineer and I'm going to ask him, although I'd planned to place him ot at a later time, I'm going to ask him to step forward,., Mayor Petrel John, thie isn't a law room and this is not a dourtroont and I'm not a judge and really 4S minutes is an awfully long time under the eireUMatanee§ You know, I watt to tell you this that 1 have yet, live set or this COOMibbiOn sate 1967, live never heard a presentation that long. Mr. Plummet: I saw one that took four hours, Mr. Mayer1 tut anyhoW, Jack Watson ter four houts,,,. Mayor Ferret / tell you, 1 think you've got a fairly recognisable and a fairly reasonably sill:tie story to tell. Now I think if you tell it in 45 minuteet I'm not telling you how te conduct your business but You're going to get so much in detail and so complicated that (We've been sitting here for three days and frankly half the tine when you're talking my mind is wandering and I"fn thinking of some- thing else or tem just pigeoning around and you know you're getting my point. I think perhaps if you come to the point quick and hit hard and get right to it.). Mr. Plummert can / ask a question real quick like? Mr. Brakes' client, of course, would not be involved in this but let's see if we can't try to narrow down the perimeters in one minute and if 1 can't quit but / think it is worth a try. As I see the objections they basically are on 41st Avenue and I know what their objections are, it has to be the traffic. OK? Now is there anyway, counselor, that your people or you can so design the entrance to this - and it can be done, I know - that they can only come in from the west to the east? YOU see what I'm driving at? That they can't came in from the east to the west and clutter up a neighborhood, I'm sure that's their objection. Mr. Farrell: From the east to the west? Mr. Plummer: That won't help you but... Mr. Farrell: Actually, I don't believe that's the concern if I understand it correctly. The concern that has been expressed in the past was that the person to utilize the facility and who then egress, exit onto Le Jeune might conceivably want to go back south. Therefore, they would proceed to the north and turn to the right and go to Flagler Street and turn back down. Now that was the concern that has been expressed in the past. That problem has been completely resolved. The problem, Mx. Plummer, if 1 may since you've drawn attention to that point has been completely resolved and I might say quite complimentarily at the suggest and direct- ion of the Dade County Traffic Engineer with whom we discussed this thing at great length and who suggested and indeed required that accomodation be made and pursuant to his request and direction we modified the plan and I believe that Mr. Stabler can indicate to you that because of the modification that has been made he has approved the plan and 1 belive that he would indicate to you that the likelihood now is extremely high that if there is anyone who has used the facility and who then desires to proceed south that they can egress from the facility, go directly across Le Jeune and direcly south and there will not be a problem of the dimension or evenly remotely of the sort that presently exists in crossing Le Jeune down at Flagler. Now Mr. Brian who has made a very careful study of this thing can explain that. I would, however, if I may beg your indulgence, try to shorten this thing up. I know the problem you have and I know you understand the problem that the bank has. I frankly don't thing the neighbors would like to have a trampoline center or an archery range or a bar or tavern or a cafe or a parking garage as opposed to a drive-in teller facility but it is your decision, Mr. Stobler has been gracious enough to come here off his vacation on his own time, He doesn't work for us, I wonder if I might call him right now to have him explain,.. Mayor Ferre; John, what I want to do is cut through as much of this as we can and get right to it, Mr, Farrell; Yes, sir, that's precisely what I'm doing, Mayor Ferre; Now I'll tell you what I'd rei,ily like to do is,,, Bob, you're an attorney and you've been through many of th( ;_e things. Is there a way in which you feel there is 4 compromise which would 1 ! acceptable to your clients and the people that are here? SEP 4 1975 411, Mr. Robert Brake1 1 =hit really think there is, tt is a question of traffic as Bohn said and the traffic is going to have to go through the area One way or another. There is no getting around the problem. The best thing for the bank to do would be to find a loeation bh Plagler street and put up their driveAin facility there. That would take care of their past -west traffic, Now they're entitled to do it, tinder state law they can have a branch facility like this withing one mile, to they can gc tither side. Mayor perret Well, if they've gt,ne to all thie expense and trouble having all of these fancy engineers and lawyers, and he is quite a capable one too, then obviously t guess they must have exhausted all the land along Plagler Street or they would have done that. Mr. Parrellt Mr. Mayor, t've confident that if you are willing to, 1 know it is an imposition upon all of your patience but if you're willing to listen to all these engineers that you will be completely convinced that there is no problems. tiro Stobier, would you be good enough to come forward, p1eaee, air. Gentlemen, and Mrs. Cordon, the package that t gave you, one of the rear pages containe a cuplicate of this site plan prepared by... (tiNINLt0Bi) Mr. Plummer: I can''t hear you, sir. 1 can't hear you. Mr. Carl Stobler; The original plan that was submitted showed an exit driveway approximately in this location. Our department objected to that because of the tendency of people exiting and wanting to go south to go across diagonally and in effect going south in the northbound lane. to addition to that there was this employee parking area was up in this corner and had an additional driveway in here. I recommended that they realign that driveway to align properly with the center line. Is that second street or second terrace? Second Terrace and also to have access to the employees parking from on the site so that we would be dealing only with one driveway. They did make those changes and on the basis of that we declared the plan acceptable to our department. INAUDIBLE Mr. Farrell: ...in like fashion Mrs. Carol Clark is here from the Board of Public Instruction and 1 wonder if we might call Mrs. Clark and ask her to express the view of the Board of Public Instruction concerning the acceptability of this proposed drive-in facility as it might relate in some fashion or another to schools that are located here... Mrs. Carol Clark: Normally we don't interject our opinions in zoning matters over which municipalities or the county have control unless it has some effect on the school. That is why we had not responded earlier to the notice of this zoning matter. But we have made an evaluation of it and studied and it will have no appreciable affect on the traffic. The traffic will not increase enough to have any effect on the children. There is a pedestrian crossing light which will get the children across Le Jeune already in existence and this will have no adverse affect. (INAUDIBLE QUESTION) But that is due to existing facilities, Mr. Brake. Right? (INAUDIBLE) I don't know whether there was one. I've been with the school board two years. Did this happen within the last two years? It was probably prior to that time. But it was probably due to existing traffic generators, not the fact that the bank would go in. I can't see where moving the teller facility is going to add traffic. Rev. Gibson: The school is to the west of Le Jeune. Mrs. Clark: It is not on Le Jeune, it is a block off of Le Jeune. Rev. Gibson: West of Le Jeune? Alright, the teller is on what street? Mrs. Clark; The proposed facility is on the east side of Le Jeune between first and second, second and third. Rev. Gibson; And the school is where, Mr. Simpson? Now where is the other school? Alright. .,. (INAUDIBLE) What is to say that that teller, drive-in teller would not generate traffic going down to that Mrs, Clark; If I understand it they already have a teller facility in existence on Hagler Street and the traffic that is going to that would go to this one. You've still got the traffic in the area. Rev, Gibson; Let me ask it another way, The drive-in teller windows are on the north side of Le Jeune, I mean the east side of Le Jeune, This is the ,proposed, EP 1975 You are saying that you tan exit and go down grid Terrace. All right, I'm riot an expert but 1 just want to ask this as a layman. then I go down Le Jeune or if 1 come off 2nd Terrace and if was going to turn ortb to deune the likeliness is do way in the world Iim going to turn on Le JeUtie based on what you just said, you know your argument, with that compounded unded traffic on tie deutie. Mr. Parreilt but Reverend, as Mt. Brian, the traffic engineer in Mrs Crowder's firm will point out to you the lighting sequence that occurs in that area because of the location of this property, that is to say because it is sufficiently north of piagler and sufficiently south of 7th street provides very substantial almost total depth in the traffic is this ._w.,. so that a person who leaves the drive' in teller facilities will cross the normally three lanes at a time when these three lanes are almost absolutely totally vacant. tet me show you if 1 might illustrate that. We had photographers take this Tuesday at 12:1S. That is pretty intense use of the property out there in the street at that time. then the light turns red, this is the LeJeune light, for a period of 50 seconds this natthbound land is almost totally vacant. You can almost shoot a cahhoh Up there and you'll see that there is just nothing at all to impede someone coming out of the drive�in teller facility for 50 seconds. ReV. Gibson: Providing I don't come down rlagler, providing I'flt not traveling west on Flagler and turn right on Le Jeune. Mr. Farrell: There will be some of that. I'm not saying it will be a vacuum but this is illustrative of the type of traffic gap that you have there... Rev. Gibson: I'm the guy who got you, Madame, involved. I'm always concerned about what we do to the schools where our children are. I presume you've answered it that leaving the drive-in teller section - you're saying that no traffic is going to head towards that school. Is that the assurance I have? No, sir? Mr. Farrell: I'm not saying that no traffic is going to head towards that school. As long as that street is open there is always a possibility that someone wants to go there and if they want to go there they can go there. The problem that was posed and the problem that the Dade County Engineer directed his attention to and the problem that the people in the neighborhood back here were complaining about is what about the people leaving the drive-in teller facility who want to go south. And it is this solution that the Dade County traffic engineer gave us that provides a total solution ( I say total, nothing is absolute ) but a very substantial and totally acceptable solution to traffic that wants to come out and wants to go south on Le Jeune. Now here if I can show you, reverend, this is the northerly end of the proposed drive-in teller facility. This is approx- imately where the exit would be. Now we're looking south on Le Jeune. Ok? Now ... ...and you can see from this corner is not to generate additional business but to accomodate existing business and alleviate if not substantially eliminate a really rather terrible traffic problem. Rev. Gibson: I know time is eating us up. You may be better off, you know, today, I don't know. That vacant land to the north of the bank, that is parking. Is that right? Just cleaned off? Mr. Farrell: That is correct. If I can anticipate your question, Reverend, the answer is if we were to try to put the adjunctive teller facility there we'd still have the same problem of crossing over that southbound driving land very close to the intersection where there is virtually continuous traffic. So it is only by placing the facility in this location that we can, we can't guarantee a 50-50 split but essentially the traffic that wants to use the northerly, who wants to use a drive-in facility at the back, that which comes from the south and goes to the north would now be allowed to make a very safe turn into the facil- ity and then go out as opposed to having to make a left hand turn across the traffic lane of Le Jeune where there is no question about the problem there, At the present time the Republic National Bank has off -duty City of Miami police- men during peak hours about which you'll hear a little more in a moment for the purpose of trying to assist that, AS a matter of fact, if he has not had to leave for duty, Officer Abraham is or was here to tell you that at times it gets so bad that he has to stand at the intersection,,. Mayor Ferre: ,John, I'm going to hold you to your 45 minutes *c you've got 20 minutes left, Mr. Farrell: di.dn't know I was going to get Coconut Orove, Mr,Plummer; Mr, Mayor, John, let's do this just to try and hopefully do something SEP here, Let's hear from what the objectors have to say and then if you have to tOSte back to your other 2b minutes let's etee back to it. Because there just might be ah area of compromise here. Mr. Parrellt Well, /ill defer te your wishes, Mt. Plummer. t would submit to you that there really is he probleM.... Mayer Verret Well, these people that are here are invisible then. Mr. nummett You tah address that in rebuttal. Mayor Ferret Is that alright with you, Johh? Mt. Farrell: I'll deter to your wishes, your hohor, Mr. Robert Braket Thank you Mayor Perre and members of the commission and thank you, John. My hate is Robert Brake. t aM a lawyer with offices at 1830 Ponce de Leon Boulevard, 1 represent Mr. Michael PosSMan who is here who is the owner of the Red Diamond Inn and is deeply concerned with thie problem. It is a traffic problem that we are concerned with and there is no remedy. Now I'd like to point out that the problem they say is created by the fact that the traffic that comes to their drive-in facility has to turn left across the seUthboUhd lanes of te Jeune Road. They say that most of their cumstomers come from the south, from the east and the west. So they all come to that intersection Of Flagler Street and Le Jeune Road, they turn north and then they turn left and I submit to you that if they are allowed to put this drive-in facility in it will not in any way solve the problem. (1) Even they and their experts admit that the bank is increasing in its customers so the traffic will increase there. But even more important is the fact that whatever goes north according to their surveys wants to go back where it came from which means it has to go south. Anybody going west on Plagler Street has got to go south on Le Jeune and turn right on Flagler. Anybody wanting to go east on Flagler street has to go south on Le Jeune and turn left on Flagler and anyond wanting to go south on Le Jeune has to turn south and go south. So when these people go north and go into that drive-in facility they've got to do exactly the same thing they do now which is cross over the south bound lanes of Le Jeune and turn south.if they put that new facility in. And John didn't show you too well these pictures. This one is taken at noon. You can see this is E-1. This is our picture, he showed it to you, it is in the record, this is our copy of it. But this shows you that traffic stacked up all the way back to that highrise office building which is a nice thing to have in that area, an office building. And it goes back as far as this drive-in facility is. Now who is going to turn south and go on Le Jeune Road when the traffic is stacked up and you can't get into the lane? What is somebody going to do who wants to go west on Flagler Street? He's going to go off, he's going to go out N.W. 2nd Street across the street, down N.W. 43rd Avenue past the school, down to where Flagler Street is where there is a light, where he can then turn on Flagler Street and go west. And that interfers with the school and with the private residences on that street. And what is going to happen to the people who want to go east on Flagler Street? They're not going to get into that traffic jam. They're going to turn north on Flagler Street, go to the next street which is 3rd Street, go down that one block and go south down 41st Avenue all the way to Flagler Street past those duplexes where people have children playing in the streets. This street, Le Jeune Road is an extremely heavily traveled. They say the traffic hasn't increased more than 1015 in the last 10 years and one of the reasons is that it's at capacity now. You can't get more people on it. There was a child killed. The first child in Dade County killed at a school crossing at the crossing in front of the Red Diamond. And just the other day there was an adult woman hit at that intersection. It is extremely dangerous. I've got traffic statistics, and I won't go into them because I know there isn't much time. There is one more Problem that hasn't been touched and that's the problem of the stack up of these lanes. Now I know in Coral Gables that the Coral Gables First National 8Ank has 8 drive-in tellers and despite the fact they've got at least the same number os car stacking spaces the traffic sometimes goes all the way down to Ponce de Leon because the traffic just stacks up that bad. It is going to be even worse here. This is the picture of the intersection. Here is the Red Diamond. If you can, and I'll bring this closer, there is only room for at the most three cars in front of the entrances to the stack lanes for the bank, If you get three cars coming west out of that street they're going to stack up in front, they're going to block the entrangeS. People coming north on Le Jeune are not going to be able to turn south to get onto that drive-in facility. They're going to have to wait on Le Jeune Road which is a high speed heavily traffic road and that is another problem that hasn't been Mentioned and is definitely one that is a poss- ibility. Now the reason why the bank wants to use this is obviously they own the PropertY. Whey botIght it six months before the statute which would allow them to put a facility a mile away was passed by the legislature. So they've got their money invested in this, Now it can be sold for a profitable uses and they can SEP 4 1975 4 4011 find eoMe other facility on Flagler Street which would be mtich better for theft. They cart go lip to a mile away and that's what should be done. The street is a bad street. It is the ekit for two expressways, It is at capacity hoW and all you're eonto do is add the traffic to it and add the traffic to the side retti.. dential st_xeets. That's why these people Object. Thahk you. ReV. Oihsore I want you to have some relief because I think driVeeih teller business is unique and rather convenieht. Whet 1 raised the question about that parking lot of years I was just wondering if that was a possibility. YOU knew Me. Farrell: It doesn't solve the problem for openers, Reverend, because we still would have the people coming from the south who would be... delihg from the south who WOUld hve to ceme across the southbound lanes of Le aeune. What thebahk wants to city je in essence split its drive-in facilities and split its traffic so that peopLe who are heading north can make a gentle right turn into the teller facility there nlid chen a gentle turn out. People who are coming south can make a g6ntic, tin n 'n the eeistieg facility and then cote back out, We're trying to avoid and elivieate ehe problems of crossing traffic which has caused all the problem. In deed, I'm told by Dade County that if this coMMiebiOn elects to allow the installaLio.1 of this traffic facility that almost, if not immediately, Oh the day that the new facility opens here that they will foreclose any left turns at all at tees particular junction but with the present circumstances it is almost impermiseiele etCee 'for the county to do. Let me, if I might I realize I'm imposed on you,. Mr. Plumeee e1,7 of the other objectors want to speak? UNIDENTIFIED F',?PAICER: I brought over the conception that we neighbors who are there on Fink, the people who live in 41st Avenue and this lady also lives in the nexL hrr.:% She's not marked there but she is here with her children. This is the conceotion that we have. This was drawn by my son and we are trying to represent in that 2:i.ecc of cardboard how we see what is going to happen with the traffic. Thi i not 41 why I am here. Number 1 is the children. / want every- body to .olcrl that the children in our community do not have a park, that they play in the streets in front of our atreet, 41st Avenue, even in the parking place that Republic National 73ank has at this moment. And I have lived in this neighborhood 20 years and my ,htldren are grown up now but I have grandchildren pretty soon and besides teat 1 t'-"el for all the children in the community. It was mentioned a little while ago .out the elementary school but I want to point out also the junior highscheoe ehat the youngsters have to cross the street on Le Jeune Road and 3rd Street. e4y the way, there is a kind of a little hill in that place and sometimes you don't see the traffic. We have had many many accidents in that corner I know that it will present a hazard for the students who go to juniot high to cross that street because exact:y the banking hours are the same hours the children qc io z;ohool mostly. This is my number one concern, not being able, our community. r.t. prcvida a park for the children. Number two is the traffic congest- ion an all the hazards that is going to involve. I'm afraid that because of my experience with the International Bank where I used to bank before; it's located at 7th Street and S.W. 27th Avenue; that we had to be around the block just to get into the widows and I'm sure this is going to happen to us and I'm lucky I'm not on that west side of the street because these people practically won't be able te get fp:..t if they want to. We are going to be trapped in those two blocks that you car se. there. Forty-first Avenue has only one outlet to Flagler Street and then to 2nd Terrace. We have already been forced not to turn left on 2nd Terrace and e Jeune Roed. You can only go right. This ordinance has been going on for :ome Crur.. So really this is one of our concerns and we have many children in our two bloeks that I'm talking about but we have also many old persons who can get sick, eoule have an emergency any minute. How are they going to get out of there? If the bank continues growing as it is it is my opinion that instead of being fvciAties on two sides of the street they're going to bring more con- fusion because they have never been able to cope with one side of the street. HOW on earth will be 3ble to cope with the facilities on the east if stile they always have confusion on the west? Besides that in the past we had no banks at all in that noighbord, Now we have the Republic extending and extending everyday. But we also have throe more banks coming up in the neighborhood. one is already in operation and another one is coming up in the shopping center in the Central Plaza shoppilKj Center. I know that the bank has been surveying the neighborhood and they have had Signatts from some of the tenants but they are not the owners. Some of these people might move any day but we are owners, all those who have signed these requests to be heard and I .hink that is all. If there are any questions 1 would be happy to an21er chem. Mr. Farrt.11: You honor. I would point out that Mr. Brian who is here with Mr, Crowdex has done a comprehensive tral..c and safety study, He has prepared a sEp 4 1975 report, a very abbreviated report, txcuse one, t didn't Thaiitte t actually she's not against it. This is the president of the F.T.A. from !unlock School, Mts. Airman and Mrs. Airman would like to express the view of the PTA that they are in favor of the drive -yin tellersi Mrs. Jean Arnsman: My hafts is Jean Arntiittatt and 1 represent the FTA Board. Our board did meet as a board. There were two people who were not able to attend but 1 spoke with them later and they also approved and signed a letter saying that they approved of the plan. All these people who are on the board are the parents of children who go to school there everyday and I'm at itihlock Flenientary every day of my life that school is in segaion artd this week and until the end of the month I'll be there at 1, 2 and 3 O'C1ock because I have children oozing out at each dismissal. And I can see the traffic on 2st Street and when 1 saw this plan I was reaily impressed with it because it is going to take traffic Off of 1st Street which is our biggest problem at dismissal tithe especially on the banks busy days when they open early and the children are coming to school. Also parents coming to pick up their children who have been trying to make that tame turn that this gentleman mentioned, turning left to get oh 1st Street where t have seen many many accidents standing out ih front of the school because the people going to the bank turn. They might get in on First Street and the car following them in on First street finds themselves right in the middle of be Jeune Road because they have to stop because once they get on First Street they have no other place to go because the drive-in tellers are either back the traffic out into the street. 1 gotcaught there one time and almost had an accident and since them 1 have rerouted my route to go to school because it is just too dangerous a turn. But there a lot of parents who still use it to pick up their children at school. That is when you're going north on Le Jeune Road and you Want to turn at First Street. Because if you come the other way, if you come down First Street and you don'L want to go back out on Le Jeune Road this is the way they usually come out: They come in on First Street and then come back out by the light by the Pantry Pride to go back east on West Flagler Street. It is a very dangerous turn and so aii of the board was impressed with this plan and of course we support it. Thank you very much. Mayor Fer.re: Ma'am, let me ask you a question now. Is this your opinion or is this the PTA? Did you vote on this? Mrs. Arnsman: Yes, the entire board met. There are 9 members of the board, 8 people approved it and one lady was concerned with traffic, she thought it would... MayorFerre: So you're not here representing your prsonal opinion but rather that of the PTA. Mrs. Arnsman: That of the board and,of course, my own. INAUDIBLE Mr. Farrell: The entranceway that we have now is recommended by, and we have the unqualified approval of the Dade County Traffic Engineering Department. Mr. Plummer: I understand that but can the bank live with the traffic only being able to enter. from Le Jeune Road? Can you live with that if it can be done? Mr. Farrell: I'm not an engineer, Mr. Plummer, and you've put an engineering quest- ion to me that 1 really can't respond to. Mr. Plummer: Well, I'm asking can the bank live with it because that would allev- iate within itself all of the objectors except the Red Diamond. Mr. Farrell; I reaily am in a very difficult position because it calls for engineer- ing judgement... Mr. Plummer: So are se. Mr. Farrell: I'm not qualified to make such a judgement. Let me point out, if I might, Mr. Plummer.., Mr, Plummer: It's not engineering as far as whether or not it can be done - it can be done. Now can the bank live with it, That's what I'm trying to say, Mr. Farrell: Well, let me respond this way; (1) I have no authority to make any statement in response to that, quite obviously so, But I do believe that we can, of course, live with anything that we must live with, Mr. Plummer: That's for sure. 71 SEP4 1975 Mt. Farrell: Well, it Is sitnply a fact of life but if you Mould allow me, Mr. Plummer, to point out there actually it no problem. There is no conflict between the Red Diamond and the proposed facility, The bade Comity traffic engineer studied that specific point. Motu hatie his response to Mr. Brake ih which he said tore is no problem. (2) at this juhc'tUre right here on 2hd right by the pat, it g lot it is a right turn only. mat precedes out interests or our plans or our request altogether. This is by county fiat. there is a right turn only sign there. (3) The Red hiatond parking lot, the northerly parking lot.,, iS Located at this position right here. There is also another area for access at this point and the third area that they have is located here at ##6. And gentletneh, as you have perhaps observed in the Dade County Traffic thgineer's report it is hot an exit it is an entrance and if you read that part of his report he points out, as 1 have a photograph that shows that they have geometrically established an entrance pattern only at that point for such traffic as they do get there. So as a con- sequence we're not talking about any difficulty between the Red biarohd and the drive-in because (1) they have almost no real substantial business at boon time and the crll y possible conflict of any consequence would come between 5 and 6 or perhaps 6:30 in the evening - And that only on Friday eveningS. As a consequence of this there really doesn't seem to be any conflict. Out engineers whot[t we hired independent to make a study have come up with that conclusion. Mr. Brian, isn't that correct? Mr. Crowder? Mr. Stobler who is completely independent of us and who is the county's man made that detertttination and under Mr. Simms' sig- nature reported U- t to you there. As a consequence I see no problem there, Mr. Plummer. Mrs. Gordon: May I have a copy of your plot plan? Mr. Farrell: Yes, ma'am and I've provided you with one. It is in the back hand of your book. INAUDIBLE Mr. Farrell: Mr. Pl.tnmer, with all respects I don't think they were complaining about inyress i;i .o the parking facility. Mr. P1umiller: .., You didn't hear them. Their complaint, and I understand it, is and logically so that instead of stacking on Le Jeune they're going to stack on 2nd Street and block that. The woman said if one of the children got sick they couldn't get out because of the cars being across the avenue. Did I understand that correctly? Now what I'm saying to you and I've said it before, engineering- wise it is possible to so arrange the entrance that you can on"-. •o:ne off of Le Jeune Road eater. Now can the bank live with that? If they Laa't this is over with except for you, Bob. I take one step at a time. Mr. Farrell: in response to your question it is perfectly clear to us from con- versations we've had and directions we've had from the Dade County Traffic Engin- eers that they consider this the most desirable. However, if it is your wish to reconfigure the plan in such a fashion and to grant the use on condition of enter- ing from Le June and exiting on Le Jeune then assuming it would be engineeringly acceptable to the Dade County Traffic Engineers we are prepared to accept such a... Mr. Plummer: 'What do you call that, Paul? What we did on S.W. 8th Street. Mr. Andrews: That's channe'ization. Mr. Plummer: Alright. So in other words you can only come out onto 8th Street... Mayor Ferre: nob, I've got a sixth sense about these things and I feel a motion coming so you'd bitter talk up first. Mrs. Gordon: I had a quewtion that needs a good answer, Ok? May I ask you? According to the site plan that I see here you have your tellers located about midway in the property that you have acquired. Right? Why? Mr. Farrell: Yes, ma'am. The reason for that is to accomodate the request and direction the Dade County Traffic Engineer, If we move the tellers further to the north the exit from the teller lanes would be moved further to the north and that would be unacceptable to the Dade County Traffic Engineering Pepartment, They require that the exit be parallel to the existing intersection of 2nd Terrace, (INAUDIBLE). Mrs. Gordon: Well, the point I'm trying to get to is that you'd have more Stacking room on site and if you had more stacking root on site the traffic problem for the neighborhood would be diminished, 72 SEP4 1975 4111 Mt Farrell: Mts. Gordon, obviously you're right but let me say that the bade County Traffic Engineer in his report in response to Mt, Brake said that they cannot anticipate the maxituM capacity being ttilited. OUr engineers say the NUM thing. Mrs. Gordon: Then in affect your land that you're utilising is 100 And stfte odd feet but in effect it is only good or AbbUt 260. The test of it is good for What/ Mt, Fatten: Well, it is good for a lot of open space. We've got an immense amount of open space, This place is going tO look like a park most of the tite, Mrs Gordon: Yes, but the point im trying to make is good for moving vehicles or not. Mr. Farrell: I have to respond in all candor by saying that we have to accept the absolute mandate of the Dade County Traffic Engineers. Rev. Gibson: Counsel, if 1 sense what we're saying, we want to give you relief* we think you ought to have some. Why can't either you say it or why can't someone, I don't know who but we can say it to Dade County, "Lbok, these are softie problemsfl You know all the absolutes are a bunch of hog wash. I mean you know if we coUld move as Rose is saying a little further up since they're the ones who said no if we give and they give maybe we can have a... You know what I Mean? Mr. Farrell: Reverend, 1 of course, agree with you and as 1 hope I pointed out we went and requested specifically that we be allowed to do that and Mr. Stobler, for what seemed to me o be a very sound reason from a traffic safety standpoint said "3o, you cannot do that because if you move further to the north and then a car that wants to cross over Le Jeune is not going to have a straight across shot." He is going to have to canter back in this fashion and we're going to have headon collisions and I'm not going to endorse it. So therefore..... Mrs. Gordn: Could you stagger them? Can you have those that are further to the east with longer stacking lanes and have them exit? In other words have more than one exit point? Mr. Farrell: 1 want to point out to you because I didn't have the chance to tell you some of the things that 1 think you probably want to know and that is in the present configuration we can accomodate 35 automobiles at one time and there is no conceivable way that we're going to have 35 automobiles there other than maybe . once every two or three years if then at all. Mrs. Gordon: How many do you have across the street? Mr. Farrell: In optimum peak hours which occur about one hour each day around 11 to 12 I would say that the most cars we've had stacked over there have not exceeded 20, tops. You see what we plan on doing is splitting the existing using automobiles Mr. Plummer: John, one more time, see if you follow me if your bank can live with this. Have no opening on 2nd Street; enter through lot 11; have your drive- in tellers and exit, whatever it is you have to by law which is 6 or between 5 and 6. Can the bank live with that? Mr. Farrell: Yes, sir. Mr. Plummer: Now won't that protect all the neighborhood? There is... That won't do it for you? Why won't it? Mrs. Gordon; I'm afraid, J. L., you'll have some cars stacking across 2nd Street waiting to get into that driveway. Mr. Brake: That's (ie thing because you're going to loose some of your stack spaces when you require them to enter off of Le Jeune. But the real problem is the fact that you're going to have these people..,, residential streets and that is what the problem is - the exits. If it was just the entrance I agree, Mr. Plummer, you probably would take care Of about 90% of the time. Although I have seen more than 35 cars at the Coral Gables First National Bank which obviously is a bigger bank but this one is growing and they advertise they're the fastest growing independent hank in Dade County, Mrs. Clark: Excuse me please, they won't be able to go across 2nd Street and down that avenue because during school hours there are barricades between First and Second Street on the Avenue because the elementary scbool students cross over 73 SEP 4 1975 I , ehtes their field. Where is never any traffic flow Oh that avenue during school hours, only after three in the afternoon. Mr. Crake: You're really going to have problems then because people Ate going tb dome down there and try to do it, Mt, Farrell: Mr. Mayor, just one brief thing. Mr. Ctrowder and Mt. Brian have pointed out to me that I can't specifically say to fait. Flutntner that we can gb in oh lot 11 because the county May require us to go up to the south edge of lot 10 because of the configuration of the corner. But the point is that we can live With entering from Le Jeune at whatever point the county will allow us to enters Rev. Gibson: Mr. Brake, ghat real harm does this do to your client's property? Mt. Brake: My particular client, the lied biatnord Inn, the extra traffic if it blocks that street and the entrances to his business he loses business. He dOes have a lunchoen business. People do turn left off to Jeune into 2nd Street and go into his parking lot that way. So if there is ahy sort of stacking and noon time is the hour, Jobe, as you said it. I've been to coral Gables First National at noon many times particularly on Friday and found it all the way back to Ponce de Leon Boulevard. If you have the sate thing here and the traffic spills out into Le Jeune and it crosses 2nd Street there so people can't get into his lot he's going to lose business •- they're just going to drive to another restaurant, they're already in thei cars. INAUDIBLE Rev. Gibson: Mr. Mayor, you know I hear both sides and I think both, and certainly this bank needs some relief and I wonder if anybody would consider it robbery if we took the time to really visit during the school hour and during the lunch hour because I would hate for a citizen who isn't really hard put to cause me not to give some relief where a relief might be necessary and indicated. You see we are living now in '75 and if we knew 25 years ago, 50 years ago some of the things we now have we would havc avoided. And I'm just wondering. Mr. Farrell: Reverend, of course I would invite anyone to examine this area because I think you'. see immediately that we've solved the problem but I would submit to you that we have gained the complete and unqualified approval of the Dade County board of Public Instruction, the President and the Board of Directors of the PTA of theelementary school have come before you and expressed their desire to have this because they think it solves a problem for them. 1 -;nn't really see that... Everybody that we've talked to who is in a position to objectively analyze the thing has indicated to this commission that they endorse it and they recommend it. Mr. Plummer: Ur,e ..ore step. I don't know why I'm doing all this - trying to let the bank live and I'm an undertaker. Is there any possibility of completely re- versing? The traffic would come in on 5 and exit by 11? Mr. Farrell: Well, there is no such thing as never never and always but what you'd be doing... You see, we're trying to solve a problem by accomodating traffic that is coning north in the northbound lanes to give them an ease -off into a facil- ity rather than to cros'. over. To undertake what you've suggested even assuming the engineering feasabil.:.ty of it would at least in part recreate the problem. They would have to be makin3 a left hand turn and crossing over and going into the drive-in facility. Now your earlier suggestion is one that I think is meritor- ious and is one that we not only can live with but we're perfectly willing to go and reconfigure the whole thing. If the complaint is that they want us to come off on Le Jeune and go back out onto Le Jeune- we can, we will accomodate. Mr. Brake: Mr. Plummer, the problem is that they cannot solve the problem of the left turns because you are going to have to have everyone make a left turn who goes into this facility just as they do now. Mr, Plummer: Bob, I don't dispute it but you know one thing that hasn't been said that's got to be said and you don't want to hear it and they don't want to hear it. But you know, you've got 7 lots involved. Ok? Conceivably you could put 7 Seven -Elevens there. Mr. Farrell: That's right. Mr. Plummer: And you've got a lot of traffic there. Mr, Brake: Conceivably you could put one office building on them and you wouldn't 74 S P 4 1S75, have all that traffic... You're not going to have these conveniende Soiree. t read that in their report that they gave to you. You're not going to have it. You've got a Burger tying and a Mao Donald's within a few bloOka of this. They're hot going to put another one in there. You've riot a U.-Totem and you've got a 741 Within a few brooks of this. They're not going to .put another one in there, Mr, Plummer: ..,if it were to be split up you're going to have seven individual businesses there. Mr. Brake: You might but the probability is that the bank is going to sell this for an office building or some other higher tile. That's what theprobab ility is. They want to get their money out of this. They bought thit prior to the time the statute said they could iilove a chile elsewhere and they Want to get their money out of it. Fine, I don't object to that but they can sell this land and use the money to buy another series of lots on Hagler Street where they will alleviate a goodly portion of that problem because at least half of the people, those coming either from the east or the west won't have to make a left turn either way. They've been talking about using some of the Florida Power & Light building parking lot for parking because the Florida Power and Light people are going to moveout of there. Why can't they take some of that parking lot and use that for their drive-in tellers? That way they would alleviate it because the left turns are all going to be made at an intersection that would have left turn stack lanes and facilities forit, Le Jeune and Flagler and you can get a lead light there too. Now the intersection that we're talking about, the reason they can't do it on 2nd Street is that's an extremely dangerous corner; so danger- ous they've had 24 accidents there within the last couple of years and the Traffic Department has coupe out and said you can make a right turn only. They don't you to make a left turn and they don't want you to cross because it is too dangerous. And the same thing is going to be true up there on the northern one, 3rd Street where they are going to exit. Mr. Farrell: That's not the reason for the right turn only but I'm not going into it. I would like for you to know though that because of time the President of the Cuban Chamber of Commerce had to leave. He was here to express his endorse- ment, Mr. Sabines. And in addition to that the president of the Cuban Exile Reporters was here to express his affirmative aspect. I don't know whether he has left yet or not. In addition to that the owner of the Pancake House, the International Pancake House who would be our immediate neighbor to the north was here and I believe he still is here and he expresses his view of endorsement of the drive-in facility as well. Rev. Gibson: Commissioner Plummer mentioned a configuration that you kind of indicated you could possibly live with. 'Mr. Farrell: Yes, sir, we can. Rev. Gibson: You know what? As a friend I would go and see if I could put that configuration onto paper and come back here. Mr. Farrell: Well, I'm prepared to make a representation here on behalf of the bank that we will provide the ingress in the fashion that Mr. Plummer suggested. That is to say the turn in will be on the Le Jeune side and it will be done in such a fashion as the engineering department will accept. And by making such a representation I am a position to say we will go on exactly. Rev. Gibson: But counsel, what would be better is if you had it done and the Engineering Department said to us - "Yes". I'm not speaking for the commission but if I sense what I think I sense I think... You know? Why don't you just put it on paper and bring it back and say look and if they say yes we look much better and find it much easier. Do you follow me? Mr. Farrell: I understand what you're saying, reverend. I do indeed. Rev. Gibson: I think they could put it on paper. Mr. Farrell Mr. Mayor, there is a great deal more that could be said. I assure you, I have provided each of you with an analyses and studies, I've not even mentioned the study that was prepared by Mr. Moore's First Research Corporation. It's a comprehensive and overshelming body, Rev, Gibson; Counsel,, trust me for this: I'd like to see it, I'd like to see it at the two different hours, when those children are there an school is in process and when that lunch hour is there. Now that doesn't mean I'm going to buy lunch nor you're going to buy me any bst I'd like to see it out of fairness because I think you deserve some relief and yet I have a right to prPtedt the People in the 75 SEP4 1975 ieighbothood and I would urge you. NOW maybe the others have seen it but I have trot seeh it at those hour§ you're discussing atd since I raised the quest ion about the children, and the school board acid all of that t hope you would. ui ustand. Thereupon a motion to defer was introduced by Heverend Gibaon, seconded by Mr. Plummer and passed and adopted by a Unanimous vote. 461 CHANGE CC ``OVEMgER COMMISSION FETING DATES* The following motion was introduced by Commissioner Gordon, who Moiled its adoption: MOTION NO. 7S-813 A MOTION TO CHANGE THE DATES Off' THE REGULAR MEET NCH IN NOVEMBER FROM NOVEMBER 13TH AND 6TH AND 24TH RESPECTIVELY. Upon being seconded by Commissioner Plummer, the and adopted by the following vote - AYES t Coinmissionet Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre CITY coMMUSION 27TH To NOVEMEElt motion was passed NOES: None. 471 DECLARING OCTOBER 27TH, 1975 AS VETERANS DAY FOR CITY OF MIAMI OFFICES, The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 75-814 A MOTION TO DECLARE OCTOBER 27TH AS THE DATE ON WHICH THE CITY OF MIAMI WILL OBSERVE VETERANS' DAY. Upon being seconded by Commissioner Gordon, and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 43, PROPOSED CHARTER AMENDMENT - the motion was passed NOES: None. G COMPOSITI OF CIVIL SERVICE BOARD FROM TO 1 MEMBERS, 5TO BE APPOINTED BY THE CITY 1MISSION, Mr. Andrews: Mr. Mayor, there is a Charter Amendment that should be taken up and it is my suggestion, Mr. Mayor that if after that you can excuse yourself so that you and 1 and Mr. Lloyd can leave and go down to the County Commission Meeting. It is appropriate that we do that now. Mr. Lloyd: This is a Charter Amendment proposed by Mr. Reboso to change the com- position of the Civil Service Board from 5 members to 7, 5 of which shall be appointed by the City Commission. Mr. Plummer: Who would appoint the other two? Mr. Lloyd; They're the elected members. Mayor Ferre; What it does is it gives the City of Miami Commission two more appointments. Mr. Lloyd; You've all got the ordinance in front of you, by the way, there is a packet in front of you containing; it says City Attorney Reports, Commission Meeting September 4, 1975. And the resolution and the ordinance are in front of you. Mr, Plummer: Is this going to be on two readings? Mr. +loyd: No, sir, it has to be on one reading if you want this Charter Amendment on the November 4th election it has to be done today as an emergency ordinance, 76 SEP 4 1975 Mt. Plummer: A11 we're`'doing is putting it up to the publie to decide. night' YOU got any objections? The following resolution was introduced bAissi0 er RebOsot who moved its adoption RESOLUTION NO. i5.815 A RESOLUTION DIRECTING THt CITY ATTORNEY TO PREPARE AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENt*4E14 TO AMEND SECTION 50 OP THE CHARTER To PROVIDE THAT THERE SHALL tt 7 MEMBERS OF THE CIVIL SERVICE BOARD, 5 OF WHICH SHALL tE APPOINTED BY THE CITY COMMIS. SION AND PROVIDING THAT SAID CHARTER'AMENbMENT WILL BE SUBMITTED TO THE ELECTORATE OF THE CITY OF MIAMI AT THE ELECTION SCREbUIEb TO tE HELD ON NOVEMBER 4, 1975. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Connnissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. AN ORDINANCE ENTITLED AN EMERGENCY ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT AMENDING SECTION 60 OF THE CHARTER OF THE CITY OF MIAMI TO PROVIDE THAT THERE SHALL BE SEVEN (7) MEMBERS OF THE CIVIL SERVICE BOARD, FIVE (5) OF WHICH SHALL BE APPOINTED BY THE CITY COMMISSION; SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 4, 1975; PROVIDING THAT THIS CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NO. 2; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Reboso and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Reboso and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8443, 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. 77 SEP 4 1975 25:5 OF CODE BI* DUC I TM M M 1 HI P OF T OP TRUSTEES OP THE LIB SYS'1` r�, FROM N1 Li TO 5 MEMBERS, PROVIDINI TERM OF 5 YES, APPOINT MEMBERS TO SAID AN ORDINANCE ENTITLED - AN Et1RGENCY ORDINANCE AMENDING SECTION 29=3 of THE CODE OF THE CITY OF MIAMIi FLORIDA EY REDUCING THE MEMEERSHIP OF THE BOARD OF TRUSTEES OP THE PUBLIC LIBRARIES AND PUBLIC LIBRARY SYSTEM hY DECREASING THE NUMBER OF MEMBERS FROM 11 MEMBERS TO 3 ME EERS AND BY PROVIDING FOR A THREE (3) YEAR TERM FOR SAID MEMBERS TO COMMENCE SEPTEMBER 5, 1575; REPEALING All ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT I#ERE` WITH; CONTAINING A SEVERABIIJtTY PROVISION AND PROVIbi ING AN EFFECTIVE DATE. Was introduced by Commissioner Gibson and seconded by Commissioner PlumMer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gibson and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8444. 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. Andrews: Let me make sure the commission understands what you're charging this board to do. All three of these will become members of the County Library Advisory Board. They're also charged with the responsibility of coming back to you to inform you what is going on. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-816 A RESOLUTION APPOINTING MONA LIGHTE, REBECCA ROTH AND DOROTHY SANFORD LOVE AS MEMBERS TO THE BOARD OF TRUSTEES OF THE'PUB- LIC LIBRARY SYSTEM FOR A THREE-YEAR TERM COMMENCING SEPTEMBER 5, 1975. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson V.Ce Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES; None. Ii{ 31 SE 4 1975 M1SCE(. ANEC US DISCUSS, -A: PCOMING Fi S C, , STATUS KEPOaT BY CITY ATTORNEY XPAN ION OF FACILITI S AT DINNR KEY, Gi'Y AGER To GIVE rROGRESS KEPORTI MAymt ''r:?tr+5t Nrw h+ fnre t ip *p I ovp qh #ion iFYit j F ' +i5+ , the 'f"itt sso � §itio of the F.E.L. land. Mr. Lloyd, as I uhdetstand welte now in court. Is that it? Mr. Lloyd: Yes, sir. We have filed a declaration of taking and momentarily just as soon as Judge Crawford gets back from vacation which is this week sotieu time we will get the date for the hearing. Mts. Gordon:'Will you also bring us up on Hall Point. Mr. Lloyd: The last I heard they were ready to file the Complaint. Mrs. Gordon: I heard they filed but I thought you had something more recent, Mt, Lloyd: No, that's all. They've just filed a complaint. That's all. Mayor Ferre: Would you bring us up to date for the next meeting? Mr. Lloyd: Yes, sir. Mayor Ferre: Alright now this memorandum that you gave me here john, is this what we have to read over here? Mr. Lloyd: I don't suggest reading it, no. It is just some hints, some infortnat� ion for you to prepare yourself for the... Mr. Andrews: I have a statement that I'll. read into the record over there, very short. Mr. Plummer: Mr. Mayor, I was going to bring up so that it doesn't take you by, surprise; I was going to bring and ask the Manager within 30 days to give us a position of where we stand with the expansion of the boating facilities at Dinner Key and I intentionally will be asking that. Do you want it in the form of a motion or a memo or can you just do it? Mr. Andrews: I think we can do it. Make a mote of that. Mr. Plummer: In other words increasing from 300 boats to 1200. NOTE: The Mayor turned the chair over to Vice Mayor Plummer 51, ACCEPT COMPLETED WORK - OVIDIO P, p,R�ODRIGUEZ, Q - FIRE STATION No, 9 - BATHROOM ADD I T I ON - 1Yi The following resolution was introduced by Commissioner Gibson, who moved its adortion: RESOLUTION NO. 75-817 A RESOLUTION ACCEPTING THE COI•IPLETED WORK PERFORMED BY OVIDIO P. RODRIGUEA, JR. AT A TOTAL COST OF $7,894.00 AND AUTHORIZING A FINAL PAYMENT OF $789.40 FOR FIRE STATION NO. 9 - BATHROOM ADDITION - 1975. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. t •_ 79 S P4 1975 Olk UP -DATING OF CIVIL SE VIDE IDLES ANDREGULATIONS; FIRST READING ORDINANCES AN ORDINANCE ENTtTLEbW AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OP THE CITY OF MIAMI, BY REPEAL/NO RULE I, SECTION 6a., AND SUBSTITUTING THEREFOR A NEW SECTION 8a., PROVID= INC FOR A NEW DEFINITION OF "PROBATIONARY EMPLOYEE" AND PROVIDING FOR WRITTEN NOTIFICATION TO A PROB= ATIONARY EMPLOYEE IN CASE C' A REDUCTION IN LANK OR DISCHARGE; BY REPEALING RULE I, SECTION 13, AND SUBSTITUTING THEREFOR A NEW SECTION 13, PROVID= ING A NEW DEFINITION OF "ADVANCEMENT" WHICH INDI= CATES A TRANSFER TO A CLASSIFICATION WITH A HIGHER SALARY RANGE BUT WHICH DOES NOT CONSTITUTE A PRO.. MOTION; BY REPEALING RULE I, SECTION 14, SUBSECT- ION (a), AND SUBSTITUTING THEREFOR A NEW SUBSECT- ION (a) PROVIDING A NEW DEFINITION OF "DEMOTION" AND RESTRICTING THE USE OF THE TERM TO A REDUCT- ION IN CLASSIFICATION RESULTING FROM AN UNSATIS- FACTORY RATING OR OTHER DISCIPLINARY REASONS; BY REPEALING RULE I, SECTION 14, SUBSECTION (b), AND SUBSTITUTING THEREFOR A NEW SUBSECTION (b), AND SUBSTITUTING THEREFOR A NEW SUBSECTION (b), PRO- VIDING FOR A DEFINITION OF "RETURN TO FORMER CLASS- IFICATION" WHICH INDICATES THE REVERTING TO A FORMER CLASSIFICATION" WHICH INDICATES THE REVERT- ING TO A FORMER CLASSIFICATION NOT AS A RESULT OP DISCIPLINARY ACTION; BY REPEALING RULE I, SECTION 14, SUBSECTION (c), AND SUBSTITUTING THEREFOR A NEW SUBSECTION 14, SUBSECTION (c) PROVIDING A DEFIN- ITION OF "CHANGE IN CLASSIFICATION" INDICATING A CHANGE TO A CLASSIFICATION IN WHICH THE EMPLOYEE HAD NO PRIOR STATUS AND NOT INVOLVING AN INCREASE IN SALARY. Was introduced by Commissioner Gibson and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. : ABSENT; Mayor Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REG- ULATIONS OF THE CITY OF MIAMI, BY DELETING RULE II, SECTION 1, SUBSECTION (a) AND CREATING A NEW SUBSECTION (a), WHICH CLARIFIES THE RULE BY SUBSTITUTING THE PHRASE "CONDUCT AND/ OR OVERSEE THE CONDUCTING OF ALL EXAMINATIONS" FOR "CONDUCT ALL THE EXAMINATIONS"; BY DELETING RULE II, SECTION 2, PARA- GRAPH 3 IN ITS ENTIRETY; BY REPEALING RULE II, SECTION 3, AND SUBSTITUTING THEREFOR A NEW SECTION 3, ALLOWING THE EXECUTIVE SECRETARY AS WELL AS THE CHAIRMAN OF THE BOARD TO AIGN VOUCHERS AND THUS MAKE THE RULE CONSISTENT WITH ACTUAL PRACTICE. Was introduced by Commissioner Gordon and seconded by commissioner Gibson and passed on its first reading by title by the fo lowin Vote; AYES; Co unissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev). Theodore Gibson Vice Mayor J. L. Plummer, Jr, NOES; None, ABSENT; Mayor Ferre. 80 SEP The City Attorney read the ordinance into the piblio record and announced that Copies ware available to the members of the City Commission and to the public. AN =NNANCE ENTIT'LEb- AN ORDINANCE AM1NDtNG ORb/NANCE No. 6045 PASSEb ANt AbOPT'Eb NOVENtER 15, 1961, APPROVING THE CIVIL SERVICE RULES ANb REOULATIoNS OP THE CtT'Y OF MIAMI, tt AEREA/JI RULE III ► SECTION it SOBsECTtoN (d) AND St t8TtTtfTING THEREFOR A NEW SUBSECTION (d) , WHICH MAKES REFERENCE TO 14 INSTEAD OP 12 CA1ENbAR bAYS AS THE MINIMUM NON -RECORbEb LEAVE OF' ASSENCE, BY DENTING RULE tit, SECTtO 1 1, SUBSECTION '(1) XN ITS ENTIRETY TO AVOID DUPLICATION OF SAME REQUIREMENT WITH RULE )t tt, SECTION 1. Was introduced by Commissioner Gibson and seconded by Commissioner Gorden and passed on its first reading by title by the followin vote! AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev). Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6956 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REG- ULATIONS OF THE CITY OF MIAMI, BY ABOLISHING RULE IV, SECTION 5, WHICH PROVIDES FOR USE OF PAY RANGES TO COMPENSATE FOR SPECIAL ASSIGNMENTS; AND BY REPEALING RULE IV, SECTION 8, AND SUBSTITUTING THEREFOR A NEW SECTION 8, WHICH PROVIDES AUTHOR- ITY FOR THE BOARD TO RECOMMEND THE ESTABLISHMENT AND ABOLISH- MENT OF CLASSES; FURTHER PROVIDING AUTHORITY FOR THE BOARD TO AMEND CLASS DESCRIPTIONS. Was introduced by Commissioner Gibson and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev). Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None, ABSENT: Mayor Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mrs. Gordon: I have a question, J. L., on (e). I want to know about the oath of allegiance. Why are we eleminating that? Mr. Joe Yates: ... it was eliminated because a federal district judge in Miami struck it down in the case of one employee who filed a complaint against it. Mrs. Gordon: Really? The Pledge of Allegiance? Mr. Yates Yes, ma'am, the entire oath of allegiance and citizenship was struck at the same time. Mrs. Gordon: That's alright, but you know the oath of allegiance, that beats me. Mr. Plummer; Did we appeal that? Mr. Yates: No, sir. Mr. Plummer; Why? Mr. Weston? Mr, Weston; 1 don't know .t happened before X became associated with the city, 81 SEP 4 1975 Mr. Yates; The claim wee against the citizenship rule but when the judge stftek he struck the entire rule. Mrs. Gordon: Is there anything) Mr. WeSton, that at this point in time we can do? I don't like that idea. Mr. Weston: I would think that we could leave it in and still participate because that particular case dealt with one particular individual. This rule is one that was passed by the Civil Service board and in order to correct it should have to go back before the board. 1 suggest that we research it) resubmit it to them and make whatever recommendations and just as you've already discussed) you can change this if it is possible. That's an opitisbn that it is probably possible. The following motion was introdUded by COMMistiOnet Gordon# who moved its adoption: MOTION NO. 75-818 A MOTION TO REFER BACK TO THE CITY ATTORNEY A PROPOSED ORDINANCE REPEALING RULE V, SECTION 3 OF /HE RULES AND REGULATIONS OF SAID BOARD FOR RECONSIDERATION OP THE PROVISION REPEALING THE REQUIREMENT FOR AN OATH OP ALLEG/ANCE. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. ABSENT: Mayor Maurice A. Ferre NOES: None. Mr. Yates: I don't believe it was the board's desire to actually eliminate it, the felt they had no choice. Mrs. Gordon: The oath of allegiance? Well let's send it to the Law Department then. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCES NO. 6945 AND No. 7358 PASSED AND ADOPTED NOVEMBER 15, 1961 AND NOVEMBER 8, 1965 RESPECTIVELY, APPROVING THE CIVIL SERVICE RULES AND REG- ULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE VI, PART II, SECTION 2 PARAGRAPH 2, PROVIDING THAT EMPLOYEES WHO HAVE BEEN DEMOTED FOR DISCIPLINARY REASONS WITHIN THE LAST TWELVE (12) MONTHS OR FAILED THE SAME OR LIKE EXAM- INATION WITHIN THE LAST SIX (6) MONTHS OR HAD AN UNSATIS- FACTORY EFFICIENCY EVALUATION ON THE PRECEDING RATING PERIOD SHALL NOT BE ELGIBLE TO PARTICIPATE IN PROMOTIONAL EXAMINATIONS; PROVIDING FOR WAIVER; BY REPEALING RULE VI, PART III, SECTION 1, SUBSECTION (e), AND SUBSTITUTING THEREFOR A NEW SUBSECTION (e), WHICH EXTENDS TO THE DEPART- MENT OFFICIAL FILLING A VACANCY THE RIGHT TO EXAMINE THE RESULTS OF AN APPLICANT'S EXAMINATION IN ORDER TO CONFORM THIS RULE WITH RULE VIII, SECTION 13; BY REPEALING RULE VI, PART II, SECTION 3, AND SUBSTITUTING THEREFOR A NEW SECT- ION 3 WHICH MAKES THE RULE REFLECT THE CURRENT STATE LAW REGARDING VETERAN'S PREFERENCE, Was introduced by Commissioner Gibson and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev), Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES; None. ABSENT; Mayor Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 82 SEI:s 4 1975 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6045 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES M REGULATIONS OP THE CITY OP MIAMI, BY REPEALING RULE VII, PART I, SECTION I, SUBSECTION (b) , AND SUBSTITUTING T1111tEPOR A NEW SUBSECTION (b) , C1,,ARMING 2 tAT THE WRITTEN REQUEST POR REMOVAL FROM AN ELIGIBLE REGISTER MUST COME PROM THE APPLICANT: BY REPEALING RULE V1I, PART Ii, SECTION 3, SUB- SECTION (b);, AND SUBSTITUTING THEREFOR A NEW SUBSECTION (b), CLARIFYING THAT THE WRITTEN REQUEST POR REMOVAL PROM AN ELIGIBLE PROMOTIONAL, Was introduced by Commissioner Gibson and seconded by CofthisSioher Gordon Arid passed on its first reading by title by the folibWih vote: AYES: Commissioner Rose Gordon Commissioner (Rev). Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Ferre and Mr. Reboso. The City Attorney read the ordinance into the public record and announced that copies c./ore available to the members of the City Commission and to the pub7.l c . AN ORD N ii C'r: EOTIZIAEJ- AN ORDINANCE AMENDING ORDINANCE NO. 6945 AND NO. 8182, PASSED AND ADOPTED NOVEMBER 1.5, 1961 AND SEPTEMBER 18, 1973 RESPECT- IVELY, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMMI, BY REPEALING RULE VIII, SECTION 4, AND SUB- STITUTING THEREFOR A NEW SECTION 4, PROVIDING FOR THE CHIEF EXAMINER (.R THE EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD, UNDER THE DIRECTION OF THE CHIEF EXAMINER, TO CERTIFY ELIGIBIL- ITY FROM THE APPROPRIATE REGISTER DELETING THE REQUIREMENT FOR PHYSICAL EVALUATION FOR PROMOTIONAL POSITIONS; BY REPEALING RULE VIII, SECTION 6, SUBSECTIONS (a) AND (b), AND SUBSTITUT- ING THEREFOR NEW SUBSECTIONS (a) AND (b), WHICH MAKE THE DEFIN- ITION OF PROBATIONARY EMPLOYEE MORE COMPLETE AND IN KEEPING WITH r!'aE DEFINITION IN RULE I; BY REPEALING RULE VIII, SECTION 6, SUBSECTION (c), AND SUBSTITUTING THEREFOR A NEW SUBSECTION (c) TO CLARIFY THE LENGTH OF, PROBATIONARY PERIOD FOR THE SUB- JECT CLASSIFICATIONS; BY DELETING FROM RULE VIII, SECTION 6, SUBSECTION (d), THE REQUIREMENT FOR GIVING REASONS FOR DIS- CHARGE OR TERMINATION; BY REPEALING RULE VIII, SECTION 6, SUB- SECTION (i) , AND SUBSTITUTING THEREFOR A NEW SUBSECTION (i) , TO MINIMIZE THE NUMBER OF POSITIONS TO BE FILLED IN TEMPORARY STATUS REQUIRING DEPARTMENTS TO EVALUATE PERSONNEL WHILE IN PROBATIONARY STATUS; BY REPEALING RULE VIII, SECTION 7, AND SUBSTITUTING THEREFOR A NEW SECTION 7, TO PERMIT THE IMMEDIATE FILLING OF POSITIONS WHEREIN AN EMERGENCY ARISES AND ALSO TO ALLOW THE EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD TO PERFORM THE FUNCTION IN THE ABSENCE OF THE CHIEF EXAMINER BOARD MEMBER; BY CHANGING THE TERMINOLOGY OF RULE VIII, SECT- ION 12, LINES 5 AND 15, TO AGREE WITH THE WORDING OF THE CITY CHARTER WHEREIN EMPLOYEES ARE CLASSIFIED OR UNCLASSIFIED; BY ABOLISHING RULE VIII, SECTION 13 IN ITS ENTIRETY. Was introduced by Commissioner Gibson and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev). Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES; None. ABSENT; Mayor Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City ComMission and to the public, 83 SEP4 197 1 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO, 6545 PASSED AND ADOPTED NOVE ffiER 15, 1969, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OP THE CITY OF MIAMI, EY REPEALING RULE X, SECTS ION 1, AND SUBSTITUTING T!#ERE *OR A NEW SECTION L, WHICH TREATS EMPLOYEES IN THE LABOR CLASStPICAT1bN THE SAME AS OTHER EMPLOYEES REGARDING CERTI?ICATION AND SELECT/ON POR ENTRANCE POSITIONS tN ACCORDANCE WTTN RULE Vitt, SECTION 31 At,So ELIMNATEs THE PORTION OP THE RULE WHICH PROVIDES THAT A COPY Off' THE REGISTER BE SUEMITTEb TO THE CITY MANAGER, Was introduced by Commissioner Gibson and seconded by CoMmissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev). Theodore Gibson Vice Mayor d'. L. Plummer, Jr. NOES: None. RESENT Mayor Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGU- LATIONS OF THE CITY OF MIAMI, BY REPEALING RULE XI, SECTION 1, AND SUBSTITUTING THEREFOR A NEW SECTION 1, PROVIDING THAT EMPLOYEES SHALL HAVE THE RIGHT TO AFFILIATE WITH ANY LABOR ORGANIZATION; FURTHER PROVIDING FOR RIGHTS AND PRIVILEGES OF SUCH EMPLOYEE MEMBERS OF LABOR ORGANIZATIONS. Was introduced by Commissioner Gibson and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES Commissioner Manolo Reboso Commissioner Rose Gordon` Commissioner (Rev). Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, AS AMENDED, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE XII, SECTION 1, AND SUBSTITUTING THEREFOR A NEW SECT- ION 1, PROVIDING FOR PROMOTION PROCEDURES TO FILL VACANCIES IN THE CLASSIFIED SERVICE BY PROMOTION OF EMPLOYEES IN THE NEXT LOWER RAMC OR BY ADVANCEMENT; BY REPEALING SECTION 2 OF RULE XII, SUBSTITUTING THEREFOR A NEW SECTION 2, PROVID- ING FOR TEMPORARY PROMOTIONS IN THE ABSENCE OF AN ELIGIBLE REGISTER AND TERMINATION OF SAID TEMPORARY PROMOTIONS UPON THE RETURN OF THE REGULAR EMPLOYEE OR ESTABLISHMENT OF AN ELIGIBLE REGISTER; AMENDING RULE XII, SECTION 3 BY DELETING THEREFROM THE TERM "POLICEWOMAN"; AMENDING RULE XII, SECTION 3 BY DELETING PARAGRAPH 3 DEALING WITH THE PROMOTION OF INSPECTORS OF POLICE, WITH CLASSIFICATION NO LONGER EXISTS, Was introduced by Commissioner Reboso and seconded by Commissioner Gordon and passed on its first reading by title by the following vote; AYES; Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev) . Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES; None. ASSENT; Mayor Rerre. 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. 84 SEP 9$ 1975 AN ORDINANCE ENTITLED-. AYES: Commissioner Commissioner Commissioner Vice Mayor J NOES: None. ABSENT: Mayor Ferre. AN ORDINANCE AMENDING ORDINANCE NO. 6945 AND NO. 6139 PASSEL AND ADOPTED NOVEMMA 15, 1961 AND tEt3RUARV 15, 1973 RESPECTi IVELY, APPROVING T1 E CIVIL St:RVICE Rt t S AND t EGUt,ATIONS OE THE CITY Or MIAMI, t3Y AMENDING THt LAST SEN NCE OP RUtt XIV, SECTION 1, SUBSECTION (d ., t3Y ADDING THt pfti2ASE "tXCEPT At PROVIDE IN RULE Xrti, SE C ION `J'", TO AGREtL WITH THE CHANGE MADE IN RULE XIV, SECTION 7; B7 CHANGING 'THE WOVIO "POSITIONS" TO "STATUS IN RULE XIV, SECTION 2, CN LINE 2, MICE POSITIONS' ARE NOT PERMANENT AND MUST SE 13UbGETEb PHOM YEAR TO YEAR; by REPEALING RUTS XIV, SECTION 7, AND SUBSTITUTING THEREFOR A NgW. SECTION 7, PLACING IN THE BANDS OF THE CITY MANAGER THE AUTHOR= ITY TO RECLASSIFY TO A NEW CLASSIFICATION AN EMPU3YEE WHO HAD BECOME INCAPACITATED IN HIS PRESENT CLASSIFICATION. Was introduced by Commissioner Gordon and seconded by Comtnissionet Gibson afid passed on its first reading by title by the fty1.10Winr voter AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Perce. The City Attorney read the ordinance into the public record and announced that copies ai!re available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN ORDINANCE MENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEM}3ER 15; 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY AMENDING RULE XVI BY DELETING THEREFROM SECTION lA WHICH PROVIDES FOR SUPERVISION IN THE DIVISIONS OF POLICE AND FIRE; AND BY DELETING THEREFROM SECTION 10, ENTITLED "DISMISSAL OF PROBATIONARY EMPLOYEE IN THE ENTRANCE POSITION." Was introduced by Commissioner Gibson and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev). Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayer Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AN ORDINANCE ENTITLED - AN G.RDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING CIVIL SERVICE RULES AND REGULAT- IONS OF THE CITY OF MIAMI, BY ABOLISHING IN THEIR ENTIRETY RULE XVII, SECTIONS 1, 2 AND 3 WHICH PROHIBIT POLITICAL ACT- IVITY BY CITY EMPLOYEES. Was introduced by Commissioner Gibson and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: Manolo Reboso Rose Gordon (Rev). Theodore Gibson . L. Plummer, Jr. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 8 EP 4 975 AN oRbINANCE ENTITLED., AN ORDINANCE AMENDING ORDINANCE NO. 6945 PASSED AND ADOPTED NOVEmBER 15, 1961, APPROVING THE CIVIL SERVICE AU = AND REGUI.ATIoNS OF TVS CITY of MIAMI, BY REPEALING RULE XVtllr SECTIONS 1 AND 2 WHICH PROVIDE THAT AN EMPLOYEE DESIRING TO ENGAGE IN OtjTISDE EMPLOYMENT MUST PIRST SECURE tERMISS1ON OF THE CIVIL. SERVICE BOARD. Was introduced by Commissioner Gibson and seeoatt e[i by Cottc issioner dot1on► and passed on its first reads tg by title by the f0110wing hate: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev). Theodore Gibson Vice Mayor J. L. Plummer, dr. NOES: None. ABSENT: Mayor Ferre. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 53, APPOINTING Mk, W I LLI AM M, '.'!OLFARTH AS MEMBER OF THE 13WNTOWN DEVELOPMENT AUTHORITY The following resolution was introduced by Commissioner Gibson, who moved its ado-:tion: RESOLUTION NO. 75-819 A RESOLUTION APPOINTING WILLIAM M. WOLFARTH TO A FOUR-YEAR ThPM AS BOARD MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE IMMEDIATELY, AND CONTINUING THROUGH 3UNE 30, 1979. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None, ABSENT: Mayor Ferre and Commissioner Reboso. 54, WAIVE RENTAL FEE, DINNER KEY AUDITORIUM - CERAMIC LEAGUE OF MIAMI SUBJECT TO CONDITIONS Ms. Dee Marden: I'm Dee Marden. I represent the Ceramic League of Miami Beach and we're reou sr_ina ninner Key Auditorium for, an Annual fund raising fair Novem- ber 22 and 23rd. These dates have been cleared with Mrs. Bush. Since the league is a non-profitable organization and exempt from federal income taxes described in Section 501 of the International Revenue Code we request the use of the auditor- ium for a service charge. Mr. Plummer: Excuse me, I understand we have a legal problem. Mr. Andrew P. Crouch: Mr. Vice Mayor, as you may remember the City Attorney on June 30th issued a legal interpretation of the ability of the City Commission to do waiver of certain fees. In their memorandum they identified three purposes that could be identified where the City Commission would be , it would be proper for them to waive or make donations to various organizations in the way of waiv- ing of fees which were actual money that we're dealing with. In review of the application that is before us the City Manager has determined that none of the three conditions are met. There is no public purpose, there would be no outside publicity attributed to it nor is it an official city charity. Mr. Plummer: In all fairness, Andy, why wasn't thus..,. Ms. Marden: We don't pay for any publicity and we don't charge any admission and we do give a two week seminar to the public school teachers and they receive credit, 86 SEP 4 1975 A Mt. Pl er: Excuse Me, My problem ia this, it ia One more of procedure. What is this ever doing oh the agenda if you say that we debit de5 it/ Is she trying to override your dediaion7 m. Crouch: The requeat was made and was submitted to the City Mahar for inClUsion on the agenda. We have contacted and gotten information froM them and the Matter has come froth the City Cofthiaaidn. Mr. Plummer: If you're telling us legally it dan't be done then 1 doh't See Why it is even on the agenda unless she's appealing the decision Of the adminia- tratioh. Mr. Crouch: What is involved is an interpretation of the benefit and I'M telling you... Mts. Gordon: When did we know that she couldn t have this* the adMinietretiOn Imo*? Mr. Crouch: Her letter was received... Mr. Plummer: The point is, did you ever tell her that? Ms. Marden: That's what we wanted to know. They called me and told me that it would be on the agenda at 4 O'Clock so I came at 3:30. Mr. Crouch: The letter was received in our office July 28th. Mr. Plummer: You had plenty of time to notify her instead of putting it on an agenda. The simple matter, chi s really isn't helping you; the matter is that we cannot waive the rental. That is the interpretation. We cannot go against the legal opinion. Mr. Weston, for the record you concur? Mr. Weston: 1 would like to also explain it. There is a constitution of Florida prohibition against expending public funds to the benefit of any individual. That would include non-profit except when it is in a public purpose. A public purpose is defined as when it is in the benefit of the community as a whole and not for any individual or small segment of it. We concur with the Manager in his deter- mination that this description is not met by this particular type of organization. Mrs. Gordon: I just heard something that maybe I heard wrong or interpreting it wrong but it seems to me that the purpose is to educate the public and that is a public purpose. I could be wrong about my interpretation but that's what I just heard her say. Ms. Marden: That's right. We hold a two week seminar in the summer for the Dade County Public School Teachers. When they take our course they receive credit for this course. We charge nothing for this. We supply all the supplies. We teach in the public schools. We demonstrate in all the public schools whenever we're called on to do so which is quite often and we bring all our own supplies. I don't know if this was made clear in the letter or not. Mr. Plummer: Let me, and you won't have to come back. May I suggest that you supply to both the administration and the Law Department a letter of what you just said - clarification. Let's move this thing subject to approval by the manager and the attorney. Mrs. Gordon: After receiving the appropriate information as you have stated. Is that alright, Mx. Crouch? Mr. Crouch: Let me suggest that I give her a copy of the City ATtorney's legal opinion so she would know what she would be addressing herself to. Mr. Plummer: I think if nothing more because the lady had to sit here she ought to get it. 87 SE13 1975 1 The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 75.4320 A MOTION GRANTING REQUEST OF THE CERM4C LEAGUE OR MIAMI Pt% USE OF DINNER KEY AUDITORIUM ON NOV'EMBER 22 ANb 23 'Ott ITS ANNUAL FUND RAISING FAIR, SUBJECT TO AbPROVAL OP THE CITY MANAGER AS TO !FETING THE LEGAL REQUIREMENTS FOR SUCH A WAIVER OF FEES. Upon being seconded by Commissioner Gordon, the Mbtioii was passed and adopted by the following vote- AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.1 Theodore Gibson Vice Mayor a. L. Plummer, Jr. NOES: None. WENT: Mayor Ferre. DISCUSSION OF PROPOSED LHARThR AMENDMENT .. PERSONAL APPEARANCE OF Sat KEN HARRISON Mr. Plummer: What do yo;1 wei:t,. ? enry? Sgt. Ken iiarrit,on : LO address myself to the emergency resolution you passed on changing the make-up of the Civil Service Board. Mr. Plummer: Talking about the referendum? Sgt. Harrison: Right„ I'd like to voice our concern from the employee groups that this was brought: r ;rr;re the commission here and nobody had any advance knowledge of it or z',fly c.nj ioyee croups. What you've done effectively is re- duced our input into s..t.:: board actiy in half and you've also added a Cost to the commission of what r:.:r',17 t y; approximately $5000, somewhat in excess of that, the salaries that are attached to it. I recognize that you've passed this as an emergency thing. I really think chat I have to voice my concern there and it was brought here and paesed and no opportunity really given to the employee groups which this resolution or roorj_cn or whatever you call it done in this manner denied us an opportunity to express any concerns or objections that we might have. And you actually leave us no alternative but to oppose this at the pens at this point - yos have pad it as en emergency... Mr. Plummer: We had no chojee because of the time. Sgt. Harrison: I recognize Uiat but I would like the commission to know that there is concern and there is rxn c#ejection. Mrs. Gordon: Are you opposed to it, Ken? Sgt. Harrison: Ye:, ma'am, very much so at this point. Mrs. Gordon: Were you in the room when we did this before? Sgt. Harrison: Yes, ma'am and I had no idea that this was coming. It was not on the agenda. As a natter of fact I contacted several people to ask if they had advance knowledge of it and the two groups that are here, Sanitation and Police, neither of us did. 1 contacted Mr. Paulk, he said that he had not had advance notice of this. I had to get a copy from Mr. Crouch and I really think that this denied us an opportunity to express our concern. Mrs. Gordon: Well, we're concerned that you're concerned but I didn't have any idea that you were concern. Mr. Plummer: Your concien is registered, Kenny, but let me say this, I've said it on many occasions; my point is still the same. This is not a question which you are not going to decida or we are. This is something we are sehmitting to the voters and they will make the decision, Sgt. Harrison I recognize that. Mr. Plummer: So I accept your objection on the record. Sgt. Harrison: 1 want to bring this open to the commission because I think that at this point the employee groups have no alternative but to oppose it at the polls. S P'4 1915 044k Mr. Plummert You would always have that anyttmo, toothy. Mt* AebosOt The only tbaSOn Kenny, is that We want the representation in the Civil rvide Beard. ...terrible pressure that the hoard with t metiers is not representing the pOpulation of the City of Miami. Sgt* Mattison: I understand that but you've effeCtiVely out the employee repro,. SehtatiVeS in half. Instead of 2/5 we new haVe 2/7th. YOU'Ve effectively reduced our input exactly 50%. Mt. PlUtmert Kenny, the point that I have to make, I understand. The point tem trying to take is regardless of what happens at this cObAiSSiOn you Still have the right to either support or go against at the polls. Sgt. Harrison: I understand that but I would like at least... The employee groups in the City of Miami have never done anything without presenting it to the commission in advance and I want to take this opportunity to tell you our concerns and let you know that we do have some objections here and we feel an Obligation to let the cot. tnissioners know where we stand on this issue because we did not get advance notioe. Mrs. Gordon: I realize and you know I don't think any of us really realize that that was a fact of the matter that we had not been aware. But i want to ask a question. Among the five members that the commissioners may, if it passes, appoint could logically be meaabcis of the employee organizations. There is nothing pre- cludes that is there? Mr. Reboso: Nothing prec3udes that. Mrs. Gordon: Ok. it could logically be 7 members of employee organizations. It could be. I'm not saying that it would be but it could be. Sgt. Harrison: We'd like to maintain the proportion that we have now at least. Mrs. Gordon: Or more? Sgt. Harrison: Or more, yes. Mr. Plummer: Thank you. 56. PUBLIC HEARING ON APPLICATIONS FOR TRANSFER OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY - SETTING DATE FOR SEMI-ANNUAL PUBLIC HEARING, The following resolution was introduced hv Commissioner Reboso, who moved its adoption: RESOLUTION NO. 75-821 A RESOLUTION SETTING SEPTEMBER 25, 1975 AT 2:00 O'CLOCK P.M. IN THE MEETING ROOM OF THE MIAMI CITY COMMISSION, CITY HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA FOR A PUBLIC HEARING UPON APPLICATIONS FOR CERTIFICATES OP PUBLIC CONVENIENCE AND NECESSITY AND ALL PENDING MATTERS PERTAINING TO SAID CERTI- FICATES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr, NOES: None. ABSENT: Mayor Ferre. 89 SEP 4 1975 IN -at INVENT' *, MORT' SCHWARTZ TO CITY O III; IPICATION The foilewino reeolution was intro:A ted 'iv e!omolOmioner moved Ito adoptions I 'CITE ON ECOLOGY AND r4on KUOLUTION NO, 75422 A EEEOLtiTtON APPOINTING MA, MOAT SMARTS TO THE COMM TTEE ON EGGS ANO EEAUT#PIGATION OP THE CITY CO MIAMI. who (Here follows body .of resolution, omitted here and tin file in the Office of the City Clerk.) Upon being seconded by Cotrsnissibner Gibson, the resolution was passed and adopted by the following rote AYES: Commissioner Manoio Reboso Commissioner Moe Gordon Commissioner (R_ ei:.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None, A: Mayor Fare. . WAIVER OF RENTAL FOE FOR !'WATSON PARK) OcT • 12A 197 - SPAN I SH HERITAGE WEEK The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 75-823 A MOTION GRANTING REQUEST OF CASE DE ESPANA, INC. FOR USE OF WATSON PARK ON OCTOBER 12, 1975 FOR SPANISH HERITAGE WEEK. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote- AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Ferre. 59, *p&p Of F E FOR MARINE SThDI FOR BENEFIT FOR VICTOR THEON - LI U, WNV & ASSOCIATES, INC, ( SUBJECT TO MEETING REQUIREMENTS) Mr. Crouch: We feel that this does not meet the criteria and therefore, under the City ?. ttorney.. . Mr. Plummer: Alright, lookl I'll tell you on you. We're going to pass it subject to criteria. Ok? You want to put this stuff back on you. Them meeting the criteria of what. We're going to put the impetus your approving that they meet the in here I'll show you how to throw it the Manager and the Attorney. Mrs. Gordon: Right. I agree with J. L. If they... they shouldn't be on here. Mr. Plummer: I understand, but if they can't satisfy you that it meets the criteria it's not approved. Mr. Crouch: And we understand and we'll see that this doesn't happen again. The following motion was introduced by commissioner Gibson, who moved its adoption: MOTION NO. 75-824 A MOTION GRANTING REQUEST OF L. G. GUNN & ASSOCIATES, INC. FOR FREE USE OF THE MARINE STADIUM TO STAGE A BENEFIT JAM SESSION TO HELP DEFRAY MEDICAL EXPENSES FOR VICTOR THEON, SUBJECT TO APPROVAL OF THE CITY MANAGER AS TO MEETING THE REQUIREMENTS FOR SUCH A WAIVER OF FEES, Upon being seconded by Commissioner Reb )so, the motion was passed and adopted by the following vote- AYES; Mr. Reboso, Rev, Gibson, Mrs. Gordon and Mr, Plummer, NOES; None, 5 ; Mayor Ferre, 90 SEP 1975 . NA VE SAL Fit FOR ROEERT KING HIGH PARK NOVI Me 1975 SOUTH FLORIDA SING The fallowing Mat1oh was itttfoduC6- by MrA. tiardon % hb Matted its adopt a t MOTION NO. 75,445 A MOTION MRAMGtNG REOtST OP A .EX kRUk, CALM b1STR1CT tnetiTs, , PbR On OP kOttAT HtNd HtOR PARK ON NO RR 7TH THROUGH NOW.MbER '9Th. 1875 TO STA= A CAi+ ORES. Upoo being seoohded by Rev. Gibson the Totioh WaS passed and adopted by the foliowih9 vote-AYtSt Mr. kebosO, Rev. Gibatsh, Mrs. Gordon and Mr. Plummet. ICES: Norte. ABSENT: Mayor Pierre. 611 AUTHORIZING CITY ATT N - " b FOREGO ANb FORBEAR COURT ACTION UPON TORTS ARE Aim DOES NOT EXCEED The following resolution vas introduced by Rev. Gibson who moved its adoptioflt RESOLUTION NO. 75-826 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO UNCONDITIONALLY FOREGO AND FORBEAR COURT ACTION UPON ANY TORT CLAIM BY THE CITY AGAINST THIRD PARTIES WHERE THE AMOUNT IN DISPUTE DOES NOT EXCEED $100.00 AND BY PROVIDING THAT NO FURTHER ACTION ON THE PART OF THE CITY COMMISSION OR OTHER CITY OFFICER IS REQUIRED, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None, ABSENT: Mayor Ferre. 62, URGE BOARD OF COUNTY COMMISSIONERS TO CREATE "SPECIAL TAXING DISTRICTS" The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 75-827 A RESOLUTION STRONGLY URGING THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE COUNTY TO CREATE SPECIAL TAXING DISTRICTS FOR THE SPECIFIC SERVICES WHICH DIRECTLYBENEFIT PROPERTY OR RESIDENTS IN UNINCORPORATED AREAS, AND FOR ANY EXPANSION THEREOF, INSTEAD OF REQUIRING CITIZENS OF THE CITY OF MIAMI TO ASSUME THE BURDEN OF PAYING FOR THESE SERVICES WHICH DO NOT DIRECTLY BENEFIT THE CITIZENS OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT; Mayor Ferre. 63, AID, RESO, 75-638, AUTHORIZING C Ty MANAGER DI APPLY TQ DEPT, OF JUSTICE FOR A GRANT TO DEFRAY COST OF A S.T,ux, ROBBERY/13URGLARY MOJECT, ETC. The following resolution was introduced by Mrs. Gordon who moved its adoption; RESOLUTION NO. 75-828 A RESOLUTION AMENDING RESOLUTION N0, 75-638 AUTHORIZING THE CITY MANAGER TO APPLY TO THE DEPARTMENT OF JUSTICE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION FOR GRANT TO DEFRAY THE COST OF A S,T,O.P. ROBBERY/BURGLARY PROJECT TO BE ADMINISTERED BY THE CITY OF MIAMI POLICE DEPARTMENT TO REFLECT THAT THE CITY CASH MATCH WILL BE INCREASED FROM $23,415.00 TO $24,283,00 DUE TO NEW GUIDE- LINES SET DOWN BY LEAP. REGARDING THE CALCULATION OF THE STATE AND LOCAL MATCH IN SECOND YEAR GRANTS, THE TOTAL AWARD REMAINING THE SAME, (Here follows body of resolution, omitted here and on file in the Office Of the City Clerk,) 91 SEP 4 1975 MK t Upon being eadonded by ASV. Cibmbh and rea lotion was payed and adopted by thr ug vote ASS: Mrs dab, Rev. abaft, Kra, C irdon and Mrs Plum tipsS t Hone. AD NT: Mayor Terre+ 64# URGE THE PUBLIC Stigvice C0441StION TO REFUSE TO GRANT ANY INCREASE IN TELEPHONE RATES TO SOUTHERN 5ELL The following resolution, was i itrbdu ed by Mrs. Cordon who moved its adopbiott t RESOLUTION MO. 7S- 820 A V SOLUTION ST1tbNCLY Uk t4G TIE PUBLIC SERVICE COMMISSION Off` THE STAVE OP MAMA TO AIME TO CRANT ANY nowt IN TELE- PHONE RATES TOO SottTHEAN BELL TELEPHONE COMPANY WITHOUT JuniI- FICTION; AND P'tJRTHEER URGING SAID PUBLIC gERVXCt COMMISSION TO EXAMINE WITH EXTRA ARE ALL THE EVIDENCE AND TESTIMONY SUB- MITTED To MANE t RTAIN THAT ANY REQUESTED RATE INCREASE IS JUST/PIED AND TO PURTHERi MAKE CL TAtN THAT THERE ARE NO O It tt REASONABLE ALTERNATIVES OTHER THAN A RATE INCREASE. (Here follows body Of resolution omitted here and on file it the Office of the City Clerk.) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote. -AYES: Mr. Rebosc, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mayor Terre. 65. URGE SMALL BUSINESS ADMINISTRATION TO ASSIST LOBSTER FISHERMEN BY MAKING LOANS OR OTHER APPROPRIATE AID The following resolution was introduced by Mrs. Gordon who moved its adoption" RESOLUTION NO. 75-830 A RESOLUTION URGING THE SMALL BUSINESS ADMINISTRATION OF THE UNITED STATES TO ASSIST LOBSTER FISHERMEN RESIDING IN THE MIAMI AREA, BY MAKING LOANS TO THESE FISHERMEN OR BY ASSISTING WITH OTHER APPROPRIATE FEDERAL AID TO EASE THE BURDEN OF THESE FISHERMEN IN THIS TIME OF FINANCIAL CRISIS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Mayor Ferre. 66. URGING GOVERNOR OF THE STATE OF FLORIDA TO GIVE RELIEF TO LOBSTER FISHERMEN, ETC, The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 75-831 A RESOLUTION cPPONr,LY Uur,Iun IMP mOVPu.IP, OF' n'HP STATP OF FLORIDA TO MARE EVERY EFFORT TO DISCOVER SOME MEANS BY WHICH RELIEF CAN BE GIVEN TO THE UNFORTUNATE LOBSTER FISHERMEN IN THE MIAMI AREA WHO HAVE BEEN SEVERELY HURT FINANCIALLY BECAUSE OF THE ACTION OF THE BAHAMIAN GOVERNMENT WHICH IS PREVENTING FISHERMEN FROM TAKING LOBSTERS IN BAHAMIAN WATERS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote- AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummet, Jr, NOES: None, ABSENT; Mayor Ferre. 92 SEP4 1975 67# APPROVING EMPLOYOINT OE HAS$11iS & StV.A9 ACCOUNTANTS fOR NE BOARD OF TRUSTEES Of THR MIAMI 6ITY tmPLOYEES KRTIREMENT VSTEMI The follOwing resolution was introduced by CoMMisSiOner CordOn, who moved its sdopti6nt RESOLUTION NO, 7S432 A RESOLUTION APPROVING THE EMPLOYMENT UPON SPECIPIED TEAMS AND CONDITIONS OP mAsittNa t CEATIPIED PUBLIC ACCOUNTANTS, AS ACCOUNTANTS, POR THE BOARD OP TAUSTEtt OP THE MtAMI CITY EMPLOYEttl AETIREMENT SYSTEM, DIRECT/NO PAYMENT THEAETO PUASUANT TO THE APPLIC- ABLE ORDINANCE OUT OP THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM TRUST PUND, (Here follows body of resolution, omitted here ariloh file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo keboso Commissioner AOse Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr NOES: None, ABSENT: Mayor Perre. 68. AUTHORIZING & DIRECTING,THE CITY THE ACQUISITION OF THE RIVERSIDE GER co! THE CITY ATTORNEY TO PROCEED WITH PTIST LHURCH MROPERTY. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 75-833 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY ATTORNEY TO PROCEED WITH THE ACQUISITION OF THE RIVERSIDE BAPTIST CHURCH PROPERTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Ferre. Mr. Crouch: Now that you've authorized us the closing will occur on Monday and the property will be ours. There is a formal closing in the Attorney's Offices... 69, CALLING PRIMARY AND REGULAR CITY COMMISSION ELECTIONS FOR MAYOR AND CITY LOMMISSIONERS The following resolution was introduced by Commissioner Plummer, who moved its adontion: RESOLUTION NO, 75-834 A RESOLUTION MAKING PROVISIONS FOR HOLDING A NON -PARTISAN PRIMARY ELECTION FOR THE NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND TWO COMMISSIONERS AND A LATER REGULAR MUNICIPAL ELECTION UNLESS ALL OF SAID OFFICES HAVE BEEN FILLED IN THE NON -PARTISAN PRIMARY ELECTION; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID NON -PARTISAN PRIMARY ELECTION AND REGULAR ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS mAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS oF FLORIDA AND CHAPTER 15 OF THE CODE OF THE CITY OF MIAMI WHICH THE CITY R. ADOPTED AND DESIRES TO USE FOR HOLDING SUCH NON -PARTISAN PRIMARY ELECTION AND SUCH REGULAR MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE or THE CT Y COMMISSION WITH 93 SEP 4 1975 RESPECT TO THE USE OP aucm REGISTRATION atom ANb RECORDS1 D/RECTINd Tra CITY MARX TO GIVE NOTICE RV PURLICATION OP TRE AbOPTION OP Nit RESOLUTION AND OP THE PROVISIONS HEMP, btRECTING THE CITY CLERK TO CAUSE A CERTIPIED COPY HEMP TO tE DELIVERED TO THE SUPERVISOR OP ELECTIONS OP DUE COUNTY NO LESS THAN PORTY-PIVE MAYS PRIOR TO THE DATE OP SUCH NON- PARTISAN PRIMARY ELECTION. (Here follows body of resolution, omitted here and on file ib the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution oas passed and adopted by the following VOte4. AYES: COMMi09ifter Manolo Reboso Commissioner R006 &brash Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, dr. NOES! None. AESFNT: Mayor Ferre. 70, CONFIRMING ACTION OF 'HE, CITY tiAGER.,IN PMIITING A STATE GRANT APPLICATION FOR FUNDS TO PROODE UOMMUNITY ILD DAY (AR E bERVICES The following resolution Was introduced by Ccimmiesioner Gordon, who movee. it adontion! RESOLUTION NO. 75-835 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A STATE GRANT APPLICATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE STATE'S ASS/STANCE FOR COMMUNITY SER.. VICES PROGRAM TO INITIATE A PROGRAM THAT WILL PROVIDE COMMUNITY CHILD DAY CARE SERVICES; AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREEMENTS NECESS- ARY TO IMPLEMENT THE PROGRAM UPON RECEIPT OF THE GRANT. (Here follows body of resolution, omitted in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Ferre. 71, AUTHORIZINQ CITY MANARER TO SUBMIT GRANT APPLICATION FOR A HANDICAPPED KECREATION rROGRAM The following motion was introduced by Commissioner Gordon, who moved its adontion: MOTION NO. 75-836 here and on file A MOTION AUTHORIZING THE CITY MANAGER TO PREPARE AND SUBMIT GRANT APPLICATION FOR A HANDICAPPED RECREATION PROGRAM. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote - AYES; Commissioner Rose Gordon Commissioner Manolo Reboso CoMmissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Noes; None. ABSENT: Mayor Ferre, 94 $EP4 1915 121 etuVRT4ZeY yi 4,Gek 40 SUBMIT GRANLIT APPCATION OR A DAY CARE SOCIAL # '-OGRAMI Ihe followinl MO ion was introftead by CommisSioner Oordont whO MOVed its adoption: MOTION NO, 75..837 A MOTION AUTHORI2ING THE CITY MANAGER TO PREPARE AND SUBMIT GRANT APPLICATION ?O A DAY CARE AOCIAL AECURITY TITLE XX PROGRAM, Upon being seconded by COMDittitiOner Gibb0h# the motion was passed and adopted by the folloWing vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboot) Commissioner (kelt.) Theodore Gibson Vite Mayor J. t. Plummett Jr. NOES: None. ABSENT: Mayor tette, 73, AUTHORIZE CITY MANAGER TO SUBMIT GRANT APPLICATION FOR A VIRGINIA KEY CAMPGROUND AND BEACH DEVELOPMENT PROGRAM Mr. Plummer: What is D,(3)? What is this campground, is that what you and 1 taled about': 'rbis is sonething !ye bse.,!n ,,orltine.! on, bo. Mr. Cliff Hays: This is for applying for a grant for developing the beachfront at Virginia Key. This area will be for campers. That is for picnic area and beaching. At the far corner there will be overnight camping for Girl Scouts and Boy Scouts. These are nature trails and a conservation area. Mr. Plummer: How much is the grant you're applying for? Mr. Hays: For the city it will be $100,000 and we will get a bureau of Outdoor Recreation Grant of $100,000 and a PDA grant of $300,000. Mr. Plummer: All you want is authorization to apply? Mrs. Gordon: Would there be some boat slips where they can take out small boats? Mr. Plummer: No. Rose, I've skied in there for 25 years, the answer is no. The following motion was introduced by commissioner Plummer, who moved its adoption: MOTION NO. 75-838 A MOTION AUTHORIZING THE CITY MANAGER TO PREPARE AND SUBMIT GRANT APPLICATION FOR A VIRGINIA KEY CAMPGROUND AND BEACH DEVELOPMENT PROGRAM. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Ferre. 95 SEP 4 1975 7L4 Aunain CITY riklAGERL, RREPARE & SUBMIT OW AMIGA, ION FOR DEVELOPMENT OP THE NORTH END OP bAYFRoNT PARK The following motion was introduced by Commissioner GibbOn, who moved its adoptiont MOTION NO. 7S-81q A MOTtoN AUTHORTEINd THE CtP NANA= TO PREPARE ANb SUHMIT GRANT APPLICATiON POA: A PROdPAM TO bEVELOP THE NORTH ENO OP APRONT PAM. Upon being secorded by CoMitiatiOner PlUmmeri the Mbtibn Was passed and adopted by the following Vote* AVM: Commissioner Pose Gordon Commissioner Manolo teb060 CoMMiSsiOner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Ferre. Mrs. Gordon: I don't see anywhere where you've applied for the money for the rennovation of the Dinner key Auditorium the money you are entitled to. Mr. Andrews: Yes, I felt that you had given that authority yesterday when we were in session so I didn't add it to this list. Mrs. Gordon: Don't you think you should have it on there if you want to get it? Mr. Andrews: If you wish to take action again please do so. Go ahead and let's do it so we won't take the chance that we don't have the proper authority. Mrs. Gordon: I think we'd better wait. 75 AUTHORIZE CITY MANAGER TO PRERAK & SUBMIT GRANT 6PPLICATION FOR 27TH AVENUE WIDENING & REBUILDING FROM U.S. 1 TO S. BAYSHORE DRIVE. The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION NO. 75-840 A MOTION AUTHORIZING THE CITY MANAGER TO PREPARE AND SUBMIT GRANT APPLICATION FOR 27TH AVENUE WIDENING AND REBUILDING FROM U.S. 1 TO SOUTH BAYSHORE DRIVE. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ABSENT: Mayor Ferre. 96 SEP 4 1975 76, RESOLUTION' CALLING CHARTER AMENDMENT ELECTION The faitawing resolution was introduced by CaMMIssibtter ttebost, Who MOVet ita adoption: RESOLUTION NO, 75= 441 A RESOLUTION CALLING AND MAfX/NG PROVISION FOR A SPECIAL MUNICIPAL ELECTION TO BE MELD NOVEMEER 4, 1975, IN nit CITY OP MIAMI, ?LOR bA, FOR THE PURPOSE OF SLUBMITTING TO THE QtJALIt+IED ELECTORS Off' THE CITY OF MIAMI FOR THEIR APPROVAL OR DISAPPROVAL PROPOSED AMENDMENTS T3 THE CHARTER OF THE CITY OF MIAMI: CHARTER AMENDMENT NO, IA "Shall Section 62 of the City of Miaxni Charter be amended for the purpose of providing for the addit� ion of Battalion Chiefs in the unclassified service of the city by adding the phrase "Battalion Chiefs" in sub -section (1) (c) immediately after the "Director of training in the fire division?" CHARTER AMENDMENT NO. 2: "Shall Section 60 of the Charter of the City of Miami be amended to provide for a seven (7) member board instead of a five (5) member board and to provide that (5) of the seven (7) members shall be appointed by the city commission?" PROVIDING FOR THE DESIGNATION OF POLLING PLACES; PROVIDING FOR PUBLICATION AND NOTICE OF SPECIAL ELECTION AND THE SUBJECT MATTER THEREOF AND RATIFYING AND CONFIRMING THE ACTS OF THE PROPER OFFIC- IALS PERTAINING THERETO; PROVIDING THAT THE CLERK OF THE CITY OF MIAMI IS DESIGNATED AND APPOINTED THE OFFICIAL REPRESENTATIVE OF THE COMMISSION OF THE CITY OF MIAMI IN TRANSACTIONS WITH THE SUPER- VISOR OF REGISTRATION OF DADE COUNTY; AUTHORIZING THE PROPER OFFIC- IALS OF THE CITY OF MIAMI AND DADE COUNTY TO PERFORM THE NECESSARY ACTS TO SUBMIT SAID AMENDMENTS TO THE ELECTORATE AT THE NOVEMBER 4, 1975 SPECIAL ELECTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. NOES: None. ASSENT: Mayor Ferre. HERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY CO4 M ASION Qf� MOTION! DULY MADE AND SECONDED, THE MEETING WAS ADOURNED AT /:5O U CLOCK V 1 M. ATTEST: Hi D, SOUTHERN CITY CLERK RALPH G, ONGIE ASSISTANT CITY CLERK IMAUR I CWbRFERRE 75-783 75-784 ITN NO 10 11 12 13 MIAMI DOCUMENT INDE 6CUMEUT IDENTIFICATION COMMISSION AGENDA AND CITY 'CLERK REPORT CONFIRMING ORDERING RESOLUTION NO. 75-653 CONFIRMING ORDERING RESOLUTION NO. 75-735. GRANTING A PERTITION FOR A PLANNED AREA DE- VELOPMENT IN ACCORDANCE WITH ORDINANCE NO. 6871. ACCEPTING THE COMPLETED WORK PERFORMED BY ARKO MECHANICAL CONTRACTORS, INC. AT A TOTAL COST OF $11,400.00 AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF MIAMI TO ISSUE A PERMIT TO METROPOLITAN DADE COUNTY PUBLIC WORKS DEPART- MENT TO EXCAVATE SUBMERGED LAND CONTIGUOUS TO THE SOUTHEASTERN PORTION OF THE NEW PORT OF MIAMI. ACCEPTING THE PLAT ENTITLED ZULETA TRACTS, A SUBDIVISION IN THE CITY OF MIAMI. ORDERING THE IMPROVEMENT OF CENTERLINE SANI- TARY SEWERS IN THE STREETS OF THE AREA BOUND- ED BY BISCAYNE BAY AND INTERSTATE HIGHWAY I-9 ORDERING THE IMPROVEMENT OF SIDELINE SANITARY SEWERS IN THE STREETS OF THE AREA BOUNDED BY BISCAYNE BAY AND INTERSTATE HIGHWAY I-95 ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXE- CUTED BY ALEIDA HERNANDEZ CONVEYING TO THE CITY OF MIAMI THE NORTH 10 FEET OF LOT 1, BLOCK 1, OF ALLAPATTAH HOMESITES FOR SEWER IMPROVEMENT. AUTHORIZING THE DIRECTOR OF FINANCE TO ACCEPT THE SUM OF $53.50 IN FULL AND COMPLETE SETTLE MENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS GLORIA BETANCOURT. AUTHORIZING THE DIRECTOR OF FINANCE TO AC- CEPT THE SUM OF $65.23 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITY OF MIAMI VERSUS MARY MacINTOSH SERVICES, AUTHORIZING THE DIRECTOR OF FINANCE TO AC- CEPT THE SUM OF $27,50 IN FULL AND COMPLETE SETTLEMENT IN THE CLAIM OF THE CITYOF MIAMI VERSUS THE METROPOLITAN TRANSIT AGENCY OF DADS COUNTY, MEETING DATEt Settbg, I.97S COMMISSION RETRIEVAL 1 ACTION ,._. _ _ CODE NO• 0077 R-75-778 75-778 R-75-779 75779 R-75-780 75-780 R-75-782 75-782 R-75-783 R-75-784 R-75-785 R-75-786 R-75-787 R-75-788 R-75-789 R-75-79 1 104 NO, DOCumwr IDENTIFICATION 14 15 16 17 18 19 20 21 22 23 24 25 DENYING CERTAIN CLAIMS AND DIRECTING THE CIT? ATTORNEY TO DEPEND ANY SUIT BROUGHT FOR THE RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIMS. AUTHORIZING TUE CITY MANAGER TO PURCHASE BY NEGOTIATION PARCEL NO. 7096.4 OF THE CITY OP MIAMI PROJECT 3, MIAMI RIVERFRONT DEVELOPMENT AS DESCRIBED HEREIN. CONFIRMING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BID RECEIVED FROM GARCIA EQUIP,- MENT COMPANY FOR A TOTAL COST OF $12,440.00 PROVIDING FOR THE SALE OF $2,000,000 POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BONDS OF THE CITY OF MIAMI. AUTHORIZING THE CITY MANAGER TO SUBMIT A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ADMINISTRATION FOR $136,108.00 TO CONTINUE AN EXISTING PROJECT. AUTHORIZING THE CITY MANAGER TO SUBIT A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ADMINISTRATION FOR $41,664.00 TO CONTINUE AN EXISTING PRO- JECT. AUTHORIZING THE CITY MANAGER TO SUBMIT A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ADMINISTRATION FOR $54,102.00 TO INITIATE A PROJECT DESIGN- ED TO PROVIDE THE MIAMI POLICE DEPARTMENT WITH THE ABILITY TO BETTER ALLOCATE THEIR PATROL MANPOWER. ACCEPTING THE BIDS RECEIVED FROM G.E. SUPPLY FOR ITEM IB (LIGHT) AND ITEM 3 (POLES) IN THE AMOUNT OF $2,430.00. ACCEPTING THE BID RECEIVED FROM SAXON COM- PANY FOR FURNISHING. XEROGRAPHIC PAPER FOR THE CITY ON A CONTRACT BASIS FOR ONE YEAR. GRANTING APPROVAL OF THE N.W. 20TH STREET SOLID WASTE TRANSFER STATION (METROPOLITAN DADE COUNTY) TO BE LOCATED AT APPROXIMATELY 1150 N.W. 20TH STREET, GRANTING A ONE YEAR EXTENSION OF THE VARI- ANCE GRANTED ON THE PROPERTY AT 810 S,W, 9TH STREET BY ZONING BOARD RESOLUTION NO, ZO 44-75, GRANTING A ONE YEAR EXTENSION OF THE VARI- ANCE GRANTED ON THE PROPERTY AT 151 N,E, 52ND STREET H3Y ZONING BOARD RESOLUTION NO, ZB 34-74 OCU.1ENT4NDEX CONTINUED Cb ON R-75.,792 R--75- 794 R-75-795 R-75-796 R-75-797 R-75-798 R-75-799 R-75-800 R-75-801 R-75-802 R-75-805 R-75..806 'ItETR1EVAL ear 75=792 75 794 75-795 75-796 75-797 75-798 75-799 75-800 75-801 75-802 75-805 75-806 NO. l OMEN, IDENTIFICATION 26 27 28 29 30 31 32 33 34 35 36 CUMENIINDEX CONTINUED AAAiN1um CDMM�ISSI'ON ACTIN GRANTING A ONE YEAR EXTENSION Or THE VARI= ANCE GRANTED ON THE PROPERTY AT 151 N.E. 52ND STREET BY ZONING BOARD RESOLUTION N0. ZB 35.74 GRANTING A ONE YEAR EXTENSION OF THE VARIANCE GRANTED ON THE PROPERTY AT 151 N.E. 52ND STREET BY ZONING BOARD RESOLUTION NO. ZB 36- 74 DIRECTING THE CITY ATTORNEY TO PREPARE AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT TO AMEND SECTION 60 OF THE CHARTER OF THE CITY OF MIAMI. APPOINTING THREE (3) MEMBERS TO THE BOARD OF TRUSTEES OF THE PUBLIC LIBRARIES AND PUBLIC LIBRARY SYSTEM, PROVIDING FOR A THREE YEAR TERM COMMENCING SEPTEMBER 5, 1975. ACCEPTING THE COMPLETED WORK PERFORMED BY OVIDIO P. RODRIQUEZ, JR. AT A TOTAL COST OF $7,894.00 APPOINTING WILLIAM M. WOLFARTH TO A FOUR YEAR TERM AS BOARD MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI SETTING SEPTEMBER 25, 1975 AT 2:00 O'CLOCK P.M. IN THE MEETING ROOM OF THE MIAMI CITY COMMISSION, FOR A PUBLIC HEARING UPON APPLI- CATIONS FOR CERTIFICATES OF PUBLIC CONVEN- IENCE AND NECESSITY. APPOINTING MR. MORT SCHWARTZ TO THE COMMITTEE ,ON ECOLOGY AND BEAUTIFICATION OF THE CITY OF MIAMI. AUTHORIZING THE CITY ATTORNEY TO UNCONDITION ALLY FOREGO AND FORBEAR COURT ACTION UPON ANY TORT CLAIM BY THE CITY AGAINST THIRD PARTIES WHERE THE AMOUNT IN DISPUTE DOES NOT EXCEED $100.00. STRONGLY URGING THE BOARD OF COUNTY COMMIS- SIONERS OF METROPOLITAN DADE COUNTY TO CREATE SPECIAL TAXING DISTRICTS FOR THE SPE- CIFIC SERVICES WHICH DIRECTLY BENEFIT PRO- PERTY IN UNINFORPORATED AREAS. AMENDING RESOLUTION NO, 75-638 AUTHORIZING THE CITY MANAGER TO APPLY TO THE DEPARTMENT OF JUSTICE LAW ENFORCEMENT ASSISTANCE ADMINI STRATTON FOR A GRANT TO DEFRAY THE COST OF A, S,T,O,P, ROBBERY/BURGULARY PROJECT, 37 STRONGLY URGING THE PUBLIC SERVICE COMMIS- SION OF THE STATE OF FLORIDA TO REFUSE TO GRANT ANY INCREASE IN TELEPHONE RATES TO SOUTHERN BELL TELEPHONE COMPANY WITHOUT JUS- TIFICATION, R-75-807 R75-808 R-75-815 R-75-816 R-75-817 R-75-819 R-75-821 R-75-822 R-75-826 R-75-827 R-75-828 R-75-829 75-807 75.808 75-815 75-816 75-817 75-819 75-821 75-822 75-826 75-827 75-828 75.-829: DOCU ENT NDEX CONTINUED amommiwaymisw ."1' NO DOCUMNT IDENti r COI ON O MUM&ETR AVM, CT/ON 015LN6;_ 3 39 40 41 42 43 URGING THE SMALL BUSINESS ADMINISTRATION OF THE UNITED STATES TO ASSIST LOBSTER FISHERMEN' RESIDING IN THE MIAMI AREA, BY MAKING LOANS TC THESE FISHERMEN STRONGLY URGING THE GOVERNOR OF THE STATE Or FLORIDA TO MAKE EVERY EFFORT TO DISCOVER SOME MEANS BY WHICH RELIEF CAN BE GIVEN TO THE UNOFRTUNATE LOBSTER FISHERMEN IN THE MIAMI ARE WHO HAVE BEEN SEVERLY HURT FINAN- CIALLY BECAUSE OF THE ACTION OF THE BAHAMIAN GOVERNMENT APPROVING THE EMPLOYMENT UPON SPECIFIED TERMS AND CONDITIONS OF HASKINS & SELLS, CERTIFIED PUBLIC ACCOUNTANTS, FOR THE BOARD OF TRUSTEES OF THE CITY OF MIAMI EMPLOYEES' RETIREMENT SYSTEM. AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE ACQUISITION OF THE RIVERSIDE BAPTIST CHURCH PROPERTY MAKING PROVISIONS FOR HOLDING A NON-PATISAN PRIMARY ELECTION FOR THE NOMINATION OF CANDI- DATES FOR THE OFFICES OF MAYOR AND TWO COM- MISSIONERS CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A STATE GRANT APPLICATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS . R-75-.830 R-75-831 R-75-832 R-75-833 R-75-834 R-75-835 75.830 75-831 75-832