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HomeMy WebLinkAboutCC 1974-07-25 MinutesMIAMI CITY OM ISSION Or INUTES OF MEETING HELD ON JULY 25, 1974 VOLUME I PREPARED BY THE OFFICE OITY THEALLCITY CLERK C H. D. SOUTHERN CITY CLERK RALPH G. QNGIE ASSISTANT CITY CLERK;, INDEX MINUTES OF REGULAR (MEETING CITY COMMISSION OE MIAAMI, FLORIDA ITEM NO. SUBJECT 2. 3. 4. 5. V. 7. 8. 9. - 10. 14.• 15. 16. 17. younime ORDINANCE OR RESOLUTION NO. PACE NO CONDOLENCES TO THE FAMILY OF THE LATE JOHN B. ORR, MAYOR OF DA1DE COUNTY AND STATEMENTS BY THE MAYOR AND COMMISSIONERS WAIVE READING OF MINIPES PUBLIC HEARING: ACTION TO BE TAKEN REGARDING EXTENSION OF COCONUT GROVE INTERIM ZONING DISTRICT AND CONSIDERATION OF BUILDING AND DEVELOPMENT CONTROLS RECEIVE SEALED BIDS - S.W. 22 STREET HIGHWAY IMPROVEMENT H-4369 CONTINUATION OF PUBLIC HEARING -COCONUT GROVE INTERIM ZONING DISTRICT AND•CONTROLS VARIANCE - LOT 17 & 18 BLOCK 3, COMMERCIAL BILTMORE AMENDED - DISCUSSION AND DEFERRAL REQUEST FOR CHANGE OF ZONING CLASSIFICATION - LOTS 1 & 2 BLOCK ONE, SILVER BLUFF BUSINESS CENTER; DEFERRED ITEM CONSIDERATION OF EXTENSION OF WAIVER OF DEVELOPMENT OF OFF-STREET PARKING SPACES S.E. CORNER OF N.W. 5 AVE. AND 34 STREET CHANGE ZONING CLASSIFICATION LOTS 5 THRU 12, BLOCK 1, FLORAL PARK FIRST AMD. REQUEST FOR CHANGE OF ZONING CLASSIFICATION - LOT 57, BISCAYNE HEIGHTS GRIFFING SUB - DENIED BY MOTION EXTEND CONDITIONAL USE INTERIM PARKING LOT S.N. CORNER OF S.E. 4 STREET AND, 2ND AVENUE TEMPORARY DEFERRAL AGENDA ITEM 10 - APPLICANT DID NOT APPEAR. PRESENTATION REGARDING DEVELOPMENT OF THE FLAGLER BANK CENTRAL SHOPPING PLAYA RESOLUTION OF CONDOLENCES TO THE FAMILY OF THE LATE ABE GOLDMAN RESOLUTION OF CONDOLENCES TO THE FAMILY OF THE LATE PAUL ANDREW STOLES PRESENTATION OF RETIREMENT PLAQUE TO JAMES Low - ' SANITATION DEPARTMENT RESOLUTION URGING INCLUSION OF ADDITIONAL ZONING MATTER AT A MEETING TO BE HELD AUGUST 9, BY THE ZONING BOARD. M 74-619 Also: R 74-684 R 74-621 See: R 74-682 R 74-623 FIRST READING M 74-624 R 74-625 M 74-626 R.74-627 R 74-628 M 74-629 .1 -3 3 3-15 15-16 16-31 31-40 40-42 42-43 43-53 54-57 57-58 58 58-60 60 61 61 61-6 • ITEM NO MEI MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ORDINANCE OR SUBJECT RESOLUTION No. PAGE NO 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. — 32. 33. PRESENTATION OF AWARD TO CHIEF HICKMAN, FIRE DEPARTMENT 62 WYNDMOOD AREA DAY CARE CENTER - DISCUSSION AND PLEDGE OF FUNDS R 74-630 63-75 APPOINTING VICTOR R. ILDEFONSO TO UNITED PUERTO RICANS INC. R.74-631 75 PERSONAL APPEARANCE OF ROBERT COCHRAN, REP. DONNELLY ADVERTISING CO. REGARDING SIGNS - LITIGATION - DISCUSSION ONLY 76-81 PERSONAL APPEARANCE - REPRESENTATIVES OF MERRILL STEVENS TO DISCUSS LEASE. M 74-632 82-85 SELECTION OF ORANGE BOWL CONSULTANTS - PRESENTATION OF SEVERAL°CONSULTING FIRMS M 74-633 86-102 VOLUME II REPRESENTATIVE OF MIAMI BOARD OF REALTORS TO DISCUSS 1974 REALESTATE ASSESSMENTS AHD MILLAGE RATES CHANGE ZONING CLASSIFICATION - LOTS 19, 20, 21 BLOCK "A", FLAGLER MARY BRICKELL DISCUSSION 103-10 FIRST READING 108-11 PERSONAL APPEARANCE - COMMISSIONER MIKE CALHDIN TO REQUEST PUBLIC HEARING ON PROPOSED LAND SWAP, RELOCATION OF BISCAYNE BOULEVARD DISCUSSION 110-1 PERSONAL APPEARANCE OF MR. ART GREEN REGARD - DISCUSSION 15-1 ING POLICE SERVICE PERSONAL APPEARANCE - MRS. ADELE KANTER REGARDING THE REMOVAL OF STOP SIGNS ON ALAT.KA STREET DISCUSSION ' 16-1 SELECTION OF CONSULTANTS - COMPREHENSIVE MASTER PLAN M 74-634 24 -1 AMEND ORD. 8234 - PLANNING ADVISORY BOARD TO HOLD HEARINGS ON DEVELOPMENTS OF REGIONAL IMPACT. ORD. 8290 '25 AMEND ORD. 8234 - FEES TO BE CHARGED FOR HEARINGS REQUIRED BY FLORIDA STATUTE SECTION 380.06 POOR DEVELOPMENTS OF REGIONAL IMPACT ORD. 8291 25- AMEND RETIREMENT SYSTEM ORDINANCE - DELETE APRIL 1, 1974 ON MILITARY PAYBACK ORD. 8292 '26 ORDINANCE MAKING APPROPRIATIONS FOR OFF - STRUT PARKING OCT. 1, 1974 TO SEPT. 30, 1975 ORD. 8293 '26 4, • MEI MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NC. PAGE NO PERSONAL APPEARANCE - PAUL RYAN REQUESTING COMMISSION TO DIRECT PLANNING & ZONING BOARDS TO PROCESS APPEAL OF KINGDOM HALL, 241 N.W. 54 STREET, LOTS 20,21, 22 BLOCK 4 RAILROAD SHOPS INTERSCHOOL TRACT PERSONAL APPEARANCE OF REPRESENTATIVE OF LONGSHOREMAN'S UNION REGARDING PROPOSED LAND SWAP OF F.E.C. PROPERTIES,,ETC. LIMITED GAS FRANCHISE - CITY GAS COMPANY OF FLORIDA EMERGENCY ORDINANCE - ISSUE TO . BE PRESENTED TO VOTERS ON FALL ELECTION BALLOT PERSONAL APPEARANCE MRS. EDNA LYLE REGARDING PLANET OCEAN AND DEED OF LAND ON VIRGINIA KEY PERSONAL APPEARANCE - LEONARD BATZ REQUESTING CHANGE OF NAME OF THE MELREESE GOLF COURSE RATIFY & CONFIRMING ACTION OF CITY MANAGER - APPLICATION FOR FEDERAL REIMBURSABLE GRANT: EAST & WEST PINEMOUNT SANITARY SEWERS ORDERING RESOLUTION - FASHION HIGHWAY IMPROVEMENT H-4381 ORDERING RESOLUTION - GARDEN HIGHWAY IMPROVE- MENT H4374 GARDEN SANITARY SEWER IMPROVEMENT SR-5385-C AND SR-5385-5 ALLOCATE $18.000 FROM ACCOUNT ENTITLED POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND FUND FOR INTERIOR DESIGN SERVICES SY PANCOAST ARCHITECTS.' DUPLICATE TAX SALE CERTIFICATE - N.J. FINCKE APPLICATION FOR GRANT -BOAT DDIST-CURTIS PARK ACCEPT COMPLETED WORK - ORANGE BOWL SPIRAL RAP DECK REPLACEMENT - PHASE III RESOLUTION DENYING CERTAIN CLAIMS AND , �F INSTRUCTING CITY ATTORNEY TO DEFEND ANY SUITS PROVIDE FOR SALE OF $6.500,000 POLICE HEAD- QUARTERS AND CRIME PREVENTION FACILITIES BONDS AND $5,000.000 SANITARY SEWER BONDS OF TBE CITY OF MIAMI. FLORIDA ORDINANCE AUTHORIZING ISSUANCE OF $225,000.00 ORANGE BOWL WAREHOUSE REVENUE BONDS, SERIES 1974 OF THE CITY OF MIAMI, FLORIDA R 74-635 DISCUSSION ORD. '8294 DISCUSSION M 74-636 R 74-637 R 74-638 R 74-639 R 74-640 R 74-642 R 74-643 R 74-644 R 74-645 R 74-646 DISCUSSION ORD. 8295 127 127-13C 13143= 134-13 138-14 149 149-15 150 150-1 151 151-1 152 1.52-1 153 153- 154 • w 50. 51. 52. 53. 54. 55. 56. 57. - 58. ITEM NO, 59. 60. 61. 62. 63. 64. 65. 66. SUBJECT INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI.. FLORIDA CLAIM SETTLEMENT - KENNETH S. COOPER ORDINANCE OR RESOLUTION NO. PAGE NO WAIVE RENTAL FEE - BAYFRONT PARK AUDITORIUM SEPT. 1 and 2, 1974, MUSCULAR DYSTROPHY ASSOCIATIONS OF AMERICA, INC. FOR PERFORMANCE OF JERRY LEWIS LABOR DAY MUSCULAR ,DYSTROPHY TELETHON QUIT CLAIM DEED CITY 20 STREET PROPERTY WEST OF 12 AVENUE FOR CONSTRUCTION OF A SOLID WASTE TRANSFER STATION ACCEPT COMPLETED WORK - LUMMUS PARK SHUFFLE- BOARD COURTS AND RECREATION BUILDING IMPROVE- MENTS - 1973 APPOINT MEMBERS TO COMMITTEES: LAND OWNERS & BUILDERS, ARCHITECTS & PROFESSIONAL PLANNE GOVERNMENT COMMITTEE, CONSUMERS & USERS COMMITTEE AWARD BID - SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-S AWARD BID - 14-3 WHEELED UTILITY TRUCKS FOR DEPARTMENT OF POLICE AWARD BID - OWNER -LANDLORD -TENANT LIABILITY INSURANCE FOR MISCELLANEOUS LOCATIONS THROUG OUT THE CITY FOR 3 YEAR PERIOD AWARD BID - LEGION PARK COMMUNITY BUILDING ALTERATIONS AWARD BID - NORTH 71 STREET DRAINAGE PROJECT AWARD BID - S.W. 22 STREET HIGHWAY IMPROVE- MENT H-4369 2 PROJECTS - 2 CONTRACTORS AMEND ORDINANCE 8190 FOR ADDITIONAL APPROP- RIATION FOR ORANGE BOWL FUND BALANCE TO PRO- VIDE FOR PURCHASE OR PLUMBING FIXTURES AWARD BID - ORANGE BOWL STADIUM PURCHASE OF PLUMBING FIXTURES FOR RESTROOM REMODELING AND ADDITIONS ENTER INTO AGREEMENT FOR ORANGE BOWL STADIUM CROWD CONTROL SERVICES APPOINT MEMBERS TO CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION SURPLUS EQUIPMENT FOR SANTO DOMINGO PROFESSIONAL ASSISTAICE ON PENSION ISSUES R 74-647 R 74-648 R 74-649 R 74-650 • R 74-651 R 74-652 R 74-653 R 74-654 R 74-655 R 74-656 R 74-657-A R 74-657-8 ORD. 8296 R 74-658 R 74-659 R 74-660 M 74-661 M 74-662 157 158 158 159 159-1 160 160-1 162-1 163 163 164 165 INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO. SUBJECT ORDINANCE OR RESOLUTION NO, 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. - 82. COCONUT GROVE MARINA INC., PROPERTY STATUS PURCHASE OF IMPROVED DECORATIONS FOR DOWN- TOWN MIAMI DURING THE CHRISTMAS HOLIDAY SEASON AND ALLOCATING $10,000 WAIVE RENTAL FEE - MARINE STADIUM JULY 23, 1974 FOR CONCERT BY MIAMI CHAMBER OF COM- MERCE, ETC., AUTHORIZE MANAGER TO WAIVE FOR REMAINDER OF SERIES, ETC. ACCEPT COVENANT - AMERICAN BANKERS LIFE ASSURANCE COMPANY CHANGE DATE OF HEARING ON APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NEC- ESSITY TO MIAMI MINI ALIADOS TO SEPTEMBER 20, 1974. ALLOCATE $18, 500 CO L F T co s T.5 c i T }/ vs, c.ocoNuT���P�R M��SNINc. ALLOCATE $25,750 FROM 1972 PARK AND RECREAT- IONAL FACILITIES BOND FUNDS TO PAY MOVING EXPENSES OF COCONUT GROVE MARINE PROPERTIES, INC.; CIVIL ACTION CASE. EMPLOY DR. ERNEST BARTLEY FOR PROPOSED CHANGES OF THE COMPREHENSIVE ZONING ORDINANCE NOT TO EXCEED TEN WORKING DAYS AUTHORIZE CONTRACT WITH FLORIDA INTERNATIONAL UNIVERSITY MECHANICS OF MANAGEMENT PROGRAM FOR SEVENTY FIVE POLICE PERSONNEL AMEND SCOPE OF SERVICES - BOOZ, ALLEN AND HAMILTON CITY MANAGEMENT ANALYSTS CONFIRM ACTION OF CITY MANAGER IN ENTERING INTO AGREEMENT BY AND BETWEEN MANPOWER PLAN- NING COUNCIL FOR DADE AND MONNOE COUNTIES MIAMI RECREATION SUPPORT PROGRAM AWARD BID - KITCHEN EQUIPMENT FOR 3 DAY CARE CENTERS AWARD BID - PLAYGROUND EQUIPMENT - DAY CARE CENTERS AWARD BID - BINDERS FOR POLICE EXPANSION PROGRAM AWARD BID - LOG RECORDER AND RECORDING TAPE FOR COMMUNICATIONS DEPARTMENT AWARD BID - 150' ELEVATING PLATFORM FOR FIRE DEPARTMENT M 74-663 R 74-664 R 74-665 R 74-666 R 74-667 R 74-668 R 74-669 R 74-670 R 74-671 R 74-672 R 74-673 R 74-674 R 74-675 R 74-676 R 74-677 R 74-678 PAGE NO 165-167 167 167-16 168 169 169-17' 170 171 ,172 3.72 173 173 174 174 75 1 75 • I MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO, 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. AWARD BID - TELEPHONE HEADSETS & RADIO SCRAMBLING SYSTEM COMMUNICATIONS MONITOR AWARD BID - KENNEDY PARK COMFORT STATION_1974 AWARD BID - ONE MOBILE COMMUNICATIONS VEHICLE RESOLUTION PROVIDING NO BUILDING PERMITS FOR NEW CONSTRUCTION BE ISSUED WITHOUT PRIOR APPROVAL OF THE CITY COMMISSION IN THE AREA ENCOMPASSED BY THE COCONUT GROVE PLANNING STUDY MAKING CERTAIN EXCEPTIONS, ETC. URGE OFF-STREET PARKING BOARD TO STUDY PARK- ING PROBLEMS IN THE AREA KNOWN AS DECORATORS ROW AND TO RECOMMEND TO THE COMMISSION WITHIN NINETY DAYS EXPRESSING CONDOLENCES AND SYMPATHY TO THE FAMILY OF THE LATE JOHN B. ORR, MAYOR OF DADE COUNTY AUTHORIZE CITY MANAGER TO INVENTORY SURPLUS EQUIPMENT (OBSOLETE) TO TRANSFER TO CITY OF BOGATA COLUMBIA AND CITY OF SANTO DOMINGO AUTHORIZE EXPENDITURE OF $1,100 FOR ATTEND- ANCE OF TWO MEMBERS OF BOXING BOARD TO ATTENI WORLD BOXING ASSOCIATIOII CONVENTION R 74-679 R 74-680 R 74-681 R 74-682 R 74-683 R 74-684 R 74-685 R 74-686 APPOINT J.L. PLUMMER AS CITY REPRESENTATIVE TO THE PEOPLE TO PEOPLE SISTER CITY PROGRAM R 74-687 EXPRESSING GRATITUDE TO MEMBERS OF THE PEOPLE TO PEOPLE COMMITTEE R 74--688 REQUESTING CITY MANAGER TO INFORM PUBLIC THE SUBSTANCE OF THE PROPOSED CHARTER AMENDMENTS INCLUDING THE COST OF IMPLEMENTING EACH ONE R 74-689 ADVERTISE FOR BIDS PROPOSED DOWNTOWN POLICE HEADQUARTERS BUILDING ALLOCATE $77,500 AND PAY TO JOHN WATSON III, ATTORNEY FOR COCONUT GROVE MARINE PROPERTIES, INC., CIVIL ACTION NUMBER 73-15433 LATIN COMMUNITY STUDY AUTHORIZE CITY MANAGER TO NEGOTIATE WITH RAUL ALVAREZ FOR ARCHITECTURAL SERVICES IN CONNECTION WITH DEVELOPMENT OF SMALL LOTS IN LITTLE HAVANA AREA OF THE CITY DISCUSSION ITEM - ZONING BOARD R 74-690 R 74-691 DISCUSSION M 74-692 DISCUSSION PAGE NO, 176 176 177 177 178 178 179 179 180 180 181 181 182 1 82-1 184-1 185-1 • INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA INTERAMA DISCUSSION ADVERTISE FOR BIDS -► PARTS FOR ASSEMBLY OF "LIGHT TRUCK" FOR THE FIRE DEPARTMENT L.E.E.A. EXPANDING PROGRAM (HISPANIC) MISCELLANEOUS DISCUSSION ITEMS: (a) Barge in San Antonio (b) Centro Mater (Barricades) (c) Letter from Hector Moreno (d) City Manager's Vacation ORDINANCE OR RESOLUTION NO. DISCUSSION M 74-693 DISCUSSION PAGE NO. 186-188 188 189 190 190-191- 191 191 ADJOURNMENT • MINUTES OF REGULAR MEETING OF THE CITY COMMXSSION OF MIAMI, FLORIDA On the 25th day of July, 1974 the City Commission of Miami, Florida met at its regular meeting place in said city in regular session. The meeting was called to order at 9:00 O'Clock A.M. by Mayor Maurice A. Ferre. On roll call, the following members of the Commission were found to be present: Commissioner Rose Gordon Commissioner J.L. Plummer Commissioner T. Rev. Gibson Vice -Mayor Manolo Reboso Mayor Maurice A. Ferre • An invocation was delivered by Re"►erend Gibson who then led those present in an invocation to 1:he flag. 1, CONDOLENCES TO THE FAMILY OF THE LATE JOHN B, ORR, MAYOR OF ggEcoupttjf AND gATEIENT5. BY THE MAYOR AND COMMISSIONERS Mayor Ferre: Ladies and gentlemen before we get into our 9:00 O'clock agenda, our deliberations this morning, I think it would be very appropriate on the record for each of us to perhaps say a few words about Jack Orr. I would like to pro- pose that we officially declare one week of mourning in the City of Miami - Jack Orr was the Mayor of Metro but he was a citizen of the City of Miami and he was a public servant in the best sense of that word. I think it would be appropriate for us to have one week of mourning following what Metro has established. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-619 A MOTION DECLARING A ONE WEEK MOURNING PERIOD IN THE CITY OF MIAMI FOR THE LATE JOHN H. ORR. Upon being seconded by Reverend Gibson the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: Jack Orr is a loss to this community and he was a personal loss to me because he was my personal friend, he and I had many moments of friendship. I learned a great deal with Jack Orr. He was a dedicated, knowledgeable and intelligent public servant. You know for those of us who believe in God and believe in the hereafter, and I do, I know that Jack is conscious of,what is going on, what is happening although he is no longer with us physically. Sometimes God has ways, Father, excuse me for encroaching in your area, but I really feel this. Reverend Gibson: I'm glad to know that more than Theodore Gibson knows him. 1 JUL 2 51974 • Mayor Ferrel I wanted to express this publically today Jack Orr left before his time; he could have served this comma munity and mankind for many many more years. I hope nobody thinks I'm over dramatizing this, when Jack Kennedy died there was a certain feeling i- it wasn't for what he had accomplished, it wasn't for what Kennedy did because he really didn't get to do that ntuch and it isn't what Jack Orr did because in the two years that he served as Mayor of Metro there has been a lot accomplished but that's not what I think is important. There has been a lot accomplished in the last two years but I think what I'm moved by is the idealism and the pace that Jack Orr, the aura of idealism and dedication that Jack Orr left as a legacy and therefore, even though his stewardship was a short one I think his dreams will live on because I think men can only progress if they have people leaders with ideals. I'm not being biblical, not only by bread alone does man live, you can not progress in difficult problems and difficult times without a spirit and I think we will see the day when we will have begun and probably make great headway in solving the greatest problem that Miami has, that Metro has, that Dade County has, and that is housing. I think it will happen be- cause of the pace that Jack Orr established and a lot of hard work. But without both you can't progress. And I would say the same thing is true of this cultural center, this fine arts museum that Jack cirr worked so hard atland it meant so much to. It won't be our decision but I would like to respectfully, and I'm not going to do it in the form of a motion, but I do want to do it on the record because it is obviously too early to be doing these type of things but I hope that the Metro Commission would seriously consider once it is a reality to name the fine arts museum which I know we'll have in our community in the next two or three years after Jack Orr. I can't think of a better title for a fine arts center than John B. Orr Fine Arts Center because that is exactly what Jack Orr was. He was a quality guy and if you have to describe him it was fine arts all the way through. He was a very noble man and I hate to see him go but he has left us a great example and an ideal and I'm sure that we as a community will long remember the ideal and the symbol of John B. Orr. Mr. Plummer: Maurice, let me just merely state that I concur with your words to the T. Just briefly, I would like to say as a Commissioner that really splitting it into two ways: (1) Jack Orr was a friend - and that he was. There was a re- port between myself and Jack Orr that went deep. Secondly, Jack Orr as the Mayor of Dade County: I think Jack Orr was the first, as long as I've been around, who took the time to realize the needs of the cities and the needs of the County, the needs of south Florida. I'll tell you many times I had the opportunity to sit upstairs and discuss those problems, those needs and he was a man that was honest, sincere and straight forward and I always appreciated those fine qualities for a man that was willing to take the time to realize and want to do something about the needs of others and that is the quality that I will long remember in Jack Orr. Mrs. Gordon: I think you have both covered many of his qualities very well. I think Jack Orr left a void in this community because Jack Orr was a fighter for the things he believed in and he was totally dedicated to the needs of people. I admire" him for this. I may not have known him personally as well as my fellow Commissioners but I knew him as a public servant and indeed he did an excellent job in caring about people. I think he was a man of great integrity and I think that he set an example for many people to follow and I'm sure he will be very missed in this community. 2 Vit e-.Mayor eboao: Mr. Mayor, for me it was a great privilege to be a friend of Jack Orr. t knew the man, I can't think of anybody that knew the problems, the ethnic problems that this coinunity has better than Jack Orr did. I think that he is a great loss to this community because he was a man and he was a great leader. I think it is going to be very very difficult to fill the vacancy that he is leaving in this world. Reverend Gibson: Mr. Mayor and members of the Commission, Jack has simply moved from one stage of life to another for me. I think perhaps more than anyone public official in this commun- ity Theodore Gibson owes Jack Orr far more than words can say. I think that this community ought to know for those of us who may not have been here very long but for those of us who have been here a good while we all know it and I would just simply remind you, those of you who have not been here too long; I would like to tell you that Jack Orr was the one public official that I believe, unequivocally, believed in the dignity of man and that Jack wanted it far more than perhaps any one or any other public official that this community which was his home town would belong to all of the people. He placed his entire future .on the line,.that concept and with that philos- ophy. I would have you to know that as I live daily Jack stands as an example of what it is like to be a man of courage, a man who wanted for other people the same thing as he wanted for himself. And while he has moved from this life to the larger life I think Jack will continue to live certainly in the hearts and minds of all of us. Mayor Ferre: I would like to have the Clerk, once these statements are printed, send to the family of John Orr and I think it would be appropriate to pass a formal resolution of condolence encompassing the thoughts that have been ex- pressed here of Jack Orr as a leader of men and as an ideal for us to remember, to emulate and to follow the example that he set for all of us of person and civic courage and dedicat- ion. Thereupon the foregoing motion was offered by Reverend Gibson, seconded by Mrs. Gordon and was adopted unanimously. NOTE: See Resolution no. 74-684 adopted later in the meeting. WAIVE READING OF MINUTES OF THE PREVIOUS CITY COMMISSION MEETING On motion of Reverend Gibson, seconded by Vice -Mayor Reboso, it was unanimously agreed to waive the reading of the minutes of the previous meeting. 3, PUBLIC NEARING - ACTION TO BE TAKEN REGARDING EXTENSION OF COCONUT GROVE INTERIM ZONING DISTRICT Mayor Ferre: Now on Item 3 we have a scheduled public hear- ing regarding the matter related to Coconut Grove (a) deter- mination of action to be taken regarding the extention of the Coconut Grove Interim Zoning Dip:-rict. Before we address (a) and (b) perhaps, Mr. Andrews, the te,ministration might want to address itself to your recommendations as to how we solve this problem. I think you know the sense of the Commission and I think you know the sense of the community even though 3 there is some division, Then I would like Jack Lloyd to address himself to the legal aspects of what alternate sol- utions we have to achieve what we want to do and then we will then, after that has all been put forward, listen to the Members of the public who want to speak on this item. I won't ask for hands now but apt that time I will see how many people wish to speak. Mr. Andrews: Mr. Mayor and Members of the Commission as a really practical solution to this matter the agenda, I think outlines a desirable approach to keeping in tact all of the provisions that we hope to accomplish in an interim period until such time as the planning study for Coconut Grove is finally accomplished. The first step would b3 to extend the Coconut Grove Interim Zoning District and then if we can legally achieve a method of issuing building permits those properties that would construct or reconstruct within that area, to do,so within the controls, reasonable controls established for the Coconut Grove area as provided in the Planning Study. Mr. Mayor and Members of the Commission it is really that simple if we can keep it that simple and it can be legally achieved. Mr. Plummer: Paul, let me ask one question from the beginning and it is really a question of George Acton. George, hearing the words of the Manager let me get one thing clear from the beginning and really for the record before people start talk- ing. Do I recall correctly that the Planning Study as such does not address itself in any way to R-1 or R-2? Is that correct? Mr. Acton: No, that is incorrect. We address all of the zoning districts within Coconut Grove. Mr. Plummer: Are there even contemplated changes in R-1? Mr. Acton: I can give you an answer in about two minutes. Off hand I don't think so. Most of the R-1 is remaining.... Mr. Plummer: I think it is most important because people who are not going to be affected by the plan should not even' be concerned but they are because they don't know as I don't know. Now there is one man here this morning who spoke to me before who is involved,with a piece of realestate which is R-2; and if R-2 is addressed then he has a legitimate concern but if there is no contemplation changing any of the R-2 then I think that we should make that crystal clear so that there will be no concern on these people's part. Do you see what I'm trying to say in so many words? Right, elimiate that from any action of today. (INAUDIBLE) t Mr. Plummer: The most I can see really, is the broadening of the R-1. There is no less classification so how could you... Mr. Acton: Commissioner Plummer, there are two areas on the plan where the R-2 district has been rolled back to R-1. They occur in one little section of R-3. Mr. Plummer: I'm not addressing to R-3 at all because I'm sure your plan speaks heavily to that, I know it does. Mr. Acton; If you can, we can address then any questions in terms of address if somebody is concerned that we're rolling 4 JUL 21 5 197 • • their property back. � 1 pl6Mter: Let Me try it another way, George. First can, we establish for the record that no presently zoned R.-i property ie inVoly d? Mr. Acton: I would say in general your statement is correct. The only thing we can find on the map is one little piece of property that is presently owned by Little Mud where there will be a change of R-1. Mr. Plummer: Ok, so then ,for the purposes of discussion and action this morning can we eliminate totally the R-1 question from this discussion? Mr. Acton: Yes, that's correct. Mr. Plumper: Ane there will be no action or discussion really relating to R-1? Mr. Acton: Right. Mr. Plummer: Now, I don't think it is going to be as simple but let's try. R-2, youajsay there are two areas of concern addressed by the plan. Isstia t correct? Mr. Acton: Yes. Mr. Plummer: Now are they,; wall areas Mr. Acton: Yes, they are'Nery small areas. To simplify the matter Commissioner Plummer`, I think we can just delineate it on the map that we have. Mr. Plummer: So in other words George, what I'm getting at is that the people here this morning would know that anyone that owns an R-1 piece of property and wants to build even if this Commission put forth the same thing that is presently existing there would be no problem and with the exceptions of the two areas that you're going to delineate now, the R-2. That's what I'm trying to get at and I think we can pinpoint these problems and people 411 then have information and hopefully some of the concerns will be reduced. That's what I'm trying to accomplish George. Mr. Acton: I understand. We'll show you the two small areas designated on the map that there will be a roll back of R-2... Mr. Plummer: All right, the attorney is going to speak to the issue so let him go ahead and speak while you're mapping out that area. Mrs. Gordon: While everybody is waiting, may I read a letter to the Commissioners that I received. This is from Judge Dubin, Albert S. Dubin. It says: I wish to place myself squarely on record that my home at 2651 S. Miami Avenue is not a part of Coconut Grove and should not be included in the study of the Grove section that is contemplated by a master plan provision for Coconut Grove. My home is now and always has been in the City of Miami and if you would recall in the past there was a community between Miami and Coconut Grove known as Silver Bluff Which was absorbed by Miami and was also the City of Coconut Grove. Anything that could be done to eliminate our home from these procedinga would be appreciated. Signed Albert S. Dubin. 5 • This is not the Grove in any sense of what we term Grove and 1 would recomtaend that this portion be eliminated from Whatever action is taken today. Mr.. Plummer: Mr. Lloyd, why don't you go ahead and address your comments as it relates to the action of this Commission Which think the Mayor asked for. Mr. Lloyd: Mr. Mayor, members of the Comission Mayor Ferrer John, before you do that let me interrupt you. 13ecausa you know it is election time and we have people that come in and out of these meetings and l think following the tradition of the City of Miami we always introduced the can- didates so that those that are here can at least see the face of the man thatis running and I see at least one, two. I see Mr. Marlin, if you will stand, running for district 111. Isn't it? And Nicki Bear who's no stranger here. Everybody knows Nicki. For the State Senate, what district is that? District 40, Democrat. Mr. Marlin is also a Democrat. Are there any other candidates in our audience? Ok, Mr.Lloyd. Mr. Lloyd: Well first, of course, there is a proposal to extend the Coconut Grove Interim Zoning District. I don't believe any further dom4i=nt is needed on that one. Tht covers a fairly small portion of Coconut Grove and of course basically it provides that when the extention is made for the particular period that building permits will be issued only after public hearings before the Zoning Board and then the City Commission. Now with respect to the consideration of estabiishment.of building and development controls for the Coconut Grove study area as an interim measure until the conclusion of the public hearings on a planning study for Coconut Grove, in the event the Commission desires to provide that no building permits will be issued unless they are in consonance, or agree with the planning study for the area, there is suggested a method to handle that situation. The first thing for the Commission to do in the event the Commission decides that this is a prop- osition that you wish to favor would be to pass a resolution approving in principle the Planning Study for this area. Then we submit that an ordinance would be appropriate that would generally provide that when the Commission has approved such a comprehensive zoning plan in principle the Commission them may by resolution provide that until theeffective date of the zoning changes, making the plan finally effective, you may by resolution direct that building permits must be in line with the plan. Mayor Ferre: Let me just make this statement on that. This was an idea that I had at the last Commission meeting and I asked Mr. Lloyd to put this in legal language. I was troubled by one phase. I see Selma Alexander here and there are dif- ferent people of the Planning Board. The thing that bothers me about it is this. There were two things that bothered me. First, well, let's start with the premise. The premise is that we don't want somebody getting a building permit that is going to be contrary to what we're going to have hopefully in a few months, whatever that is. On the other hand, we have a plan- ning process and a process in which these things happen and what was bothering me about it last week, and John Lloyd gave me a solution to it, Paul. There was one thing that was miss- ing and that was that I don't thing that anybody but an elect- ed body can make these types of decisions and that Planning Departments or Planning Boards can recommend but they really cannot finalize something so what Lloyd has come up with which s 1 think is an interim, instead of putting a moratorium, what we're doing is we're freezing what the Planning Department and the Planning Board have recommended but it is by action of the City of Miami Commission that we're passing this on .an interim basis for a two or three month period on the premise that we will at a certain point have a full fledged public hearing which I'm sure is going to take 10 hours or 5 hours or whatever it is and then go into all of the premise and changes and I'm sure, and I want to make very sure as I see it anyway, that everybody understands that the final docu- ment may be different from what we would pass if this Commis- sion would see in its wisdom to pass it. What does this ac- complish? Well, it's not a moratorium because if you can fit within what has been planned then you can go ahead and build. So it is not a moratorium. On the other hand it does not permit someone to go in and put up a building contrary to what is probably going to be zoned there against the wishes of the Planning Department, Planning Board and probably the City of Miami Coamission. So it is kind of a middle ground which I hope might solve some of the problems even though obviously it won't solve all of the problems and it does not avoid... The only criticism is well then what do you need a jublic'hearing for if you're going to pass it now? We're only going to pass it on an interim type of a basis so that we end up in a way, it is a modified freezing or a moratorium, if you will but it's nct a complete moratorium. That way, I think it will permit flexibility. Mrs. Gordon: I think something you said Mayor needs to be clarified. You said "If it conforms it would not need to get a permission", but I think in an interim zone you must come beforelthe Commission with all plans. Am I right or wrong, Mr. Acton? Doevn't that require every application to come before the Commission if it's in the interim zoned area? Mr. Acton: Yes, that's correct Mrs. Gordon. Mrs. Gordon: Therefore, there are no exceptions or any decis- ion making by any other body except this Commission from every single application. The interim zoning idea is an idea that our department dreamed up about 2 years ago when we first de- cided that Coconut Grove and particularly the business area needed to have some kind of preservation and it was first termed a historical preservation area and with that in mind and trying to retain the character of the low-rise unique shops and such, the idea of an interim zone was developed. I think it is a good plan, I think it is an excellent way of not stopping construction but controlling it and therefore the Coconut Grove comprehensive plan is an enlargement of the orig- inal concept so I concur that the process is far superior to any moratorium approach to controlling zoning. Reverend Gibson: Let me make a statement. I would hope that all of us who live in this City would understand that we have problems, we live with them daily and that the best way to deal with problems is to deu1 with them with an understanding of give and take. Now is there anyone here, I would feel better, is there anyone here who contemplates building before we have this public hearing? I think that if we want to be good cit- izens we understand that we have problems and I think we ought to put it on the table and s's - I do. I don't think I want to harm a person needlessly, but by the same token I think tit that person shouldn't harm theentire community. Is there any- one hear who has a burning.... Let me make sure you understand. 7 Is it a matter of absolute necessity? Mr. Mayor, I would think that if a person, I see a man nodding his head and raising hits hand. He ought to tell us but that doesn't mean now we're going along with you. Mayor Ferre: Are there any other questions from the Commis- sion level? If not then we'll have Mr. Plummers Maurice, the only thing that bothers me, and I know that there are some who advocate even stronger control than the study. If you approve this and you say they comply with the present study it kind of precludes those people who wish to go even stronger. For example, an area zoned R-3. I'm sure because it has been expressed to me that in a certain area those people don't go along with the roll back from R-4 to R-3, they want R-2 and you preclude their input to it if you pass it... Mayor Perre: Oh no. We're going to have a public hearing and we're going to revise, we're going to go over this whole thing and it may end up being R-2. Mr. Plummer: No. What you're saying is that if their plans today for building comply with what has been proposed so far you preclude it going per because a person could go in and build an R-3. That is the only concern that I have. Other than that with what I had talked about before being excluded, I think your plan is a good one. I don't think we should address ourselves to any areas or any zoning that is not ad- dressed in the plan. I don't want to be a stumbling block i,n any ,way. I1rs. Gordon: JL, what you're saying is very valid and your concern is that where a more liberal use is recommended that people will come in and ask for that use before it is accepted, is that correct? Mr. Plummer: I reversed it Rose, not a more liberal use where it has been a roll back study by them but people contem- plate or want even more of a roll back. Mrs. Gordon: Well in either case rolling back or forward it is going to present us,' the Commissioners with the decision to do or not do at the time the application comes in. Mr. Plummer: Yes, but rolling forward would be immediately excluded under the Mayor's plan. There would be no rolling forward.... Mrs. Gordon: Well in either case everything will come before the Commission before it's enacted therefore, we have the con- trol. Mr. Plummer: Rose, here again the only thing I'm saying is I don't think any applications for R-1 should come before the Commission. As George has just said the plan does not address R-1 so why put those people under a burden of coming before this Commission and going through all of the things that have to be done when the plan itself does not address R-1? Now R-2, for those who might want, and my also edification, and the Commission, George has delineated only a small area here of R-2 which the plan speaks to. So with the exception of that small area I would like to see all of the R-2 and all of the R-1 excluded because there is no reason to exclude it if you understand what I'm saying. Why put a roadblock when 8 JUL 2 51974 there's not even one contemplated in the plan? That's what Y41 saying. Reverend Gibson: (INAUDIBLE) Mr. Acton: Mr. Mayor, t think for the record we'd better clarify the interim zoning district as it relates to the bound- aries of the Coconut Grove Planning Study. The map that is displayed before the Commission does show the boundaries of the Coconut Grove Study. The map underneath it shows the boundary lines of the existing Coconut Grove interim zoning district which is applied only to theCoconut Grove Business District. Now those controls in interim district require that any application for a building permit must go before the Plan- ning Board and the City Commission but there is no requirement contemplated that would bring all other developments before either board or the Commission. 1 just wanted to clarify that. Mr. Plummer: Under the Mayor's proposal it would be, that's why I spoke to the Mayor's proposal. Mr. Mayor, may I ask because I think we are almost even at a point of someone offer- ing a motion to that extent, and I think most of the people would be in favor of that.but I'm sure that there are thane here that are not and let's;here from thosd who are opposed to your proposal. I think that would be the best thing. Mayor Ferre: I think it is important that we, this is a public hearing, and if anyone wants, I think you get the sense of what we're trying to do here. Anybody who is an opponent, here is a resolution if you'd like to read it for a moment so you can see the direction we're taking here. Now Mr. Lloyd, go over this because I haven't read this and 1 want to make sure; sometimes you know we say things and they come out a little bit.... This is not, I don't want to set a precedent here that we are, after the P:.anning Department and the Planning Board comes up with something that freezes that area, this is an action of this Commission that does that. Do you fol- low me? Mr. Lloyd: There is no question about that. Mayor Ferre: All right. In other words, this is an action of this Commission. Mr. Lloyd: Yes, sir. Mayor Ferre: That's the difference between what we were talking about two weeks ago and today? Mr. Lloyd: Yes, sir. Mayor Ferre: And that's what this is, right? Mr. Lloyd: Yes, sir. We should go over it quite in depth before you take any action and to make certain that everybody understands it. Mayor Ferre: We'll read it but who wants to speak as an oppo- nent to this? Mr. Lloyd wants to speak against it, Mr. Dean, all right, why don't you come on up and those of you who want to speak against it. Now you understand that the interim zon- ing district goes way beyond the business section of Coconut Grove which is what was the interim before. This whold thing is going to become an interim zoning area. 9 Mr, Harris Turner, attorney, 25 W. Flagler Street: I'm not Sure at the present time whether I'm against it or for it. I have a unique problem in that my client is in an R-2 district. She has been trying to get a permit in an R-2 district since April 16th. She has been sewer banned and we finally got her around the sewer band, or an exception and now she was under the two week moratorium that you've imposed. If you agree with Mr. Plummer and exempt the R-1 and R-r2 areas froth this resolution then it wouldn't affect my client in any way. Mr. Plummer: Well that's what I was trying to do. Is your client, for example, in the area that is designated the R-2 around St. Hugh's Church? Mr. Turner: No. Mr. Plummer: Where is your client? Mr. Turner: On Mary Street, 315_ Mr. Plummer: George; it would have no bearing oh your client whatwoever. That's what I'm trying to avoid, Harrison, is to avoid the problems where they don't exist. Mr. Turner: What I want to know is if I leave here today and meet all the other requirements will I be able to get my permit? I've done everything except the final ok from Mr. Ferencik is where I stand right now. Mayor Ferre: Mr. Acton and Mr. Ferencik, this is important now because I don't want now, if we pass this for you to come back and say he can't build because he hasn't .had an environ- mental impact study for a 1300 Square Foot house. Mr. Ferencik: No, he can build... Mayor Ferre: If we pass this.... You'd better read this carefully now. Mayor Ferre: All right, who is next, Mr. Dean, Mr. Rice? Mr. James Dean: I would like to have some information on the procedure: because just as the gentleman before I'm con- fused myself. I think there have some inaccuracies as to what really has happened before the Planning Board, when these public hearings will be, what the action of the public hearings will be and at which times properties within these areas would be affected. I'm interested in if you do pass this interim period to what length of time does it extend, how long are certain properties frozen. Mayor Ferre: Let me understand that one, alright? We are going to have a public hearing on this whole plan. The public hearing is slated to be heard on September 19th, as I recall. Is that correct, Mr. Andrews? The 19th day of September. Mr. Dean: What resolutions will come before that public hearing? Mayor Ferre: Everything and anything that comes up before as a regular public hearing. Now, if for example, it is decided somebody was telling me that if you limit in the business district any construction to four floors why should it be one to one, why can't you permit higher density. There is 10 • going to be a whole bunch of people that are going to be for that. Now I'M sure there are going to be a lot of people Opposed to it. That is something we're going to have to dis- ouaa here. Mr. Dian: Hypothetically, I have a piece of property in a roil back zone. At the September 19th public hearing are you going to approve or disapprove that zoning roll back? That's the confusion. Are we going to accept the plan the 19th and then go through the process of rezoning? Mr. Plummer: No. Mr. Mayor, what he's saying and let me read between his lines, Jim and you tell me if I'm wrong. Mr.Mayor, what he's saying is that the history of this Commission is and rightfully or wrongfully, that there is no official action going to be taken on that day, that in fact that is going to be the first of many days. You have already stipulated in your time frame ten hours of hearings - that meeting starting at 5:00 O'clock in the afternoon, Mr. Mayor, and I'm not going to sit here until 4:00 O'clock in the morning. Now all I'm saying to you is, I think Jimmy is saying to you, is he going to have an answer on the 19th and in fairness, the answer is going to be no, Jimmy. That is what I think you're getting at, Is that correct? Mr. Dean: That is correct. Now when will we get an answer, what is the process? On the 19th, let's say you accept the plan. What is the next step of the Commission? Mayor Ferre: It all depends how many proponents and opponents and changes there are proposed. Now you know that this Commis- sion sometimes works slowly. I mean on that planning and rezon- ing restructuring it litterally took us a year and a half to do it and I was interim Mayor for a few months and we must have had four or five two or three hour sessions. Now I hope that this is not cp ing to take that long but I would guess, and this is just my guess that certainly sometime in October we should come to a conclusion on this. It would seem to me, I would hope, I disagree with Plummer, I would certainly hope, no, I agree with him. On the 19th we'll never do it but I would hope maybe that we might have some room on the 26th to take it up. Of course, that's budgets. It will be October... Mr. Dean: ... Do you, after you accept the plan then go back and have public hearings on each one of the roll backs that.. MayorFerre: Is that the way it is? Mr. Acton: Yes. Mr. Dean: Yes. Now we have to have a public hearing back before the Planning Board on each of the roll backs? Mr. Acton: That is correct, I beg your pardon, the Planning Advisory Board has heard and passed on the proposed C-2A dist- rict for the controls in the business area of Coconut Grove. They have not yet acted on all of the other recommended changes contained in the Coconut Grove Plan. Mr. Dean: So we go back and have public hearings on those areas other than the C-2 areas then that comes back to this Commission. Mr. Acton: That is right. Mr. Dean: And you have just said that the last time it took • a year and a half. There is a possibility that you're going to freeae some of My properties for some two or three years. Mayor perre: No, no. Mr. Dean: Ok, and I'm paying taxes based on an R+-4 classif-. icetibn. Mayor ?erre: You're absolutely right. Mr. Dean: I intend to do sctnething about it because you can't hold me for two years. That is unfair. It has hot been the precedent of this Commission to do that. Mayor Ferre: Jimmy look, let me tell you something and I hope my assistant is not going to mind my sharing, I have an assistant who dropped out of law school a year ago. He was up at Georgetown on a scholarship and this kid walked away from it. The other night, and this is apropos to this: We were talking about it and he said "I'm going to go back to law school this year", and I said "Why?" He said, "Because a year ago I decided that the hell with this due process, I'm just fed up with due process, That doesn't solve anything, we've got to cut through due process and we've got to find new solutions in this country." He's an idealistic kid and now he tells me, he said: "You know, as bad as it is there's nothing better so I'd better so I'd better go back there and get my law degree and become a lawyer and go through the due process." I think ... a 24 year old young man who has come to this and all I'm saying is - Look, I don't like due process any more than anybody else does but I really for the life of me cannot figure out a better system. Mr. Dean: I think the due process would be a return back to the present zoning. If you persist in an interim zoning which has the possibility of lasting a couple of years and I think that is totally unfair, Reverend Gibson. Just because I can't stand up and tell you today that I'm going to build a building on my property at a time when we're economically depressed in the construction industry, I can't figure that I won't do it one year from now. But if in one year from now I'm going to still be under this interim zoning... Reverend Gibson: But Mr. Dean isn't it also true that the' problems that face us today were not present yesterday. Isn't that true? Mr. Dean: Absolutely. Reverend Gibson: I want you to note very carefully what I said earlier that I would hope that all of us who live in this city would try to understand the problem and the plight that we're in, that we have problems, and that we want to try to adjust. Now I'm sure that one of the reasons that I raised the question was that if anybody had any, had a heart attack, if this was that kind of thing that we would want to address ourselves to it a pronto. What I'm saying to you, I'm not speaking for anybody but Theodore - Sir, I understand your anguish and your problem and your position but I also under- stand that we are not going to solve the problem by compound- ing the problem nor by turning our backs and saying you know let the Lord do it. We are the Lord's messengers in hands and I would like for us,.for you and me to join together and try to solve it. I know that is the spirit in which you're entering. I promise you, sir and this is the second promise 12 I've made up here in public. I promise you if you really have one of those things, you're about to have a heart attack, if you tell us we want to hear you and we want to try to do some- thing about it but please; we want to protect you and protect all of the others and a willingness to cooperate and to work with us would be greatly appreciated. Mr, Dean: I think we're all trying to work at the problem and I agree with you that there are problems within the Grove area and I think in reading the testimony of the public hearings, we still don't have even in this document the correct solutions. I'm not so sure that Mr. Plummer isn't correct in certain areas and we may have too much intensification and perhaps in others there may be some other problems. I would like to address one other item because after reading this resolution, it says you must meet the requirements of the comprehensive study and I raised this technical issue to you before. If you'd turn to pages 49 of your Planning Study it calls for environmental controls and it calls for historical controls. Commissioner Gordon had said earlier the whole reason for this study was the basis that we had a historic community and we want to pro- tect it. Most of these areas that are historic are in the R-1 area. I don't have, but suppose I had or someone comes to my office that has one of these houses in an R-1 area. How are they going to comply with this ordinance where it requires a review? Mayor Ferre: If he goes to get a permit in an area that is classified as historical what is the procedure he has to fol- low? Mr. Ferencik: We would have to evaluate his plan in terms of this study that you're going to adopt in principle. Mayor Ferre: Who makes that decision? Mr. Ferencik: We do. Mayor Ferre: That is done administratively. Mr. Ferencik: It is done administratively. Mayor Ferre: Look Jimmy, .... Mr. Dean: This is technical, I think this is a point which you'd better satisfy before you pass this resolution because I think it is a weakness in the resolution and it will get attacked in the courts. Mayor Ferre: I understand. Now let's address ourselves to it but I want to repeat to you that the premise that we're travel- ing on is that we have had an environmental study which has come to. some conclusions.. That by itself doesn't mean, it means something but it doesn't mean everything but then we took an- other step, We went to the Planning Board and the Planning Board adopted this. Now that is just one more step. Now we have two more steps to take and that is a full fledged public hearing before this Commission and then finally the Commission's vote on it. All we're really trying to do; we don't want to stop construction in the Grove area, we don't want to hurt the property owners; but on the other hand we don't want for some- body to put up a building based on the old zoning when we all realize that that is gone. So you see, this is kind of like a middle ground. Now getting back to your specific question 13 JUL 251974 as to, 1 think the answer you heard from Father Gibson. I think this is what is going to happen: (1) It its not going to take any two years. I would certainly hope.... Mr. Dean: Carl you promise me that? Mayor Perre: I cannot, but I'll promise you this. I'll pro- mise this as Mayor Of the City and I hope my fellow Commis- sioners will concur that we will call as many public hearings as we have to call to get this done within a reasonable time which I would say, aft4r we come back from our recess would certainly be within a two, two and a half month period. Now I promise you that much. Reverend Gibson: Mr. Mayor, I would go for this wholeheartedly because there are exigents in this age in which we live. I promise you sight unseen we will move with dispatch. That means everything it says, nobody is going to drag his or her feet and if they do you come back here like; there was a man, what was that man's name, that building that we just tore apart; he came in and he pointed at me and he said "Reverend, you promised me" and I said I've got to live up to my promise. I tell you whkt you do. I promise you we'll move with dispatch in knowing JL Plummer as I do, and Rose Gordon, they aren't going to let us rest one minute and the Mayor is making an open committment. So now with the presiding officer you could trust us because we are as anxious as you are. Mayor Ferret I'll go further. I think we should also make this committment that if anybody honestly feels that he has a hardship that we will listen to you without making you go through a four month process of going around. Ok? Reverend Gibson: Beautiful. Mrs. Gordon: A question to you, Jimmy. With regard to the position Mr. Plummer took on R-1, R-2, are you in concurrence or are you disagreeing with rim? 4r. Dean: I'm disagreeing with him because I just feel if this study is going to do what it says it is going to do i think that these environmental controls and these historic preservation areas are as much a part of the plan and prob- ably one of the reasons the plan started and I don't know of anybody who is going in and tearing any of these things down but it would seem to me that if I owned sc*me of those prop- erties and I knew that there was a possibility that there were going to be perhaps unknown controls on it I would re- consider before I were.. You know these things of historical controls are very difficult and you're eventually going to have to extend to these people some kind of enthusiasm per- haps in tax abatement to maintain a historic building. This has historically happened in other communities. Mayor Ferre: That's something that we ought to get into. Mrs. Gordon: Jimmy, excuse me. In San Antonio there is that kind of controls and that kind of working arrangement with the owners of the properties so that we might investigate other areas of the country, Mr. Mayor and find these places.. Mr. Dean: But they're not in this study and right now if you exempt the R-1 or the R-2 areas and I had that building or that tree or that historic indian mound I could go in and 14 tear it apart. 1 think if you're serious about this interim Zoning I'M willing to live with it. I just told you, if you promise me you'll do it rapidly I thin% it ought to be the whole Grove area. Mrs. Gordon: I agree with you all of the way. Reverend Gibson: Mr. Mayor, so that all of us can be together, it would be very nice, I would think it would be very nice if you would join and let your voice be heard so that as we get this together that you would give us the input, for instance what you just said ought to be an incentive or an inducement for people. I agree with you, so please don't leave us here all by ourselves. Join us. Mr. Dean: The Mayor hit a key word while ago. Ile said the archaid zoning, and we'do have archaic zoning. I think what you're working within this tool is a set of requirements barred on buildings which hasn't been updated to meet this ordinance and I recall to you the brand new flood criteria. We've got a twelve foot elevation now as a minimum floor elevation for structures along this flood plain. Most of the property is at five feet. What are we going to do, build a seven foot wall of sand out there in front of it and start building on top of it? There is no consideration in that plan about that. Mayor Ferre: Mr. Dean, one last thought that I want to leave you with and I want to share with you; Mitchell Wilson has to me one of the greatest descriptions of what democracy is all about. He says democracy is the art of compromising in detail without giving up principle. And that, I hope is wlat we're in the twiddle of doing. Thank you very much. Mr. Dean: Thank you for the opportunity to talk to you about it. I'll be here. Mayor Ferre: You'll be back, I know. Now ladies and gentlemen, with your permission it's 10:00 O'clock and by law we are required to take up bids which are on the 10:00 agenda but before we do that I want to introduce Mr. Alonso Menendez who is a candidate for the legislature. What district are you running in? Mr. Menendez: 113. Mayor Ferre: 113 as a Democrat. Are there any other candi- dates here now? 4, RECEIVE SEALED BIDS• S.W. 22 STREET HIG IMPROVEMENT }i -4369 At exactly 10:00 O'clock A.M. Eastern Daylight Saving Time, the Mayor announced the Commission was now ready to receive sealed bids for S.W. 22 Street Highway Improvement H-4369. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-621 A RESOLUTION TO RECEIVE, OPEN, READ AND 15 • REFER TO THE CITY MANAGER F'OR TABULATION AND REPORT BIDS AUTHORIZED TO BE RECEIVED THIS DATE POR CONSTRUCTION OF S.W. 22 STREET HIGHWAY IMPROVEMENT H-4369. 40111411.0.11111.01416 (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordo:: the resolution was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. DOES: None. BIDS WERE RECEIVED BY THE FOLLOWING:' STONE PAVING COMPANY G.T.F. CORP. L.C. MORRIS, INC. D.M.P. CORP. MARKS BROTHERS CO. HOLLAND PAVING CO., INC. 5, CONTINUATION OF PUBLIC NEARING - COCONUT GROVE INTERIM ZONING DISTRICT AND CONTROLS Mayor Ferro: At this time I would like to recognize Mr. Ed Branson who has served for many years as councilman in South Miami and is running for the State Legislature district 109. George Holland who is running for the Legislature in seat 105, running as a Republican and Mr. Branson is running as a Demo- crat. Ok, Mr. Rice. Mr. Jack Rice: First I want to address myself to the conver- sation the Commission had concerning the so-called interim stoppage of building permits unless it complies with the pro- posed study. The City has done that on previous occasions and I just want to bring to your attention that when the Commission doesn't issue any building permits the Planning and Zoning Board hasn't the right to issue the building per- mits or the building director hasn't the right to issue build- ing permits and the case is taken to the courts then the court decides if a building permit is to be issued. Now I know that is a long drawn out process but the City's track record on moratoriums has been very bad and I just want to bring that to your attention when you're issuing a building moratorium on these permits. Secondly, I have read the ordinance and I have read the resolution and both of them provide that you have approved in principle the study which is not the case. What you have done is said that the Planning Department has raised an issue as to the validity of the existing zoning and that therefore no building permits will be issued until this validity is tested. Mayor Ferre: John Lloyd, are you listening? Mr. Lloyd: I'm listening. Mr. Rice: Now I object right now, before you have any public hearing that you're going to approve in principle this report because why have the hearing in September. That goes both to 1/4 16 • the ordinance and it goes to both resolutions that were Ore. - pared. Secondly, 1 want to say I don't object to this study specifically. I only represent a few property owners located On Bayshore Drive who spent a lot of money and are paying for the assessment of that beautiful 4-lane road and who have ap- proved and are paying :Eor the sewage facilities, the new line built with general obligation funds and the water lines across the street from a governmental center and across the street from hauling yacht docks, what they're doing is absolutely a commercial venture - Merril Stephens, Santana, and you're telling my people they can't continue on as the zoning pres- ently exists. Now this has affected my clients in two areas. The first client I want to speak to you about has a piece of property on aviation and S. Bayshore Drive that was formerly tie Italian American Club and it was Mr: Pancoast's Office and that was, in fact it can't be used for anything but Commercial office. has been for years and you're going to turn that back to R-3. That place is presently being negotiated, I believe a lease which I'm not handling. This may affect this man's entitlement to funds if your area of moratorium applies to that piece of property because people don't want to lease something if they find out they can't make some kind of struc- tural change to it for the continued use of it. Now as you know, when you make structural changes to buildings, if you're zt non -conforming use you can't get the permit. Mr. Ferencik will tell you that. The second person I represent is the Bayshore Apartments which formerly was the Waverly Inn. They're presently renego- iating financing. If you put the area, by the way, none of these people to my knowledge and I've talked to all of them are presently contemplating building anything new there but if you put this thing on them it affects their financing proc- esses because people say, "Well gee, you're in a moratorium area. We can't develop it, there is some question as to your validity of your secured." and the third person I represent, third and fourth, is Mr. Joe Kolish and Dr. James Robertson who own that triangular piece surrounded by Mr. Treister's new construction which is about a 15 story building right next door to that piece of property and a commercial venture which is known as the Coconut Grove Bank. Now this area is set. The only thing we're ta,.lking about now that is restrict- ing them even on this area of study report is restricting them to 10 stories which I think, and we will show later on at your public hearing which is not a valid consideration, and a 30 foot setback when you just put a street in there and which my people went along with and now you're going to say you're going to have to put back 10 more feet from the street line. Now I ask the Commission as to just this part- icular area, by the way, it was taken out of all other interim zoning or moratoriums, the last time it came up, just speaking about that area on Bayshore Drive running from Mary Street to just north of Aviation and from Bayshore to Tigertail to be taken out of this interim area study. I seriously hope that you change those resolutions and ordinances to where you don't. Mayor Ferre: Let's speak to that point. Mr. Lloyd, you know now I'm getting back to where I was two weeks ago. You see the problem is that you're making the statement tht we're approving in principle and I can't help but recognize Mr. Rice's objection that if we haven't heard this don't you see, how then can we approve it in principle? I mean legally, I'm not a lawyer but it seems to me that it sounds, it's pretty weak to me. Now how can we get around that so that we strengthen it? How can we do this without saying that we're accepting it in principle? 17 JUL 2 51974 • • Mfr. Lloyd: You Mean you just want to pass an ordinance that just rays that no building permits will be issued in an area where the Planning board has issued this? This was contrary to what you wanted. Mayor Ferre: No, we can't do that. Mr. Lloyd: You see, you get into a worse tress that way. Mayor Ferre: That puts the power into the Planning Board and we're not about to do that. Mr. Lloyd: This is what you want to avoid. Mayor Ferre: Do you see what the problem is Jack? Look, it is two evils. Of the two evils I would rather have to live with this one than the other one. Mr. Rice: I think you could say it very easily that the study raises an issue as to the validity of zoning and then therefore until this issue is determined at a public hearing then the building permit will be issued. Mayor Ferre: Is that acceptable, Mr. 2,loyd? Mrs. Gordon: Well then in fact, Jack what you're saying is that it is a moratorium and not an interim zoning. Mr. Rice: Let's not kid ourselves. Even Jack Lloyd, when you can't build something under the existing zoning regulat- ions and you're throwing them out without any public hearing and you haven't followed the Charter there is some question about what you're doing, and secondly, it certainly is a build- ing moratorium if you want to build what you're authorized to build. Mayor Ferre: I can't argue with you de facto, it may not be, how do you say Mr. Lloyd: Mr. Mayor, if you wish me to address myself to that particular point I can do so. Mayor Ferre: Please. Mr. Lloyd: There is general law to the affect that the re- fusal or the revocation of building permits on the ground that a zoning ordinance is pending, which is the situation which we have here, even without the entrance of an interim zoning ordinance has been held proper in many cases where the legal pendency of a zoning ordinance is either established or assumed and we do have here the pendency of a zoning ordinance to be enacted or by this Commission, in the event the Commis- sion finally adopts and approves the Coconut Grove Master Plan. So there is general law to the affect that in this type of situation building permits may be refused. Now naturally on any particular instance where there is a court hearing no one can guarantee the ultimate result of any particular instance due to the particular facts involved and in each court case involving a particular zoning matter with a particular piece of property, the particular facts involved before the court and what the court finally basis its determination as to whether or not the decision of the legislative body was appropriate 4.n that instance. So the only thing that I can tell you is that this type of situation where building permits have been refused L 18 • on a particular basis where there is the pendency of a zoning ordinance; why such a refusal has been upheld. Mr. Rice: I might add one thing to Mr. Lloyd's statement. This is not a zoning ordinance before the Commission it is a reco mendation. Mr. Plummer: Mr. Mayor, let me ask this question. Jack, listen to this well now because maybe I am playing on words. You know the way this thing is going this morning we're just going to be here all mornirg and we're really not going to accomplish anything. At least most of the times 1 have the opportunity to please half and have half mad but this morning the way it is going I'm not going to make any friends I'm toing to make all enemies, not that that is the purpose of being mere. Mr. Mayor, the word moratorium has taken on the same connotation as other filthy and nasty words. Let me proffer this and maybe it will answer the problem and accom- plish what needs to be accomplished. A motion, Mr. Mayor, similar to: that in the area designated as the area of Coconut Grove Study that no building permits be issued with the exclusion of R-1 and that small area designated in the R-2 until a hearing is held before this Commission. Now what does that do? It does not deny anyone the right to a hearing. It does not stop them from applying for a permit but what it does do is if they are not in that area of R-1 or the small designated R-2 they will have to come before this Commission where the ball must stop somewhere, is here; for approval or deferrment or disapproval. I think, Mr. Mayor, this is the only way we're going to resolve this. We're not saying to a man, "Sir, you can't build" we're saying " If you want to build in this interim period you must come before this Commission for any permit for appl:oval." Mr. Mayor, that will work. Mrs. Gordon: How does that differ from your's, Mr. Lloyd? Mayor Ferre: Completely different, but wait a minute. We've got a motion on the floor, let's see if we've got a second and then let's discuss it. Is there a second to the motion? Is that a motion? You said that was a motion. Mr. Plummer: You know I always like my fellow Commissioners to speak about the thing before I offer it in the form of a motion. It's a motion. Mrs. Gordon: I would like the Legal Department to speak now, please. Mr. Lloyd you heard what Mr. Plummer said. What is your opinion on his proposal? Mr. Lloyd: Inasmuch as there are no fees involved in this we would propose this in the light of the motion and as a dictate from the Commission to prepare an appropriate emer- gency ordinance for passage. Mrs. Gordon: Well how does that differ from whit you already prepared? Isn't it in essence the same thing? Mr. Lloyd: No. It is entirely different. Mayor Ferre: It is a lot more work, Mr. Plummer: That's right but we're not denying a man his rights. 19 'JUL 2 51974 Mra. Gorden: Were we denying a man his rights under the one yOU pr►sed? Mr. Lloyd: It all depends on how you define right. We're denying him a privile ge of getting a building permit unless he complies with the comprehensive zoning study Mra. Gordon: What guidelines are we going to use of the Com- nimsion to determine who gets and who does not get? Mr. Lloyd: You would use the zoning study. Mrs. Gordon: Well why then don't we use the zoning study. I mean that is ridiculous to do it in the manner you're trying to do it. I think that we have to have some guidelines, not the way a man parts his hair or what kind of clothes he is wearing. I mean the only thing you can use for a guideline is that zoning study. Either you use that or you don't use anything. Mr. Lloyd: That is what both ordinances provide. That is what the written ordinance provides, that is what the suggested ordinance... Mrs. Gordon: I concur with you and if it is challenged in the court - it will be challenged in the court but nevertheless you have to have something concrete to tack your hat onto and you can't do it this other way. And further than that, I personally object to the elimination of anything in that zoned area, that study area and that includes the R-1 and R-2 as well. Mayor Ferre: All right. Let's see where we're at so then we'll hear the other objectors. Let's see where we're at and stop me now if anybody here on the Commission or staff sees it differently. There are two ways in which we can accomplish what we're trying to do. One way is to say that until this, Commission has a full fledged public hearing we're not going to do anything but what fits within that plan. That is one way. The alternate to that is for us to say that we're going to listen individually to every building permit that comes up between now and the time that we finalize with the exception of single housing and R-2 which I don't think anybody would object to. Now I'm going to tell you my opinion. You know we sometimes get hung up on the legalisms of things and not what they really mean and what does it really mean in practicality. You know what it means; not a bit of differ- ence between them because you know just as well as I do that if somebody is going to get, wants to build, they're going to come here; we just made a connittment to Mr. Dean and anybody who has a hardship, so if Mr. Rice's client wants to build he is going to come here and we're going to have a hearing on it. It doesn't make a bit of difference. Now what then is the distinction? The distinction is that on the one side you're a little bit more legally safer. Is that right, Mr. Lloyd? What Plummer is trying to do is probably a more con- servative approach to the problem and probably more defendable in court. Mr. Lloyd: It would be. Mr. Plummer: Mr. Mayor,let me just say if you're speaking to the ordinance which was handed to me there is a major difference and that major difference is where it speaks here that if an applicant cannot prove to the Building Director that his plan fits within the framework of the proposed study 14. 20 JUL 251974 there's no way he has any alternative. That is the main difference. You're then denying a man to the rights I feel that he has. Mrs, Gordon: What are you going to judge your determinations upon? Mr. Plummer: Rose, the same thing I base every determination on that I sit here with - that's my conscience and good judge- ment. Mrs. Gordon: You have to have guidelines to form your con- clusions. Mr. Plummer: I've read this, Rose and that's in my mind also. Mr. Andrews: Mr. Mayor and members of the Commission, there is a third alternative that you might consider. Let me offer it at least and you can reject it immediately if it is not workable. That is that you consider having a public hearing in the first meeting of September to take the existing interim zoning district of Coconut Grove, not only extend, but expand that to the entire study area and adopt in that interim zoning plan that which has already been approved by the Planning Department and the Planning Board. Yes, after you've seen it and then you can carry on your public hearings, come to a final conclusion. Everybody will have something workable, we'll have the tools to administer it, every item won't have to come before the Commission, the public will understand where they are in the interim zoning area. Mayor Ferre: Mr. Andrews, I'm glad to see that all those nice things they say about you are true... Mr. Plummer: How do you recall a City Manager? Mrs. Gordon: Ok, let's move that. (Mr. Andrew's proposal as outlined) Mayor Ferre: Now you're really on the middle ground. I'm glad Mr. Andrews solved this because obviously we were kind of deadlocked in here. Reverend Gibson: Mr. Rice, before we go, you heard what he said? Mr. Lloyd: I'll repeat it. Mayor Ferre: What he's saying is that instead, you see what bothers me about this one is that it says we pass it in prin- ciple if we haven't gone over it? So what he is saying is; it is my proposal and I made a mistake s I see it. I.see what the mistake is. Selma wants to do it based on the Plan- ning Board. I'm not about to accept that because that's what we get elected for, that's what we're elected officials. If you want to do that you run for office next November. Now the elected officials have to got to have, that's what we're elected for... So I have to modify my position on this based on, and I think Jack Rice has a good strong legal argument. What Paul Andrews is saying is all right, if that is the case then go ahead and have your public hearing on September 12th and then accept it in principle or reject it in principle. We 're back to that. Mr. Lloyd: You've got 45 days and you can actually adopt it.. 21 r .4\ Mayor Ferre: Then we'll do what Rose was saying which was td extend the interir toning. Mrs. Gordon: Yes, that's what Paul suggested, that we expand the interim zoning area to encompass the perimeters of this study.. Mr. Andrews: And use the basis of that study as the interim zoning until you've gone through the whole public hearing cycle Mrs. Gordon: That is a very good idea, I'll move that pro- viding that Mr. Plummer withdraws his previous motion. Mr. Plummer: Paul, under your proposal of an interim, does it still give the right to an individual to apply for a hear- ing? Mr. Andrews: Yes, he can apply for a building permit and receive a building .permit directly as long as he complies with the interim zoning requirements which would be that document until after you've had your full hearings on either changing it or adjusting it. Mr. Plummer: Aren't you really then saying that you're still approving it in principal? Yes, he is. Mayor Ferre: After we have the public hearing, not today. Mr. Plummer: Yes, but in other words you're saying that a person can get a permit today or tomorrow as long as he con- forms with this document. We then in principal are approving the document. Mayor Ferre: After September 12th, JL. You know what we're really doing, we're putting it off. Mrs. Gordon: We're doing what we did for two weeks, we're putting it off until September 12th. Mayor Ferre: That's what we're really accomplishing by this. Mrs. Gordon: That's right. That is a solution for temporary reasons. Mayor Ferre: What it does is it really extends Mrs. Gordon: And then we have our public hearing and then we do it on a more permanent basis. Mayor Ferre: It does two things, Jimmy. it extends what we've done for two weeks now for five weeks. That is number one. The second thing it does is that it accelerates the public hearings which everybody here wants anyway. Let's get this thing over with. Mr. Dean: That is a little unfair. Some of the people that I'm going to be representing are away on vacation this summer and the reason .you set the reason lyou set this other date was because these people are planning on coming back. So don't be unfair to those people. Mrs. Gordon: Do it on September 19th then. Mayor Ferre: Are you going to withdraw your motion or not? 22 • , Mr, Rice s What you're depriving is somebody of a public hearing and t think that is why we're all here. Mayor Ferret All right, look. Plummer, from a practical point of view your motion doesn't mean anything for this reason: We're going to be in recess so your motion doesn't really come into affect until September 12th anyway. Mr, Rice: Then don't do nothing. Mayor Ferret Ane that's what Paul Andrews is saying, don't do anything. Mr. Plummer: No, Paul Andrews is saying don't do anything more than what you did before. That is what he is Baying. Mayor Ferre: We're not going to open this thing up Jack. Mr. Rice: All I'm saying is don't do anything. Mayor Ferre: No, we're not going to do anything because in this case not to do anything is to do something. Mr. Plummer: Mr. Mayor, let me ask this question, hypothet- ically. Mr. Lloyd, aren't we really, based on Mr. Andrew's proposal, aren't we really saying that in fact that it is a moratorium unless you comply with this document? Mr. Lloyd: No. The way I understood Mr. Andrew's proposal was that nothing is done at all until September when you have a public hearing to enlarge the interim zoning district.... Mayor Ferre: What do we do in the meantime? Mr. Andrews: In the meantime you'd have between now and September, you'd have to. extend what you put in place .... Mayor Ferre: Which means that we have a motatorium for five weeks. Mr. Plummer: That's what you're really talking about. Mayor Ferre: Mr. Rice, are you through because we're run- ning out of time. Mr. Rice: I'm through except rebuttal. Mayor Ferre: Ok, we'll let you rebuttal it. Ok, who are the other objectors? Mr. Renee Valverde: I'm a consulting engineer and a builder. I'm sorry I did not wear a tie. When I left this morning I didn't know I was coming in so then I didn't have time to go back home. Mrs. Gordon: Your name, sir please, we didn't hear your name. Mr. Valverde: Renee Valverde. I'm a little disadvantage be- cause i don't master the English language so you will have to put up with me for a while. My problem is a little different 1 entered into a contract to buy property in the Coconut Grove area on March 29th. On April 1st the Pollution Control Board issued a moratorium because of the sewer problems. On April, about the 19th I came into the City of Miami with a set of plans and I was informed about the sewer moratorium. At that 23 JUL 2 51974 F time it was already too late, I had already entered the contract. Now on May lst I went to Pollution Control and was turned down. I didn't come into the City of Miami Building Department, Zoning, structure, electrical, and so on. I have a set of plans com- plete for a sox story high building on an R-4 zoning but the density is about: forty units an acre, I'm putting half of that. I have gone into a great expense in buying this property. About two weeks ago when the sewer ban was about to be lifted I read in the paper about your building ban so I have been caught in the middle and I don't know what to do. I'm about to loose a lot of money.. I would like, and I think it is only fair and I know you are fair men and ladies, that this should be postponed until everybody has a chance to exert their rights. I think that the whole thing should be lifted until September 12th so that everybody has an opportunity to submit plans which is the proper way to do it. If there is, I'm talking about thousands of dollars and you understand that you may represent a faction or a group of people that want to pre- serve the Coconut Grove area and I am with you but on the other hand these people are not hurt economically and I am. If I can't build, and I have everything lined up - plans, financing and everything, now since March 29th I have been held or since April 1st. So will you please give me the opportunity to go ahead with the plans as they are? Right now I can't get a building permit because the sewer moratorium was not lifted until two days ago and we have this building ban right now. I would like to have an opportunity, a fair opportunity to get a building permit if I comply with all of the zoning ordinances and regulations. Thank you. Mayor Ferre: You see, that is the proolem with all of these things, that somebody always gets hurt. You can say well, ignorance of the law has nothing to do with it or you can say that is the way the ball bounces and you can say a lot of things but unfortunately there are people who get caught in these unfortunate circumstances and I think we have to take them into consideration too. I don't know what the solution is to your problem but you know the history of this country is full of the conflicts between the rights of the individual and the right of the individual owning property and the right of siciety as a whole. Somewhere in the middle we've got to strike a happy balance and that's what we're trying to do. It isn't easy. We've already been at it for an hour and a half. Jimmy. Mr. Jimmy Elienberg: I own the parking lot there in Coconut Grove and I think I've spent quite a bit of time in the Grove and I think I have tried to work hard at the situation and im- proving the downtown area of Coconut Grove. I would like for the people who own the property in the downtown area of the Grove, is there anybody here right now that owns property in the downtown area of Coconut Grove? There is one lady, I will speak for Mrs. Peacock who owns quite a bit of property there. I'm sure that she isn't aware of the changing of the zoning and stuff like this, the three story building. Incidently, I hired an architect about three months ago to try to come up with a thing which the downtown area needs more than anything else, is a parking lot and I'm sure the Mayor will agree with me. I'm sure Mr. Plummer agrees with me on something like this to help all of the small shops. When you own a small shop you can't afford to pay for parking. This is one sure cinch and the time of the two man shop, I think is almost, I'm sure that Mary would probably agree with me on this that a little two man shop just can't afford to pay for parking and I think the downtown area needs a real nice parking garage for 24 JUL 2 51974 the whole area. I'm sure this would relieve a lot of problems. The merchants would be able to do better but you all are putting it on a position now where the man can't afford to build a nice building so that he can help the little Merchant. You're putt- ing me in a.position now, if you cut it to four stories that I cannot build a nice parking garage with a building on it so that 1 could hiep all of the tnerciants in the whole downtown area. Mayor Ferre: Jimmy, I'll tell you... Hold on now, if you want to be heard now I'll recognize you but you keep your comments. Mr. Ellenberg: Well everybody that don't want it.... Mayor Ferre: He's entitled Mr. Ellenberg: Let me speak, Mayor. There are a lot of things that a lot of people don't like but I can take you into the City of Miami and show you area after area of blighted area because there wasn't parking in this area. I'm sure the Mayor .... I'm talking about 36th Street, 62nd, 63rd and all of these places are dead, absolutely dead because they did not have parking. Father Gibson, I'm about to have the heart attack that you told me to have because you know I'm right. This is positively a fact. Go out and look at these dying areas. Do you want the downtown area of Coconut Grove to die. All right then, you don't let them improve some of these old buildings - sure, they're nice old buildings but the man cannot make a living on these old buildings the way they are. So I would like to get a permit to build a nice parking area and a parking garage there. The lady that's against me, does she own a shop in Coconut Grove? Does she make her living there in Coconut Grove? Mayor Ferre: Let's not get into a debate here between.... Mr. Ellenberg: I would like for this ... Mary, come up here just a minute. Here is a girl that's worked hard Mayor Ferre: Your name and address for the record please. Mary Grable: I have a shop and I've lived and worked in the Grove for 18 years. This parking thing is in the plan, isn't it? I mean aren't we going, isn't that in the master plan? If it is accepted there is going to be a parking garage so I don't see what the point is right now. I'm just Mr. Ellenberg: No. The city don't own it. If you all would like to buy it, I'll guarantee I'll sell it to you right now for one million five hundred thousand dollars. Now you can buy it. Ms. Grable: I feel we're in a very very crucial point in the Grove's future. Mayor Ferre: We all concur with that. Ms. Grable: All I can say is I just hope you extend this interim zoning until you really study the master plan and then I personally hope you accept that. That is all I can say. Mayor Ferre: Ladies and gentlemen, it is voting time now. Mr. Ellenberg: Let me say one more thing, Mayor. I've hired an architect to try to get this thing straightened out. He will not work on anything at all, he can't go to work on 25 J U L 25 1974 • anything because he doesn't know what he's got to do. Mayor Ferre: All right, Jimmy. Is there anything else you want to add? Mrs. Gordon: May I ask you where your concern is, what property you're talking about so I may understand? Mr. Ellenberg: The piece that runs from Main Highway to Grand Avenue and all on Puller Street. Mrs. Gordon: You're saying you want, your idea is that it needs a highrise parking.... Mr. Ellenberg: I didn't say anything about highrise. Mrs. Gordon: Oh, four stories is not sufficient you said. Mr. Ellenberg: You can't finance a four story building anywhere in the area. Mayor Ferre: That's what we're going to be addressing ourselves to when we get to the public hearing stage. Don't you see? Jimmy, we're way behind and there are a lot of people waiting on other items so unless somebody has...that just cannot.... Do you have to speak? Mr. Ellenberg: Yes, just one thing, Mayer. Everybody that owns the property; it's nice to tell the people who pay their own taxes and pay their taxes for their property - if you would like to run it the way you run your business and you do what you want to do, I want to run my business and do it the way I want to do it. I don't want somebody else to tell me how to run my business. I've been in business here for forty years in Miami. Mayor Ferre: All right, Jimmy. Does anybody else want to make a statement? Ms. Selma Alexander: Mr. Mayor and members of the Commission, I don't like words put in my mouth that I didn't quite say. As a member of the Planning Advisory Board of the City of Miami, I'm speaking for myself as a member. However, back in February when this new board was newly constituted we discussed the pos- sibilility of enabling legislature and we are not a legislative body, we are a Planning Advisory Body; enabling legislature that would allow us to continue us to continue with our plan and at the time we held public hearings, at tht point hopefully, the Commission with this enabling legislation could declare some kind of interim district so that the district involved would have no building permits issued until such time as the plan was accepted either in principle or otherwise. That is the process, we are not trying to be the legislative body. Now we must remember also that Coconut Grove, the whole plan for Coconut Grove has gone on for a long time. There have been in excess of 14 public hearings, committees, what -not between staff and members of the community, the board and so on. So it isn't as if the public has not been involved in this whole planning process. Now that is all. It is a policy we're passing on, you make the legislation and we are for an interim enabling act and we like this whole thing. Mayor Ferre; Thank you, Mrs. Alexander and on the record I want to say that it is a very nice thought and I want to tell you that I am 100% against it. So I don't want to equivocate. 26 JUL 2 10714 • I do net think that we in this community can afford to have the public hearing process become the deciding point ae to What will or will not happen in this community. That is why we have elected boards and that is where the power rests and that is where, as long as I have a vote, I'm going to vote for it to rest. Mr. Ted Schumey: Mayor, Ferre, Commissioners, ladies and gentle- men. My name is Ted Sc:humey. I'm an architect. I live at 3610 Bayview Road in Coconut Grove. I'm the president of the Coconut Grove Civic Club. I hope we can wind this thing up. I would like to say that I'm speaking today on behalf of the Bayshore Homeowners Association, Black Grove, Inc., Central Grove Association, Coconut Grove Association, Coconut Grove Cares, Coconut Grove Citizens League, Coconut Grove Civic Club, Coconut Grove NDP Project Area Committee, Dade Heritage Trust, St. Hugh's Guild and Senior Citizens and the Tigertail Association. These eleven organizations represent thousands of Coconut Grove residents. You know what we're concerned about. We would like you to pass some kind of protection for this plan until its final implementation. I'm not a lawyer but I understand there is legal precedent in at least 33 states in our union for this kind of action. I would like you to go ahead and do this. You asked me, Mayor Ferre, the last time I was here to present you with letters from the organizations which I said I represented. I have those today, copies for each of you which I'will give to you and I don't think anything else is necessary except let's pass this thing, protect it and if somebody wants to challenge it that is there prerogative. Mayor Ferre: Thank you very much. Now ladies and... A11 right. Mrs. Gloria Calhoun: Mr. Mayor, ladies and gentlemen of the Commission, I'm here today on the behalf of the Tropical Audubon Society and I would simply like to go on record as adding Tropical Audubon Society's name to this list of citi- zens organizations to say that we are totally in support of what the Grove's civic groups, the protective action which they are trying to accomplish today and we urge you to sup- port that. Mayor Ferre: Thank you, Mrs. Calhoun. Now are there any members of the public that wish to be heard? If not, I think it is time for us to get down to the voting stage. Here is what I would like, before we get to it. We have basically three things before us, four. The first thing is what Jack Rice recommends and that is do nothing. (2) Pass an ordinance in principle accepting this on an interim basis and making that the guideline which I think was what I was expressing and Rose, I heard you later on express that opinion. (3) Extend what we did two weeks ago for another five weeks and then have a public hearing September 12th. Mrs. Gordon: The 19th. Mayor Ferre: No, he said the 12th. Paul Andrews is recom- mending advance it one week. Well, whether it is the 12th or the 19th, either day and then after having a public hearing passing this ordinance in principle. The fourth thing which is what is before us now is Plummer's motion that with the exceptiof. of R-1 and R-2 that every public hearing, excuse me, that any permit application be heard before this Commission. Now, I'm just going to express my personal opinion. Jack, I 27 JUL 251974 • can't accept your premise. We can't do nothing, we have to do something so to me that one is out. That leaves three. Row Plummer's motion which is on the floor before us ie I think a good motion but in effect it really doesn't make any difference because since we're going to be in recess until the twelfth the effects of it are basically that nothing can happen if you say that that has to come before this Commission and in affect nothing happens until the twelfth anyway. So you may as well get on with it. Now Mr. Andrews' recommendation is that we extend the freeze. Now that one I don't like because to me that is so, you know really, that is the most restricted because in a sense what you're doing is you're nothing, the opposite way from what Jack Rice meant. You're freezing the whole thing for five or six week period. So I'm back to the original ordinance, in my opinion, the thing for us to do because I think it ie the cleanest thing: is for us to say we're going to accept this in principle and then we're going to have a public hearing az:c, go back and do it specifically item by item. Now that is just my personal opinion. However, legally I can't do that because there is a motion on the floor. Mr. Plummer: Under discussion, Mr. Mayor, let me ask for clarification because I've heard it discussed back and forth. Are we in fact speaking to the whole area of designation of Coconut Grove Study or are we speaking to just the present interim zoning? I want tilt clear for the record. That's a big difference. George, do you understand what I'm saying? Mr. Acton: Yes, sir. I do. Mr. Plummer: Well answer it. Mr. Acton: Yes, sir. Mr. Lloyd is better... It was the intent of this ordinance to preserve all of the land, to protect rather, all of the land within the confines of the Coconut Grove Study area and to extend the Coconut Grove Business Interim Zoning. (LENGTHY INAUDIBLE CONVERSATION) Mr. Plummer: Let me get back to my point before somebody else has a heart attack. Mr. Lloyd, for clarification and on the record so everybody will understand, what we're addressing here this morning, does it in fact pertain only to the present interim zoning that is applied in Coconut Grove or does it apply to the entire area of the study which encompasses for all practical purposes Rickenbacker to the City Line? Mr. Lloyd: It applies, what you're addressing yourself to right this minute, it applies to the entire comprehensive plan area - not merely the interim zoning district. Mr. Plummer: Ok, fine. Thank you. Mr. Mayor, let me just not lobby my own motion but Mr. Mayor, I do in fact see a big difference in the motions. One motion, in fact, in a way does take away a man's rights; the motion as you pres- ented or that Paul even presented. We're saying the same thing but we're not precluding his right for a hearing, if you understand the difference. Mayor Ferre: stronger. Mr. Plummer: What you're saying is that your's is legally Well, and I'm also saying, Mr. Mayor, that it JUL 2 51974 is morally right. You know whet I'm saying is, Mr. Mayor, thie Commission I'M sure is not going to go in any big direct conflict with thie book but I'm saying, Mr. Mayor, that if a man does want some kind of a change he has the right to address himself to it. Mayor Ferre: From a practical point of view they both say absolutely tie same thing because nothing can happen until it comes to the Commission and the first time that can happen is September 12th and by that time, or the 19th we're going to have a public hearing. Right? Mr. Plummer: Mr. Mayor, I don't think my motion is out of order. I don't see anything wrong with my motion. I think it accomplishes everything that we're trying to accomplish that if you don't comply with this study it has to come before this Commission for a hearing and I think that within itself is doing what we want to do and it is also allowing a man his rights. Now I haven't heard any of the people that are for that say that it won't work. That's what I vas asking for. I'm not trying to jamn anything, I think :..t will work. Mayor Ferre: JL, with my apologies to everybody here, it is eleven O'clock and we really have a long agenda. We have 58 items today plus extras so let's get on with it. We have a motion and a second. Let's see wbt the will of this Commission is. Does anybody want to speak to it? Mrs. Gordon: Six to one and half a dozen of another. Mayor Ferre: That's exactly what it amounts to. Mr. Plummer: All right, I want it on the record, George Acton, do you think that my motion will accomplish everything we're trying to accomplish? Mr. Acton: Yes, I do. But I want, Mr. Mayor and members of the Commission, if I might suggest to the Commission, this might aid you in your deliberations. ... request the Planning Advisory Board to conclude their necessary public hearings and all the necessary land use controls and recommendations contained within the Coconut Grove Planning Study within the month of September, the early part of September. This would bring the entire package before the Commission no later than the first port of October. Mr. Plummer: What you're saying is the first of October if it isn't finished you're going to be working for Surfside. Mr. Acton: I cannot ... Mayor Ferre: That cannot be guaranteed. Now, what else have we got to talk about? Please, let's move on. Mr. Southern: Mr. Mayor, would someone briefly clarify that. I'm not quite sure.... Mayor Ferre: This is the only motion that we have, that the chair has before it. It was a motion made about 45 minutes ago by Mr. Plummer, seconded by Father Gibson which in affect said that unless, unless, with the exception of R-1 and R-2 someone getting a building permit complies with that study they must come before the City of Miami Commission for a hearing to get a permit.Is that right? 29 5111... 2 5197, Mr. plus et: SO, air. I said anyone that is not in an R1 or ah A 2 gust come before this Commission for a hearing for a permit. That is everyone. Mayor Ferre: Ok. That is the same thing, it is simpler. Mr. PluMM r: No, it is a lot different. If they comply they tan go get a permit. Even if they comply they've got to come here. Mayor Ferre: All right. In other words they have to come before us to get a permit unless it is R-1 or R--2. Do we understand the motion now? Made by Plummer, seconded by Gibson, is there further discussion on the motion? Mrs. Gordon: Can we just ask the representative from all of the associations if this motion as you heard it, in affect takes care of the restrictions as you see them? Ok, fine. Mr. Southern: And that is for the Law Department to prepare a resolution for adoption later in the meeting? Mayor Ferre: That is right. Now call the roll. Mr. Plummer: Wait a minute. I'm advised by the Law Depart- ment that there is no expiration date so let me put an expir- ation date, that expiration date being one day after the con- clusion of the final hearings and adoptions of this Commission. How do you like that for a broad coverage? Mrs. Gordon: JL, be prepared for 10 meetings a month. Hr. Pl.uomrer: We're going to have them anyhow, Rose. Mrs. Gordon: I mean with regard to hearing every single application for every building permit. I wonder if you're... Mayor Ferre: You know what is going to happen, Rose? What you're saying is going to force us to get through those public hearings quickly for us to have peace of mind. So in a way what you're doing is you're inducing childbirth, if you will. Thereupon the foregoing motion was introduced by Mr. Plummer, seconded by Rev. Gibson and passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. NOTE: See Resolution No. 74-682 adopted later in the meeting. Mayor Ferre: Thank you all very much ladies and gentlemen. I think you all understand the procedings here this morning and I think you understand what has been accomplished. Mrs. Gordon: That was a motion. Do we have to pass a reso- lution later? Mr. Lloyd: We'll have it prepared. Mr. Valverde: Juet for clarification, Mr. Mayor, I can't get a building permit even if I comply? Mayor Ferre: No. What you have to do now, if you want a building permit unless it is R-1 or R-2 is you have to sched- ule to come up before the City of Miamti, Commission and be heard. 30 JUL 2 51974j Mr. Valverde: Tit will be When? Mayor Ferre: Whenever the Manager decides to put you on the agenda. 1 would imagine it would be as expeditiously as pos- sible. Thereupon the city cosildssion recessed for five minutes before continuing with the business of the day. 6, VARIANCE - LOTS 17 & 18 BLOCK 3- COMMERCIAL BILTMORE AMENDED D T SCUSS I ON AND DEFERRAL Mayor Ferre: Dr. Ward, it is always a pleasure and an honor to have you with us. Take up item 4 on the 9:30 agenda. Is the applicant here? A11 right, sir. Your name and address for the record. Mr. Barry Garber, attorney at the City National Bank Building, Miami,Florida: Mayor Ferre: All right Mr. Garber, before you begin are there any opponents to this item present? Are there any other oppo- nents present that wish to be heard on item 4 on the 9:30 agenda? All right, Mr. Garber. Mr. Garber: Mayor, Com►uissioners, I thank you for the oppor- tunity to be able to talk to you. May I ask a question proced- urely? Would it not be appropriate for the objector to address himself to you first since we are here by the result of the objection that he has made? Mayor Ferre: Yes, technically I think you're right. Is that right, Mr. Lloyd? Mr. Lloyd: You may adopt the rules of procedure... Mayor Ferre: No, that's not the question. Technically, let me explain what has happened. The zoning board passed this 6 to 1. Ok? So in effect it comes with a positive recom- mendation and what he is saying is that then he is, what we need Mr. Lloyd: He's the appellee, the objectors appear first. He is right. Mayor Ferre: Yes, so the objectors are the applicants. It doesn't really make any difference because I'll recognize rebuttal time so let's get on with it. Mr. Goulde. Mr. =mil Goulde: I own the property known as Decorator's Showcase, 35 N.B. 40 Street immediately across the street from the property. I would like to ask a question procedurely; When you asked for the applicant I didn't know who was the applicant in this hearing. I would like to find out now does that mean that as applicant, do we make a presentation then rebut, have a few minutes to rebut whatever statements may be made by the original applicant for the variance? Because that will change the information I must give to the Commis- sion and I would like to shorten it as much as possible. Mr. Lloyd: Yes, in making the first presentation they would be entitled to rebuttal. 31 JUL 251974 Mr. Goulde: We filed an objection as did some other property owners to the proposed regulation. I did not appear before the Zoning Board. I was rather surprised, shocked rather when I heard that the variance had been granted and the request was to eliminate all required off-street parking sites for this particular site. I heard too that the statement was made by the Zoning Board that it did not want to discriminate against the otliner since some other properties in the area had been built without parking facilities. They had been built prior to the adoption of the ordinance. It appears to me that the ordinances of the City of Miami ought to be adhered to or ought to be repealed. It does not seem equitable to require parking in some cases and none in others. Northeast 40th Street area which is normally called Decorator's Row, there are two out- standing problems, one of those two is parking. To my know- ledge, no building has been built since the adoption of this ordinance without off-street parking. The hardship does not appear to exist and what I would like to explain is that the owners apparently own the building immediately adjacent to this and at the present time there is a drive way through the property, -a chain 'across it and generally there are five cars parked on this lot. When a building is constructed thereon not only will there not be room for those 5 cars which pres- ently use it and the present• building does not require park- ing because it was built originally before the ordinance. The cars which will be developed by the new building will have no place to park. Now I could understand a minor variance if there is indeed a hardship but to eliminate all parking does not appear in the best interest of the City or the area and while it doesn't make any difference to me personally it is ratherunfortunate that I have to object against someone whom I know and like, a neighbor. In addition to that I find that something else has happened. This is an example of the domino theory at work. There is a new building which is pro- posed for the corner of Miami Avenue and 40th Street. I heard about this, I was pleased one was going to be built. I learned the name of the architect and went over to see the building, a very unusual and very outstanding building and the architect at that time was proud to announce that he had designed a build- ing which would require absolutely no variance from the City ordinances. After this application was approved by the Zoning Board a request was made by this other property owner for a variance in addition feeling that if one property owner is entitled to a variance why shouldn't he. So if you tople the regulation and eliminate the requirements for parking we're going to have that compounded by the problem which already exists in the area and which certainly is not in the best interest of the total community. Any number of architects that mention that they can design an attractive building on the site and provide the necessary parking, and I assume that this can be done professionally and an attractive building be developed but I see no hardship and it would be a hardship on the entire community if the regulations and ordinances of the City of Miami were not upheld. Mayor Pierre: All right, Mr. Garber. Mr. Garber: Thank you, Mr. Mayor and Commissioners. I won't attempt to necessarily rebut some of the remarks of Mr. Goulde but I would like to point out a few things that I think are most important to the Commission. As you know your board voted six to one in favor of granting this variance and it is hear as the result of an objection filed by Mr. Goulde. The record before you indicates that there were four objectors. I might add that none of those objectors appeared before the 32 • board at the hearing. I think basically, and Mr.Gould used the word equitable and I think that indeed is appropriate here today because I think we are and should be concerning ourselves with equitable considerations. In affect, and as he said a very few buildings have been constructed on 40th Street since the adoption of the off-street parking require- ment. We owned the property which we are now seeking to ob- tain this variance on for a period of 18 years.. Unfortunately, due to the economic situation we were not able to construct at that time. Therefore, and I say equity comes into this situation because we in effect are unique. We basically, and I may be incorrect, but: I believe we are basically the only' property owners owning property on 40th Street that has not been improved. So that does in effect place us in a unique position. And because of our uniqueness in effect we are ge- ing penalized by the objector asking this Commission to re- quire us to conform with the off-street parking requirements. Now I think that Mr. Goulde's argument, and I think the intent of the off-street parking requirement would be valid if in fact we were talking about a large structure possibly involv- ing twenty or thirty parking spaces. But that is not the sit- uation. What we are talking about is a piece of property fronting fifty feet on N.S. 40th Street with a depth of 100. We're talking about a total of 5000 square feet which would be required to have five parking spaces. I think another factor of significance, and I state this to the members of the Commission, this proposed building is intended to be used for wholesale businesses only and I think that is important in your consideration because the amount of traffic generat- ing to a wholesale place is significantly less than a retail establishment. Further.. Mayor Ferre: Mr. Garber, excuse me. How long do you think your presentation will take because we're about two hours be- hind schedule. Mr. Garber: Mr. Mayor, perhaps another 5 minutes if that much. Mr. Reboso: Do you have any plans, Mr. Garber? Mr. Garber: Yes we do, and I would gladly yield. I have Mr. David, the architect here who might possibly answer your questions. Mayor Ferre: I think it is important in the interest of all these people that are here on other items that we move along quickly so please make it as brief, you've already talked for about four minutes. Mr. Garber: All right. Thank you, sir, I will. Admittedly the off-street parking is a problem. I have here and would offer to this Commission a letter from the off-street parking of the City of Miami, one of your agencies which relates its dealings with the State of Florida and indicates that the City is ready and is going ahead with off-street parking facilities underneath the expressway from Biscayne Boulevard to Miami Avenue and I think that should be a significant factor in your consideration. At this time, with permission of the Commission I would like for Mr. David to briefly address you. I'll waive the rest of any remarks that I wish to make. Mr. George Davis: Mr. Mayor and members of the Commission I have a drawing that I have, my name is George David. I'm an architect representing the owners of this proposed building. 33 JUL 251974 • This drawing will indicate what we have in mind and I have Made this particular drawing to show you the exact conditions of the existing stores there and the building which is across the street from it, the one that Mr. Goulde owns. I would like to pass these drawings out so that you could see exactly. Mr. Plummer: Mr. Mayor, while he is doiflg that so that we can all adjust our calendar appropriately, Rose, I have just received word that the funeral memorial service for Jack Orr will be held tomorrow, Friday at 3 P.M. in Vizcaya. That is tomorrow, Friday at 3:00 P.M. in Vizcaya. There will be an- other service which has been termed a family memorial, the inner family on the courthouse steps Monday at 1:00 P.M. but the service tomorrow is open to family and friends at 3:00. I just thought everyone would want to get their schedule ad- justed. Mrs. Gordon: Monday, what was that? Mr. Plummer: On the courthouse steps Monday is what they're referring to as the inner family service which will be open to everyone but the Commission itself, I would assume is going to have a memorial service. Mrs. Gordon: What time on Monday? Mr. Plummer: Tomorrow will be 1 O'clock. Mayor Ferre: The general service will be tomorrow. Mr. Plummer: The general service with the religious service will be tomorrow at 3 O'clock at Vizcaya. Mayor Ferre: By inner family, do you mean his personal family? Mr. Plummer: Mr. Mayor, as I understand it the service tomor- row will be conducted basically as a religious service. The service on Monday will be those members of the Commission conducting the service. Both of them will be memorial ser- vices. Mayor Ferre: All right. Mr. David: The drawings submitted shows the conditions that exists there at the proposed new building. Not only that we are applying for this variance, it becomes a very hazardous condition not only for the cars there but also for people or the public passing on the sidewalks there. From N. Miami Ave. to N.E. 2nd Avenue all of the stores are in line, no setbacks, no parking or anything. We have metered parking there and to put in off-street parking there and penalizing my client, you can see from that drawing where the hazardous condition occurs. First of all, what makes this thing a very bad condition is that the building across the street has a restaurant and this restaurant between 11 and 2:00 P.M. have their cars double parked and sometimes triple parked and they have a valet ser- vice there and to come out of a driveway to come out into that street you would only have about 16h feet and that's why I say it becomes a very hazardous condition. Mayor Ferre: I hate to do this to you but you've now taken six more minutes and we really cannot so wind up your state- ment, Mr. Gerber, if you would and we're going to bring this thing to a head. 34 JUL 251974 • Mr. David: I feel, your honor, after showing this to the Zoning and they passed on it, and they saw the conditions there; I don't knot, whether you folks have been to the site or not but you can see from my plans that I submitted the conditions that exist and I have a feeling that you Would make up your mind as to what Mayor Ferre: All right,, Mr. Garber anything else you want to add quickly? Mr. Goulde? Mr. Garber: Just briefly to Way that if required to comply with the off-street parking requirements it virtually would be a financial and economic impossibility for us to construct because then we're talking about using thirty feet by a hun- dred. Mr. Plummer: Let me ask, are you cloning the public hearing? Mayor Ferre: Well let him make his statement and then you can ask Mr. Plummer: That's highly irregular, Mr. Mayor. The pro- ponent always has the rebuttal. Mayor Ferre: He is the proponent. Mr. Garber: We are the applicant. Mr. Plummer: Ok, I'm sorry. Mayor Ferre: I'm following the ruling, I think you weren't here. We asked for a ruling on this from John Lloyd and he ruled this way.as to who went first and who went last. Mr. Plummer: Ok, I'm sorry I was out of the room. Wr. Goulde: In one moment to go over this and no other ob- jectors here; others participate in the cost and assembly, we had to pay the cost of this rehearing. The only property on 40 Street, there is a vacant piece of property on the other side of Mr. Garber's present building which is presently under plan - wholesale business only. The street normally is con- sidered wholesale business to the trade but that does develop the same kind of use and parking which creates a problem. Now the expressway parking will relieve it, not eliminate the need for off -site parking but will help the situation for the general public. Hazardous? At the present time there is a driveway to this property - it is used for parking so that its continued for parking would be no more hazardous than the present condition. Mayor Ferre: All right, any further comments? Mr. Plummer? Mr. Plummer: Let me ask, how deep is this property? And you're proposing that this building would be fifty foot deep. (INAUDIBLE) Mr. Plummer: The width is 50 and it is 100 deep. Mr. Garber: That is correct. Mr. Plummer: And the building will be 50 feet wide and how deep? Mr. Garber: About 100 feet deep. 35 JUL 2 51974 Mayor Ferret The whole lot. Mr. Plu r: The whole lot. In other Words you're utilization will be 100%. All right. Now what provisions if any are you Making for loading and unloading of merchandise? Speak to the record now, is there a record behind it? Mayor Ferre: Speak into the microphone please for the record. Mr. Garber: I'm advised that there is a loading Zone infront of the property. Is that correct? Yes, it is zoned for.load- ing infront of the property. Mr. Plummer: Mr. Goulde, how many off-street parking spots do you hoe for the restaurant? On site? Mr. Goulde: We have two lots, we have 26 or 28... We have lots 5 and 6 of block 9, if you'll look there. We applied ten thousand square feet... Mr. Plummer: All right. Now Dave, either you or George answer. As I recall, are you proposing if he used on -site parking it would be in the front of the building? Is that what you're proposing? Mr. Acton: We're not proposing.... Mr. Plummer: In other words for him to comply he has to supply five parking spaces. Mr. Acton: That is correct. Mr. Plummer: There is no way for him to get to them from the back. Is that correct? Mr. Acton: Yes. Mr. Plummer: So in other words you're saying that these five spaces must be in front of the building. Mr. Acton: They must be provided somehow on the site. Mr. Plummer: George, he isn't going to put them on top of the building. Where else is he going to put them? Let's be realistic. Mr. Acton: He could consider a remote site such as you re- quired by Mrs. Levy. Mr. Plummer: How many people, as I recall in this district, how many people have actual on -site parking? I don't recall any of these stores having on -site. Even Mr. Goulde's is not on -site. Mr. Acton: It is behind, that's right. Mr. Plummer: No, it's not even really directly behind. Mr. Acton: I understand that but it is within the area. That is correct. Mr. Plummer: I just don't see any way this man can build and put five parking spaces in the front of this building and that is really what we're telling the man unless you go out and buy more property. To utilize this one piece of property 36 JUL 2 51974 1 the only way he can do it is to put five parking spaces in the front. AM 1 wrong? Mr. Acton: It must be acccm dated on the site. That is correct. Mrs. Gordon: JL, did you see that letter that I saw from the DOT? Or from the Dade County Transportation Department? Mr, Plummer: You're in reference to when a parking facility could conceivably be built? Mrs. Gordon: Apparently the plan was five years old or in the making for that number of years but they're getting close to developing it, I think. Mr. Plummer: Well Rose,let's be realistic. If they let the contract it is two years off. Reverend Gibson: Mr. Mayor, what really bothers me is this: Are we compounding our problem when we let this go on... Let me say this. I went out and saw this piece of property; I'm learning the tricks of the trade from JL; what really bothers me is I thought, that is the way I read what is here, is that we were going to permit him to build, or he wanted to build even though he did not have the required number of parking. Is that right, sir? Mr. Garber: That is correct, sir. Reverend Gibson: All right. Now let me make sure that the public understands. My understanding, Mr. Mayor and members of the Commission, there isn't any parking at all. Now let me go on further with what I heard here this morning about what we're going to do in Coconut Grove. The law that is provided is the law that caught you before you developed your property. You now live in an age when we, the Commission have a law which says that you must provide parking. Isn't that right? Mr. Garber: Yes, I can't argue with that. Reverend Gibson: Ok. I was told that you all were going to one day find some parking under the expressway. Now I would hope this Commission would keep in mind we don't want to com- pile the problem. I remember so well when I first came on the Commission how the people on Decorator's Row came in here and told us all of those beautiful things and made me live up to it. And all I'm saying is I also saw your parking. JL, I want to say, did you see the land? All right, you saw it, I'm sure knowing you as I do. I would say that if you came in here and told me, this is the way I feel, that you had five parking spaces within that block I would have no objection but in this instance what I'm trying to say to the public, you don't have a single space and as you go down that street another thing that bothers me that I saw yesterday. I went back twice, what happens to the people who are going to be walking up and down that street? I mean I think you ought to tell us the public officials that. Mr. Garber: I understand what you're saying. Mayor Ferre: Mr. Garber, I hate to cut you off but quickly answer it because we've got to vote. We're two hours behind, there are people that are waiting on 10 O'clock items that are going to be here until 2 O'clock in the afternoon. L ,. 37 JUL 2 51974 11/ Mr. Garber: All I iM saying, M. Mayor : is this is an equit- able consideration based on facts. Obviously the City in its wisdol'c► recognised the need for variances in situations and I think this is an appropriate one for it. Mayor Ferre: A11 right, sir. I think we've heard both sides now. Is there a Motion? Reverend Gibson: Mr. Mayor, I saw it and I'm going to move to deny. I just think we're either going to fix up this City and make it go as we have envisioned or we aren't going to do it. Vice -Mayor Reboso: I second that motion. Mayor Ferre: There is a second to the motion to deny. On discussion, Commissioner Plummer. Mr. Plummer: Father in your wisdom, would it not be smart rather than to outright deny, to defer and give them the op- portunity to look for the additional parking? Reverend Gibson: I would be delighted to do that. I don't care where you get it. Go somewhere and fini some parking. Mr. Plummer: If you deny them it is a year before they can come back. Reverend Gibson: All right, Mr. Mayor, let me withdraw that motion and make another one. I would like to defer, Mr. Mayor and give them; how much time would you need to look around in the block? Mr. Plummer: Wait a minute, put it on them. When they're ready let them come back. Reverend Gibson: Ok, I move to defer; you come back here when you find some land or parking. Mrs. Gordon: The deferment is fine but I think we ought to go a little beyond that. We ought to get ahold of the Transport- ation Department of Metro and we ought to urge them to immed- iately start implementing the plan, or the DOT or whoever is responsible because it isn't just this one development that is being held up and it's not going to clear up anything that's existing. What is existing is deplorable and we need to put whatever strength we have as a Commission behind the effort to get more parking there. Reverend Gibson: Suppose if I offer the motion then I'll offer the other one. Ok. Mrs. Gordon: Is there a time on this deferment? Reverend Gibson: No, we're going to give them some opportunity to search around. Mrs. Gordon: It is up to the applicant when it comes back then? Mayor Ferre: Yes. Thereupon the foregoing motion to defer was introduced by Reverend Gibson, seconded by Vice-Mayor4Reboso and passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 38 JUL.. 251974 1 to Reverend Gibson: Mr. Mayor, I offer a resolution and the Legal DepartMent can word it, to urge the Department of Transportation and the County and all the rest to proceed posthaste if possible and find the help to alleviate_tha t condition. Mrs. Gordon: In fact, maybe our own Off -Street Parking Authority could come into this as well. Reverend Gibson: All of them. Mayor Ferre: There is a motion and a second. Now speaking to the motion I want to say this: The problem that you see before you is a typical problem in this town. Here's what it is. I need to speak to the solution. Mr. Andrews, I want fou to: listen to this because I'm going to request that the adminic;tration go into a study and come back with a recom- mendation. Here is what I think it is. There are parts of this town which definitely need more parking. The Parking Authority was established for that purpose. Now they've done a good job and I'm not saying anything else but I think we have to start approaching the problem on alternates. For example, wouldn't it be much better for this whole area if in a four block space, wherever the most appropriate location would be for the Parking Authority to put up a parking struct- ure and for a man like Mr. Garber to have the option to either provide five parking spaces which is whit the law re- quires or pay into a fund to build a parking garage that might be $15,000 per unit, or $10,000 per parking space so that in effect if we were to give him some kind of a variance so that he wouldn't have parking there he would have to kick in $50,000 or $75.000 into a kitty which eventually within a certain time period would then result in some kind of a park- ing structure in that area. See? Now this is just a thought and I think that - we have a motion and a second - but you know what happens to these things. You're going to write a letter to theDepartment of Transportation and you're going to write a letter to Metro and then they're going to put it in some file of things to do and six months later you're going to remember or Rose is going to remember; we made a motion, why haven't these people answered us and then .... Mr. Plummer: Mr. Mayor, can I help you out? I personally think that this is the baby of the own City of Miami Off - Street Parking Authority. Mrs. Gordon: Nell we included that, didn't you Father? Mr. Plummer: May I finish? That your resolution, Father say this: That the Off -Street Parking Authority will come back to this Commission within 60 days giving us a report that they have studied the area and their recommendations within 60 days. Mayor Ferre: From a practical point of view, JL, since I know that the chairman, Colonel Mitchell Wolfson is away in - Mr. Plummer: Make it 90 days. Put somebody under the gun. Then it won't be forgotten. Give them 90 days to come back to this Commission.. The foregoing motion introduced by Reverend Gibson, seconded by Mrs. Gordon was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOBS: None. SEE RESOLUTION NO. 74-683. 39 JUL 2 51974 Mayor Parfet Mr. Andrews, I want it very clearly understood even though we don't have to go into a resolution that this in no wayrelieves you and the staff of the City from follow- ing up on this very important item. Reverend Gibson: Mr. Mayor, please for the sake of the people who applied, who have the property, one of the reasons for postponing this so that you don't have to go back through that hassle again, please. Mrs. Gordon: Mr. Mayor, may I ask you a question to the appli- cant that is leaving; if they found some spaces they could lease for a specific period of time in the interim period it might not hold them up from proceding with their development. I just give this to you as a thought. 7, REQUEST FOR CHANGE OF ZONING CLASSIFICATION- LOTS 1 & 2 BLOCK ONE SILVER BLUFF BUISINEES CENJER DEFERRED ITEM The Mayor announced the Commission was now ready to hear any objections to the request for change of zoning. NO OBJECTORS APPEARED. i 1 Mr. Robert Lee Dykes: We're going to make this quick, Mayor. Vice -Mayor and City Commissioners. We're here to ask that this body approve the recommendation of the Zoning Board in rezoning a little house on S. Dixie Highway at 26th Avenue from R-1 (Residential) to R-C (Residential -,Office). We took pictures of this area here and right on the corner is a Sunoco Service Station at 27th Avenue and the highway. Right next to the Sunoco is the liquor store, then a beanbag shop, then Carter Electric Garage, Wheeler's Bait & Tackle, then comes the house in question - this little house where this man lives, Mr. Alfonso. Nest to his house on Dixie Highway is an office building. ,Nest to that is Red Carpet Realty. Next to that is Metropolitan Publishers. Next to that is Dixie Realty. Next to that is Orthopedic Appliances, so on down to 22nd Ave. This is the only piece of property on the highway from 22nd Avenue to Le Jeune Road that is zoned R-1 (Residential) and a piece of this is zoned, thirteen feet of this is zoned R-C. It is 82 feet deep and 13 feet of that is R-C. Mr. Alfonso here has been for sale for 16 months, he cannot sell it, he cannot live there. Mayor Ferre: All right, is there any further discussion on this? Are there any objectors present? Any questions? Reverend Gibson: Mr. Mayor, let me ask this question. I never knew where 27th Lane was until yesterday and I'll tell you I had one devil of a time finding it. I'm concerned, sir and this is not to prejudice the case. We just said this morning we had an interim zoning in the Grove. Mr. Acton, so that I could live with my conscience, how does this fit into our total program? Mr. Acton: This is within the confines of the Coconut Grove Study Area. Reverend Gibson: I thought that was right. I'm asking you now, in view of what has been suggested, what is the difference between what has been suggested and what they're asking for? 40 JUL 2 51974 1 mean we've got to be consistent. Mr. Lloyd: This is not applying for a building permit. He is dealing to build something, he's dealing with an existing structure, a zoning variance.... Mr. Dykes: It is already there, the house is there. Nothing is going to be done at all. Reverend Gibson: But isn't it true that the zoning not only carries with it a building but the zoning carries with it a use? That's what we're concerned about. You know I'm not arguing against it I just want to be consistent. This morning we had all of those people here and those people left here with an assurance tht this was going to be the way we were going to travel and I hope that we are not now going to momen- tarily do other than what we promised those people today. Mr. Acton: I would suggest you defer this item until the Commission has before the zoning in Coconut Grove. What he is asking for is a change in zoning that is not contained within the recommendations of the Coconut Grove Study so it would be proper for the applicant to come back at the time the Commission is considering zoning for the entire area and make this request. Mr. Daykes: May I just say that Mr. Alfonso here is the owner of the house. He lives there now but he can't sell it and he can't live there. His wife is getting neurotic. The cars that go by there are unreal. He's here to testify to this right now. His wife is getting sick over it, she can't leave and that is it. I will take over the property, put in an insur- ance office, beautify it and make it look nice. Mayor Ferre: Mr. Dykes, we sympathize with what you're say- ing but I think you heard Father Gibson and I think he has brought up a point which is... Mr. Plummer: Father, I appreciate your point but let me vpeak 1_o another point and then let me ask the attorney for a ruling. Mr. Attorney, you know we've got to sit here in judgement and if we didn't do exactly by the book we don't even need a Zoning Department. Now, is there any credence to the fact that this man had his application in prior, has gone through due process, has followed the game plan that we put down? I'm merely asking these questions out of fairness. Now, if you agree with Father than it is over but I'm just saying that this man played by the rules that we laid down, the existing rules. H, had an application in prior and, I should shut up. I just out of a moral issue raised that question that he played the game by the rules and now that the end of the ballgame is here we're saying it is raining. Mayor Ferre: Gentlemen, it is almost 12 O'clock. Mr. Dykes: I have Mrs. who is also one of the, head of the Coconut Grove Planning Study. If you would like to hear from Mrs. . Would you mind saying a word about this property on the highway? Mayilyn Reed: Chairman of the Central Grove Association, 3183 Mc Donald Street. I feel safe in speaking for the co- alition associates in that they wouldn't be opposed to this. JL Plummer just laid out some very good reasons for this. It did precedd what went down today. 4.1 JUL 2 51974 Mr. Dykes: 1 took this out on May 8th before all of this esfie about. Mayor Ferre: Mr. Dykes, I'm not recognizing you anymore. Now is there a second to this motion? Mrs. Gordon: Mr. Mayor, I want to ask a question. What Father Gibson is concerned about is you've just in effect placed a moratorium on that area and in the same morning you're taking an action which is not in compliance with t)at previous action. Mr. Lloyd, will you tell me from the Legal standpoint have we a problem with regard to this? Mr. Lloyd: No, this is not a problem in that area. You may still exercise your discretion in issuing a zoning permit, variance or denying it... A zoning change, I mean. Legally you ctn. Mrs. Gordon: But morally we can't. Mayor Ferre: But you didn't ask him a moral question, you asked him a legal question... Mr. Lloyd: The building is existing. That is important. Mr. Acton: Mr. Mayor, may I make one comment here? The Commission has set the date of September 19th at 5:00 O'clock to hear the Coconut Grove Plan so what in effect you'd be doing is deferring action on this particular proposal until that time. Thereupon a motion to defer action on this item until September 19th was introduced by Reverend Gibson, seconded by Mrs. Gordon and passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plunuer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 8, MIRERATIoNST�OF EXTENSION OF WAIVER OF DEVELOPMENT OF OFF-ST. CE S.E. CORNER N.W. 5 AVE AND 34 STREET Mr. Art Green: Mr. Mayor, and members of the Commission, my name is Art Green, 4115 N.W. 7th Avenue and I shall heed your admonition, Mr. Mayor. I had a long speech all prepared which I shall reduce to about two minutes. You have before you the reasons why the building inspector recommended that the variance with respect to the parking should not be extend- ed. With respect to the first reason I call your attention to the fact the inspection was made on June 17, 1974 after a very heavy rain. The required wall around the parking area was found to be in a state of deterioration. He is right. I have the pictures if you would like to see them, where the people ran into the fence but I also have a contract signed sealed and delivered... Mr. Plummer: Art, I'm going to cut you short. Mr. Mayor, I'll make a motion at this time that we extend it for a per- iod of 60 days giving him the right to bring it up to snuff and at the end of 60 days we will judge the factor of whether or not he has shown good faith. The following resolution was in roduced by Mr. Plummer who moved its adoption: 42 JUL 251974 RESOLUTION NO. 74-623 • A RESOLUTION GRANTING APPROVAL FOR CONTINUED warm ?'FOR 60 DAYS FOR THE DEVELOPMENT OF SIX OF THE 27 REQUIRED OFF-STREET PARKINi' SPACES, AS PROVIDED BY ORDINANCE NO. 6871, ARTICLE =III, SECTION 2(6) (c) LOCATED ON LOTS 10, 11, AND 12, BLOCK 3, NORTHERN BOULEVARD TRACT (2-29) BEING 3333 NORTHWEST FIFTH AVENUE, LOCATED IN AN R-3 (LOW DENSITY MULTIPLE) DISTRICT, (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by thefollowing vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: Art, I'm sorry we won't have the pleasure of hearing your two minute speech today. You can give it some other day. Mr. Lloyd: Mr. Clerk, just change in the resolution the waiver of one year to 60 days. 9. CHANGE ZONING CLASSIFICATION LOTS 5 THRU 12, BLOCK 1 FLORAL PARK FIRST AMD FIRST READING ORDINANCE Mr. Jack Gordon: Mr. Mayor, my name is Jack Gordon. I'm appearing here as the president of the Washington Service Corporation which is a wholly owned subsidiary of Washington Federal Savings and Loan Association. I'm simply here to state that our position in this matter is that we have pur- chased this property and arranged to sell it to local com- munity developers who will use a local community contractor to build 18 townhouses which will be for sale, we assume at the rate of approximately $30,000. We're simply interested in seeing whether a total private initiative approach to decent owner -occupied housing in the Model Cities area makes any sense and can be done and we've put up our money to see if it can be done and we're insisting that the entire devel- opment be by people who are resident there whom we know and who we want to work with. You can hear from them about that situation. One question that was raised was whether there is any intention to do anything else with the property if such a zoning were made and I can assure you that we have no intention of doing anything else except to build this particular townhouse development. If for some reason that cannot be built we will be very happy to have the zoning revert to whatever it was. Mayor Ferre: Senator, excuse me. In the interest of time Pother pibson has a question. Reverend Gibson: I've been out there and I saw the site. Immediately, I was turned off. I just said no, no, no. Now I think you who are objecting ought to understand that if you let that zoning remain there you could get a much worse deal than you now have. What I would like to ask, Senator, 43 JUL 251974 is two things. I would hope that the people in that area would be shown because I know as a layman sometimes I cannot in gins what is on the paper. It might well be that the people who probably would object or have objected would see what you're talking about because immediately I think they thought about low cost housing and some of the other things. 1 want them to know, experience has taught me that you can get a much worse deal with the zoning that is on there now than if you go to what they're asking. Now I would hope that they would address themselves to that phase of it. Now you need to know that you, the same thing that is on the other side could go right where that piece of land is and I want you to know I have no interests. I just want to make sure you are aware. Mr. Gordon: I would just like to say, Mr. Mayor, that I per- sonally would not be a part of a project that I thought was going to degrade the neighborhood. We haven't made a loan on rental housing_in that area for 15 years because we never felt that any of it was worth doing. But the men who have developed the project, Reggie Burton, Williard Frasier who is the architect, they have been in the community. They can explain anything you want. Mayor Ferre: All right. Jack, hold on, now let's see the objectors. Who are the objectors to this? Would you please raise your hands. How many of you want to speak this morn- ing? Let me put it a little stronger, how many of you need to speak? Two, all right. I'll recognize you right now. Mr. Plummer: Do we have a set of plans anywhere on this thing? Mrs. Gordon: Senator Gordon, how many units were you plan- ning to put in there? Mr. Gordon: They're planning 18 units in that area. Mayor Ferre: A11 right, the opponents. Your name and ad- dress for the record. Mr. L? Kennedy: I live at 1400 N.W. 53 Street. Mayor Ferre: Are you here representing yourself, a group or what? Mr. Kennedy: I'm here representing the home owners and my- self as a home owner. I hate labels really, Mayor. Mayor Ferre: Yes, but unfortunately, you know in these due process things you've got to have who you're here speaking for. Now i understand you're here speaking for yourself. Mr. Kennedy: And the home owners in the community, sir. Mr. Plummer: Excuse me. Now I've asked four times and I haven't gotten an answer. Who's got a set of plans? UNIDENTIFIED SPEAKER: Co..anissioner Plummer, we have the plans as well as slides of comparable developments and I would prefer that you let us present what this development really is and give you the facts and figures prior to hear- ing any opposition because I think you do not have all the facts you just have a brochure there and I would like to give you the facts and figures of this development prior 44 JUL 251974 to hearing opposition.... Mayor Ferret We're going to give you the ap',ropriate time to present the facts and figures if you must and we're going to give them enough time to rebut if they must. I plead with you that we are two and a half hours behind and there are a lot of people on other items. Please make your presentation short. UNIDENTIFIED SPEAKER: Thank you. FirEt of all I would like to address myself to the suggestion by Father Gibson. I assure you we exactly know, or we know exactly what is going into the area. We have met with these gentlemen, we have gone over the photographs and plans, and what have you. But what the Senator said was indicative of what he has proposed in a letter and I couldn't understand one particular phrase in that letter. I could not understand stated;"this leads me to the conclusion that home owners opposition is somewhat short sighted." I must assure the Senator we were not short sighted enough to go into the neighborhood when it was integrated and buy old homes. Now also in this letter the Senator stated that these were homes for low income black families. I will have to apprise the Senator of the fact that this can't be done. Those homes should be open to all people regardless of their ethniti- city. I don't understand why is it that these gentlemen did not come before and help us in just getting a simple red light on the corner of 14th and 54th. I don't understand why these gentlemen did not come along and help us rehabilitate some of the homes in the area. Now Kendricks and Scheyer made a report for Model Cities some years ago and this is my point; that seven and a half square miles was already over -crowded. What are they trying to do? Just like one of the members of the Zoning Board said, these people have moved out from the downtown area for the expressway, from overcrowdedness. What are you doing? Packing them into the same seven and a half square miles. I am sure there is other property. This plan of them, Mr. Mayor, and I'll be through, is just like the Doxiadis Plan which was a sore thumb to us and it has been with us for quite some time. After paying Mr. Doxiadis some $250,000 if I recall, we found out that the plan was not feasible. We are talking about an acre point 1, 1.1 acreage. If these gentlemen, with sincerity, when we asked them at the first meeting before the Zoning Board - will you speak to the gentlemen across the street and have those junked cars moved. They did not do so. They misconstrued the letter from Model Cities and there seems to be very little honesty there. This is what I see it and I think the Commissioners should go along with the finding of the Zoning Board. Thank you. Mayor Ferre: All right, are there further objectors that want to speak? Are there any other objectors that want to say anything at this time? Are you an objector, Dr. Ward? Oh you're for it. I see. On the proponent's side go ahead and make your... And I'll give you time for rebuttal if you want. UNIDENTIFIED SPEAKER: As far as the architectural design of this development the site is presently 1.1 acres as is stated before. We're requesting an R-3A zoning classification which is one classification above R-2. The back side of this prop- erty at the present time is zoned R-2. According to the R-3A zoning classification we're required to put in an abundance of landscaping. They require a maximum length of building and what have you. Theee drawings meet those requirements. The building coverage that we have on tie particular site is 15%. t 45 J U L 2 51974 The zoning code Says it limits it to something like 25 so we're way under that particular element. The open space requirement that we have on this site not including parking is 60%. The zoning talks about something like 40% so we're well over and above that requirement. The parking represents around 20% of the area. Open space is not counted for parking. Now we're only talking two and three bedroom units which indicates right there we're not talking large families. We're talking of an average of 60 persons on this 1.1 acres of land. The housing is for moderate and middle income. The square footages of the two bedroom unit is 968 square feet. If you're familiar with subsidized housing, 236 or 235 their maximum limit is 700. So we're talking of 268 square feet above that The three bedroom unit for 236 and 235 housing which is for moderate income averages a thousand. We're talking 1119 which can probably be increased for a three bedroom unit. All of the room sizes are above the minimum requirement as far as zoning codes and as far as building codes are concerned. Each unit will have a one and one half bathroom in it. We have provided hook ups for washers and dryers. There will be.a dishwasher included in the unit as far as the sale of it. Now some other things to clear up the site planning... Mrs. Gordon: Is this a rental? UNIDENTIFIED SPEAKER: This is a concominium for home owner- ship, not rental. Mr. Plummer: Let me state one thing and then I want you to go on the record. You are in fact stating for the record and binding yourself to this proposal. You understand that? UNIDENTIFIED SPEAKER: I understand that. There will be 18 units on this site. Mr. Plummer: I'm saying that the proposal in front of us is what you're binding yourself to. UNIDENTIFIED SPEAKER: Right. Mr. Plummer: Ok, so long as it is understood. Mayor Ferre: With all due respects to you, if you'll for- give me for interrupting you, you don't have to go through all of the details... because really I don't think it is czoing t-a have that much of a difference in the final vote. UNIDENTIFIED SPEAKER: Just One point that I think the Com- mission has to know. There might be people that are worried about the traffic along 54th Street and I think this is very important that the Commissioners know this. The way these units are designed we did not face any units towards 54 Street. If you'.e'worried about the kids playing out there. It's small families in this development, the recreation area is towards the rear of the property and it is shielded by the buildings as a double entity there. The third thing is that the code requires us to put a six foot wall in the back of this property which butts up to the R-2 zone. In addition to that they require us to put shrubbery in front of that wall and again they require us to put one tree every 50 feet. Mayor Ferre: The parking goes out on 15th Avenue, not on 54th. UNIDENTIFIED SPEAKER: Right. The last point is that the existing houses in that area, there are only three, four that 1, 46 JUL 251974 butt up to the back of this property. There is a church that butts up to the other portion. You cannot see 18 feet from 53rd Street because the building is only 18 feet high and in addition to that everyone of those single fancily homes behind this has a 25 or 30 foot tree, that the foliage on that tree is around 25 feet. So landscaping, you can't see it from the other side of the street. Mayor Pierre: Ok, do you have anything else you want to add? Mr. Kennedy: Yes sir, Mr. Mayor. I am not saying to Reggie Burton that we do not approve the plans. We are saying, point 1 there is overcrowdedness. We are saying we would like to have the services extended. We are saying that in- surance rates have gone up in the area because of crime. We are saying that there are bars on the homes there already. We are saying to you will you please try to purchase some property in another area because of the overcrowdedness. We have talked about the asphalt jungle. We have talked about very little construction going on in the neighborhood. We have talked about the condominium concept but when you say to me and to the rest of us you're going to place the wall - it frightens me. Because for so long I saw the wall on 12th Avenue and 62nd Street tht segreljated the whites from the blacks for many years and Father Gibson knows this. They said to us that they would 18 units to 16 units but now they say 18 units. Father Gibson, I'll be happy to have you answer that. This is what we're saying and there is a lot of con- gestion there... Mr. Plummer: The wall is how high? Mr. Gordon: The wall is 6 feet high and it is required by R-3A zoning. That is a requirement. Mr. Plummer: It is required by what zoning? GROUP: R-3A. Mr. Plutemer: Mr. Acton, is that R-3A extend to the back as well as the sides? UNIDENTIFIED SPEAKER: This is only on the back... we didn't put it on the side. Mr. Plummer: There is no wall at all on the sides? UNIDENTIFIED PERSON: No, only on the back. Mr. Plummer: k All right. Is there a buffer between the property line and the wall? UNIDENTIFIED SPEAKER: No, the wall can be built on the prop- erty line. They have an existing chain link fence six feet high right now abutting that property. Mr. Plummer: Mr. Acton, is there any reason that we couldn't allow them tomove that wall up five feet and landscape five feet between the wall and the property line? Mr. Acton: No. Commissioner Plummer, I do want to point out that it is the same zoning that we have applied along Brickell Avenue between the R-5A and the R-1. Mrs. Gordon: How are you gong to maintain it? 47 'J! I. 2510-A AO Mr. PltMmer: Well 1 opposed that eo that's nothing new. George, do you Want to bay anything else? Mr. Acton: 1o. 1 say the projects that are going in along frickell Avenue do have a six foot wall on the property line with the landscaping inside but in answer to your question: Mo, there is no reason why they couldn't move the wall five feet in if they agree to that but you can't make it condit- ional upon the change of the coning. You could do it by requesting it but they're not obligated legally. Mrs. Gordon: How would they take care of it and maintain it? It would become an eyesore. Mr. Acton: That's the problem, Commissioner Gordon. Mrs. Gordon: I think it would be a detriment not an asset to do that. Mr. Acton: That's right. UNIDENTIFIED SPEAKER: Mr. Plummer, that wall that you're referring to where the fence is presently, the lady who lives right next to that wall, opposite that wall and adjac- ent to the church house was robbed two weeks ago, completely stripped. Now that wall, I do believe, as naive as I might be and as slow as I am, intrinsically, that wall will contri- bute to crime. We're not talking about the aesthetic part of this. Mr. Plummer: What kind of wall is proposed? Is it a louvered or is it a solid? UNIDENTIFIED SPEAKER: It is a screen type, well the code just says a six foot wall but we haven't gotten into the de- tail as to whether this wall is going to be solid or screened but the point is the wall was put there because the Code re- quires that type of situation where it abuts up against an- other zone. It is a decorative wall required and landscaping. Now if we put the landscaping on the other side of the wall who is going to maintain it? Mr. Plummer: I understand, but if I had to be on the other side I would rather see the louvered type of wall because not only is the fact that it doesn't give the barricade type of effect but it at least will let breeze blow through. Mayor Ferre: J.L., excuse me. It is 12:10 and we have 18 items to go through. Mr. Plummer: Mr. Mayor, I concur with you wholeheartedly but let me tell you something, Mr. Mayor. This is these people's day in court and I'm going to sit here if it is until midnight because I'm not going to cut anybody off at the path until my questions are answered. Mayor Ferre: I realize that but you see my job as chairman is to let everybody equity but also to move on so that other people who are here on other items can be heard too. Mr. Plummer: Pine, Mr. Mayor. You're the one who is solely in charge of this agenda. If you want to come down to a basis of unfairness this agenda with 63 items is ridiculous. Mayor Ferre: So therefore, I think it is in everybody's 48 JUL P F 1974 • • interest and it's in my judgement as chairman of this board to try to keep people from repeating things. What happens is that somebody Makes a statement and then they start re- peating it and they say it the third time and the fourth time and we keep going back and saying the same thing over again. R'ow once we get an answer, a question and an answer let's move onto the next item. UNIDENTIFIED SPEAKER: Ok. I have several other points that I have not stated and I think that they need to be stated. The first being that according to the landscaping the developers are willing to landscape the back end as required. If the Code would alleviate the wall we would be happy to put a hedge there which would give a softening affect. But I think that the very important things that we're missing here is that in the beginning we went to the Zoning Board. They re- quested us to go to the appropriate agencies. We did that. The agencies gave their approval which you should have copies of. They then requested us to go the Model Cities administer- ing board which we did. The Model Cities Administering Board did state that the development is in concurrence with their accepted land use plan as of 1972. So this development con- curs with their proposal. The third thing is that I'd like to state that everybody talks about building housing in the Mode Cities area - nobody is doing anything. Now here is a young group of Black developers without any assistance from anybody else but a financial institution willing to put up housing for the residents. I think this development would be posit- ive. On top of that, I am also the planning consultant for the Model Cities area which gives me a double role and hat on this particular element. There has been a zoning recom- mendation that 54th Street be totally rezoned C-2 which would eliminate those industrial type uses which would be detrimental in the long run to the residents in that area. If you're fam- iliar with what is along 54th Street or 17th Avenue then they know what I'm talking about. Mr. Plummer: Let me ask a quick question if I can because I can appreciate these problems of concern. Would you be agree- able to this: If we can waive it to put a four foot louvered fence with landscaping on your side then the people are not cut off at eye level, they can enjoy the landscaping, they can see. I think that is a beautiful compromise. Mayor Ferre: Is that agreeable with you? UNIDENTIFIED SPEAKER: That's agreeable. Mr. Plummer: That way you've got your fence, you've got your landscaping, you've got everything. Mr. Kennedy: Mr. Plummer, undoubtedly I haven't gotten through to you, undoubtedly I haven't. I will restate the fact - we don't want any people, any more people in the immediate con- gested area. Services have been dropped, property has Lecreas- ed in value. Model Cities did not agree with this group. The last paragraph, not the last paragraph, the second to the last paragraph states that. And it states, Mr. Mayor, I'll be through in just a moment; this motion to was covered by a fifteen yes, ten vote no margin. This board also wishes to inform the Zoning Board that its action not be construed as being representative of the residents adjacent to that site. UNIDENTIFIED SPEAKER: Mr. Kennedy, I think you need to read the first half which says; is in concurrence with their proposed 49 JUL 2 51974 and accepted land use plan as of 1972. Mr. Kennedy: One final point. The people who live in the imediate area are not here because of their jobs. I have in my hand, I said of the immediate area, I have here signa- tures of people living on 53 Street, 52 Street, 51 Street, 55th, 56th and 57th. This is what we're talking about. We are talking about people in the immediate area, Mr. Mayor, not for seven aad a half miles. Mayor L�'erre: All right ladies and gentlemen, in my opinion we've heard both sides and it is really time for us to vote. Does anybody else want to make a statement? Then let's see, do we have a motion? Reverend Gibson: Mr. Kennedy, again if anybody knows about that wall, I do. ..so I don't want you to think I'm unmind- ful, the zoning code is of such th:t the wall is necessary though we're, the suggestion is that we reduce the heighth of the wall. Ok, what I think all of my people need to under- stand, and I don't want anybody to get emotional about this, that all that bad looking business that you've got out there now, you could have some more, you could have a multiplicity of it and all of that other business. I want to concede that when I first got the document I reacted adversely and I want to tell you this. I'm saying to you what I say to all of the people who come here and I just think you need to understand this... Mr. Kennedy: Mr. Mayor, a point of clarification. Father, there has been MH housing on the corner of loth which is a lovely building. There is a Tri-Arts building right across the street which is a lovely building. All we have to do, Father, I believe is enforce the ordinances that are on the books presently. Make the people clean up the area. Reverend Gibson: You see, what you don't understand and I think out of fairness to these people No. Listen to this. These people aren't responsible to see to it that all of those old cars be moved. Wait a minute! Because you made that reference. The City is responsible to see to it th-t the area is kept decently inhabitable and I don't think you ought to make a developer, a man who owns a piece of land come do what the City is authorized by law to see that it is done. Now if you get nothing else out of this, I hope, Mr. City Manager you heard what this man said. And let me say this. He is telling you the truth. He's telling you the truth because I've seen it myself. Now I want to say again for the benefit of the people who live out there. If you let that area stay under the present zoning you can get a devil of a site worse situation than you have based upon what these men are asking you to do. (APPLAUSE) UNIDENTIFIED SPEAKER: Mr. Mayor, as a developer for this complex may I say that we, since the time that we've gone to the Zoning Board; we were denied by the zoning board; have made every endeavor to go through this community and make people aware of what this complex is involved, what is involved in this complex. I have here, I'm sorry because I have to say it, because the people who have helped me do this are here. We have walked in this community inviting people, hand deliver- ing invitations to come to meetings so tht we could explain our plans to them, so that we could sit down and rationally talk about these plans. I have photos of billboards that I putout on the property inviting the people to come to the 50 JUL 251974 various meetings and they have not come. I shouldn't say that because there are some people... Mayor Ferre: All right, would you all raise your hands so that we can recognise you, those of you that are here..,. Mr. Kennedy: MR. MAYOR! None of these people live in the community. UNIDENTIFIED SPEAKER: May I say, Mr. Mayor, may I say in addition that we do have some property owners from the com- munity including the pastor of the church who is adjoining the property that is adjacent to ours. Mr. Kennedy: He doesn't live there. UNIDENTIFIED SPEAKER: Here to speak in our behalf. Mayor Ferre: Look, so that you don't have any concern we recognize the fact that most of these people that are here that ate helping the proponents do not live in that neigh- borhood. All right? On the record. Now go on. Mr. Kennedy: May I show this as an exhibit? This is the type of attitutde that has been exhibited by this group be- cause of the support of Washington Service Corporation and it states. Now hold on, we have investments in this: Final notice. In other words you boys had better get out there and see what's going on. "You are hereby notified of the final community forum concerning a proposed 18 unit townhouse condo- minium complex on N.W. 54th Street and 15th Avenue." Final notice. We've only been there for 15 years. UNIDENTIFIED SPEAKER: Mr. Mayor, that final notice was the result of having two prior meetings and there was a request, a plea on our part to try to bring some people out so that we could explain what was going on. We realized after the first two meetings obviously there was someone in the commun- ity undermining the people, to keep them from coming to see what we had to say... Mayor Ferre: Wait a moment because this is going to start getting heavy now. I think we've done enough talking and everybody knows what's involved. Mr. Kennedy: That is rather heavy. Mayor Ferre: I think it is time for us to start moving on which way... Now does this Commission have a will at this point? Is there a motion of some sort? Reverend Gibson: Mr. Mayor I'm not going to back down from what Theodore Gibson believes. Having seen the area, living where most of us live, knowing what can happen to you I'm going to offer the motion that you accept this project. Mrs. Gordon: I want to say something and then I'll second the motion. Mayor Ferre: Wait a minute, so I can understand the motion, Rose. The motion is a reversal, is this technically right, Mr. Lloyd? Mr. Lloyd: What you would move, you would move the ordinance changing the zoning. 51 JUL 251974 Reverend Gibson:k, I move that. Mayor Ferret Move the ordinance changing the zoning. All right, Mrs. Gordon. Mrs. Gordon: I want to say.... Mr. Plummer: Is there a secorid on the motion? klrs. Gbrdon: I did but I want to speak to it because I haven't said anything yet, how I feel. I know that we in the City and :Al the County too are searching for ways to bring about more housing. We're looking for every avenue that we can find to finance development because of the critical shortage of places for people to live, decent homes for people to live. I under- stand you've made a statement which showed your concern for crowding the neighborhoods. However, I'm looking at the map in front of me and all of the surrounding area is R-2, not R-3, not R-4. R-3A which is the classification that we're deciding on today is a'high-classed type of classification. It limits the number o:° people and it requires a great amount of open space and amenities on the property. So therefore, and with all of these things in mind I'm for it. I'm totally for providing decent housing for people and this is a step in that direction and I'll second the motion eagerly. Mr. Plummer: Father, are you including or can we legally in- clude the reduction to four foot of the wall? Mr. Lloyd: You cannot legally include that.... Reverend Gibson: Let's get Ron, two things. Are you willing to reduce the height of that wall on your own? UNIDENTIFIED SPEAKER: Right. Reverend Gibson: Another thing UNIDENTIFIED SPEAKER: They'll have to give us a variance to reduce that wall down to four feet. Reverend Gibson: All right. They'llwork that out. The other thing, Ron. I don't want you to come and ask us to change this zoning and then you know afterwards, do you understand what I mean? I don't want you to come here and change this zoning... Mrs. Gordon: I read a letter tht said something about a deed restriction on the property. Reverend Gibson: Right. I want to get it on the record that you are agreeing to these restrictions to do only that which you said you're going to do. Mr. Plummer: You cannot do it. That is illegal, Father. Mrs. Gordon: No. I'll read the letter that I have before me and then they're on their honor: "In the matter concerning the rezoning of the property on N.W. 54 Street it has come to our attention that many of the fears of the residents in oppo- sition to the development are equally shared by the developers. To insure the residents that the complex will be developed as stated we have negotiated through our financial institution to place a deed of restriction on said property. This deed will insure townhouse condominiums will be developed on this 52 JUL 2 51974 41 pfoperty." I read that in so that it will then be a part of the public record. Thereupon the City Attorney read the ordinance by title. An ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 6871 THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZON- ING CLASSIFICATION FOR LOTS 5 THRU 12, BLOCK 1, FLORAL PARK 1ST AMD (8-5), LOCATED AT THE S.S. CORNER OF N.W. 54th STREET AND 15 AVENUE, FROM C-5 (LIBERAL COMMERCIAL) TO R-3A (LOW DENSITY APART- MENT) . was introduced by Reverend Gibson, seconded by Mrs. Gordon and passed on its first reading by title by the following vote -AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. On roll call: Mr. Plummer: In voting yes, let me state that Y feel in good faith that this is going to be a start for, or hopefully a start in upgrading the area (1) and (2) serving the need of housing which is so great in the area. I vote yes. Mayor Ferre: In casting my vote I want to very honestly, and I hope you accept this sincerely, say that your neighbors, the people in the neighborhood are very important and are really paramount in government.; except when the welfare as society as a whole, as those who govern feel that it is being impared or hurt. So that then you have a conflict between the will or the right of an individual and the right of society as a whole and it is a very thin line. Now the #1 need; this morning we were talking about Jack Orr who just passed this morning, passed away; the #1 need in this community is housing, good housing. #2 As has been stated many times and I concur it is not how many people you stack together but how you stack people because there are high density units in many parts of the world that are absolutely beautiful and a pleasure to live in. It all depends on whet you put with it, what you put with it, what kind of garden space, what kind of amenities, what kind of landscaping, what the recreational facilities are. So to me this type of project speaks in that direction. My only wish is that - Senator Gordon, are you still here? - that this not be the only project that you do in areas that need it and that we find because the need is in finding money, that we find enough money to continue this type of a project so that hopefully soaday we will have a community that we can all walk with pride in. I vote yes. (APPLAUSE). Mr. Kennedy: Mr. Mayor, I would like to sincerely thank the Commission. I would like to ask one question. What is the avenue of appeal? Mayor Ferre: The courts. Mr. Kennedy: We'll meet again. The City Attorney announced that each Commissioner had been furnished with a copy of the ordinance and that copies are available to the public. 53 JUL 251974 CE f in CHANGE NG CLASSIFICATION LOT 571t BISCAYNE HEIGHTS GRIFFING SUB DENIED BY MOTION Mayor Ferret Are the applicants on item 9 present? Mr. Robert Korner: I'm an attorney. I'm here representing the owners of this property, Mrs. arable and Mrs. Flood. I believe that you may observe the property best by looking at this map. The subject property is a portion of the property owned.... Mr. Plummer: Wait a minute. Mr. Simpson, get out there and scream at them. Wait a minute Bob, there's two gone. This meeting will stand in a redress. Vice -Mayor Reboso: Let's take a five minute break. Thereupon the Commission recessed for five minutes. 10.A. RECOGNITION OF THE CITY OF MIAMI'S 78TH BIRTHDAY AND PRESENTATION OF CAKE. CONTINUATION OF 10. REQUEST FOR CHANGE OF ZONING LOT 57 BISCAYNE HEIGHTS GRIFFING SUB. Mayor Ferre: All right, let's go back to the regular agenda with our apologies. We're back to item #9. Where is Sydney Aronovitz? Sydney, after we take up item 9 maybe Commissioner Aronovitz who served the city for many years and who has been patiently waiting all morning, how long will your item take? All right. As soon as we finish here then I'll recognize you for 111 minutes. All right. Go ahead quickly now. Mr. Kokner: I would call your attention to this map. The subject property is shown in orange here and this is the portion of these owner's property that is being requested to be rezoned to R-4. Just this much of their property. They also owe this part also but they are requesting that the port- ion of their property that is immediately south of the apart- ment zoning to the north be rezoned to allow apartments also. You'll notice that it is across the street from apartment zoning; it has apartment zoning on the west side and it has a single family site will be left here. This same owner has this and they will build a single family facing Dixie here in order to provide a buffer for the predom- inately single family area to the ease. The planning staff, I'm sure would agree that it is more desirable to change zon- ings at a rear lot line as it's done here and would be done here rather than across the street. The effect of a single family house across the street from an apartment complex is much more damaging than a single family house that backs up to an apartment project. We feel that the proposal here will accomplish the correction of what would otherwise be a poor zoning configuration to wit single family zoning across the street from apartment zoning and really on the same street with almost exclusively apartment zoning and many apartment buildings. We have here the picture of the house that is on the property now. As you can see it is of an older design and is suffering from economic obsolescence in that it is not the kind of a home that people would normally find desirable today. Also in this same neighborhood are a great many apart- ments. These apartments are located, all the apartment pictures •-- that I'm showing you here are located on N.E. 83 Terrace 54 JUL 251974 r," • between this property and the boulevard on either the south side or on the north side. You can see that it is predominui ently an apartment district and this is really the character of the neighborhood, fairly well established and certainly the rebuilding of this neighborhood would anticipate continued apartment construction. This is probably the newest building that's built on 83 Terrace. Mayor Ferret In the interest of time now, can you wind it up? Mr. Kbrner: Yea, Mayor. Directly across the street and north of the subject property are these two apartment build- ings. Mayor Ferre: Is tilt across the street or adjacent to it? Mr. Korner: No, it's right up here. These two buildings right here. Now we are not asking to build apartments in a single family area. We're asking to build apartments in an apart- ment district. This area east of Dixie Highway is complete with very nice homes and I can understand the people east of Dixie Highway being concerned about their neighborhood and this is the reason that we have very carefully buffered this site from Dixie Highway with two single family sites. Traffic in this neighborhood is a problem. This proposed project will require replatting which will adequately provide for the nec- cessary dedications on 83 Terrace and East Dixie Highway. This is the most that this owner can do to alleviate the traffic condition. Mrs. Gordon: Mr. Acton, why are you, explain your depart- ment's recommendation. Mr. Acton: Commissioner Gordon, I'll read the last part of the recommendation which states: A great many single family residences still remain in the area within the R-4 zoning classification and further expansion of apartment zoning to the east would adversely affect present living conditions in the immediate neighborhood as well as jeopardizing the amen- ities of single family neighborhood east of Dixie Highway. Sanitary sewers in the area are both antiquated, not being designed for R-4 density and badly over loaded. There are numerous single family dwellings. There is one right across the street on the north from the proposed change of zoning but they're dispersed throughout the area and we're of the opinion that a change of zoning, further increasing of R-4 density; would over load the public intrastructure, the traf- fic problems, the public utilities and it is not warranted in view of the amount of R-1 use sites in the area that have not been developed for R-4 uses. Mr. Plummer: How long have the present owners owned this property? Mr. Korner: They purchased the property in 1963, 11 years. They live in the home that is there now. Mr. Plummer: Are they the ones that are contemplating build- ing? Mr. Korner: No, probably not. It will probably be developed as a joint venture with them and a contractor and financial institution. They cannot do it on their own without outside assistance. 55 JUL 2 51974 • • Reverend Gibson: Mr. Mayor, 1 want to raise a question for the Commission. For you who have not been up there either we ought to have the Planning Department look at that whole area or we ought to say no. Now I went up there and you just have a multiplicity of all kinds of things up there. I was disturbed. Across the street you just got through building some very fine new homes to the east. Isn't that right? And to the west where he is advocating is this single family out- fit and then dome adjoining single family outfits then all sorts of duplexes and highrise and all of that business. It seems to me that out of fairness to us either the whole area, both sides of the street ought to be studied and try to bring all of it together as being one and the same or either we ought to do nothing. I just don't see how we got all of those apartments, all those duplexes there then the single family homes all interwoven, intermixing there. That is a mash -mash of everything. Mr. Plummer: Mr. Mayor, let me make a comment. Mr. Korner has not presented anything that changes my mind and I really don't think we need to hear from the objectors unless he has something he can use to change my mind I'm ready to offer a motion. Mayor Ferre: Now Mr. Acton, do you want to say something at this point? Mr. Acton: I just want to state to the Commission that the department has the area from 79th Street north to the City Limits from Biscayne Boulevard to the Bay under study and expects tomake recommendations on this area to the Commission within the next two months. Reverend Gibson: Mr. Mayor, he has answered my question be- cause I was really perturbed. Mr. Plummer: I don't want to preclude the objectors unless they've got something to say I'm going to make a motion to deny. If somebody wants to speak go ahead but if you don't want to speak I'll go ahead and make my motion. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-624 A MOTION DENYING THE REQUEST FOR CHANGE OF ZONING CLASSIFICATION FOR THE NORTH 100' OF THE WEST 182' OF LOT 57, BISC- AYNE HEIGHTS GRIFFING SUB (2-78), LO- CATED AT APPROXIMATELY 760 N.E. 83RD TERRACE, FROM R-1 (ONE FAMILY) TO R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT. Upon being seconded by Reverend Gibson the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mayor Ferre: The item has been denied. Mr. Korner: Mr. Mayor, with the Commission's permission I would like to submit these photographs as exhibits. Reverend Gibson: Mr. Mayor, before they leave, I think Mr. JUL 2 51974 Acton ought to give these people time hope of how 'con that study ip going to be through rather than just leave it up in ids -sir because as I said it is a inieh-4 naah of everything up there now. Mt. Actont Yes, sir. I stated that we expect to conclude the study within a two Month period of time. Mayor Ferret Thank you for your patience this morning. 11, EXTEN 'CONDITIONAL USE INTERIM PARKING LOT S.W. CORNER OF S.E. STREET AND 2ND AVENUE Mr. Plummer: Sydney, before you start talking can I cut you short? Mr. Sydney Aronovitz: Yes, sir. Mr. Plummer: Are you agreeable to submitting to the lighting board; that seems to be the bone of contention. Mr. Aronovitz: Mr. Plummer, the problem is that a year ago we had an estimate of the cost of lighting that lot and the estimate was $30,000 to $40,000 then. Now to do that for a one year expense it doesn't pay. That's the problem. Mr. Plummer: But I don't believe we can waive it. That is the point. Mr. Andrews: Mr. Mayor and members of the Commission the idea is tint the ordinance requires that those areas that are used for this purpose come under the full review of that board. Mr. Aronovitz: In other words subject to review of the board? Mr. Andrews: Yes. Mr. Aronovitz: Can the boar! make some adjustment on this? Mr. Andrews: Oh yes, but it has to go before, we wanted you to know that so that... Mr. Aronovitz: If the Commission would grant an extension of the conditional use subject to our appearing before the board that would be fine. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-625 A RESOLUTION EXTENDING FOR AN ADDITIONAL YEAR THE CONDITIONAL USE GRANTED THROUGH RESOLUTION NO. 43228 AND EXTENDED FOR A ONE-YEAR PERIOD BY RESOLUTION NO. 73-109 AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION NO. 2(8) (a), TO PERMIT INTERIM PARKING ON LOTS 38 AND 39 AND PORTION OF BLOCK B, FORT DALLAS PARK (4-85) TO BE PAVED WITH OIL AND SAND, WAIVING INTERIOR AND CERTAIN EXTERIOR LANDSCAPING REQUIREMENTS FOR A PERIOD OF ONE YEAR, LOCATED AT SOUTHWEST CORNER, SOUTHEAST FOURTH STREET, AND SOUTHEAST SECOND AVENUE IN A C-3 (CENTRAL COMMERCIAL DISTRICT) 51 J U L 2 51974 SUBJECT TO REV/EW SY THE OFF�S'TREET PARKING LOT LIGHTING BOARD. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, ReV. Gibson, Mrs. Gordon, Mr. Plumper and Mayor Ferre. NOES: None. 12, TEMPORARY EFERRAL AGENDA ITEM 10 - APPLICANT DID 1V0T. APPEAR Mayor Ferre: Take up item 10, 1900 Brickell Avenue, appli- cant Mr. Suarez. Is he here? Is the applicant for item 10 here? APPLICANT DID NOT APPEAR. Thereupon a motion to defer was introduced by Mr. Plummer, seconded by Rev. Gibson and passed and adopted by the follow- ing vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. Reverend Gibson: JL, I'm glad you did that because that man is out of town and won't be back until tomorrow. Mayor Ferre: Is there anybody here to speak to items 11, 12 and 13 which has to do with the Latin Community Study? Is there anybody here to speak on the Latin Community Study other than staff? Is there anybody as an opponent or as a proponent of items 11, 12,.. Is 13 included in that? Mr. Acton: Eleven and twelve, eleven, twelve, thirteen and fourteen are all the result of the Latin Community Study but 11 and 12 go together. Mrs. Gordon: Can we hear that later because there are people that are waiting now. Mayor Ferre: Is there anybody here on items 11, 12, 13 or 14 that wish to be heard? Ok, take up item 16. 13, PRESENTATION REGARDING DEVELOPMENT OF THE FLAGLER BANK CENTRAL SHOPPING PLAZA Carlos Arboleya, 1941 S.W. 23 Street: I place before you a memorandum which I will be happy to read if you so desire. Mr. Plummer: Carlos, let me try to cut it short. Do I under- stand that what in fact the only thing you're asking for here this morning is to expedite a hearing before the Planning Board? Nr. Arboleya: That is correct, Mr. Plummer, so inorder that we may come before this Commission as required. Mr. Plummer: All right. Is there any objection to expediting a hearing only? Now I'm not talking to the speaking to the 58 `JIlt 25107A • • aBpeCta of the case, just to expedite it either to approve it or get it over with in a hurry. That is all we're really talking about. is there any objection to that? Mr. Simpson: Mr. Mayor, while he's Coming, this public hear- ing is before the Zoning Board not the Planning Board. I call this to your attention because they referred to a meeting of July 31 in their memorandum. That is before the Planning Advisory Board. The next scheduled hearing of the Zoning Board is September 9 and this item a, b, and c is scheduled on that hearing as of this time. Mr. Jasper Andre, 960 N.W . 35 Court, Grapeland Heights: All I want to make sure anything in reference to this case is done in the evening where our representative people and residents can apply. Mr. Plummer: That is the normal procedure, isn't it dave? Yes, the Zoning Board always meets in the evening. W. Jasper Andre: Ok, that's all I had in mind. Mayor Ferre: Jasper from the letter that I saw from Hector and I think you signed it, too didn't you, or you were involved in a meeting at Grapeland Heights and you were for this? Were you for this? Mr. Andre: We're not against the bank, not at all. The only thing we have is objection, where it is going to be put in and the elimination of the buffer zones. Mr. Plummer: that. We're ions what is Mr. Mayor, I'm trying to avoid getting into here on one purpose. Now if there is no object - the date of the expedited date? Mr. Simpson: The earliest possible date the Zoning Board can meet is August 9th which is a Friday evening. That is the earliest possible. Upon receipt of this request I did hold each of the board members who normally have vacation during August and I would like to inform the principals in this that on August 9, one member of the board informs me that he will be out of town. He plans to be out most of August which is not going to help the situation. Mr. Plummer: They understand that. Mr. Simpson: I want them to be aware that there is a poss- ibility that only 6 members will be there. Mr. Arboleya: I'm aware of that sir. Mayor Ferre: That's a chance you'll have to take. Mr. Plummer: Let anybody come back Mr. Simpson: Mr. possible. I have and the legal add me interject this. Dave, please don't let here and say they weren't notified. Mayor, this is why the 9th is the earliest the signs ready to post tomorrow morning plus the notices ready to go. Mr. Plummer: If you notice, I didn't put a date down, you did. Mr. Simpson: This is the earliest date that we can do it. 59 JUL 251974 Mr. Plu r: you'll notify everybody within that time frame under the normal prooedurea because 1 don't want anybody com- ind down here screaming at me or the Commission: "I didn't get & letter." Mr. Simpson: We'll notify everyone we have on the previous three public hearings. Mr. PlumMers Thank you. sir. The following motion was introduced by Mr. Plummer who roved its adoption: MOTION NO. 74-626 MOTION REQUESTING THE ZONING BOARD TO SCHEDULE, AS SOON AS POSSIBLE, THE APPLICATION OF THE FLAGLER BANK FOR DEVELOPMENT AT N.W. 7TH STREET AND DOUGLAS ROAD. Upon being seconded by Reverend Gibson the motion was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 14. RESOLUTION OF CONDOLENCES TO THE FAMILY OF THE LATE ABE GQLDMAtl Mayor Ferre: Is there anybody here representing Abe Goldman? Is the family of Abe Goldman being represented here? The following motion was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-627 A RESOLUTION EXTENDING SYMPATHY TO THE FAMILY OF ABE S. GOLDMAN. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. Mr. Plummer: Mr. Mayor, I would like to have the honor of delivering•that resolution to the wife, Jane personally. Mayor Ferre: All right. Does anybody have any objection to that? Mrs. Gordon: Would you allow company? Mr. Plummer: Oh sure. I just don't want it sent out by messenger. I would personally like to take it. I'll let you know. Mrs. Gordon: When you go let me know and I'll go with you. 6.0 JUL 251974 f to Mr. Lloyd: Will the Clerk prepare a certified copy of this resolution for delivery. lg. RESOLUTION OF CONDOLENCES TO THE FAMILY OF THE LATE PAUL ANDREI( .STOLEE Mr. Plummer: Mr. Mayor, the next item here is a condolence to the family of the late Paul Andrew Stolee. I might recall to other members of the commission it was his father, a prof- essor at the University of Miami who assisted this City great- ly about two years ago in a very delicate situation, gave of his time, his efforts and everything to help this Commission over a very rough period of time. His son was taken at an untimely death and I just think that it is only right that this Commission should go on record expressing our condolences to the family so I move it. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-628 A RESOLUTION EXTENDING SYMPATHY MRS. M.J. STOLEE AND MEMBERS•OF IN THE DEATH OF THEIR SON, PAUL TO DR. AND THE FAMILY ANDREW STOLEE. (Here follows body of resolution., omitted here and on file in the City Clerk's Office,) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. 16, PRESENTATION OF BEU JREMENT PLAQUE TO JAMES LQWERY SANITATION EPAR T Presentation of plaque to James Lowery of the Sanitation Department, retiring after 28 years of service with the City of Miami. 17. RESOLUTION URGING INCLUSION QF ADDITIONAL ZONING MATTER AT A _MEETING TQ HELD_ Aurt4 i Y TUE ZONING_ BOAR_ Mayor Ferre: Mr. Reboso has a one minute item. Vice -Mayor Reboso: Yes. It is a resolution including in this special meeting, a request that my office has from Mr. Suarez to be included in the next Zoning Board meeting, August 9. Mayor Ferret Where is the area? Vice -Mayor Reboso: Mr. Simpson has all the details. Mayor Ferre: All it does is it asks the Zoning Board JUL 251974 61 Mr. Plui ter: What is it Dave? Is it a pending matter? Mr. Simpson: Yes. It is a pending matter. There was some confusion in our office even though when the applicant return- ed his papers for public hearing, properly executed, he was inforvied that the last meeting; the agenda was complete. ' The following motion was introduced by Mr. Reboso who moved its adoption: MOTION NO. 74.-629 MOTION REQUESTING THE ZONING BOARD, AT ITS MEETING OF AUGUST 9, 1974 TO CONSIDER THE A APPLICATION OF LUIS SANCHEZZ FOR UNPLATTED TRACT SOUTH OF THE EAST -WEST EXPRESSWAY BE- TWEEN N.W. 35TH AND 37TH AVENUES. Upon being seconded by Mr. Plummer the motion was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 18. PRESENTATION OF AWARD TO CHIEF HICKMAN,_FIRE DEPARTMENT Mayor Ferre: I want to point out that the Chief always looks very well but he has his special hat on today and he has a lot of gold lame- and a lot of stars and all of that. I'm sure it isn't to impress this Commission..... Mr. Plummer: I'm just thinking if he went to a fire like that all the men would quit. Mrs.Victoria Aibornoz:' 3695 Battersea Road, Coconut Grove: Mayor Ferre and distinguished Commissioners, on behalf of the Partners of the Americas, the largest People -to -People program in this hemisphere, 41 States of the Union working together with 18 Latin American countries, one of which is Florida partnered with the country of Columbia. Chief Hickman, in recognition of your outstanding cooperation to make it pos- sible for the City of Miami to extend to its sister state a hand of friendship and understanding it is my privilege. and honor to present to you on behalf of the Partners of the Amer- icas and the Florida -Columbia Alliance, these awards. Chief Hickman: Thank you, Mrs. Aibornoz. The City of Miami Fire Department is proud to receive this and we're looking forward to working out arrangements where we may train many Columbians in medical rescue and fire fighting. Mrs. Aibornoz: Thank you very much. Mayor Ferre: Thank you very much, Mrs. Aibornoz. I might say, I'm sure everybody knows the work and the efforts that you put forward in this very important job of the Florida - Columbia Alliance. We're all very proud of you and we want you to know that we share the pride of accomplishment and participation that you brought to our community. Jre. Aibornoz: Thank you, Mayor.Ferre. It is my joy to do it. 62 J U L 251974 • 19. WYNOWOOB AREA DAY CARECENTER - S Ug.SION AND PLEDGE OF FUNDS Mrs. Gordon: Some time ago if you will rieall, tha City took an interest in the concerns of the Wyndwood area and the lack of Child bay Care facilities in the area and by resolution at that ti*e we instructed our Manager to try to come up with some proposals to find a center in the area. As it happens that we are now in a position to make a recommendation to this Commission, there are facilities that can be used and there are funds for the operation of the Day Care Centers. Those funds are coming through the County and: I don't rem- bei what they call that title - Title 4-C. So we are in a unique position where we can provide a great amount of Day Care services for that area without having to spend the money to operate the program. At this time there are three people here whom you all know who represent the area and I'm going to ask them to saya few words about what is in view with regard`to the Day Care facilities in that area and then we'll go from that point. Anna Wise: I'm chairman of the advisory board for the Wynd- wood area. The situation at the present is tint we do have $223,000 that has been granted to the United Puerto Ricans, a chartered organization that has been active in the area. This morning it was granted for the Day Care services Child Development Program. the way the situation stands at the moment this money can not be used and we will loose that money by October 1 if :Lt is not put to implement the services that are required in the community. There are two proposals at the moment. The Holy Cross Church that works under the community service agencies and the Inter -American Church that toorks under the community Out -Reach Program. They have lent their facilities to implement the services for at least al- together, about 120 children, 180 children. These facilities cannot be used at the moment because they do not meet the requirements that the Child Development Program requires and all we're asking is to see if the city will lend a little credibility to the residents of this community by granting a total of $40,000 that are needed to put these services into practice by repairing or put these two buildings that have been offered to us so that these centers can be opened so that we do pot loose the $223,000 that are in jeopardy of being lost at the moment. Mr. Plummer: Anne, let me ask this question. Do I under- stand you correct in saying that you're asking the city to give $40,000 to refurbish or bring up to code two buildings which are owned by who? Mr. Emilio Llopez: The two buildings right now are owned by two churches. One is the Inter -American Church who is funct- ioning now as a Day Care Program and we're trying to augment this program and we need to rebuild part of this... Mr. Plummer: Let me cut it short. After the rebuilding is done, for a hypothetical case, and the monies are received who will the buildings be owned by? Mrs. Gordon: May I clarify a point that is a very important point that you're making? That is what controls or what holds does the city have or anyone have on this facility beyond the point of the improvements? I would ask Mr. Lloyd to speak to it because this is a legal question and one that 6 JUL 251974 we went into great concerns with and so t would like him to Speak to that point. Mr. gluier: I would still like an answer. Whose .... Mrs. Gordon: All right, then let me remind you of a similar situation so that you won't think you're improving somebody else's property, et cetra and so forth and what will you have in return. The City leases property in many instances as they do downtown for their License Department. They do not own that building. We did put in money to improve that prop- erty. They do use that property. In a similar sense that is what is being requested today, that we improve property that we have the right that property and for that use alone this piece of property would be tied up.. Do you want to clarify that? Mr. Llopez: Yee, and at the same time we have guarantees that if we are able to get this building operational we will have further monies to continue this program for further years. Mayor Ferre: This is the Federal Government? Mr. Llopez: Federal Government, yes; under title 4 funds. We have these monies in our hands right now, our organization. Mayor Ferre: How much money is involved? Mr. Llopez: I've got $223,000 in my hands of operational money.' The only thing we're coming over here to ask for, your hi:lp because we'll be able to put it in implementation. We need monies to make the building meet the code that the city itself is.... Mayor Ferre: How much money is involved in that? Mr. Llopez: It comes to about $40,000; and with the under- standing that if we do it in a less amount of money the money will be returned back to the city. Mayor Ferre: I'm not saying we're going to do it. If this City does it it will have to be done by the procedures of the city which is bidding and the whole bit. Mr. Llopez: I realize that.... Mr. Plummer: What is propaed; I'm only asking questions now. Bow many children will this facility take care of? Mr. Llopez: Therewwill be two facilities that will take care of about 180 children and an after school program that we're trying to implement in the Roberto Clemente area that you attended the other day, the inauguration. Mayor Ferre: Mr. Andrews, do you want to address yourself to that? Mr. Andrews: Yes. I just want to pass on this comment to you for the Commission's consideration. You have a resolut- ion which establishes the policy as to how the city will con- sider the application and use of Federal Revenue Sharing Funds in reference to these types of programs. Is it going to be your policy to have this one submitted as well are you going to make it an exception? L 64 JUL 251974 1 Mayor Ferre: We're going to speFk to that in a moment. Rose, do you want to say something? Mrs. Gordon: Yes, because we established the desire to facil- itate this Day Care months ago before this other avenue was developed and now we have the vehicles and we're going to loose the funding if we can't implement them now. Now here, you can find other ways to go but I'm telling you unless you want it in the park itself and you will then eliminate a lot of the uses that you're presently putting the park to, you're going to have to provide Day Care for children in this area because this area is an area that has working mothers and they cannot find places to put the children. Now this is plain and simple and this is a good solution. It is a lease arrangement, the City ispprotected. It has been checked out from all legal standpoints and it would meet the needs in this regard. Mayor Ferre: All right, thank you Commissioner Gordon. Emilio, I have one basic question for you and Victor and Anna Wise. I know all the people here on this item and of course I recognize most of the faces... Now let me ask you, if I may, this quest- ion. If you don't have this today you're going to the $223,000? Mr. Llopez: Right. Mayor Ferre: Who has made that committment to you? Mr. Llopez: The monies have already been allocated by the Child Development Program under Title 4, Dade County. Now the thing is that those funds are allocated for operation only. They will not give us money for implementation. Now the United Puerto Ricans and other organizations in the area got together and said "Look, they United Puerto Ricans and organizations do not have any money for implemention." We got together with all the churches and all the other facil- ities - this is a community that is alive and we're trying to work together ... So I went and I spoke to the Inter - American Church, we went to the Holy Cross Church and we went to different places and these people had the facilities. Now we've had this process going for months. We went then, they told us know; we went through the process of trying to get licenses so we can work it. They came back to us and they told us, the people in the city told us - "You do not meet the standards." So again to be able to implement this with a certain amount of money... for the citizens in that area that for amount of money that is going to be coming in and the services that are going to be provided and knowing that the City of Miami through Revenue Sharing or some other way can provide a small amount of money so that we'd be able to keep $223,000 that is going to help not only; it is going to help the whole area and it is going to improve... It is in the City and it is going to help the people of the City. Mayor Ferre: All right. Now Rose, do you want to make a comment? Mrs. Gordon: No, I have no furthercomments, Mr. Mayor except I would like to read the resolution that was prepared by our Law Department to see if it meets with your approval. You all have a copy of it. A resolution authorizing the donation of an mound not to exceed $40,000 of Federal Revenue Sharing Funds to United Puerto Ricans, Inc. for the purpose ofproviding improved and expanded Day Care Services in the City of Miami; further L 65 JUL 251974 providing that the City Manager shall determine the actual amount to be donated which shall be the minimum aMount nec- essary to provide the aptinun services from two existing facilities; furtherproviding that the City Manager shall re- quire proof adequate to insure that funds are expended for the purpose specified. Now the rest of the resolution goes into detail but that is the sum of it and I'd move it. Mayor Ferre: All right. We have a motion and there is a second. Now for the purposes of discussion I want, because I don't want to establish a precedent that is going to get us into a lot of trouble. We have how many, how many applic- ants do we have for Federal Funds? Mr. Andrews: I believe now it is near 30. Mayor Ferre: All right. Mr. Plummer: That's for 74-75. Mayor Ferre: Yes. Now I propose then, because it is only fair to do this. Anna, I hope you understand this. I think this is a great idea and a great project but we're now; if this passes, I have no other alternative but to call a special meeting immediately to hear all 30 applicants because we.... There is no other way to do it... Mr. Reboso: of the other are going to .0 Nr. Llopez: Mr. Reboso: Mr. Llopez: program that Mr. Mayor, this is a different situation. None parties involved, none of the other applicants receive the Federal Revenue Sharing ... We have the money already. They have the money already. We need it so we would be able to implement a we already have theraoney... Mr. Plummer: But Manolo, what you are in fact saying is the same thing applies; you know however it is going out it is still a request of funds. That is really what we're talking about,because we're not even really coming back and address the area that I'm going to and that is the City in the Day Care business. I've made ay comments before about it should be and rightfully so a Metropolitan Dade County function. I don't even want to get into that. What I'm saying is in fair- ness to all if you give these people $40,000 then in fairness you've got to give $40,000 to everyone else because it is $40,000 less to split up among the remainder. That's the point. Mr. Reboso: I don't agree Mayor Ferre: The point is this that what we're doing here, we have 30 applicants and we've said that the way we're going to do this since we don't have the staff is that we're going to turn the hearings of these applications over... Listen, Anna, we're going to turn over the function of listening and analysing and recommending to professionals who do this all the time which is the United Fund, City of Miami and Metro. Then what we will do is we will hear their recommendations and anybody else that wants to be heard and then we make a decision. Now the thing that concerns me is if we do this today we're really, I think the next thing to do is offer a 66 'JUi_ ? ! 107A motion and then just abandon this whole United Fund concept and then we'11 just have to have a hearing starting tomorrow and going through Monday and Tuesday. Mrs, Gordon: Mr. Mayor, may I wake a reminder to you that there it money set aside for Child Day Care already. We have the honey. We budgeted it last year. We did not use all of it and there is over $100,000 in capital improvement monies already there. Mayor Ferre: Can we do that with them? Mr. Andrews: The monies that have been established for the Child Day Care centers, there is sufficient money and it has been programmed for the entire next year's operation. Mayor Ferre: There is sufficient monies within that to do this? Mr. Andrews: No. The Day Care Programs have already been established where there was construction involved, the hiring of staff and the beginning of the operation won't begin until probably September before all of the facilities are in place. There's sufficient money budgeted in this year's Federal Revenue Sharing Budget to carry us for the next year and we've programmed that money. There is no extra money. Mrs. Gordon: You could reprogram it if you wanted to and allow for some of this. Mayor Ferre: Paul, now if that is the case then I think Rose Gordon has hit on the key and I'm all for it and there is no problem. If you can do it within the monies that are being carried forward then I have no problem. Mr. Andrews: Mo, Mr. Mayor, that's not what I'm saying. Mrs. Gordon, and it's the Commission's privilege to do this if you want but You have to know the facts: she wants to fall back and utilize the $40.000 that has been programmed from Day Care Center Funds for this year. What I'm trying to advise you, Mrs. Gordon, is that we took those monies and carefully anal- ysed them and programmed them for the entire year. Mrs. Gordon: I know, you're carrying then over but I'm say- ing we're getting new funds for next year and we'll get new funds into that program for next year with the United Way and whatever doing it. But this particular urgent matter, and Mr. Alfonso who is here was on the Child Day Care Commit- tee and he knows that the committee was trying to find a solu- tion to the children in this area. Mayor Ferro: A11 right. I'll now recognize Mrs. Wise for a statement and then Mr. Llopez. Mrs. Wise: The statement is that we have a deadline to meet. If we do not use this $223,000 before October 1 we will loose the money. Even if there is any construction to be done it has to be done on an hourly basis, very fast, Saturdays and Sundays so we meet the requirements to start the program. It is a shame that we lost the other programs in this area and now we have money in hand: we have been in our buildings.for the last two months. We have been going out of churches, in and out of churches and in and out of buildings. Mayor Ferro: I have a question for you, Mrs. Wise. Why has 67 JUL 2 5 197 4 this Matter waited until the very lest Meeting of July? Why didn't this thing comae forward July llth, or in June? Mrs. Wise: Because we tried other sources before we came be the City, We tried United Way, we tried Metro, we tried other sources. Mayor Ferre: You were turned down there? Mrs. Wise: Yes we were turned. down... Mayor Ferre: Why were you turned down? Mrs. Wise: Because they bad no monies. Their monies were being used for other programs in other areas.. Mayor Ferre: Who in United Fund did you discuss this with? Mr. Llopez: Mr. Mayor, maybe I can probably answer more in that area. We had meetings with the CRB people. We had met with some people in the United Fund and they asked us to pre- pare the plans and you prepare the plans and you prepare all of the procedures then they come and they tell you that the money has been appropriated for something else and every time we go some place it is the same story. Now what we're saying to you now is when we first got this program given to us; and this is the game that is being played; they tell us beautiful, we give you $223,000; the first time I knew about this, a quarter of a million dollars, Mr. Mayor from Federal Funds to establish a program so they tell me you will have money for getting buses,' establishing infant care, for doing this and doing that and other things. But when the monies came down the pipe and they say now you can do it; then they told us we have changed the guidelines and the only thing you can do now is if you have a program on -going already then you might be able to use it just like.... with anything. You know they tell us - You've got a quarter of a million dollars but you didn't .... to implement it. Now the problem is we went through all the procedures, we go to all the people to try to ask for help and when the time comes they always tell us the same. They money for this year, they have been already committed. So we have a quarter of a million dollars in here that we are ready to loose and the only thing we need... We know that with this amount of money we can imple- ment it and we have the committment that we will have money for next year. Mayor Ferre: Emilio, let me understand this. What would happen... I'm not saying the Federal Government is good or bad or what but you know you've been through it before. You know a lot of times the Federal Government says; if you go down this road, when you get to the end here is what you're going to find. When you get down to the end it isn't there. If we go and spend the $40,000 and you go down to the end and it isn't there then what do we do? Mr. Llopez: I have solutions, Mr. Mayor, to that also. If you'll recognize I'm the director of the Clinica Borinquen also; most of you know that. Our clinic serves indigents, right? But at the same time we have established a certain system in which if a person can pay they will be able to pay for the services that were given and the way that this plan will be implemented in the area is more or less in the same way, plus the fact that the churches, then when they see t 68 JUL 2 51974 that this is alive, that this is something that is happening. that we're serving this coftetunity they Might become more in volved, they tight be able to the United Fund, And they say "United Fund, you have never looked into this area to do some.. thing for US." We will have a track record that we will be able to tell you this is what we're doing and we've done it. We're not talking that we're going to do it, we have done it. Mayor Ferrel 8o for the record, what you're telling toe is that if when you get to the end of the road the Federal Government isn't there with $282,000... Mr. Llopez: We will keep the program going. Mayor Ferre: You'll keep the program going and you won't come back to the City of Miami for funds to keep the program going? Mr. Llopez: No, sir. I will come back for other things but not for that. Mr. Plummer: Paul, let me, because you've known my comments all along the line and I haven't changed. If in fact we trans- fer the present Day Care Centers to Metropolitan Dade County as I have advocated then that money could come from this and there would be no problem. Is that correct? All right. Now, what we're also saying is that in fact there is a good possibility that if we grant the $40,000 to thid group that we will be $40,000 shy of what you have programmed out for the operation of the City of Miami's Day Care. Ok. Now, let me make one other premise. Emilio, your group is going to run this organ- ization. Mr. Llopez: Yes, sir. Mr. Plummer: All right, so there will be no worry about you coming back in any way shape or form for any other monies for the operation of this Day Care Center. Mr. Llopez: Yes, sir. I might be coming back for other things but not for this. Mr. Andrews: Now if it is the Commission's desire to do this the way I would suggest that you do it is this: There is in the new budget approximately $1,100,000 for programs that you'll be considering against the 30 odd programs that have been presented. If you take the $40,000 from the existing funds for the Day Care Centers that we're going to operate then you could do that today but then you'd have to consider in all of the $1.100,000 that is available about replenish- ing that at the time that you're reviewing all of the programs. Mfrs. Gordon: Exactly. Mr. Andrews: That's a decision that you'd have to Mr. Plummer: Paul, in all fairness now if we give Care Centers to Metropolitan Dade County we've got them funds to operate them. There's no question. arrive at. these Day to give Mr. Llopez: Mr. Mayor and Commissioners, may I make another goint of clarification and it is related to one of the quest- ions that Commissioner Plummer asked us. I can inform you right now thatone of the churches that we contracted with them, you know the United Puerto Ricans we got the money but 69 JUL 251974 • • we contracted like a subcontract. We're allowed to do that. They are operational already and when they, if anything should happen to the Federal Funds like Mayor Ferre asked me they will continue to operate that as an established organisarion. Mr. Plueer: Emilio, I only have one problem. I'm all for you, i'te all..., you know. Great, get that Federal money whenever you can. My only problem with conscience is making the capital improvements in other than city facilities. Mrs. Gordon: We've already done it, J.L. Mr. Plummer: We did it for our own needs. Mrs. Gordon: People in the City need to have Day Care and the Wyndwood area lacks it and this is a program for the people of the City. Mr. Llopea: May I please respond to you, Mr. Plummer? As Commissioner of this city you are supposed to serve the cit- izens. By doing that kind of service that you are saying, spending 10, 15, 20 thousand dollars you are doing a service to a community that is considered one of the most underprivil- edged areas in the whole City of Miami. Mayor Ferre: Emilio, you're a great speaker but don't give us any speeches because we all believe that. You know that I believe it so don't ... with speeches now. Reverend Gibson: What buildings are you going to improve? Mr. Llopez: Ok, there are going to be two buildings. They're located, the Holy Cross Church, episcopal church located at 36th street and lat Avenue N.E. and the other one is located at 29th Street and 8th Avenue. Reverend Gibson: Ok, let me say this. Mr. Mayor, I'm going to be opposed to improving that property unless we get a written lease for the use of the building for a given period of years which will more than compensate us for the invest- ment. Now let me explain, church is my line and I may not know about this other business. I want the vestry of that church... Mr. Lloyd; Rose, I don't want to hear you because church is my specialty - I know what these churches are like. I want the vestry of that church, I'm talking about the Epis- copal Church, I want the vestry of that church to sign that contract. Mr. Lloyd, you're going to be handling city money and I'm going to hold; your neck is going to be on the block. Ok, now you can let them out talk you all you wish but I want the vestry of that church to sign that contract for a lease which will more than compensate us or certainly compensate us for the investment. Mr. Plummer: Now many years? Reverend Gibson: Based on the going rate let's say what it is. Along with the fact, when you get; what is the other church, Baptist or Methodist? Mr. Llopez: One is Baptist, -I think it is. Reverend Gibson: Man, let me tell you in anxiety we could loose, you know; when you go to negotiate before you give one dime I read nothing because I want it on the record. I 70 JUL 251974 know how to deal with churches. You may not know. I want theft to convene the senate, their presbytery, you know what it is and I want them to show that the presbytery net and by a majority vote; now one of the advantages you have with that is those boards change and ministers move and _ __ and once you do that we bind them so that it doesn't make a dog gone bit of difference to us who goes and who stays. In the Epis- copal Church if the vestry signs that contract they could have ten rectors in that time'and the bishop can't come in there and usurp the authority, you understand? Mayor Ferre: All right. Now the chairman is going to make a very profound statement. Now in Puerto Rico, Father is a little saying that the country people say there are a lot of goats in Puerto Rico and they say be careful that you don't loose your goat and you also loose the rope. So when you're dealing with somebody you have to make sure that you either end up with the goat or with the rope because a lot of times you loose the goat and then you loose the rope and then you don't have anything, see. So what Father is saying is you make sure that you tied down that goat so that you end up with the goat and the rope. Mrs. Wise: Mr. Mayor, in respect to this 1 think there is clarification here too. We're not dealing specifically with churches. We are dealing with a community service agency and this just happens to be the building that they have available in the community... Community Out -Reach program. Reverend Gibson: I th:.nk the public needs to know what she is saying. .... I don't care what community service organ- ization you're talking about. We're going in there to improve that church. The church has a responsibility for that improve- ment to permit us to stay there a given period of time and that is wht I want. The contract is not with the community service, the contract is with the church. Mayor Ferre: The chair is going to respectfully recommend so we can move ahead that we're going to do the following: There is a motion and I hope the maker of the motion and the seconder will accept these modifications (1) that $40,000 or less be expended, (2) that this be completely under the direct- ion and management of the City Manager, that he will have con- trol of and the expenditures of the money so that; and the sense of that is the requirement of following city procedures in bidding and so on so that we don't just go out and make a deal with somebody so that there is a process. (3) ... Let me finish, and then you can tear it down. (3) that a contract be made with the two churches involved for a period of no less than three years to tie up this property that we're going to improve. What else have we talked about today? Mr. Andrews: The source of the funding. Mayor Ferre: (4) That the source of the funding be the dur- rent Revenue Funds.. Mrs. Gordon: Capital Improvement portion. Mayor Ferre: Capital Improvement portion of the Day Care Centers Program. All right, now are there any additions to the notion? Mr. Plummer: Clarification: Do you have a surplus in the Capital Improvement area of the 73-74 Federal Funds? 71 JUL 251974 Mrs • Gordon: Yea we do, 3. Mr. Pl er: Can I ask this man? He's the one with the puree strings. Mr. Andrews: The funds that now exist are prograrsaed to be Utilised during the entire current corning year. Mr. Plutseer: For operation or capital improvements? Mr. Andrews: Operation of the Day Care Centers, you are going to use $40,000 of those funds and as I explained before you are going to have to take underconsideration and advise- ment the replenishment of those funds when you examine all the other programs for the monies that I presented to you in the Manager's Budget Estimate. Mrs. Gordon: May I make a comment to you, Mr. Andrews? When by any action of this Commission did we transfer the capital improvements to operation? Mr. Andrews: No, you didn't, Ma'am. Mrs. Gordon: Of course we haven't no it is still in there and that is what Mr. Plummer asked you. Didn't he? Mr. Plummer: That isn't what I heard. Mr. Andrews: We've got contracts under way, Mrs. Gordon Mrs. Gordon: I know but you have contracts for only a portion of the $300,000 that we had budgeted for capital improvements. Mr. Andrews: If that is true then I agree with you but it was my impression that all of that money had been accounted for in capital improvements and purchases and so forth. Mrs. Gordon: No, sir. It has not and I can tell you that the program that you're talking about is a proposal for pro- gramming this Commission has not yet approved it. Mr. Andrews: I'm aware of that, Mrs. Gordon. I was under the impression that all of the money that we had programmed for capital improvements and purchases used up our existing funds. Mrs. Gordon: No sir. Mr. Llopez: Mr. Mayor, in the second portion in which you wade the City Manager responsible for all the bidding and all the contracts and other things, I would like to remind you that knowing the red tape that takes through the City Manager and all the people involved in this kind of stuff in here probably it will be December before I'll be able to... will you allow me to finish and then you... Knowing the redtape, everytime I write a letter it takes me three months to get an answer sometimes. What I'm trying to tell you is this: If we're allowed and follow your guidelines I probably will have this thing in operation and you can see all the contracts s►d you.... the contractors or anybody you want, but allow us to be able to expedite this thing by maybe through another institution to be the one who makes these things; you have lawyers and people that can check us out. We are people that are responsible. What we're telling you right now is if I have to go through all the process that takes the City of 72 JUL 251974 Miami we'll never get this thing in operation. Mayor Perre: iilio, I want to tell you something. Emilio, I believe you're an honest an, I do, I believe it and if i have to put sty right hand, arts in guarantee of it I'll do it. That is how ouch 1 believe in you. 1 want to remind you that there was a aian who ran for president who also said... Mr. Llopez: Oh, please l Don't compare me with him. Mayor Ferre: Well the majority of the people of the United States by almost 70% thought that he was an honest man and they elected him president and look at the trouble that he is in now. Now wait a minute, I'm not saying that you're like that. All I'm telling you... I said I'd put my right arm out. Mr. Llopez: I know that, Mayor. Mayor Ferre: I believe, but the point is that there are a lot of people in this city and I don't want anybody saying just because he's a Puerto Rican and you happen to believe in him you gave him $40,000 and let him do... And some enemy of yours, and you have enemies, is going to say "Llopez stole $6,000 because he made a deal and the reason he has a new car now, or went on vacation to Connecticut was because he made a deal with a contract..." Mr. Llopez: Mr. Mayor, let me tell you I drive a 1965 with a cancer inside, it has cancer all over the place, a 1965 Comet and people are even afraid to get into my car. So you know what I'm trying to tell you. I'm seriously speaking now. Mayor Ferre: That's exactly my point and when you buy a new car in the next few months; somebody is going to say "You know where the money came from." Mr. Llopez: Mr. Mayor, :let me tell you something else now. Again, I say I run the Clinica Borinquen. My books are open to anyone at any time and with the people that I do dealings.. Reverend Gibson: Mr. Mayor, I know how he feels and I would feel the same way but you know, to be forewarned is to be fore- armed. All we're going to do, what I think we ought to do is to keep our procedure; the City Manager has heard the urgency of your matter. I don't think he will have that delay problem. We can only say to him, you've heard the urgency... Mr. Llopez: .. I know it is going to happen, Reverend. Reverend Gibson: Brother Llopez, let me say this: So that I don't have to eat up my words later on and go into a hole and bide I would urge you to follow what we have said. Mr. Andrews, where is he? I want him to make sure he hears this coming. I t'ain't going to move till he comes back in. That's right. Mr. Plummer: Well Father, let me tell you something. While you're waiting for theCity Manager you want me to tell you something? Emilio is right. If you put this under normal bidding procedures, normal procedures you're talking about 60 days. They're never going to realize it. Mrs. Gordon: You loose your funding .... Reverend Gibson: Ho. Here is what I'm saying. JL, I 73 JUi 2 51974 understand, Mr. tager, you've heard what these people said, how urgent it is. I would think that you could protect the city and yet at the same time help then to save that Money. Sow unlike you I become mad as all get out with run- around, you know? I'm sure you're not going to get that, the Manager having beard what we say. He wouldn't do that to you anyway, He always will carry out the rules, so for your ease of mind and you don't have that heart attack, he's going to work with you. Mayor Pierre: Mr. Plummer, I want because I read into the record four points and I want to repeat one of them. I didn't say we go into bid procedures because that means you've got to go back to the Commission. What I said was that the Man- ager have sole and I'll add final authority in dealing with bow these monies are spent. Mr. Andrews: To make sure that they do get bids and that they are reasonable. Mayor Ferre: So that if he ends up with a new car then there's not going to be any questions. Mrs. Gordon: Ok, shall I read the resolution again or is it clear enough? Mayor Ferre: It is clear enough with those four additions. Mrs. Gordon: Ok. Mayor Ferre: Do you accept those four additions as the maker of motion? Mrs. Gordon: Well if they're additions, I mean they're in concurrence with what we all agree. Mayor Ferre: They're completely different from the way this thing reads. Now do you accept them, yes or no? Mrs. Gordon: I have no objections, if they're satisfied I'm satisfied. All I want is the program to proceed. Mayor Ferre: Does that mean yes? Mrs. Gordon: I assume so, yeah. Mayor Ferre: Does it mean yes or no? Mrs. Gordon: Yes. Mayor Ferre: Does the seconder of the motion accept those changes? All right. Is there further discussion on this item? Call the roll. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-630 A RESOLUTION AUTFDRIZING THE DONATION OF AN AMOUNT NOT TO' EXCEED $40,000.00 OF FEDERAL REVENUE SHARING FUNDS TO UNITED PUERTO RICANS, INC. FOR THE PURPOSE OF PROVIDING IMPROVED AND FURTHER PROVIDING THAT THE CITY MANAGER SHALL 74 J U L 251974 DMA THE ACTUAL AMOUNT TO BE DONATED WHICH SHALL BE THE MINIMUM AMOUNT NECESSARY TO PROVIDE THE OPTIMUM SERVICES FROM T* EXISTING FACfLITIESt PURTNER PROVIDING THAT THE CITY MANAGER SHALL REQUIRE PROOF ADEQUATE TO L URE THAT FUNDS ARS NXTENDED FOR THE PURPOSE SPEI:IFIBD. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Reverend Gibson the passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor None. resolution was Rev. Gibson, Ferre. NOES: 20, APPOINTING VICTOR R. ILDEFnNSO To UNITED PUERTO RICANS INC. Mrs. Gordon: Before you go, may I reiterate something very important. When we fund agencies we have to appoint someone as a liaaon representing the City of Miami. If it is agree- able with you I would like a resolution appointing Mr. Victor R. Ildefonso to the board of directors of the United Puerto Ricans, Inc., a non-profit organization of the State of Florida, representing the City of Miami. Reverend Gibson: That's all right, I second it. Mayor Ferre: Now Victor, I'll recognize you to make a state- ment at this time. Do you hAve anything to say for yourself? Mr. Ildefonso: No, it is all settled now. The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 74-631 A RESOLUTION APPOINTING VICTOR R. ILDEFONSO TO THE BOARD OF DIRECTORS OF UNITED PUERTO RICANS, INC., A NON-PROFIT ORGANIZATION OF THE STATE OF FLORIDA, REPRESENTING THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. ON RMAL CALL, MR. PLUMMER: With the stipulations that Victor be informed by the City Attorney what his obligations back to the City are, I vote yes. Mrs. Gordon: I want to thank all ofyou for being here. Mr. Ildefonso, for your services on the Day Care Committee for the countless hours that you've devoted to the City of Miami and we're deeply appreciative. 75 JUL 251974 oes 21, PERSONAL_ APPEARANCE - ROBERT COCHRAN REP, DONNIILLY ADVERTISING CO. R,FGpgOtt. SIGNS .. LITtGATION - DISCUSSION ONLY Mr. Robert Cochran, Donnelly Advertising Corp: We appreciate the opportunity to speak to you. My request is a simple one. It is that the Commission direct the City planning Department to reconsider dui current ordinance covering outdoor advertis- ing in the C-2 zones and that the department further be request- ed to withhold any enforcement procedings which would require removal of signs in C-2 zones at the present time until such a determination can be completed. Mr. Andrews: Mr. Mayor and members of the Commission, I don't like to say this but I must say it, that I question the propri- ety of the Commission considering this. This matter has been carried through the courts by the direction of this Commission through not necessarily the Commissioners in place but through the adoption of the zoning ordinances affecting signs to the extent that it was litigated and maybe appealed; I'm not assur- ed about the appeal, but certainly Litigated and the courts ruled in favor of the City. A compliance period began in re- lation to that court order. I don't see how the Commission now can go back and provide for a means of changing through a zoning study and then potentially a change in zoning ordinance, that which it directed to accomplish initially through a zon- ing ordinance and then carried through through a court judicat- ion process. Mr. Cochran: Mr. Manacrer, I'm not an attorney but it has always been my understanding that a Commission can change an ordinance and that's simply all we're asking. Mr. Andrews: I was careful in my comments, Mr. Mayor, in say- ing propriety rather than anything else. Mr. Cochran: The ordinance that is presently on the books was inacted in order to accomplish certain things and our position is that this has not been accomplished and our industry is being singled out in an arbitrary fashion to suffer financial loss that is extensive, Mr. Manager. We feel that it would be appropriate to have a re -study made. That is simply what we're asking. Mayor Ferre: Mr. Acton, I'm going to recognize you in a moment but I just want to repeat; as I recall, and I want you to ad- dress yourself to this and correct me if I'm wrong, we've gone through all these procedures and as I remember, I think was a good five years ago or longer than that because I was there on the Commission when it happened and we voted and we went through hell and we had arguments back and forth and this this thing has been to court and they've asked for time and we've extend- ed it and extended it and extended it. Now what they're say- ing is that what we did seven years ago is obsolete and we ought to start all over again. Well we haven't even imple- mented that. Is that right? Mr. Acton: That is correct. Mayor Ferre: Now, I may agree with half of what they're asking for which is a re-evaluation, the re-evaluation port- ion of it I think is a fair request and I think even though it is an imposition on the administration to review it, I think it is £ncumbent upon us to review it anyway. We should do that 76 JUL 251974 t fitA every five years. But for thew not to have to take thus down we Made that decision five, seven years ago and it has been stalled and stalled so that is another matter. Mr. Acton: There's no sense, Mr. Mayor, in me reiterating what you just stated for the record because this matter of general advertising signs was very comprehensively addressed by the Planning Department, the Planning and Zoning Board and the City Commission and many, many public hearings held to reach the conclusions that were later confirmed by the variota court actions. There was a request made approximately a year or a year and a half ago, a letter was written by Donnelly Advertising to the City Manager which was answered at that time by the City Manager where he reaffirmed the fact that an additional study was not needed to determine that the act- ion taken by the Commission was appropriate and did consider all the facts in the case of general advertising signs. We'd be glad to review it once again but I certainly do not think that the Commission should take any action that would defer the taking down of signs so that they are in compliance with the ordinance. Mr. Plummer: What you're saying then is a review would be in order? Mr. Acton: We'd be glad to review it once again. Mr. Andrews: Mr. Mayor and members of the Commission, during that review process which could run an extensive length of time the City Commission should consider the request that is before you in light of whatever it is they're required to do in conformity with the'existing ordinance that whatever act- ion you take today does not set anything in motion that would delay any of those actions. Mayor Ferre: We understand. Now let's talk about that re- study because I think in fairness to them that we ought to do this very quickly. Mr. Andrews: I want to assure the Mayor and the Commissioners that whenever you direct us we react as quickly as we possibly can. Mayor Ferre: What does that mean? Mr. Andrews: That means we're going to get started on it as soon as we can, Mr. Mayor. Mayor Ferre: I'm not worried about when you're going to get started, I'm worried about when you're going to finish it. Mr. Andrews: I can't answer you that quickly, Mr. Mayor. I've got to consult with Mr. Acton and set this out on a scheduled basis. Mayor Ferre: Well what is a reasonable time? Mr. Acton: Mr. Mayor, we have enough facts and figures that we could come back with a memorandum to the Commission I would say in 45 days time. Mayor Ferre: Are you telling me that you ha.re enough facts and figures that are new facts and figures.. Mr. Acton: Yes. 77 JUL 251974 ir • Mayor Petra: Or are you telling me that you're going to re- peat what you did seven years ago? Mr. Acton: No, sir. What I'm saying is that we have enough facts and figures for whatever else we need to supply the Coin- mission with an up=to-date picture of general advertising signs in the City of Miami. Mayor Ferre: So you're not talking about.... I'm going to tell you, this is my personal opinion: just one personal opinion. I think that there is a lot of merit to what they're saying on a lot of areas in Miami that have changed in char- acter over the last seven years and I think that is something that you ought to very seriously study. Mr. Acton: Mr. Mayor, the only point we raised in C-2 was that it is also a residential zone basically; commercial and residential and the two uses are not compatible. That was our original argument but I say we will review and bring up-to- date and take a look at those sections of the City where it... Mayor Ferre: George, I've got the complete confidence in the integrity of the administration and this is a matter where you have an important industry that acts to the welfare of the community on payrolls and expenditures as we're always talking about; on the other hand the over-all well being of the commun- ity and of all the citizens have to be studied. I'm sure you will be fair and you'll come back in 45 days. Mayor Ferre: There is a motion by Commissioner Reboso that the administration be instructed to study and recommend this matter that was last looked into 7 or 8 years ago. Is there a second? Zir. Plummer: Let me get this straight. George, I want you on the record now, to make sure I understood; you said that a review would be in order. Mr. Acton: Yes, sir. Mr. Plummer: All right. I'll second the motion. Mayor Ferre: Is there further discussion on the motion? Reverend Gibson: That'does not prejudice the citizen's position does it? Mayor Ferre: It does not. Reverend Gibson: I just wanted to make sure. Consul? Mr. Lloyd: This is one thing that I want to make sure that the motion does not prejudice the city's position in case of a law suit.and I'm going to advise you that it will not and I want that on the record that it does not and will not and I want the gentleman here from Donnelly Signs to understand that. Do you understand that and agree that we're not prej- udicing the City's position with respect to the situation as it now exists legally? Mayor Ferre: Do you incorporate tint in your motion? In your second? Mr. Plummer: Let me, just so that we go right down the line, Mr. Andrews do you concur that a review would be in order for 78 JUL 25 1974 this period of time? Ni. Andrewst VAS, I do. The area 1 have trouble with is that we've gotten a great deal of compliance with regard to rival of, signs. One firm goes to court in reference to their signs in taking a different point of View as far as the ord- inance requirements are concerned, that is heard, it is ruled in favor of the City that the signs must come down, there is an attempt to make an appeal, the repeal is denied so the court order stands and i just don't want the Commission to find themselves in an'extremely awkward position of creat- ing by policy a study and then.... Mr. Plummer: It isn't a study, it is a review. Mr. Andrews: A11 right, a review. Mr. Plummer: Would you concur that a review would be in order? Mr. Andrews: Yes. Mr. Lloyd: Before I finish may I ask the gentleman a quest- ion, with the permission of the Mayor? What do you intend to do with respect to now compliance with the City ordinance with respect to your signs? Mr. Cochran: At this moment, sir all I can say is that we have done what we have been ordered to do up to this point and we will continue to do so. Reverend Gibson: I'm not so sure I heard him right. He has done what we... We have done what we have been ordered to do. Mr. Lloyd, what did the court order him to do for us? Az. Lloyd: There are thirtyifour signs in question. Have you removed or are you going to remove the Thirty-four signs? Mr. Cochran: They have not been removed as of this moment but I don't believe that we have been ordered to remove them with finality. Mr. Lloyd: Your petition for rehearing has been denied now that means that now the case is over. You are in violation of a city ordinance by having these signs up. What are you going to do? Are you going to remain in violation? Mr. Cochran: I don't think we would want to remain in vio- lation but I have not discussed our future plans with our attorney at this moment. Mr. Lloyd: You then cannot answer me as to whether or not you intend to comply with the terms of the ordinance. Is that correct, sir? Mr. Cochran: At this moment I would have to say no, quite honestly. Reverend Gibson: Mr. Mayor, I'm not opposed to this man but you know, that's what I said - I went one day... Mr. Plummer: Mr. Mayor, Father Gibson before you speak I'm sorry I must withdraw my second. Either he is in compliance and we then have the review.. Mayor Ferrel Mr. Plummer, let sae speak to that. I think if • 79 JUL 2 51974 you will just listen for a second... 1 would sa y this: i think it is unfortunate when we have a petitioner that comes up here and says that he's not going to comply with the law of the City. We've been through courts, we've waited for seven years and I Would say that that is an unfortunate state- ment. /is sorry that was made on the record. I would also like to say that what one company says or will or will not do is not, has nothing to do with the general approach to a problem that besets the whole community. We're not doing this for Donnelly Advertising. I could care less how Donnelly Advertising feels about this except that they're citizens of this community that pay taxes and therefore are entitled to be heard. The point is that if we're going to review it we're going to review it on its own merits; they just happen to have put a spotlight on the problem. Now that is one Set. of currumstanees . The oi-her ,e.t of circumstances is the law which is what we passed here and their complying with it. If they don't comply with it we've got an avenue to make them comply, Don't we? Well then enforce it! Mr. Lloyd: Yes, sir. Mayor Ferre: Are you going to withdraw your second? Mr. Plummer: Yes sir! I have withdrawn my second. I cannot second that motion and let me tell you what else bothers me, Mr. Mayor. You brought up a very fine point and that is that we have othercompanies involved that are not here to go on the record that they will comply or not comply. Now that is the whole basis. Mayor Ferre: Yes, but compliance with the law is one arm of this city government and that is something that we've got to, if there is a problem then you have a course of action to make them comply - You take them to court. Reverend.Gibson: J.L., I don't think we have to have all those companies coming in here telling us they're going to comply. Mr. Lloyd, have they been served notice that they are as of a certain day in violation of the law? Mr. Lloyd: Yes, sir. Reverend Gibson: They have? Mayor Ferre: Then you enforce the law. Mr. Lloyd: Yes, sir. Mr. Plummer: Well the immediate question is why hasn't the law already been enforced? Mr. Ferencik: We filed cases against Donnelly Advertising some time ago. The Metro court which is our avenue of enforcement in this particular case chose to stay hearing these cases until this action that was being dealt with by the Law Department was completed. This hadn't been completed very long and Metro Court has to set these back up for further hearing. They will and then the matter will come back up before the Metro Court. Mr. Lloyd: This is true but my question was ... We have charges that they are in violation by virtue of these signs and Metro Court does not have the power to tell them to take down the signs, just to assess fines for each day that the signs are up in violation. That is all. 80 •I_ `:: 1974 Mr. Cochran: t would like to make this point too. I told you that I had not discussed this matter with our attorney. I previously Mentioned that not being an attorney Myself I'm not positive at this point whether or not we have a further avenue of appeal. If we have a further avenue of appeal I think we have the right to follow it. Reverend Gibson: Mr. Mayor, I'm in sympathy with any cit.► isen who has a problem and I want to be helpful sir. But you know as a layman I happen to know that when you employ a lawyer.... Mr. Lloyd, you tell this Commission yes or no; when you employ a lawyer and you go to court the lawyer tells you after the decision what that means. Doesn't he? And you have a choice either do what -the court says or don't do it and then you do it at your own peril and your lawyer knows if you do it at your own peril he advises you what the consequences are. Isn't that right? To tell us that you're not a lawyer isn't going to satisfy Theodore today. You ain't going to do that because the only thing that is going to satisfy me is - You're going to have to show a willingness to cooperate. I think you ought to be given time and let me say to this Com- mission what I think is happening. I'm disturbed that you want to review and you haven't taken the first step. Now don't lets be no fools and I don't think the people out there who expect us to run their business are going to stand for us trying to be fools - play fools on them. Now if the court has said to you "Move them" and you had moved them and then say let's review and go over it again I would say be my guest. That would show good faith that you're willing to cooperate and you wanted to carry out the court order. Now to tell me that you haven't discussed it with your attorney, I want to say this to difference to you and charity. You know I have a hard time and if I were not a clergyman I would have an adjective to go with it, to believe that you haven't discus- sed it. Now you know what they taught me in Law School that one day I was there? Come in Court with clean hands. Mr. Lloyd, isn't that true? One of the first things they say to you - when you go in court you must go with clean hands. Isn't that right? Mr. Lloyd: Yes, sir. Reverend Gibson: Ok, let's deal the deck. Mr. Lloyd: That's the point I brought up, Father. Mayor Ferre: All right. Now ladies and gentlemen it is now 2:15 and we're still on the morning session so let's move ahead now and wind this thing up. What is the will of this Commission? We have a motion that has no second. Mr. Reboso: I withdraw my motion. Mayor Ferre: Is there further discussion on this item at this time? Reverend Gibson: Mr. Mayor, before we go I think out of fairness to the gentleman I think it would be appropriate for us as good citizens both ways to give this man some time now that we have not changed our position. Mr. Cochran: Father, all I wanted to say was considering the crowded agenda we've had today I do want to thank the Mayor and the Commission for giving us this opportunity to be heard. We ask no more and I thank you. 81 JUL 2 51974 ir 22, PERSONAL APPEARANCE - REPRESENTATIVES OF MERRILL STEVENS TO 11.1011-LEASE Mr. Alex gaffe?: Mr. Mayor and members of the Com*miesion Mr. Lester Johnson is going to speak for the company. He is vice-president and with me is Mr. Fred Kurtland who is Pres- ident of Merrill Stevens. Mayor Pierre: Mr. ealf4, following the tradition that we have in the City of Miami of introducing candidates it is my pleasure to introduce a candidate to the House of Representatives for District 109 as a Democrat, Right? Mr. Fred Kurtland: Mr. Mayor and Commissioners, I'm vice- president of Merrill Stevens, I'm the manager of the Dinner Key Operation and my name is Lester Johnson. In appearing before the Commission today we felt that it was appropriate that we talk to you at this point for the reasons I'm going to enumerate As you know since 1949 Merrill Stevens has occup- ied under contract with the City, premises at Dinner Key that we hold now. We've occupied it in a series of leases from 1949, 1959, 1961 and 1967. In the 1967 lease extension and amendment at that time an agreement with the City we extended our facilities there by some,$400,000 including a new lift and new pier facilities in the anticipation that the option under the lease, a 10 year option would be granted to us if the City was going to remain in the marina business at Dinner Key. It was our understand:- It was our understanding with the City that that was the premise under which we invested this money and went ahead. Obviously by the expansion of our facilities we increased the percentage of, we increased the income to the City because our lease with the City is a percentage lease and as our income grows so does yours. As you know in the past few years we have continually exceeded $100,000 income to the City from our lease. We are at this point at the termination of the 1974, the termination of the lease where the option expires. It is the contention of Mer- rill Stevens that we are entitled to renew the lease. It is the contention of the City administration that we are not entitled to renewal of 10 years but we may, at their discret- ion may have a shorter term of six months, or a day, or a year or whatever they consider would be in the best interest of the citizens of Miami. We're submitting to you gentlemen and ladies that Merrill Stevens is there by virtue of a con- tract. We've performed under our previous contract, that we are performing on behalf of the City and there is no reason at all to suspect that Merrill Stevens would not perform to the contract that we have. Now I'm advising, we have advising; the City Manager and City Attorney that we have no course but to try and enforce our contract with the City. Now on advice, I'm not speaking for the City Manager, but the City Manager advised me on the advice of the City Attorney that they to the contrary feel like a prior lease prevails rather than the cur- rent one. That is a legal disagreement and in my opinion the legal disagreement goes completely against the spirit in which Merrill Stevens has proceded and the spirit in which the City has proceeded with Merrill Stevens to develop the property here. We think it has been for the best interest of the cit- izens of Miami all along both in facilities and an income and we think that further development would not be hampered by Merrill Stevens being there but instead sirs, would improve the quality and would as a moral and legal fact make it a better situation for everyone involved. Thank you. 82 JUL r.v i..1 Mayor Parra* Mr. Andrews. Mr. Andrews: What Mr. Johnson has tolct you is absolutely accurate. I have nothing that I can acid except there are pro- visions within their agreement that provides for severance of the agreement and then a choice of extending them on a month- to- enth, day-to-day basis to render services until such time as we find, the City finds itself in a position to put out public proposals for the redevelopment of the property in a different manner in which it is now utilized; a portion of it being converted to park another portion to possibly City oper- ated facilities and the balance to be accomplished by concession Another method of providing such a proposal would be for the concessioner to rebuild the facilities completely at that locat- ion to be compatible with the Master Plan. This has been sub- mitted to the Law Department, they have participated in most of our recent meetings and are well acquainted with this. The current matter at hand.is deciding which one of these leases. and I'm not sure which if it is the 61 or the 67 lease, is the effective lease on which we must make our decisions as to whether we have the privilege of notifying them; and we've already taken this step, of notifying them that their lease is terminated and they may operate based on an arrangement with the City on a month -to -month basis until such time as the City Commission can entertain proposals for the redevelop- ment of that entire area to make it compatible with the Master Plan that we have. So we have carried this out and I want to complement them publicly for the manner in which they've car- ried this out both in our meetings and our telephone calls that we've had. They've maintained a very gentlemanly proce- dure throughout this whole natter but there is a strong dif- ference of opinion between the Merril Stevens and myself and the City Attorney's Office. Mr. Mayor, at this point it is a question, I believe, of resolving what the City's rights are. Administratively I believe that I have to protect the interest of the public as well as the Commission and their strong feel- ings that they must and give everyone an opportunity to bid on facilities that might become available for long usage and this is the approach that we're taking. Mr. Plummer: Let me say a few words here, Paul. I have to disagree with you and you just showed, Paul, that you're not a boatman. Let me tell you what I'm thinking real quick like but I don't think any action is going to be taken by this Com- mission today. There is just no way, Paul, that you can oper- ate a marine facility on a 30 day basis, just no way. Now let me get finished, and then you can tear me apart any way you want. You know I know before my boat was stolen a space and boy, let me tell you something, I would be hard-pressed if I got a 30 day notice telling me - in 30 days you're out. Now Paul, you can't: that's just not realistic. Now I'm not try- ing to set what a time frame would be but I think you're bas- ing your: premise upon the same as what was formerly Santana which is now something else - Grove Key Marina... Mr. Andrews: May I interrupt you because I know you would want me to give you this information. I didn't intend to misspeak myself but I have if you've gotten that impression. We gave them the six months notice as required through the agreement. The thirty days that I was referring to is their continued operation. I would recommend to the Commission the understanding that a year from now or 18 months from now when the Commission is ready tomove ahead and expand and act on the Master Plan that we would then put out for public proposals the new concept but they would be permitted to continue operating $3 JUL 251914 on a thirty day baSie. Mr. Pluwser: 'alright, let me ask you this question. When is their oontraot, in your estimation, up? They've got the six Month notion. Mr. Andrews: June 1. Mr. Plumper: It's already run out? Mr. Andrews: yes. Mr. Plummer: It was July 1 of this year. All right. Now Paul, *'a going to tell you something old buddy; you might not like me for this, but I'm not going to go for 30 days because it's not realistic. Now if you want to say a 6 month vacating notice I'll go along with. Mr. Andrews: I agree with you; we offered them one year. I only use the thirty days or day-to-day to demonstrate that I br^lieve that the City has the right to terminate this agree- ment, we have the right to make other arrangements and we were willing to make those arrangements on a one-year basis. Mr. Plummer: What did we give those people over here? Didn't we give those people over here a one and one? Mr. Andrews: A two and two. Mr. Plummer: Is this on the agenda for action? Mayor Ferre: It is not. Mr. Plummer: In other words, you're keeping them on a thirty day basis until some action of this Commission? Mr. Andrews: Well it is not quite thirty day. We're trying to resolve with them the legal aspects of this and come to understanding and I had hoped that this would be accomplished very soon and then we would be reporting to the Commission... Mr. Plummer: Let me reverse'it, and I'll offer a motion which I think even you will agree 'co. I make a motion that no evict- ion be given Merrill Stevens until formal action of this Commis- sion. Is that agreeable? Mr. Andrews: No, no. We've already given them notice. Mr. Plummer: But that no eviction be given to them... Mr. Andrews: Oh, alright. Mr. Plummer: ...How many boats have you got in that place over there? Mr. Johnson: Two hundred and nine. Mr. Plummer: Two hundred, and you know we're not talking about may style of boat, the little puddle jumper.... Mayor Ferre: I think it is clear what is being done and you have to come back to the Commission The following motion was introduced by Mr. Plummer, who moved its adoption: 84 JUL 251974 MorxoN NO. 74-63I A MOTION DECLARING THE POLICY of THE CITY COMMISSION THAT NO EVICTION NOTICE BE GNU To MERRILL STEVENS IN CONNECT-► ION MITE ITS LEASE OF CITY PROPERTY AT DINNER KEY WITHOUT FoRML ACTION BY THE CITY COMMISSION TO Do SO. Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote -AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Perre. NOES: None. 85 JUL 2 5 1974 25, SELECTIM OF ORANGE BOWL CONSULTANTS PRESENTATION OF SEVERAL CONSULTING FIRMS.__ Mayor Ferre: I'd li":e to know it there a representative of Carr -Smith here, ----is Connell Associates represented here? Greenleaf/reiesca? Unidentified: Yes, - Mayor Ferre:---Kunde? Unidentified: yes, Mayor Ferre;Rader? Unidentified: -yes, - Mayor Ferre: Reynolds, Smith and Hills? Unidentified: ---yes,- Mayor Ferre: Ross -Adams? Unidentified:--yes.-- Mayor Ferre: URS Madigan -Praeger. Unidentified:--yes,-- Mayor Ferre: Watson, Deutschman,Kruse & Lyons? Unidentified:--yes,-- Mayor Ferre:---and we also have a request here for a presentation from Dignum Assoc. ---once the other have made their presentation we will then make a decision. Mr. Plummer: Mr. Mayor before we get into any controversy, or any presentations whatsoever, I would like at the beginning so everybody knows and even I, John, the rules of the game as it pertains to the conclusions of these presentations, I have traveled under the new, my interpretation, legislative act which says, this. Commission has to choose three firms and rate them A, B and C, the Manager is then under a mandate to negotiate with A,if he then cannot negotiate a contract he goes to B. but he cannot go back to A. If he goes to A and B, and then goes to C, he cannot go back to A or B,----is that correct or am I under n false impression? Mr. Lloyd, City Attorney: Yes, that is right. Mr. Plummer: Mr. Mayor, I brought this up at the Dade League, I think it is something this Commission ought to go on record on, because we, are in fact. putting the Manager at a disadvantage in negotiations and I think it is very un- fair to the people we represent because it is their dollars, so I just want to know that, Mr. Manager, that is agreed, whether you like it or not, that is the law. Rev. Gibson: What was that? Mayor Ferre: The law of the State of Florida, ---- Mr. Plummer: A new law.-- JUL 2 51974 Mayor Ferre:---which was just passed, it now reigns elver this land, and it controls the City Commission, is that the, -a public body like the City Commission,- either, the City Commission or the administration, should the City Com- mission decide, to give that power to the administration, will decide and place in that order, one, two and three, t he architects or engineers that they wish to use, then the Manager must negotiate with one, and if he cannot come to a conclusion on that negotiation. then goes to 2, and if he can't conclude, he goes to 3, and then if he can do it then has to come back to the Commission. Mr. Plummer: The unfair part of it is Mr.Mayor, that once he has talked to one, and not negotiated, and gone to two, he cannot go back to one. without throwing everybody out, and starting anew. Am I correct or not? I think this law is so unfair, but that is the law. So we all know what the rules are. Mayor Ferre: I am going to arbitrarily, since we are late already, limit, since there will be 9, maybe 10 pre- sentations, limit everybody to 5 minutes. so we can get on to this thing within one hour. Does anybody have any objections to that? If not, we will take them as listed on our agenda. First presentation will be Carr -Smith and Associates for 5 minutes. Mr. Andrews: Mr. Mayor, we informed them by letter that in all probability you will be limiting each group to 5 minutes and they should prepare their presentations accordingly. Mayor Ferre: Let's get started. tt is 19 minutes to 3:00. Carr Smith & Associates, Inc. spokesman: Mayor Ferre, and members of the Miami City Commission, the team of Carr Smith and Associates and Finch Heery thank you for the opportunity of appearing here today to give you our qualifications forthe modernization of the Miami Orange Bowl. My name is Carr Smith, and I represent the team, I am also the President of Carr Smith and Associates, our firm was formed in Miami 1957. We presently employ about 55, engineers. architects, surveyors and others. We are indeed fortunate to have on our team the firm of Finch Heery from Atlanta. Finch Heery was formed in 1963, expressly and solely for the purpose of designing stadiums and other sports related structures. Let me show you some examples of some of the specific major jobs that Finch Heery has designed and then followed with examples of work th& our firm has done locally in the modifications of existing structures field. We have the Cincinatti River front Stadium, Finch IIeery provided full A and E services for this project. it is the home of the Cincinatti Reds, and the Cincinatti, 13.2nual pro- f essional football team. It also provided complete services for the Buffalo Bills professional football team, an exterior view, and the New England Patriots. I would like to add that the stadium for the New England Patriots was the least expansive of all their designs at about $100. a seat, ----an interior view of the dressing room facilities, the Atlanta Stadium, home of the Atlanta Falcon football team and the Atnalta Braves, ---an air supported dome for the Atlanta stadium, probably the least expensive way to cover a structure of this type, ---the University of South Carolina had a problem very similar to the problem you have at the 87 JUL 2 5 1974 Orange Bowl game. They wanted to add 60,000 seata, 30,00n on each side without interferring a season. This was accomplished by adding 30,000 seats on that side and at a later date, 30,000 seats will be added on the other side. A night game in progress at the University of South Carolina, note fine lighting for good T.V. coverage, the V.I.P. area and press box, a view show the fine architectural features the University of Georgia, a major modernization to an existing older stadium, an exterior view, ----Georgia Tech, a major addition to an existing stadium, University of Wyoming, a major addition to an existing stadium, over the top with theold stadium and seats underneath, our State University, a new stadium, and the University of Kentucky, ----in the planning stage, are the Memorial Stadium for Clemson University, the Triad Complex in North Carolina, serving Winston Salem, Highpoint and Grecnbo.ro, with a football stadium in the fore ground, and an auto racing 2acility to the rear, the Detroit Dome, Finch Beery provided arcl:itecturial design for this project, and locally we have, ----this is a typical S. Florida stadium, ---- Mr. Andrews: ---four minutes, Mr. Carr Smith: ---and it is typi:al of the work that we have done in this area, also we provided a, have done a lot of modification work to stadiums of this type, we have also provided a traffic study, we are designing the supports for the Dade area rapid transit system, and a mini -bus system for the University of Miami. I would like to summarize by saying that all the deadlines for completion dates, and all cost estimates. for jobs undertaken had been met, we are offering you a unique combination of national expertise, combined with local experience with existing structures, all work will be done in Miami, and our team will be available and responsible to you, the City of Miami, 365 days out of the year. Thank you very much. Mayor Ferre: Connell Associates, Inc., Mr. Steve Little; Mr. Mayor and members of the Commission, my name is Steve Little, I am an architect in Miami, Vice Pres. of Connell Associates, Inc. architects and engineers, we are also appreciative of the opportunity to make this brief pre- sentation to you today on the selection for your architects and engineers on the Orange Bowl Stadium. We have in the Miami area perhaps one of the largest organizations of architects and engineers in our community, we have been here in one form or another in architecturing ant] engineering for over 50 years, we currently have a staff of about 200 architects and engineers and support personnel. We are organi- zied to provide total architectural and engineering services on an continuing basis and incidentally we already have some recent familiarity with the Orange Bowl Stadium as a result of a very small evaluation study we performed for theCommission a few months ago, of the Public Works' Department estimate of cost for the proposed modernization. When we received the announcement of this selection our first thought was to look into the task of design to the extent we could to identify anything which might be required of the professionals that would be approached with more confidence, should I say by the City if there were to be brought to bear upon it some special expertise, as the Mayor at your meeting two weeks ago indicated we certainly concur that open heart surgery is something better • 88 JUL 2) iJ with more confidence by someone Who has done it. In this regard we identified certainly those aspects of a large stadium that relate not only ite assemblage of large number's of spectators and their special requirements for movement safely, and safety and comfort and also familiarity with those peculiar aspects of providing excellent facilities for. the team participants who are there in most cases as the primary attraction. as well as those on -site facilities required for the team management and Staff, those teams and agencies oho are on a continuing contract basis with the owner of the ,stadium, also of course those special requirements that relate to the service concessions serving both teams and spectators. And in that regard we sought to organize a team which we believe we have done, which consists of a number of members with special expertise in these areas, and particular in the areas of stadium design and programming for operation, we have been fortunate we believe in having joined our team with the firm of Curtiss and Davis Architects and Planners of New Orleans and New York City. whose erperience in some 30 institutional stadiums has led to their association as a consultant on the stadium in Seattle and currently involve- ment in the Louisiana multi -sports and convention facility and the New Orleans Saints stadium. which is perhaps one of the largest and most modern such facility now under construction, seating about 73,000 .spectators, --- Unidentified person:----4 minutes, Mr. Little: Thank you, ---similarly our team includes specialists we consider well qualified in all of the other potential areas which we and the City may elect in our com- bined judgement to be of value to the end project. which is our total dedication if we are selected to achieve. Those other members include Daniel, Mann. Johnson and Mandenhall whose special expertise in this instance we would consider would have great value in fast -track construction, scheduling computeriized scheduling of both design and construction and project construction management. We have also assembled as members in the so to speak of our team, a number of experts in financial feasibility including the Stanford Research Institute. Mr. Plummer: ---five minutes, ---- Mr. Little: I can't emphasize enough that we do not propose, ladies and gentlemen, to activate all of these supporting team members except and only in the event that your Manager and our firm should we be selected, can prove their merit and justify their expense. Mayor Ferre: Thank you very much,-Greenleaf/Telesca, Mr. John Greenleaf: Mr. Mayor and members of the City Commission, it is a pleasure to be here today, I am John Greenleaf, President of Greenleaf/Telesca firm organized in Miami in 1961, present staff strength about 65 people. When we received the notice to appear before you today, we felt perhpas the best way to give our qualifications was on a simple fact sheet, since we were limited in time and we knew you had a busy schedule, I just distributed the fact sheet which covers two projects which we have recently been engaged, both involving requirements very similar that we anticijate will be found in the improvements at the orange Bowl, The first is the Calder Race Track, on which we have recently been working. 89 JUL 2 51974 We have spent to date $8.9 million dollars, we have done it between construction meets, we have done it within the budget and we have had each phase of construction completed on time, and we are currently going on with additional contracts for additional phases of this work. The other project in this area of which I would like to call you attr.ntion to, and mentioned on the fact -sheet is Florida International University. which has to do with a complete over --all project including getting people on and off the site, the landscape and archi- tectural themes, the details, for the various requirements on the project. i won't attempt to read the details on this sheet, however, our own organization normally provides for its own planning, engineering and architrctural facilities, we use consultants for structural, mechanical and electrical engineering and for landscaping, traffic complexes and others, we have had some preliminary conversation with consultants in stadium work, and have preliminary appearances that they would be available to work with us should we be awarded this project. We are local , work would be done locally, we are extremely proud of our construction and administration staff, by which we have been able to keep our projects on schedule and within budget, in an axes, and an era, where costs are rising rapidly and where shortages have required very tight scheduling in order to be able to meet the deadlines. If we are selected for this project we have the staff available, we would assign a project manager to it, who would be your contact throughout the life of the project, and the man to whom you would contact and deal with solely so there would be continuity from beginning to the end, and through this, any problems that should arise , can be simply settled and we think this is very important. It has proven v ery satisfactory in other project we have taken. Before closing I would like to mention a project of a different type, National Airlines, where Greenleaf Telesca was awarded the grand conceptor's award by the American Con- sulting Engineer's council as being the outstanding structure of the past year, this again was a project undertaken on a site that was actively occupied,undertaken, planned constructed and carried out without interrupting, or interferring with the status of the operations. Thank you. Mayor Ferre: Kunde and Associates, Mr. Kunde: Thank you Mr Mayor and City Commissioners, thanks for the opportunity of being here. First I would like to suggest we -are joint venturing this project with URS Madigan Praeger, Inc. an internationally famous concern in terms of stadium design. Our own expertise is the fact that I have grown up in the City of Miami, I worked for the City of Miami, I worked for Metro. started my own business in 1961, I am the sole owner of Kunde and Associates, we have a reasonable track record with the City as an example our experience with the Orange Bowl in building the press box and the upper deck, and I think we accomplished the fact in some- thing like 45 days, we stayed within our budget. in fact saved a little money, I think the track record is the important item. and the enthusiasm, and the attitude toward the work. I am also convinced that there is at least a hundred engineers in the east coast of the United States capable and qualified to do the job, from that point on it is the attitude and enthusiasm and side efforts that can be added. I would like to introduce if it is all right. and cut the time short, Mr. Waterby of URS Madi Praeger to continue our representation, in that way we will take less than 10 minutes that each would have taken. r 90 JUL 251974 Mayor Ferre: As I understand it you and URS Madigan Praeger are joint ventuing this? Mt. Kunde: Yes, this is to bring all the best of everything we can to the Cif:y of Miami for the f.Lnest Orange Bowl and sports complex in the world. Mayor Ferre: Thank you very much Mr. Kunde. What has happened now, instead of 9 you now have 8. Mr. Andrews: Two of them jointed together. Mayor Ferre: In otherwords, Kunde has joined with DRS Madigan Praeger. Mr. Waterby: Gentlemen, in order to make this presentation as short as possible, I have put thiese stadium representative photographs on two boards, in hopes you can look them over simultaneously. We have been in the stadium design business since 1950, the first stadium we designed was for the Dodgers down here in Vero Beach, it cost $6.00 a seat. Since then we have done, have been involved in about 17 different stadiums around the country, and at the present time have two major stadiums under construction. The massive renovation on the Yankee Stadium in New York, and we are joint ventures with a firm in Seattle on the design of the Seattle Stadium which is being constructed at this time. I could go over the list of stadiums that are before you, I think I'd rather save the time. I would like to show you because of the fact that this is an alteration job, I would like to indicate what we have done on the Yankee Stadium as a major alteration to an old structure. Mayor Ferre: Isn't that under construction right now? Yankee Stadium, Mr. Waterby : The construction of the Yankee Stadium has gone through about 25% of the major alterations at this time. The odd stadium had 50% of its seats obstructed by columns, which show on that sheet which we can superimpose upon our new scheme. The items in red there have been demolished, the old roof and entire tow of columns that obstructed the seating view are going to be removed. The roof has been removed, the columns will be taken off after we post -tension the new structure, the new roof that goes above the old structure. We have built a new line of foundations around the base of the stadium, we have put in new columns at the back of the seating. We added seats at the back of thetop here, to balance the cantilever, which we are creating by taking the major structural columns out in front of the stands. This is job that the construction cost of is in the neighborhood of 35 million dollars for the general construction and it will be a complete renovation with all new toilets, concessions offices team quarters and so forth, I think that is all we have to say. Mayor Ferre: Thank you very much. Now. Rader and Associates, Rader and Associates spokesman: Mr. Mayor and Commissioners, I am here on behalf of Earl Rader and Associates who as you know have unique familiarity with this particular project, the Orange Bowl, they are also unique familiar with th,, local conditions and needs. They have associated with them one of the 91. JUL 251974 • • outstanding experts in people Movers and stadium design in the world and we will introduce them shortlythat is Welton, Beckett and Associates. With us today from Mr. Rader's firm is Mr. Rader Sr. whom I know you all know, Mr. Rader Jr. and Mr. Johnson who has previously worked on the Orange Bowl. There is a fondness of course, Mr. Rader arts his firm has because of their long standing familiarity with the project from the conception of the Orange Bowl all the way through successive design variations. At this time I would like to introduce Mr. Morton Fishman of Rader and Associates, Vice President, Architect -in -charge, who has made a thorough search for an expert to associate with them to help advise on new inovative things going on in people movers in stadium design. Mr. Fishman, Mr. Norton Fishman: Mayor Ferre, members of the Commission I have a two-part presentation which will be most brief, I have 6 charts here that I shall leave with the Commission, the first of which identifies the personal rapport with the Orange Bowl since its inception by Mr. Rader Sr. The second chart identifies the local stadium and stadium -type facilities accomplished by the association, the third chart shows the national of items, the last chart with respects of projects as inter- national, which I will tough on in a moment. The next chart identifies the total numbers of such facilities that have been accomplished by the firm and the last chart identifies the three billion dollars worth of construction from which source those fees have disseminated in the Miami area over the past 25 years. My first with the fine firm and association today, dates back some 10 years ago when I was investigating a facility in the Philadelphia area at which time I contacted people in Rome, Tokyo, Argentina, and I became acquainted with, and knowledgeable of the fine firm of Welton Beckett and Associates. I have here today Mr. Fred Vice President of Welton Beckett, then I have Mr. Arthur LoveDirectorof design. Mr. Weckel, Vice Pres. Welton Beckett: Mr. Mayor, gentlemen, I'm pleased to be here today, and very pleased to have been invited to participate in this presentation for your project with a fine, strong dependable well known local engineering and architectural firm. Some of you may know of our firm,. having known us through our involvement at Orlando with Disney World project, Gulf Life, up in Jacksonville, over in Clearwater, the Sand Key Hotel project going ahead now, in short wettctive locally, knowledgable locally in terms of codes and personalities and soil conditions, that does not take away from the fact that we feel it is ex- tremely important that we have a rapport with an on -going entity at the Orange Bowl, this type an entity is more important than ever, because this is a renovation and expansion project. Unidentified person: ---four minutes, Mr. Weckel: I'd like to turn over right now, the last part of our presentation and talk from the point of design by Mr. Arthur Love. Mr. Arthur Love: As director of design for Welton Beckett and Associates my concern with your project will be identical with the concern I had during the past 15 years in the Beckett organisation, with virtually all the public assembly and stadium 92 JUL 251974 • programa that our firm has done. This starts with a enclosed stadium proto-type that we did two years before the astro-dome for Seattle Washington, includes a Dallas Stadium, work at Disney World on people movement system, work at the New York Worlds Pair, on three of the major exhibits, on people movement and crowd control, some 6 other major public assembly buildings in which certainly one of the more significant consideration was people movement itself. As a summary we feel our firm brings to this team the type of strength and inovative background that is necessary to properly solve not only the techincal aspects of the stadium construction program but the overwhelming problems associated with people movement and direction in a public facility such as this. Thank you. Mayor Ferre: Reynolds Smith and Hills, ---- Mr. Bob Kline: Mr. Mayor members of the City Commission, my name is Bob Kline,,Vice-President of Reynolds Smith and Hills, and manager of the Miami office. Reynolds Smith and Hills is a firm that was organized in 1941 in the State of Floridaand has grown to approximately 700 professionals and support personnel within the State. We view this project as a challenge, and we have analyzed it, and we believe if we are selected, you are going to require market research up front to justify any of these boxes that you may want to sell or lease to some corporation. You will want a need economic feasibilities, cash flow analysis to justify the whole program that you are intent upon, in addition you will need comprehensive planning, traffic analysis, structural,civil,mechanical, air- conditioning type of servict4s all of which our firm completely offers to you, the City of Miami, in addition we have the expertise in-house and manage major complex construction projects. Our experience in the fields of stadium design is quite limited, most of the work we have done has been in the State of Florida, we added approximately 30,000 seats to the stadium at Gainesville Florida, we designed a grandstand at Field in Orlando, we have done a deg track addition in Jacksohville and we have done a major area comprehensive planning study for the Gator Bowl complex in Jacksonville. One aspect of your project is the transportation, people type problems, and I would like to relate our experiences at the Tampa International Airport, we were the architects for the land site and all air site terminal buildings in conjunction with other colleagues and other consultants, we of course worked on moving people around both horizontally and vertically. We have of course project managers, economists, to manage and run the team to fit it within your budget. Thank you very much. name Mayor Ferre: Thank you very much, Ross Adams Engineers, ---- Mr. John Ross: Mayor Ferre, Honorable Commissioners my is John Ross, President of Ross Adams Engineers. We would like to introduce the partners of the firm, and the consultants who we have chose to bring with us as a group. We have Bill Adams, senior partner in Planning, we have Bill who is Executive Vice President, and is also an expert in parking garages. We have Ed Lopez who is Vice President of structures and who has stadium expertise, he has worked on 8 stadiums during the past 7 years. 'e have Bill Lee who is Vice President of energy systems, which would be an important 93 JUL 2 51974 contributory part in this project. In addition to that we have as architectural consultants, Perkins & Will, a nationally known firm of 400 employees and personnel, and with us today we have two members of their local branch Office, Ralph Cook and Ed . I would like to introduce over here. In addition to that we have a stadium expert in Mr. Homer Porter who has designed stadiums for 25 years, a:, we will introduce him so he can talk to you about his experience which is vast. He is an authority, he has written many articles on stadiums, and he will talk to you in the later part of our presentation. Our firm has a lot of experience in institutional work, we are doing a multi -purpose building for F.I.U. we are building a technical center comple:: at Miami Lakes, we are doing the Bay Harbor City Hall, we are doing the U.S. pavillion which is in hold, at Interama, and we are doing a 20 million international complex at the Miami International Airport. This includes the flow of people, of baggage, the movements of aircraft, and gets a great deal of experience in the movements and traffic patterns which will become a very important part of this orange Bowl expansion. At this time I would like to introduce Mr. Homer Porter. Mr. Homer Porter: I am glad for the challenge for to present in two minutes some 25 years of experience in stadium design. We have shown here a few typical examples, if Mr. Lopez will come over where he can point to them, I'll call attention to just a few of the 28 of which I have had personal experience. These include new stadiums, the one, the Three Rivers Stadium at Pittsburg, perhaps some of you saw the all star game the other night played in that stadium, you noticed the Allegheny Club, the walk-in dugouts, the colorful seats. This experience also includes the Robert Kennedy Stadium at Wtshingtin D.C. It was the first stadium without columns in the seat deck. It was also the first stadium that had moving stands, experience also in- clude the Milwaukee County Stadium, which was the first with a cantilevered press box, but we go beyond that in these stadiums to those where we renovate and remodel and improve existing ones. I would like to call youkattention to the University of Michigan, the largest college stadium in the United States, seating over 100,000. We added seats to that and put in a new press box, the interesting thing about that is when a press box costs more than a half million dollars, it becomes a communication center. By adding that box. we added 1,000 seats on the 50 yd. line and gained enough revenue to pay for the communication center, (am I talking too close to this) Mayor Ferre: You are going to be out of time in about 30 seconds. Mr.'Porter: I'd like to close by saying this, that with 28 stadiums and 25 years of experience I hope to bring to Ross Adams and to the City of Miami, the exi.erience, personal experience, in the design and renovation of stadiums and ex- perience in cost analysis, and understanding of timing. I can bring to you a record of successful accomplishments. Mayor Ferre: Thank you very much.Now, Watson, Deutschman Kruse & Lyons. ---- Mr. Mike Deutschman$ Mr. Mayor and members of the Commission. 94 JUL 251974 my name is Mike Deutschman, I am a partner of the Firm of Watson, Deutschman, Kruse and Lyons, which is an architectural and engineering firm in business in the City of Miami since 1951. Our major work experience has been with governmental, institutional, educational projects, most relatively large projects, involving facilities for handling large groups of people. Our record indicates strength, and inovative archi- tectural and engineering concepts. For the Orange Bowl project, we will be associated with the renowned firms of Edward Durrell Stone Assoc and Edward Durell Stone, Jr. and Associates. This association is being presented for your consideration for the following reasons. One, Edward Durell Stone's extensive experience in the design of large projects, including the Kennedy Center of Performing Arts in Washington, the Philadelphia Convention Center, and as far as stadium sports events, the Busch Memorial Stadium in St. Louis which seats about 50 thousand people, they did preliminary design work in association with another firm that presented their experience earlier for the Detroit Stadium, Mr. Stone's firm'did the artectural design and and also the Tulsa Assembly Center which is a spor•:s arena for multi -purpose sports. They have also done work on 10 colleges and universities along with the various sports facilities. Two, Watson, Deutschman Kruse & Lyon long experience in the Miami area with its knowledge of local building procedures and its outstanding record of cost control, to give you some example of our work, recently the Victoria Hospital, the FloriCa Atlantic University, the University of Miami, the Library the Computing Center, the Ashe Building, and others, ---- Three, the Orange Bowl project presents a challenge and site planning and landscaping, and Ed Stone Jr. is suited for this purpose having done many projects you are aware of, he has done work at the Bayfront Park, at Watson Island, the design review for the Airport, park consultant for Boca Raton, has done a number of parks in Broward and is known pretty much in the wester hemisphere. The association of these three firms is not a new one, we have worked together several time before, by pooling our strength and by having excellent working relationships, we have done outstanding work together. Each of the three firms have received many awards for architectural and planning experience over the years. As a team, we are not completing the most difficult planning design project for the City of Miami Beach, the ex- pansion of the Convention Center, despite the rapid escallation of costs, the project is 90% complete, and with these uncertain times it is indicating an over -run of less thsn 1% on a contract of 11 million dollars. The client is getting excellent design and dramatic architecture within the cost limits of the bond issue and on time, and without interfering with scheduled oper- ation of the Convention Hall. The physical size of our firms collectively vary somewhere from 130 to 150 people. This is how we intend to work together. Programmers and design specialists from Mr. Stone's office and architectures and engineers from Watson Deutschman, Krues and Lyon will survey the Orange Bowl and meet with the City of Miami staff and users to evaluate staff concepts, study new approaches and arrive at a program of requirements, evaluate the in -put of special consultants for traffic, land acquisition and financing etc. Mr. Ftone's office primarily do all the con- ceptual design, with constraints, as to construction methods and costs applied by the local firm, Watson Deutschman, Kruse & lyon. The presentation drawings, and the preliminary design drawings will be prepared jointly by both Mr. Stone's office and Watson. Deutschman Kruse & Lyon, presented to the Commission staff. 95 JUL 2 51974 for its approval and comment. At this approval, a timetable of possible sequence construction,- Unidentified person:- --four minutes ----- Mr. Deutschman: ---in relation to budget and available financing will be presented. After approval of the first phase. the contract drawing and specification will be prepared, in Miami, in our office, jointly with Mr. Stone's people, and the site plan will be prepared by Mr. Stone Jr. Of course, the administration and construction will be done by local people from our office. I would like to introduce to you two people representing the two firms, Mr. Edward Durell Stone Jr. from Ft. Lauderdale, and Mr. Page Donhauser, who is a partner in the firm of Edward Durall Stone Sr. in New York. Thank you very much. Mayor Ferre: Thank you very much, Mr.Deutschman. Now, ladies and gentlemen, we have a problem and the Chair is going to rule, unless the Commission wishes to override my motion. The problem is, we have a letter from Dignum Associates. by Mr. Norman J. Dignum professional engineer, requesting to be heard and in it, and this is why it is a personal problem to me. he mention that Mr. Andrew F. Gustafson is a consultant. a man I highly respect and happens to be in our midst. I would like very much to hear from Andy Gustafson. who I haven't seen in a year or two, unfortunately the p::oblem is, we had over 20 some odd people,---27,----who sent information in and requested to be on this job. The manager has selected 9 and we designated the Manager and gave him the authority to recommend people. At the last Commission meeting Father Gibson made a motion, and it was accepted by the Commission to extend an invitation to those 9 final applicants. Now, as much as I would like to hear Norman Dignum, I don't think it would be fair to the other peoi:le who were not selected who were not afforded that opportunity, so I will rule that at this time me cannot hear Dignum Associates unless somebody wishes to overrule by making amotion, we will take them our of order, then put to a vote. Mr. Plummer: Mr. Mayor I am not objecting, I think your ruling is very fair. We set the rules of the game, and Andy Gustafson is a good friend and I don't see how we can tell one good friend yes, and others no. I would only say this Mr. Mayor, that if the Commission cannot agree on three people, then we invite Mr. Dignum and others to come back so we can get three to send to the Manager. I think in fairness that would be the way we should follow. Mayor Ferre:Do what, J.L.? Mr. Plummer: If the Commission cannot agree on three, we then invite Mr. Dignum and others to come back to make ' further presentations at -a latter date, so that we can comply with the State law which says we must sent three names to the Manager. Mayor Ferre: Does anybody want to make a motion overriding the ruling of the Chair? Mrs. Gordon: (inaudible question) 96 JUL 2 51974 Maybr rerre: Mr. Dignum wrote requesting to be heard and I am saying we cannot hear him because it would be un- fair to the other that were not finalists. So, hearing no motion, let me recommend what I would like to do, and then lets see what you want to do,then decide. I would like to have eetch member of the Commission to select his first choice. After we do that, if there are three who select the first choice, then it is all done and over with, if there are not three, then we will eliminate everybody but those that have been selected, so there might be five, there might be four. If we do it that way then there will be either five finalist or four finalist as the case may be. At that point then we, -if we can't come to an agreement, on second vote, we will do it on numerical basis, for 1st, 2nd and 3rd choice. The first choice will get three points and 2nd, two and the 3rd choice will get one point, then we will total the points and the people who get the two highest number will then be voted upon by the Commission. Rev. Gibson: Say that again, Mayor Ferre: We are going to start off by selecting, -- each one of us, our choice. Rev. Gibson: Each one of us will give our #1,--- Mayor Ferre: That is right, we will end up with either, somebody who gets three votes, and then it is all over, secondly, we can get four finalists, or we can get five finalists, because each of us may select a different one. Mr. Plummer: I don't think it is a good way, but I will go along with it. We are playing a numbers game. Let me say this, Mr. Mayor I have only sat on this Commission meeting on one other occasion where I had the opportunity and I say that after listening to these presentations where I really don't think we can go wrong with the firms that have made their presentations. I think we have the cream of the crop, that is here, and I am very pleased that I am put in a position of chosing, let's say, Lf I have, and I have to, three of the cream of the crol., because it shows the people have interest in the City. Now Mr. Mayor I have to do what I have always done, and the q uestion I will try to keep brief and if anyone of the 10 wish to respond you may do so, in order as you appeared. Mr. Manager was every applicant given either an idea, a drawing or something to indicate what the City has in mind to do at the Orange Bowl? Mr. Andrews: They were not given a drawing, to my knowledge but we gave them a very careful description of the kinds of projects we have on -going right now that the Commission is aware of, plus what is anticipated in their work in the future, including a description of what is contemplated in the preliminary planning stage. Mr. Plummer: I will abide by your next answer, --is it fair to ask of all of,the applicants whether or not in their expert opinion, the sum which has been purported by the City as a ball -park figure, is in fact reality and can be accomplished those things that were outlined to them. In other words, Paul, what I am saying is, we know what the figure is of $18,000,000. 97 JUL 251974 • • Mr. PlUmMer: What 1 want to know. do they think that it ie within reality that what you have outlined, it can be done for the $18,000,000. figure. Is that a fair question with the infortttation they have been given? Mr. Andrews: Yes, I think it is. Mr. Plummer: 1 will not put anybody on the spot. I would like if anyone from Carr and Smith would like to address that question, quickly, you don't have to go the mike. (Inaudible reply) Mr. Plummer: Your answer is yes, ----thank you. Connell and Associates, --- Mayor Ferre:----(repeating reply)---yes,---- Mr. Plummer: Greenleaf-Telesca , Unidentified person: yes, - Mr. Plummer: Is there anyone who thinks the figure is not in the ball park? Ross Adams:It works out to under $200.00 a week. Mr. Plummer: You think the 18 million with the parking structure and the enclosure of the east end zone. ----- Mr. Andrews: The parking structure is not included in the 18 million, ---- Mr. Plummer: I am sorry, the sky -boxes all of that, is within the same ball park, and it is not holding you to the penney, but it is within reason. Unidentified person: It requires a much deeper analysis. We have come through with the example I gave you before of the Miami Beach auditorium, which a budget was prepared by the City people. It turned out to be actually more than they can afford . We actually went down and studied every item, ---item by item and came back with a shopping list, and we said this is as much as the bond issue can serve, we will have to get a list of priorties, which are the most important things you need on time within the budget. On that basis is the only realistic basis you can do it. Mr. Plummer: I am just, Mr. Mayor getting on the record that we don't go through all the processes of the engineering and get right down to the nitty-gritty and we raise the flag and say well, we can't afford it. That is what I am trying to forestall. Thank you for getting this on the record. Mayor Ferre: Thank you, if there are no further questions, then will the Clerk ask each member of the Commission the name of 'his choice, and if there are no clear three votes, we will follow the procedure I had in mind. Mr. Southern. City Clerk: Mr. Plummer? Mr. Plummer: Carr Smith and Associates. 98 JUL 25 414 Mt. Reboeou Based that renovation is not the same thing as building the stadium, and the joint venture that they made, and the previ0ut3 experience that George Kunde and Associates have with the Grin ge Bowl, your working with the Yankee Stadium, l will vote for that joint venture. Ret>. Gibson: I want to offer the name of Rader and Asaociates. Mr. Southern: Mrs. Gordon,? Mrs. Gordon: I have not made a decision yet. Mayor Ferre: I will offer the name of Ross Adams Engineering. Mrs. Gordon: I think the combination of two of these firms that join together strengthens the position of each one, and I think I would go along on that combination U.R.S. and Kunde, are they the two that joined? Unidentified person: Yes, Mayor Ferre: Since no one got four votes, then the process we will follow now, is, we are down to four firms, they are Carr -Smith Associates, Kinde Associates, Rader and Associates, and Ross Adams Engineering. If you will place your 1, 2, and 3rd order, then what will happen is, we will assign three points to the 1st, 2 points to the 2nd, and one point to the 3rd. The two firms that get the highest points will then be the finalist and we will vote and one will get a majority, ---- Mr. Southern City Clerk: Mr. Plummer's #1 choice is Carr Smith, 2nd choice Rader and Assoc. 3rd Choice Kinde and Associates, Mayor Ferre's 1st choice is Ross Adams, 2nd, Carr Smith, and 3rd Rader and Assoc. Mr. Reboso's 1st choice is and Associates, 3, Ross Adams, Rev. Gibson's 1st choice is & Assoc. 3rd Carr Smith, -- Mrs. Gordon's 1st choice is Smith, 3rd Ross Adams, Kunde & Assoc., 2nd, Rader Rader & Assoc, Kunde & Assoc. 2nd Kunde 2nd Carr Mayor Ferre:---we are down to three, Carr -Smith, Kunde and Rader.---Kunde got 9 points, Carr -Smith and each got 8 points, ---now we have to eliminate one of the ties, ---- Mr. Plummer: ---not eliminate, ----•- Mayor Ferre:----you have to vote for one, in other words we have to get down to two, and then we can vote. I think the simple way to do this, if it is all right with you, do it on a voice vote between Carr -Smith and Rader and see who cats three votes, then you are up to the two finalists which is Kunde and whoever the other finalist is , -----is that acceptable, ----call the roll, ---- Mr. Southern City Clerk:Mr. Reboso, (inaudible) -- Mrs. Gordon: What are you doing this for? Mayor Ferre:We are going down to the finalist,---Kunde is a finalist, he is in the running. Now it is Kunde and somebody ese, then we will go through, 99 JUL 2 51974 Mr. Southern; Rev. Gibson? Rev, Gibson: Rader, - Mr. Southern* Mrs. Gordon? Mayor Ferre:---between Carr -Smith Kunde is already in the run -off, ---- and Rader, ---- Mr. Plutnmer: Wait a minute, Mr. Mayor, no. you wrong, --all we are really voting on, -----who got 9? Mayor Ferre: Kunde, are Mr. Plummer: ---okay, that is number one, ---he is number one, right now. All we are doing is choosing who is number 2 and who is number 3. Mayor Ferre: You are right. We have to choose is number 2 and 3. That is what it amounts to. Unidentified person: I don't believe that was the rules. What we were trying to do was select the number one person, and nobody has, --- Mayor Ferre: He is right. What I said is ground rules, was, ----we were going to get down to two finalist, and then we were going to vote, and who got three votes that was it. Unidentified person: At this point, it is Carr. Smith and associates, and Mr. Rader, we have to have an elimination of one of them, Mayor Ferre: He is right those are ground rules we set in the beginning. Mr. Plummer: I am sorry I don't understand that. I don't have a computer. Mrs. Gordon: I don't either. Mayor Ferre: The reason is, ----what I said was, that we going to get, down to two choices, then vote for the winner. It is a process of elimination, and what has happened is. there are two firms that are tied, so we have to now, eliminate one of those two firms. then vote between Kunde and the firm that is left. Whoever gets three votes wins. It is just that simple. Let's go back to the original, and thank you for the correction. Call the roll, now, what you are voting on is either Carr Smith or Rader and Associates. Mr. Southern: I have Mr. Reboso's vote and Rev. Gibson's vote, I am calling Mrs. Gordon. Mayor Ferre; Mr. Plummer: Mrs. Gordon: There are two votes I am sorry, I don't Carr -Smith. for Rader and Associates, understand this. Mr.Plummer: I likewise vote for Carr Smith, Mayor Ferre: And I vote for Now we have to vote between Kunde Call the roll, we are gets this vote. ---if anybody gets Carr Smith. That makes three. and Carr Smith. for No. 1,---- down to the finalists, whoever three votes, he is number one, 100 JUL 2 51974 the next One is number two, and the third one is Rader and Asaociatea. That is whit it amounts to. Mr. Plummer: If this is a simple system,, I'd hate to see the complicated one. Mr. Southern: ---Rev. Gibson? Rev. Gibson: Kunde Mr. Southern: Mrs. Gordon? Mrs. Gordon:--Kunde,-- Mr. Southern: Mr. Plummer? Mr. Plummer: I vote for Carr -Smith. Mt. Southern: M:.•. Reboso? Mr. Reboso: Kunde, Mayor Ferre: Carr -Smith, ----so the results are Kunde, No. 1, Carr Smith is No. 2. Rader is No. 3. Mr. Andrews: Mr. Mayor, there is one important ground rule that I would like to establish in the record for the these three firms, a negotiation process and that is that architects and engineers in the process of planning for a specific project will most usually invest a great deal of time in their preliminary plans as much as 50% of the total fee that they might receive. recognizing that we are talking abau t 15 to 18 million dollars worth of potential improvements, I don't want any of these architects and engineers to leave this meeting with the feeling that they are going to be designing a preliminary plan for the City of Miami that would get thim involved in half of their total fee going toward a preliminary plan. I had indicated to them in my meetings with each of them now I want it for the public record. t 7*t the City of Miami proposes that the firm selected, design a preliminary plan which will be composed of all the elements of improvement with a price for each improvement. They will not become involved in a design of each of those elements until instructed to do so the City depending on our capability to finance. Therefore I am looking for very special arrangements as to the development of a preliminary plan that would not ordinarily follow the negotiations for a specific project that we are going to carry through on a one year basis or so. Mr. Plummer: Let me ask this question, Paul. I think you comments are well taken, and I hope they all understood and I am sure you are going to follow it up in writing. But let me ask this, the final approval of the negotiations is back before this Commission in approximately how long? Mr. Andrews: Well, i would hope with the hearings we have in September, and considering the budget we can accomplish this by the first of October or shortly thereafter as possible. Unidentified person: Before the agenda closes, might I ask if the City could choose a new 3rd choic., and ask the City to consider Mr. Carr Smith is a long time friend and 101 JUL 2 51974 • associate with Mr. Racer, both local, their out of town experts do know each other. We feel the whole group could possibly work together, I noticed in balancing votes, some people were more impressed apparently with the Atlanta experts and the New York experts, and this and that, if we Fut them all together I know Mr. Smith personally, he knows Mr. Rader personally, we we can all work together with all of our exi.erts, maybe '.'e are a little stronger in people movers, maybe they are a little stronger in stadiums. Then if you could have the votes, you anticipates between this new No. 2 and the No. 1, to see who would be No. 1 and select a Mrs. Gordon: I ,don't think that would be fair. Mayor Ferre: Mr. Kunde won this fair and square, congratulations Mr. Kunde. I hope you can work out the contract with Mr. Andrews, if you can't, then they will be talking to Carr Smith, if Carr Smith wishes to come to some kind of an arrangement with Rader. that fine, and if youcan't work it out with Carr -Smith, then you try to contract with Rader and Associates. Mrs. Gordon: May I say when we speak of Kunde, we are also speaking of the other firm which was U.R.S. Madagan-Praeger, Inc. so it is a dual name I think we should include it in the designations that we use. Mayor Ferre: We are at the point of making enaction, is that right. Will someone move? Mr. Reboso: I move KUnde and Associates, Mayor Ferre:-it has to be in that order, Manolo,1,2,3---- Kunde Assoc. - URS Madagan-Praeger,-- Mr. Reboso: - - - -right, No. 2, Carr -Smith and Associates,Inc. and No. 3, Rader and Associates. Mayor Ferre: There is a motion, is there a second? Further discussion? Call the roll, Thereupon the following motion was introduced by Mr. Reboso who moved its adoption: MOTION N0. 74-633 A MOMS DESIGNATING KUNDE AND ASSOCIATES, U.R.S. MADIGAN-PRAAGER, INC., CARR SMITH & ASSOCIATES, INC. AND RADER &7 SSOCIATES, INC. IN THE ORDER LISTED, AS THE TM.AX CONSULTANTS RECOMMENDED TO THE CITY MANAGER FOR NEGOTIATION OF A CONTRACT FOR ORANGE BOWL IAPROVEMENTS Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. P1Vaer, Mt'. Reboso, Rev. Gibson and Mayor Ferre. NOES: N ne. Mayor Yarre: Congratulations, lets get going with the job now. George. 102 JUL 251974 • MIAMI CITY COMMISSION MINUTES OF MEETING HELD ON JULY 25, 074 VOLUME II PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G QNGEE ASSISTANT CITY CLERK • oa REPRESENTATIVE A]PATAA1F bSS E$SMEKTStANDAMIILLLAGEERATES TO DISCUSS 1974 Mayor Ferret Mr. Clyde Banks, the representative of the Board of Realtors advised he could not appear and Stanley Dodd will appear. Where is Grace Rockefeller? braes, do you want to talk on this item? I'll recognize you after. ilr. Herbert Lee Simon: I am Herbert Lee Simon, a reactor, representing the Miami Board of Realtors, relative to the tax assessment, 1974. We feel we are representing the public in this matter and we also feel the public is paying the maxiaUa taxes they can afford to pay now. Mot only are homeowners hurt, often in the newspapers we read the headlines, I guess it makes better headlines that the homeowners are the worst hurt, ---of course they are, but you are also aware that taxes are passed right on down the line. if it is shopping centers or stores, or apartment buildings that have an in- creased taxes, they are going to pass it right on to the consumer. it still comes back to the homeowner, the renter or whatever he may be. In light of the very heavily increased assessments, which I know you are aware of, we are concerned now with the millage because this is really what counts. It matters not what the assessed value is as long as the millage levy can be decreased sufficiently to make up for the difference in the increase. Our board of realtors work with Joyce Goldberg and the county commission of what I believe is commonly known as the Joyce Goldbera Amendment where they have limited the millage levy for Dade County. We have also taken it upon our- selves to have representatives approach the 27 municipalities in Dade County and have each of of these representatives who either live in or doing business within that municipality to ask each of these councils or commissioner as the case maybe, in each municipality to limit their millage levy this year so the ultimate result will be roughly the same amount of taxes with small increase perhaps, as the average member of the public was paying last year. We have for example, I assume that all of you have received this document which was issued by the Dade County tax assessor which shows that if you choose to levy 8.387 mills this year, the tax dollars that the City of Miami would receive, not counting new construction, would be exactly the lame tax dollars you would receive with a higher millage levy last year. In addition to this, you have three hundred and eleven million, plus of new construction which was built in the City of Miami during the year. So you would therefore receive not just the same dollar amount with this millage, but the dollar amount plus this 8.387 mills on three hundred eleven million dollars of additional property. We believe the City could live with this additional amount of money, we hope you will see fit to do so, so that we won't have an increased burden which we feel the average taxpayer can't afford. As you know, not only locally, but nationally, homeowners are just up to their necks in the bills they are paying between their taxes, mortgage payments and increased interest rate we all are facing, homes are getting to the point of impossibility for the average homeowner to, --- potential homeowner, ----to buy, we feel this bad for the City and bad for the country and hopefully, I'll conclude with just hopefully you can live with 8.387 mills as, I don't know 10J JUL 251974 • • if I should use the word recommended, suggested I should say, by the Dada County Tax assessor. Thank you for listening. Mr. Clyde Banks: I am Clyde Banks, President of the Miami Board of Realtors, and in the last several weeks I have had an awful lot of calls from homeowners here in the City of Miami and throughout Dada County that are very concerned in regard to this new assessment, and their new taxes. These are people primarily on limited incomes,that are practically taking their homes from them. I would like to see a plan initiated, probably to the State legislature, I would like to see the Commissioners of the biggest city in Dade county, the Commissioners to the City of Miami, to lead the drive. for leglislature, if this is what it requires, wherein a person beyond a certain age could choose, if they so desire, as owners of their property, taxes that would be levied against that property would become a first lein, wherein their tax certificates would not be sold, and the City and the County would hold this levy against that property at an interest rate of 6% until such time as that property was sold, or that person died. This could be, where a person reaches a certain age, of 60, 55, or 70 years of age, I think we should, citizens of Dade County, take into count these citizens that helped to build our country, helped to build our City and County, and protect them a little bit. And I would like to see this commission, if it takes a resolution, whatever it takes, to come out in favor of such a plan, to be carried to our county and carried to our State legislature in order to protect these people, and I ask you to take this into deep consideration of such a plan to protect our senior citizens. Thank you. Mrs. Grace Rockefeller: Mr. Mayor and members of the City Commission, I am Grace Rockefeller, I live at 814 N.E. 71st Street. I am President of the N.B. Taxpayers Association and director of the N.E. improvement Association. I have been a sked to speak here today in behalf of 18 different associations that I have represented before this Commission inthe past. in an effort to urge this Commission to roll the :village back, to where there will be no increase in taxes this year. Those associations are the N.E. Taxpayers Assoc., N.E. Improvement Association, the Belle Meade Properties Assoc. the BayPoint Property Assoc., Bay Heights Assoc., Bayshore Property Assoc. Grapeland Heights Civic Assoc., Coconut Grove Tigertail assoc. Coconut Grove Civic Assoc. , Coconut Grove Causes, Virginia Cares, Coconut Grove Black Assoc.. the Latin Civic Assoc. the Latin Republican Club, Congress of Senior Citizens, the Senior Citizens League of voters. and the Federation of Nbmsn's Clubs. I talked to Mr. Lloyd our City Attorney and he tells due to ordinances on the books, that I must adhere to, that I cannot speak for anyone else but myself today. I cannot believe it was the intent of this Commission in passing this ordinance, to stiffle any board member on anything other than conflict of interest, because they donate a lot of time to the City. I talked to J. at Metro, he told me they had a similar ordinance over there, and it resulted in them losing 5 of their top planning board members, which resulted in their taking another look at their ordinance, and in looking at this ordinance, they decided it was discriminatory, and I strongly urge this Commission to take another look at the ordinances. 104 JUL 251974 Mr. Plu> r: That is not a local ordinance, that is a State legislative act. Mrs. Rockefeller: I talked to Mr. the other day and he said they had revised their ordinance. Mayor Ferre: Grace, you are on another subject. Mrs. Rockefeller: I just want to tell you why I can't speak for these people. I am speaking of the private citizen but while I am doing it, I asking this Commission to take another look at that ordinance. Mayor Ferre: Mr. Lloyd would you study that and make a report back to this Commission at the next meeting, and clarify what this is all about, then at that point I'll recognize you again, once we have the facts. Mrs. Rockefeller: I am going to speak as a private citizen. Mayor Ferre: Go ahead. Mrs. Rockefeller: So I appologize to those associations and I will speak as Grace Rockefeller, private citizen today. Several weeks ago, I had a very heart-rending experience. I attended the Dade County commission, where 77 associations appeared, which represented every facet of Dade county. They were there to urge the county commission to pass Joyce Goldberg's bill which would have rolled the millage back to where there would be no taxes. The senior citizens spoke and it was very heart-rending. They said the majority of them lived on an income of less than $5,000. a year. Out of that income they are trying to maintain their homes, which they do not hold for speculation, --they hold for a roof over their heads. They said each year, as the assessment went up they had to tighten their belts to the extent there was mo room. Now it has become a choice of keeping their home or buying the proper food to feed themselves. And if this assessment goes up any more, that they will lose their homes, many of them will be thrown into the streets. There were many younger people spoke, which was awfully touchy. They said that there were thousands that work in Dade County making less then $8,000. a year before taxes are taken out. They are rasing three or four children and with the price of food, medical expense, and clothing, it was impossible to keep their homes and feed their children properly. One man said that all they buy is the bulky foods to raise their children on, just to keep them from starvi ng. They have to nake that choice between that losing their homes, They further stated that none of them were = welfare, or none were in public housing, but they felt that if taxes go up anymore that their own government was forcing them into welfare and to public housing, and they pleaded with the Commission not to do this. They want to be independent. They also stated they did not work for a union, the younger people did, nor did they Mork for the government. where they could strike for more money, or where they got a nice cost -of -living subsidy. They had to Hake what they go do, it was very heart-rending to listen to these people, and I was very sorry. as I looked around that audience that day to see none of our City commissioner there. I think it i 105 JUL 251974 would have been good for you to hear that. low the Commission did not answer any of their questions. When they asked how are we going to keep our hoses, they were told, we need more taxes. ----we need more taxes. Commisabner Payne stated he knew the county could operate very well if there had been no increase in taxes, and one man said I believe you mean that Mr.Cain, you voted against Joyce Goldberg's bill on the first heariag and then the following week you recommended that your own salary be increased from $6,000. to $22,500. Now they were told this was all due to inflation, but every economist that r have read has stated inflation will never be curbed until every branch of the government, City, County State and Federal exercises the utmost fiscal responsibility, cubs your spending, cut out the unnecessary spending, as one elderly man said, you have told us you are giving us all these extra services, ---I want to know what good they are going to do, if we are thrown into the streets, and another thing I feel, ----I agreed with those people, I feel there is no consistency in these assessments that are being passed by Dade County. I thiak what Dade County needs more than anything else, is an elected tax assessor. For instance, my home is 25 yearn old, I got a 77% increase, yet the Miami Herald is a flourishing business, they are buying up dhaina of newspapers every day, they got a 22% decrease. Now if anybody can tell tie how that would go by, --I know Mr. Andrews our City Manager, has already finished the budget, which calla for an almost 4% increase in taxes. I was very happy to hear some of the commissioners say that they think that could be trimmed, and I was delighted to hear Commissioner J.L. Plummer say, and bring up ways it could be trimmed, that he intended to go over this budget, item by item to see what could be reduced. We applaud ...Hat statement. We have a lot of confidence, ---in this respect I am going to speak for other people, as well as myself, I think this Commission is a very excellent commission and I am speaking for the City of Miami, and you know we believe that because we elected you to this office. We also know we have a very fine City Manager, what I am asking you to do today, or tomorrow or when you have time, is to sit down with Mt. Andrews, conscientiously go over this budget, and weigh the things that are not absolutely necessary to the welfare of the City, and say 'what is more important, this item, or for people keeping their homes' and I think if you do that you can find many items in the budget, with all due respect to Mr. Andrews, I think he felt he did a very good job, but the taxpayers feel it quite wasn't good enough, to get it down where there is no increase, I think you can find a lot of things you can cut back on, some things you can eliminate altogether. This Commission can go to you r people, and say we took the lead, we are the Commission with the heart, we have not raised your taxes, we told you we would represent you to the best of our ability, and that you can be very proud of. I'll say once more, we have confidence in this commission, it is the best city commission we have had in a long, long time, and I trust you will get together with Mr. Andrews, and see what you can do about bringing that 3.7 down to 0 tax increase, and I thank you very much. Mayor Ferre: Thank you very much Grace Rockefeller. We are always happy to hear your words of wisdom, and we pay attention most of the time. This might be one of them. 106 JUL 251974 Adele Kanter: 1 am Adele Kanter, President of Bay Heights Association, and while I concur wholeheartedly with Grace Rock&fellebs viewpoint, she does not speak for Bay Heights, and I wish she would correct that. Mrs. Grace Rockefeller: When I went before the County Comarission I talked to all these association and they asked me to represent them. i have a number of calls from a number of others, I just assumed you still ----but I will bow to you and I am glad you are here. Adele Kanter: 7'd like to add something to what Grace said, though, quite a few of my neighbors called as President of Bay Heights Association said, please can you do something about our tax increase. I said I'm sorry I can't, it's increased throughout the county, and don't think the people would have much sympathy with Bay Heights. But I was at your Commission meeting this morning, and I heard you praising, honoring tour Mayor of Metro, who passed on this morning. One of the things that Mayor Orr was most noted for was his concern for public housing, and I heard you talking about this low cost housing, and the thought came through my mind, that one thing this Commission could do to further low-cost housing would be to reduce taxes, because even apartment owners didn't have to pay high taxes, they wouldn't have to charge as such for their apartment rental. One of the ways of reducing the cost of housing, is by reducing the tax burden that we have on property owners. And I just wanted to mention this, in passing, as we were thinking about how vitaIL in issue this was in the City of Miami. Mayor Ferre: Thank you very much Mrs. Kanter. Anybody else want to be heard on this Item? Mrs. Gordon: I think it is appropriate at this time, I know that my feelings and Mr. Plummer has expressed the same feeling that at least he put a motion on the table expressing the desire of this Commission to hold the line on the 3.7 and then make it our earliest attempt to pare the budget wherever we can find any place to pare it, and it comes to about three million, one -hundred thousand dollars, ---- Mayor Ferre: Rose you are entitled to make that motion if you want to make it. Mrs. Gordon: I make that motion, Mayor Pierre: I want to speak against the motion. I want everybody to know that I am going to fight as hard as anybody here, to trim the budget, but I don't like to get involved into a process before we are in the process. That is what the budget hearing is all about. Pow, on the record, publicly, Grace, and Adele, I am going on the record here that I am going to do my darnedest to go through that budget and cut out some of those items, but I don't want to get into the boxing match and say that we are going to pre -decide what the result of the boxing match is going to be. Mrs. Grace Rockafeller: I know you will do just that. That is what we asked each of you to do, to use your conscience 10'7 JUL 2 51974 to go over the budget, we can't ask any more, and if you can arrive at a no -tax increase, we will be eternally grateful to you, we can't abk anyiiars. Thank you. Mrs. Gordon: Mr. Mayor, the motion was a principle ration, and it just sets the policy that we would like to accomplish this goal, and there is no harm in passing this motion. Mayor Ferre: No, thetas isn't except I don't like the premise of it, that is all, and I am speaking against it. Mrs. Gordon: T'hemotion was,that we go on record, as a policy, that we want to pare the budget, that we want to keep it at its level of no increase to the homeowner, to the taxpayers, in other words, you have to pare it by 3.7, to bring it down to level. Mayor Ferre: Politically it sounds beautiful, but from a practical point of view, I think it is not a responsible thing, at this point to do. I am sorry to speak so bluntly about it. Mr. Plummer: Mr. Mayor, Grace brought out my point, it is very clear, but Mr. Mayor I don't believe, maybe Rose has had more time to study the budget as it is presently presented, but I wouldn't know whether it justified, or not justified, but between now, and when this Commission goes in under normal conditions into budget hearings, I definitely will make myself aware of whether there is any fat in this budget that can be cut, but I have to tell you at this stage of the game, I have not had sufficient time to study in depth that budget to say, yes or no, or agree with the Manager or disagree. I would have to speak against the notion. Mrs. Gordon: Y'Du are not forcing the Manager or yourself into any boxes, or corners, you are not painting yourself in a corner, you are setting what you said to the n ewspapere, that you would like to see it cut, and you saying it now in an official way. You are making a motion to that effect. Mr. Plummer: Before I see it cut, I want to be able to justify in my mind that it is within order. Anybody would be opposed, that is motherhood Rose, everybody wants to see it cut, but we are faced with reality. Mrs. Gordon: Why not take care of mother? Mayor Ferre: Is there a motion? Mrs. Gordon: I made the motion, it was a principle motion, it was a policy motion. Mayor Ferre: Is there a second to the motion? Hearing no second, is there anything else to come up on item 19? CHANGE ZONING CLASSIFICATION - LOTS 19,20,21 BLOCK "A" 25. FLAGLER j tY BLLCK LL FIRST READING ORDINANCE Mayor Terre; Mr. Lloyd, there were two objectors of record, but as I remember, we didn't ask if they were 108 JUL 0I/4 present, because we asked if the owner was here. The owner Said he was not. Mr. Plummer: No, the owner didn't say that, he wasn't here to say it. Mr. Carlos B..Fernandez: Mr. Mayor, if I may explain. I just happened to see the item in the agenda and I know that Mr. Suarez, who is the applicant, had to leave town two days ago, and perhaps he was not aware, and he should have asked me, ---I am representing him on another matter. I know that if the item will be deferred, ---- Mt. Plummer: Mr. Fernandez, if you talk any longer you will cut your throat. Mr. Mayor, may I move this on first reading and then we notify everybody, Dave, don't we notify people on second reading? We will hear it on first reading, then throw the impetus on the second hearing, for objectors if there are any, but. you understand, that this action today does not preclude the Commission from reversing itself at the second hearing, I'll move it Mr. Mayor. Mayor Perre: Let the record reflect that I will not vote on this item because I have property within 300 ft. Mr. Fernandez: you are not Mr. Mayor. Mayor Ferre: I am not within 300 ft.? Mr. Fernandez: No, Mr. Mayor, this is an ordinance of the City of Miami that this property be zoned what it is. Mrs. Gordon: This is in the plan that was proposed several years ago. Mayor Ferre: Carlos, isn't this property across the street from the CTA? Mr. Fernandez: It is further down, between, ---what I am trying to bring out Mr. Mayor, is,thie property is zoned the way the applicant is asking for. Mayor Ferre: 1b be on the safe side, I will pass the gavel over to the Vice Mayor, An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSI- FICATION FOR THE SE'LY 180' OF LOTS 19, 20, AND 21, BLOCK "A" FLAGLER MARY BRICKELL (5-44) LOCATED AT 1900 BRICRBLL AVENUE, FROM R-1 (ONE FAMILY) TO R-3A (LOW DENSITY APARTMENT) DISTRICT was introduced by Mr. Plvagier, seconded by Mrs. Gordon, and passed on its first reading by title by the following vote - AYiS: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon. NOES: None. (Mayor Ferre abstained) Rev. Gibson.prior to casting his vote made the following statement: r am disturbed, what I don't understand. ---maybe I 109 JUL 25 1974 ought to trek now, what I don't understand, if all the property in that area is supposed to be what you are asking for, why don't we go ahead and do it. Why do this one today.— . Mr.; Plummer: Father, do you want me to tell you why, the saw way with the Mayor's house, one action of this action made from Rickenbacker causeway all the way to 15th Road R-S. The people in there said, please, don't make it carte -blanche R-5, you will sky -rocket my taxes. Leave it R-1, so the Commission said in its wisdom, when you want to change, ---- Rev. Gibson: When the individual owner comes in and says ,----okay that is different story. Mr. Plummer: This is tho same story. All that property was R-1, it is proposed in the study to go to R-3A. Rev. Gibson: I want to be knowledgeable, I want to be consistent. 26, PERSONAL APPEARANCE - COMMISSIONER MIKE CALHOUN TO REQUEST PUBLIC HEARING ON PROPOSED LAND SWAP, RELOCATION OF BISCAYNE $OULEVARD Mayor Ferre: All right, Commissioner Calhoun, Metro Commissioner Mike Calhoun: Mr. Mayor and Commissioners thank you for allowing me the opportunity to appear. I would like to speak to the item of the Biscayne Bay fill, F.E.C. fill that I have been working on with Mr. Lloyd, both as a citizen of Miami and as a County Commissioner. Mr. Mayor, you appeared before the County Commission, --- I have a copy of the minutes here, and in reviewing these minutes, and reviewing the injunction case, that we have been going through, I commend Mr. Lloyd and his staff, for obtaining this injunction because unfortunately the resolution passed unanimously by'Dade County never was answered by the 1.1. Board, thanks to'your City Attorney, and a lot of us down there backing him up with moral support, we did obtain an injunction. Mayor Ferre: Don't forget the City of Miami Commissb n passing the 5 to 0 resolution, Commissioner Calhoun: I hope you got an answer from the I,1. Board because our resolution that passed unanimously never was even answered by the I.I. Board. That is another matter I am sure. Mr. Mayor I think though, in all fairness, we have overlooked a very important item that would help this matter along quite a bit. The City of Miami never has had an official public hearing on this natter, and I think before the County Commission can take any action on it, or even analyze it, I think in all fairness to the citizens of the City of Miami, that we should have a public notice hearing notice on this proposed Ball plan, which encompasses quite a few items. There are various ways you can go about it, I think we have all read in the newspapers the various ways, and who is against what, I really think before we get to the stage where you can expect an answer from the county commission, that we really should have a public hearing on this, on whatever dates are possible with the Commission, and notify the public, at whicc, time i would like to appear, and I as certain others would too. 110 JUL 251974 Mayo r Ferret Mike I would like to respectfully request of this Commission, first of all let me say I would agree with that, that we have a public hearing. Let me say the timing is important: factor as to how we go about this. You have instructed your Manager to get Admiral 8tbvens who is a consultant to Metro, to try to figure oiit whether or not, this can or cannot be done. If it cannot be done, then there in no need to talk,--- ' Mr. Calhoun: Mr. Mayor, there are variations to this I have not heard on an official basis. There really hasn't been an official meeting on this, and this really hasn't been formally submitted to the public, Mayor Ferre: Wouldn't you agree Commission Calhoun, that before you call a public hearing, you want all the facts, or should we have a public hearing without the facts known? Mr. Calhoun: I think at this point we really don't have all the facts, because we won't have them until myself and other are allowed to be heard on which we want to instruct our County Manager and City'Manager to proceed on this matter. I think we have to really get the in -put, official minutes, and publication, or what have you. At this point all we have officially is an appearance unofficially of yours at the County Commission which in all right, but I really think that is why I asked forth:is in writing and is very difficult for you to give it in writing, because you are negotiating something that you really don't know the answer to, but at the same time, in all fairness, I do think this should be done in an orderly fashion, then we have something to go together with to Mr. Ball if we decide we want to go with anything at all. Mayor Ferre: I think its a good recommendation. There are certain elements of -this proposed plan that I am going to fight tooth and nail, but I think there are elements of it we could proceed on jointly with everyone's support. It might be that if this cost is spread through the entire community we can save this valuable property, that is right now under an injunction, that does not last forever. I don't know the procedure on that but I would like to get the county government, --the entire county, including all the 26 cities into to this matter if need be, to put our heads together and see how to go, but we can't proceed on it until you have the first official hearing on it. Mayor Ferre: Thank you Commission°Calhoun. Mrs. Gordon: Mr. Calhoun, may I ask you a question? We have taken a stand against the fill and so has the county, what is your personal feelings about the filling of that land eventually? Mr. Calhoun: I,think it is a crying shame it was ever touched. I think it could be left the way it it, and we could still use it as a public park the way it is right now, this minutes. At least we would have a harbor there, if you fill in the whole 15 acres I think it would be a crying shame. 111 JUL 251974 • Mr. Calhoun: 1 think there is a possible solution to this thing by going to the east on Lumtnus Island. I do not think that anyone in going go with the Biscayne Boulevard idea, that you are against I know. Mrs. Gordon: Yes, would you as a single commissioner of Metro Dade County feel that Dade County ought to join this condemnation as miens curiae? Mr. Calhoun: I don't want to divulge or say anything here that might jeopardize your case. i had the County Attorney at both of these hearings with Mr. Lloyd sitting right at the table. We did not want to join in at that time for the simple reason, if we had, am I allowed to tell this, because we wouldn't have been able to get into it if you had lost it, so obviously we had to sit there and watch it, and if you had stubbed your toe the wrong way then we were prepared to take action. And I think that is the beet approach. Mrs. Gordon: You have answered my question. Mr. Calhoun; I wish today if possible you could think about setting a meeting in September and give me notice or something, so we can have this thing through the City of Miami that I official can talk about it, ----- Mayor Ferre: You have my commitment that we will have public hearings if I have anything to do with it. Mr. Calhoun: It is a formality, but I think we should do it. Mayor Ferre: I will not go on the record that it will be September, because I think is putting a noose around Mr. Andrews and Admiral Stevens and Ray Goode. Let them come up with some answers, once they come up with their report. Then we will call for a public hearing. Mr. Calhoun: May^or, that is the very point. I have discussed this with the County Manager, he really can't give youanything official on it, becausdt there has been nothing official from the City of Miami until you have a public hearing on it. This really would help us a lot. You don't have to make a decision at the public hearing. Let's just let the public be heard. I'd like to be heard officially on it. Mayor Ferre: I will guarantee you that I will get 2,000 people down for the public hearing. Mr. Calhoun: You don't need it. Mr. Andrews: Mr. Mayor and members of the Commission, there is one important element that must be uncovered in this conceptual plan if we are going to move ahead, and I highly recommend that you get that information before you hive such a public hearing. I had an opportunity to talk to Admiral Stevens when he was here on another matter, and he assures me that they are going to work as rapidly as possible. I would be in commmnication with the County Manager, or John McCue the Asst. County Manager tomorrow to ask them to expedite the information that we need. And the information that is needed 112 JUL 2 5197/1 is one, do we rule out Dodge Island completely in this proposal to What is the likelihood of moving ahead on Lurbmus Island at an early date. Once you get that information then you'll have a sound plan that you can present to the public to evaluate. Without that you really don't have too much to present at this time. Mr. Reboscr: When do you think we are going to have that information? Mr. Andrews: I hope we get it within the next 45 days. Mr.Calhoun: Mr. Mayor in all fairness, I am going to be very serious about this, if it is an intention, of this coimission to kill this plan, this is the way to go about it. Unless you get the county involved in direct negotiatioit.s, with Mr. Hall, with the City, this plan will not succeed. I am here on a positive type basis, not to knock something, but I know county politics, and the way the machinery is suppose to run in the book, and we can't do anything at the county until we have a definite advertised public hearing. I think we should have one just for the formality of it, and let me be heard and others be heard, you don't have to make any decisions. You just will have had a public hearing that the county can at that point get involved in, the way that it should be. Mayor Ferre: Thank you very much. Mrs. Gordon: I had the opportunity to take part in the transportation conference this week, a two day conference. The State Road Dept. was present. I posed a question to the men that was representing the D.O.T. I asked him what was the plans for the widening Biscayne Blvd. -- -he said long range. I said, what if the City should trade off property and require an east leg to the Boulevard,would that speed up the development, he said absolutely not. Therefore I am wondering how we expect to make this plan a reality by the Si -Centennial, when we are miles away from any kind of a development of the street patterns and we don't even know whether those street patterns are going to be affected, or we have had no consultation unless you have privately, had it with traffic engineers. You may have gene into it deeper than I know about, which would not surprise me, I don't very many things that are sometimes going on, around here. Mr. Andrews: Mr. Mayor and members of the Commission I don't know if I bad occasion to inform you, I thought I had, that the City Commission has representation at the Cabinet level of the State in that the staff there is trying to advise the Cabinet and the I.I. Fund as to what the City is attempting to accomplish here. They participated in the matter of denying the permit to F.E.C. to pump fill in directly, because there was no public hearing. They are very conscious of what the City is trying to accomplish either by condemnation or either by the land swap and the feeling I have is that they are ready and willing to cooperate with the City but we have to furnish them with some basic information. Mrs. Gordon: We could fill that land that we have just gotten an injunction on? Mr. Andrews: No, the Corps of Engineers had, I am not 113 !UL 51974 sore if they had issued a permit-- Mayor Ferre: Mr. Andrews, make your statement quickly because I alb going back to the regular agenda. Andrews: -+---the objective was that the F.B.C. was applying to the Corps of Engineers to get permission to pump the material in directly to the area they are filling. That was denied. Mr. Calhoun: May I ask a question, what was this vote of 4 to 1 on this plan? Mayor Ferre: Mike, you do this on your own, ---- Mrs. Gordon: I am the one Mike, and I opposed the plan in its entirety. I want to go to condemnation, and no other way. Mayor Ferre: Let the record reflect that this City Commission has instructed our attorneys and that our attorneys are persuing simultaneously,without prejudice to the case, the condemnation matter that is before the supreme court of the State of Florida. and that should it be taken to federal court, I am sure it will be the intention of this Commission to tell our attorneys to persue it there, for however long, and whatever time, whatever moneys it cost, to get the legal aspects of it resolved in court. At this stage of the game, ].et it be very clearly understood, that we cannot take that property, we are enjoined from doing so, because it is a matter that is before the supreme court of Florida as to whether or not we have the right to do W . Now, the F.S.C. has threatened, I think it is a viable threat, that they will take it as far as the supreme court of the United States, because there are constitutional matters that are to be resolved. We are not in any way being slack in our pursuit, ----if we should be victorious at the Supreme Court level, and at the federal level should there be a federal case, at that stage of the game, and that point, and not one moment before, do we have to make any decisions. Mr. Calhoun: That is what I be forced to instruct the,County request not until we have`a City it out, present it to the County say, Mr.Mayor, but I will Manager not to reply to your of Miami Commission, ----have as a formal matter, Mayor Ferre: You are entitled to do whatever you wart on your Commission, if I'm not mistaken, and I'm not an attorney, your Commission voted unanimously, instructing the Manager to negotiate this matter and sit down immediately with Mr. Andrews to see if there was a solution. If you want to instruct them separately, and differently, you are entitled to, Mr. Calhoun: At that point I thought you had had a public hearing, but I find out you have not. It is just a mere formality where those voices can be heard, ---- Mrs. Gordon: I would like to let my fellow commissioners know I asked for an audience at the County Commission on Tuesda?- the 30th and I will be there at 11:00 o'clock. I have some information I want to make' known to them. Mr. Plummer: You are going to reveal to them before you revel to us? 114 JUL251974 • tear. _ Gordon: t' ve revealed to you, but they don't know about it. I invite you to cease. 27, PFRSt1N4L APPEARANCE - MR. ART GREEN REGARDING POLICE SERVICE Mr. Art Green appeared and made the following statement: What I have to say I am saying with great reluctance, but the members of this Commission happen to be personal friends of mine, and I think they should be aware of what we are going to do; what we have already done, and what the effect of it will be on a very volatile part of this community. On July the 3rd of this year I was in the City of Elmira. I received a long distance call from my office apprising me of the fact that on June the 21st, because of a disturbance in the office it was necessary to call the Police Department. This was 3:35 P.M. Thirty-two minutes later Sergeant Lee called and said that he was sorry that they were unable to get a car in that area yet; had we taken care of the matter? I will tell you the answer was yes, and I will tell you later how we took care of the matter; how we intend, and how we already have proceeded to take care of similar matters. On Tuesday, July the 2nd we had a disturbance in the office of considerable magnitude. We called the Police at 4:22, again at 4:44, again at 4:59 and again at 5:15. At 5:18, fifty-six minutes later, a police car finally arrived. From Elmira I put in a person -to -person call for Chief Garmire. His secretary asked who was calling, and the moment she heard the name Art Green I knew I wasn't about to speak to the Chief. Now this may not be a very elegant way of putting it, but it,is,the only way I know how to describe it. That secretary sits so close to that door that if the door was open and she spit it will land in Garmire's lap. ;she knew whether or not he was in conference. She could have said so then. But she came back --and I heard the conversation, because I was on the line --and said Garmire was in conference. I said to her, to the secretary, I'm calling from Elmira, New York, and if it is important enough for me to call, I think it is important enough for him to take the call, because what I am calling about affects the Police Department. That's why I'm calling him. There was another pause and then she comes back with, well, he has got somebody in his office. I then telephoned the City Manager, Paul Andrews. Now Garmire has only one thing to worry about, the Police Department.: Andrews has a dozen things to worry about, including the City budget, which he was then working on. But he had the time to come to the 'phone and talk to me. While I am on that subject let me say we are pretty fortunate, pretty fortunate, in having him.For the twenty-six years that I have been active in City affairs we have never had a better City Manager. Young enough to plan for the future; experienced enough to do in the present what has to be done, and do it right. He said he would investigate it, and he did, and he wrote me a letter, and it is in your files. If you haven't read it I'll read it to you. Dear Mr. Green: Your letter of July the 3rd-- this letter follows your telephone call of July the 3rd, 1974, concerning response of the Miami Police Department. Subsequently an investigation was conducted. The result of that investigation indicates that on June the 21st--it substantially bears out what I said, and the concluding paragraph is, the delay is regretted. However, the City of Miami Police Department responded as rapidly as possible. If that's as rapidly as they can respond --and every 115 JUL 2 51974 day our trucks are being robbed; every day we send for the police. Only day before yesterday two police officers came in a police car when we reported that some tools were stolen while our plumbers were inside. They shrugged and said, what's the use. Even if we find them with the tools the judges will let them go. Now what we have done is this --and this is where this Commission is concerned, and this is why I am here. As the speaker for the Miami Board of Realtors said, all the costs, taxes and everything else, is ultimately passed on to the con- sumer. We have a private detective agency, licensed and bonded. I don't mind telling you who it is. Canon Gibson, Elko Cobar, who has worked for Bonded (Rental Agency) for many years. We have put an advertisement in the Times last week, and I think again this week, security guards wanted by licensed and bonded detective agency. Uniforms and arms furnished. Good salary. Call 759-1519. Now that's going to cost money, and the cost will have to be passed on to the tenants. We have two obliga- tions at Bonded. To the owner, to preserve his property, and to the tenant, to see that he lives in peace and without danger, and we intend to discharge our duty and exercise our responsi- bility. I just wanted the Commission to know this. We do this very reluctantly. It is unfortunate that we have to have two police departments in the City of Miami, one public and one private, because besides passing the costs on to the tenants can you imagine what other communities that have similar com- plaints are going to do? They, too, will organize their own private police departments; and then we have government by vigilantes, because Mr. Andrews inherited an inefficient police chief who hangs around his neck like an albatross. That's what I came here to say this afternoon. I say it reluctantly, because you are my friends, and I say it hesitantly, because frankly I am bewildered. In twenty-six years this is in my opinion the most dedicated and the best City Commission we have had, and the best evidence of your ability and your deep concern with this City is the lack of unanimity in which every member of this Commission seeks in every way he and she can to further the interests of this city. If somebody can show me a way out of this dilemma, other than firing the Chief of Police and get- ting somebody in there who the other police will respect, I'd like to hear it. 28. PERSONAL APPEARANCE - MRS. ADELE KANTER REGARDING THE REMOVAL OF STOP SIGNS ON ALATKA STREET U ISCUSSI ON Mayor Ferre: I have to submit into the record a letter by Mrs. Joseph Prospero of 1610 Tigertail Avenue, and she says in opposition to your --have you seen it, Adele? Why don't you look at it and then you can give it to the Clerk. Mrs. Adele Kanter: I must tell you something about our Mayor. I want to make an apology in the public record. When Mayor Ferre was first appointed interim Mayor I wrote a very critical letter to the Herald because I feared that Mayor Ibrre could not be fair, due to vested interests, could not be fair to all the people. Well, I was wrong, because Mayor Ferre has bent over backwards to be fair. A perfect example of this is 116 JUL251974 • that since he received my letter concerning Alatka Street, as busy as he was with million dollar, multi -million dollar con- cessions to the Orange Bowl and other pressing matters, he took the time to call the neighbors in Bay Heights and find out how they felt about the stop signs on Alatka. Mayor Ferre, you have my apology. I feel that you have brought City government as close to the people as you possibly can. Thank you. I have received numerous 'phone calls from people in Bay Heights concerning the stop signs on Alatka. I know that you have called some of the people, and I am well aware of the re- sults that you get from these 'phone calls; the wife wants the signs removed; the husband wants them to stay. However, I did pass around a notice in Bay Heights telling everybody about this Commission meeting and that we were going to be heard, and if they had any feelings for it or against it they could appear. I know about the feelings the people have who do want it removed, so I can feel free to speak for them. I am going to put this up. (Exhibiting a map) We appreciate what you have done for the area in trying to cut down through traffic into Bay Heights and Natoma Heights, and this seems to have been the problem in the rush hour traffic. However, I am only objecting to two stop signs in the area. There are three stop signs that have_been placed on Alatka, which is a relatively short street, about a thousand feet, maybe a little bit more. It is intersected by Tigertail Avenue and you have put a four-way stop sign there, which has helped traffic. However, two of the stop signs --one is on Onaway and the other Micanopy--do not have any cross traffic at all. These signs have proved to be a public nuis- ance to people who must use this as a through street. This stop sign here (indicating) and this stop sign here (indicating) The one on Nocatee, right here, and the one on Micanopy, these two right here (indicatlng), there is no through traffic. Tigertail is a cross street with a four-way stop and those are good. Those can stay. There is a no -left -turn sign here be- tween four and six P.M. so that rush hour traffic cannot take a short-cut through the residential area. At the present time, due to the Blue Dash cars can no longer make a left turn from Dixie Highway to cane down here (indicating). So you have already eliminated some of the rush-hour problems. The rest of the time there is very little traffic on that street. One of the other things that prompted me to come. My neighbors had been calling me and asking me to please do something about it and I was reluctant to do anything without giving it enough of a trial. However, one day I was taking my five-year old to nursery school, and as I was backing out of my driveway I turned on the traffic report, and I heard about the traffic backed up on South Dixie Highway. A school bus had overturned on 22nd Avenue, and I felt very sorry for the commuters. It. was backed up way into Coral Gables. I pulled out of my driveway and onto Alatka, and I noticed a City of Miami policeman parked at Micanopy and Alatka, and being the public watchdog that I am I stopped and asked him what are you doing here at eight thirty in the morning when traffic was backed up on Dixie Highway all the way into Coral Gables. I asked if he was taking a coffee break. I was really quite angry, because I travel Dixie Highway in the mornings very often, and I always wonder where the policemen are. Now we know. They are at Micanopy and Alatka. And he told me he was asked to be there because there were so 117 JUL 251974 many accidents on Alatka that he was going to police the stop signs. I then went home and called up the traffic department and I got a report from them. I asked them how many accidents there had been on Alatka in the past two years. They gave me a report, from January, 1973 to April, 1974. On Alatka only -- I won't bore you with the whole neighborhood. At Alatka and U.S. One there Were no traffic accidents. On Nethia at Alatka, no traffic accidents. At Nocatee and Alatka, zero. At Onaway and Alatka, zero. At Tigertail and Alatka, which is a through street, the cross intersection,there was one. At Micanopy and Alatka, none, and at Bayshore and Alatka, which has a traffic light, there have been three. However, at Dixie and 17th Avenue we have a record sixty-seven. That's one of the most dangerous intersections in Dade County. The policeman should have been there watching the traffic; not Micanopy. I come before you because, when you put traffic signs at a place where they are inappropriate you cause people to flagrantly disregard these traffic signs, and this can be the cause of an accident kz and of itself, or you have to have a policeman sit there and patrol the area to make the people stop. I ask you, is this what you want our City policemen to do? I have a letter that Mr. McNaughton had written to Paul Andrews regarding this mat- ter, and rather than stand here and read it, I'll pass it to you to skim. Mr. Plummer: As you recall, Mr. Mayor, it was at my insis- tence that this matter was brought before the Commission. First of all, let me state to you that we, for a period of almost nine months, begged the County to do something. We didn't say that we were smart enough; just do something. We could not agree with their only premise, and that is to widen Bayshore Drive. Let me further state that the no -left -turn at Micanopy, Mr. Mayor, has been there now almost a year and a half, I think. It was put in much prior to this other thing that has taken place. The traffic light at Bayshore and Alatka, I think has been about six or seven months. Now, the reason that we brought this forth --and I can understand Mrs. Kanter's concern, but I also beg of her to understand our concern, and when I say ours I am speaking of Natoma Manor, because we do not generate in Natoma Manor traffic into Bay Heights. Mrs. Kanter: I can contradict that. Mr. Plummer: Well, much to the contrary, Bay Heights only has two exits, either on Bayshore or onto Tigertail. The only thing we were concerned about was that it seemed like overnight when the hospital opened a new entrance there at Alatka our traffic went ten -fold overnight; that in fact running from South Dixie Highway down to Bayshore there were no stop signs --and I have to tell you this same woman brought me a letter, and this contradicts a very serious automobile accident that took place on Alatka where a truck rolled over three times and if it had not been for the stop signs where it would have been slowing it down it came within twenty-five feet of where children were playing, and I give you this here because I think you should see it. More importantly, you know, as a resident of Hallissee--I live over on the corner of Hallissee and Nocatee. I could say, OK, take them all off of Alatka, because I don't live there. That's easy to say. Just don't take them off of mine. I could be selfish, 118 JU►L 2 51974 but you know I can't do that, because the people who live on Alatka, as well as the people who live in Bay Heights -'I think we are trying to accomplish one thing, and that one thing is to protect our children. I don't know if you have young children; I do; but all I am saying is that when this thing came before the Commission we had a public hearing. 1 was not trying to ramrod anything through. I readily admit- ted at that hearing --I said I don't care, but I want something done to try to counteract this tremendous amount of traffic that We have that you don't have in Bay Heights. Let me speak to something that I feel should be taken out of the realm of prejudice or selfishness. When we put this in we did hold a public hearing. Unfortunately I think only two people showed up from Bay Heights, and there were two alternatives; close Alatka at South Dixie, or implement this plan. The people from Bay Heights all said one thing: Please don't close Alatka. That was their request. We, the Commission, then did what was requested by the only people who saw fit to come down here. Now, more important, when this thing was put in at a public hearing, my concern at that time was that it might not work, and that we would give it a six months trial basis. Mrs. Kanter: I have the minutes of this public hearing, because one of the things I did was to go down and took a min- ute, because I wanted to see what happened, rather than going off half cocked. The meeting was held on December 13th, 1973, and it has been more than six months. Mr.Plummer: No, it hasn't. That's the point I am trying to make. The meeting was held, but the actual installation, I am told, was around the first of May, which means --all I am saying to you is let us give to Metropolitan Dade County the six month plan. At the time that concludes let them come back and make recommendations. I am not so bullheaded that it is only going to be my way. Mrs. Kanter: At the public hearing you are speaking of the two people who lived on Alatka, three people, spoke. One person who lived in Bay Heights, Alvin Cassel, spoke. Mr. Plummer: And what was he directing his remarks to? Mrs. Kanter: Please don't close Alatka. That was what he was addressing. But the thing that I --I am not saying to take out the stop signs that are slowing up traffic. I am say- ing take out the two stop signs that don't serve any purpose for directing the flow of traffic. When I spoke to Mr. Hadley at the Traffic and Safety Department he wanted to take out all of it. He said that we need this street, and this street,(indi- cating) to have it so emergency vehicles could reach Mercy; and if he were in an emergency he would certainly want those streets available to him. Mr. Plummer: In 1954 the greatest concern of the people in Bay Heights, which I have studied the minutes extensively, of Natoma Manor, Natoma Park and Bay Heights was, how many emergen- cy vehicles were burning up that road going to Mercy, and it was given faithfully to them that they would use the main arterial, which is 17th Avenue. 11 JUL 251974 Mrs. Kanter: If the one is left at Tigertail you would be slowing up traffic, because this happens to be a very short street. so you would be achieving your purpose, and yet you wouldn't be causing people to flagrantly disobey traffic signs by not even stopping where there is no reason to stop. That's all I am asking. 1 am not asking you to take out all of them. Mr.Plummer: I ask your indulgenceto give the 6 months period, the time to run its period. then I will insure you, based on the recommendations of the County we will then hold another public hearing to alter, or do whatever needs to be done. we. Kanter: I appreciate what you are trying to do, I understand and I am in concurrence with you. My reasons for coming here is not to go against you plans, because we have the same problems in Bay Heights that you have in Natoma Heights in regards to traffic and safety of our children, and the same concerns. One of the things I was surprised about in researching this matter was that Mr. Andrews had received the recommendation from Mr. Simms. the Traffic Department, and this was never mentioned and brought up at the public hearing. It was lever even considered. Mr. Plummer: You are speaking of the widening of Bayshore Drive. Mrs. Kanter: It was requested, it said that in the long term, ----there is a, long term solution to this problem, if you would widen Bayshore Drive by 1 ft.or the maximum of 3 ft. that it would eliminate the bottleneck between Alatka and 17th Avenue which makes people seek the inside streets. Mr. Plummer: Mould you like me to answer it? I agree, but Rose Gordon, and I don't blame her, but maybe commend her for it, she got a resolution passing before this Commission and her concern 'was right out here, that in no other incidences, would Bayshore be widened, and that is a resolution of this Commission. Based on that resolution is the reason that was never considered. One foot I agree with, especially it is not one foot being taken from my property, I agree, but the resolution of this Commission is that in no more incidences will Bayshore Drive be widened. Mrs. Gordon: I would like to say this to you Adele, because I represent, ----I'm the voice for many people out there who don't want Bayshore Drive to become another U.S. 1, and you can chop away, nip away, you can break down a mountain by steady chipping. and nobody wants another U.S. 1 on Bayshore Drive. Mr. Andrews: There is a point of clarification on this widening, maybe Mr. Grimm can enlighten, Mr. Plummer: Before Mr. Grimm speaks, I want you to realize that one of the proposals, because I got a letter from t he Bay Heights Association in favoring the Coconut Grove study plan, and one of the proposals in that is closing Alatka at Dixie, so you'd better remember that, because you have gone in favor of, -----Mr. Grimm has something to say. Mr. Grimm: I want to say Mr. Mayor, and members of the Commission, there is a little confusion about the widening of Bayshore. Really, what Metro Traffic is talking about, is simply the widening of Bayshore Drive from Al atka through the 120 JUL 1974 interseetion of 17th Avenue, sb we can carry that two lanes that nov Merge just A little below Alatka through the intersection. it is jolt that simple. There is really no plan to widen it to 27th Avenue. Mr. Plummer: I have no objections and never have. But Adele, if it is agreeable with you, let the 6 months run its course, and then we will hold a public hearing. That will be fine with me. Mrs.Kanter: I thought this was going to be a public hearing actually. Mr. Plummer: No, a personal appearance. Mrs. Kanter: I did not know that until I got here this horning because at personal expense, and personal effort, I delivered notices throughout Bay Heights, telling people if they were opposed to the removal of the stop signs, they should come before the City Commission meeting today. Mr. Plummer: How many came? Mrs. Ranter: You have lost quite a few already. Mr. Andrews: Mr. Mayor I think you ought to recognize a Mr. McNaughton from the Metro Traffic is here, he has been waiting on this item, in case you want to talk to him at all. Mr. McNaughton: Well most of the, ---I think what has been said so far brings everyone up-to-date pretty well with what the situation is. Stop signs have been in effect for about 3 months, slightly less. We have been taking volume counts, we have been taking stop sign observation studies, ----your police as Mrs. Kanter mentioned have also been observing the intersections. We don't feel there has been much change in the neighborhood traffic so far, and we are about half way through the study period. On the other hand we have offered recently to the City a plan which does extend a two-lane south, perhaps southeastward movement through the signalized intersections of Atlatka and 17th, then allows the traffic to flow along the signal free section of Bayshore in one lane which it does now. During the remainder of the 6 month period, it would be very helpful if you could just concentrate on the way traffic flows on Bayshore and note that in the evening hours, traffic backs up, beginning at 17th,---the southbound traffic starts backing up at 17 Avenue and backs up through Alatka Street. it does not back up, say from 27th Avenue except perhaps when construction temporarily restricts it. It does not back up in that area, but only from the signalized intersection of 17th Avenue further north. Now at Alatka Street the backup exists only because of it backing up from 17th through Alatka, but at Alatka, there are two lanes and traffic tends to slide around into the neighborhood where the problem is, if the two lanes were continued through the Alatka intersection which they now do, then through this 17th Avenue signal, and then allowed to go into one lane, they would be able to flow freely through that area down to the constraetlon right outside here, and this would be a service to the traffic that now comes into the Coconut Grove area, whatever destination it might have, of another foot down the road, or several miles, it provides a service to those 121 JUL 2 51974 1 people, at the sane time it relieves the neighborhood, that really • far, according to our figures, is not being given the relief that the stop signs are hoped for, through the rest of the period,if you would just observe what is happening on Bayshore and consider the plan that we have presented to the City, then we will get together and see What we should do. Mr. Plummer: One other quick point, I wish you would see what has happened to our entrances into our neighborhood since the Bine Dash, where you will not allow people to make a left turn crossing Dixie on 17th, you now have signs bringing them through our neighborhood in a series of turns to go down north on 17th Avenue. You bring them to Neithia, which Neithia emties back into Dixie Highway and we can only go east. It is the most confusing thing you have ever seen. I wish you would look at it. Mr. McNaughton: 1 certainly will. We have also in effect closed Alatka during the peak hour with the Blue Dash because we don't allow left turns. Mrs. Gordon: May I ask you a question? 1 want to know whether you think that you are going to get more or less cars using that route if you widen it. Mr. McNaughton: I think with the minimum type widening, and the actual reduction in the large that is proposed also. we would not attract more traffic, but we would allow that traffic that is there just to get through. It would not be a super service, but they would have a better route than wondering throught neighborhood. That is all that has to be done is, if we can make it just a touch easier for traffic to go in a straight line than to wonder through those streets. Mrs. Gordon: Don't you think that that is the greatest way in the world of encouraging more cars, you are making it more convenient. How can you think along those lines because you know very well that if you make it convenient and they don't get backed up, they are going to come along that line more and more cars, so you can't say just the cars that have been there before can case through now. You are going to definitely cause that to become a highway, if you widen it at all, and would thoroughly discourage you even from talking along those lines, let alone trying to act on. it. Mr. McNaughton: If this was the only thing that was happening to traffic in this entire area, --- Mrs. Gordon: Well, that is a residential neighborhood, ---- that is not a highway, ---- Mr. McNaughton: I'd say that is true, but this is S. Bayshore Drive, ---- Mrs. Gordon: That is not a highway, so what,- it is not a highway, it is a residential neighborhood. Mr. McNaughton: Nell, there are residences on other streets that carry traffic, and there are people that must go. The Bay Heights residents, if they want to go to Coconut Grove business district, need to go on that, ---- Mrs. Gordon: Those are not the people who are using it. You knot as wells I know, that it is the people going down to Kendall, 122 JUL 251974 and every other place that are coning on this, rather than using 1.8. 1, and they are coning down Ingraham Highway, aid the next thing will be lets widen Ingraham Highway, because after all, it will be More convenient and more people can get through more easily. I thoroughly object to your point of view. Mr. McNaughton: If this was the only improvement to traffic service possible, in this entire area, that might be an attraction to traffic, however the things that are going on on U.S.1 right now are extremely useful to traffic. We are increasing the volume en U.S. 1 daily with the improved signal operation with the concessions to bus and car pool service. It has only been running 4 days now, but the attraction will be to the main highway. This is an attraction to the people who utilizing the area,just in this somewhat limited area. Mrs. Gordon: Let's wait, maybe they will all go to Dixie Highway and you won't be worrying anymore about Alatka and Bayshore. Mr. Plummer: Adele, do you see now why we didn't consider the other approach? Rev. Gibson: I have a concern, this is not on the agenda but since you are here, and you seem to have some answers, --- Mr. Mayor, I want to call the members of the Commission, that the traffic people have now decided to dump all the traffic off No. 1 Highway that goes up Bird into Plaza right where you park is, where all those children are. That is a serious thing. Now you have a difficulty on the corner of Day and Hibiscus, ----on the N.E. corner you have a two story building which inhibits people from seeing who are coming from No. 1 Highway to Day headed south on Hibiscus. I am not going to say like Rose, ---- you shouldn't be coming through there, ----either you ought to give us a four-way sign there or route that traffic elsewhere. Certainly you don't need that traffic where all those children are. That is the worst thing that could happen to us, and I don't understand how you all were so insensitive, and I am sure that was an oversight, but you have already had a serious accident there,one child had to have an operation on his skull, the sister got some other hurt or bruse, or broken limb, and all that. I am not only complaining about the use of the street, ---- I am not, ---I am saying you ought to study it and give it, some solution, rather than just say, dome this way, then go on back Douglas road and head back out Douglas Road to No. 1. Highway. If everybody had to stop, I admit that is a terrible inconvenience but it may save some lives. I stood there one morning, right after the accident, it was last Friday morning, it is murderous the•way people come through that area. and everybody who comes off No. 1 highway down Hibiscus to Day, by and large with few exceptions,stop, because they have to get out far enough to see the traffic going east and west, so I would hope there may be a solution, that is your line, your business, if you say to me, I was having a wedding, or I want you to preach a funeral that would be my line. Mayor Ferre: Thank you very much. We have to move on to some other items. Is there anything else you want to add to this? Mr. Reboso: I would like to ask a question to the City Manager, Pahl, what possibility do we have to put some bumpers in the streets in Bay Heights. Mr. Plummer: Do you know what he is talking about? 123 JUL 251974 • lr. Andrews: Yes. I know, to slur down traffic. Mr. Reboso: Might, slow down traffic with signet -- Mr. Andrews: t suppose we could do that but I think that should come after you've consulted with the people in the sub- division. We would have to do it in conjunction with Metro --Traffic I think because it is a traffic control device. Mr. Reboso: We will need a letter from the Ray Heights aoaeowners Assoc. Mr. Andrews: I would be reluctant to advise you to do it without that. Mr. Reboso: Fine. Mr. Reboso:---the 6 month period, is going to last three more months, ----are you willing to wait Adele, or do you think the people want those signs removed now? Mrs. Kanter:If it ware my decision, I would remove the two signs, ----I feel they are superfluous. If I have no choice I will have to wait. Mr. Reboso: Commissioner Plummer has asked to wait, ---- Mr. Plummer: ---then we will hold a public hearing at the end of that time. it is just that simple. Mr.Reboeo:In the meantime, let's try to work out the bumpers and see what happens. Mr.tluma:er: I hope they work. 29, SELECTION OF CONSULTANTS - COMPREHENSIVE MASTER PLAN Mr. Andrews: Mr. Mayor I supplied you with a memorandum giving you recommendation that you rank three firms I have selected so I can negotiate with the No. 1 firm, and then a Mo. 2 and No. 3.--- Mayor Ferre: Is there a notion to that , or any questions. Mrs. Gordon: Are they in our book? Mayor Ferre: He is recommending the Wallace Mellarg firm as Mo. 1, Mo. 2 is, ----- Mr. Andrews: ----Rogers, (inaudible) Mayor Ferre:---No. 3 is Barton Ashman, ---- Mrs. Gordon: I think that is a good choice the Wallace McHarg if already familiar with our area. having completed the Downtown Study. I think that is a good choice. Mr. Andrews: Mot only that one of the things I want to emphasise to the Commission is that they gave the greatest emphasis and the highest percentage of the use of local firms as part of their study. 124 JUL 251974 Mrs. aordont I agree with you. I'll move it. Mayor Ferret Any further discussion? Thereupon the following motion was introduced by Mrs. ()Cordon Who moved its adopt ion : MOTION NO. 74-634 A MOTION ADOPTING THE CITY MANAGER'S RECOM- MENDATION WITH RESPECT TO CONSULTANTS FOR THE CITY OF MIAMI'S COMPREHENSIVE PLAN Upon being seconded by Mr. Plummer, the motion was passed and adopted by the kollowing vote - AYES: Mr.Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 31, AMEND ORD, 8234 - PLANNING ADVISORY BOARD TO HOLD HEARINGS ON nFYFL Q M9NTS QF FFGJ nNA1. IMPACT An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8234, PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA ON FEBRUARY 28, 1974 BY ADDING A NEN SUB SECTION (j) TO SECTION 62-10 OF TEE CITY OF MIAMI CODE, PROVIDING THAT THE PLANNING ADVISORY BOARD SHALL HOLD HEARINGS ON DEVELOPMENTS OF REGIONAL IMPACT AND MAKE RE.OMMENDATIONS TO CITY COMMISSION; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVZRABILITY PROVISION passed on its first reading by title at the meeting of Jute 27, 1974, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Mr.Plummaer, the ordinance was thereupon given its second and final reading by title and was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferret. NOES: None. Said ordinance was designated Ordinance No. 8290. 31, AMEND ORD, 8234 - FEES TO BE CHARGED FOR H U:RIN S REQUIRED BY FLORIDA STATUTE SECTION 55U.Ub FOR DEVELOPMENTS OF REGIONAL IMPACT An ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8234, PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF MIAMI. FLORIDA ON FEBRUARY 28, 1974, BY ADDING A NEII SUB -SECTION (j) TO SECTION 62-26 OF THE CITY OF MIAMI CODE PROVIDING FOR FEES TO BE CHARGED FOR HEARINGS REQUIRED BY FLORIDA STATUTE, SECTION 380.06 FOR DEVELOPMENTS OF REGIONAL IMPACT; REPEAL- ING ALL ORDINANCES CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION 125 JUL 251974 passed on its first reading by title at the meeting of Jane 27, 1974, was taken up for its second and final reading by title and. adoption. On Motion of Mrs. Gordon, seconded by Mr. Reboso, the ordinance was thereupongiven its second and final reading by title and was passed and adopted by the following vote - AYE9t Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso, and Mayor Ferre. Said ordinance was designated Ordinance No. 8291. 32, AMEND RETIREMENT SYSTEM ORDINANCE - DELETE APRIL 1, 1974 0tt MJ LITAR,Y PAYMC K . An ordinance entitled - AN ORDINANCE AMENDING CERTAIN SUBSECTIONS OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM (ORDINANCE NO. 2230, DECEMBER 6, 1939, AS AMENDED) AND THE MIAMI GENERAL EMPLOYEES RETIREMENT PLAN (ORDINANCE NO.5624, MAY 2, 1966, AS AMENDED) AS APPEARING IN CODIFIED FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED; MORE PARTICULARLY. AMENDING SUBSECTION 6 OF SECTION 2-89 AND SUBSECTION 4 OF SECTION 2-107 OF SAID CHAPTER 2, BY DELETING THEREFROM THE REQUIREMENT THAT PERSONS ALREADY HAVING TEN YEARS MEMBERSHIP MUST MAKE APPLICATION BEFORE APRIL 1, 1974 IN ORDER TO BE ENTITLED TO PAY BACK FOR PRIOR MILITARY SERVICE passed on its first reading by title at the meeting of June 27, 1974, was taken up for its second and final reading by title and adoption. On motion of Mr.Pluenmer, seconded by Rev. Gibson, the ordinance was thereupon given its second and final reading by title and was paased and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson Mayor Ferre. NOES: None. Said ordinance was designated Ordinance 8292. 33, ORDINANCE MAKING APPROPRIATIONS FOR OFF-STREET PARKING An ordinance entitled - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1974 AND ENDING SEPTEMBER 30, 1975 FOR THE DEPARTMENT OF OFF-STREET PARKING; PROVIDING THAT IF ANY SECTION, CLAUSE OR SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT THE REMAINING PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH passed on its first reading by title at the meeting of June 27,1974, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Rev. Gibson, the ordinance was thereupon given its second and final reading by title and was passed and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8293. 126 JUL 251974 PERSONAL APPEARANCE - PAUL RYAN REQUESTING COMMISSION TO DIRECT OJT MITOTMTEMEOCks4Vadb SHOrSVERS RSCHOOLTRT• Mr. Paul Ryan: My nave is Paul Ryan, 7250 S.W. 41st Street, in regards to the paving that was denied by the zoning Hoard for Kingdom Hall we are building. I would like to review that if possible. Mr.Pluiz er: You were denied by the Board? Dave Simpson is familiar with that. Mr. Ferencik: There is a small church up on 54th Street, and Mr. Simpson ,ought to be telling this story but I happen to know it because Mr. Ryan came to me. They appealed to the Zoning Board for the right to eliminate the paving on this church, and they were turned down, the Board turned them down, skid they had to put the paving in, and I guess they didn't recog- nize that they had the right to appeal this decision to the City Commission, and they never appealed it, and now the matter, cannot supply you with the dates, Mr. Ryan probably knows the dates when this happened. It has been some time ago, and what Mr. Ryan is asking you to do, is now to consider this matter that was turned down by the Zoning Board. Mr. Lloyd: What the Zoning Board needs to do is to process the appeal. I have talkers with Mr. Simpson, he will process the appeal if so directed by the Commission by resolution. I have a resolution prepared. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-635 A RESOLUTION DIRECTING THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION -PLANNING AND ZONING BOARDS TO PROCESS THE APPEAL OF KINGDOM HALL, LOCARED AT 241 NW 54 STREET, LOTS 20, 21, AND 22, BLOCK 4, RAILROAD SHOPS INTERSCHOOL TRACT, FROM THE DENIAL OF A VARIANCE TO WAIVE THE REQUIRED PAVING OF CERTAIN PORTIONS OF THE PARKING AREA, ALLOWING SAID AREAS TO REMAIN AS GRASSED AREAS Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote -Rev. Gibson, Mrs. Gordon, I. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 35, PERSONAL APPEARANCE - REPRESENTATIVE OF LONGSHOREMAN'S UNION RFGARDING PROPOSED LAND SWAP OF F.E.C. PROPERTIES ETC. Mr. Cleveland Turner: I am Cleveland Turner, President of International Longshoremen, ----I am also representing the Long- shoremen. and the Dade County Federation of Labor at this particular meeting. As you know, we haveal problem there with the property which is owned by Ed Ball right off Biscayne Blvd. Mayor Ferre: Join the club, we have a problem too. Mr. Turner: In the past, I have read in the papers the Commission was talking about swapping property with Ed Ball for some of Dodge Island seaport. I was hoping you wouldn't because 127 JUL 251974 I think you have the power to condemn it if you need it, and pUrohase it like in the past with other citizens with property, without making a swap. We have had a lot of problems with him, and I know if you cote on Dodge Island you will still have the probleta. I think Dodge Island is moving good, ----I hope you give serious consideration not to swap, that you condemn the property and purchase as needed. Mrs. Gordon: We appreciate your coming here Mr. Turner, and expressing your views because you are not alone in your view, there are many who do not want the swap to take place. They want the entire property for the City of Miami, not part of it, and IAreally glad you are here, and that your Union and the others are solidly behind this, ----the condemnation and r the trade-off. Is that is? Mr. Turner: Right. Mrs. Gordon: We hope you will support that position the Commission takes a public hearing on it. We have not had one yet, but we are in Court in condemnation and we have not had it out of the Florida Supreme Court, --we are waiting on it. Mr. Lloyd, isn't it true in your opinion, ----it bothers me, that perhaps the court is not as fast as it would be, knowing that we are negotiating some kind of trade off. It bothers me and concerns me, that in the interim period, while we talk about high prices, the prices are getting higher, while we are talking, and we influence that kind of thinking when we speak about it, and say it. This reminds me of the Ball Point property. and it is very appropo that I should bring this up at this moment, but do you all know in the year 1971, when our appraiser gave us an apprisal of $7,500,000. that the F.E.C. interest went to the tax assessor and, this is a certified copy, claims that Ball Point was only worth $3,675,000. and this was made in 1971 at the same time that our appraiser was making his appraisal. Now, ----his appraisal was made based on transactions of 1971. We received his appraisal in 1972 in January, so I bring this to your attention because all of this big talk about big prices, is exactly what happened. That is the way the prices go up. Mayor Ferre: Cleve, I want to thank you for being here, and I want to tell you, make a commitment to you that nothing will happen on any of this, never be finalized until we have a public hearing. I am pretty sure that if it ever gets to that point, you are I are fronds from way back, that I think I will show you the logic from your point of view, as a Union, of doing whatever it is, we end up doing, okay, just have that much faith, ---i won't even ask you that, just give me the benefit of the doubt until that time, and you and Marvin know me pretty well,and know i am not going to give you a bum steer. At the right time we will get all the facts on the table and talk all the facts after we have all the conclusions from the Manager's office and Admiral Stevens and the Port and the whole bit. You have my word that you will know in plenty of time. I know your point and I Jmow your concern, and I think it will all come out in the wash. Mr. Turner: The only thing my people were disturbed about, because in the past when you wanted to put the expressway or anything else in any area, you wanted to condemn it for anything. you go ahead and condemn it, move there. Mayor Ferro.; We can't do that. 128 JUL 251974 Mr. Turner: They are holding this up for one particular reason, wry people are disturbed why they can't do the sane thing with that property. Mayor Ferre: Cleve, let me take a minute to explain, and I'd be very happy to go down at the next time the Union meets and go over that. Let me give you the one reason, and t have nothing to do with that, or anybody else. The law is that, ---or was, that the F.E.C. Railroad has a right to condemn property. It is called the sight of eminent domain, and the City of Miami has the right of eminent domain, there was a conflict between those two rights, see? The legislature cleared it up at this last Session, and we are now going before the Supreme Court of the State of Florida, to get them to rule under this new law whether or not that is constitutional and whether or not that clears it up. Once that is done, then we know the direction that we are going to take. Okay. The difference between taking somewhere else, and taking here, is taking somewhere else wasn't taking property from the F.E.C. Railroad and let me make this simple point. It isn't whether or not we want a non -union port, we've got one, ----we've got one right now, and what we are trying to do, is take it away, and they say we don't have the right to do that legally and they are before the Supreme Court arguing About it. I can't decide it. and you can't decide it, nobody here can decide it. Only the Supreme Court is going to decide that. When they decide, then we will kro w which direction to move in. Mr. Turner: Okay, I'll settle for that. Mr. Plummer: Everybody else has had their say, we have heard about the church expert, the goat experts, and all the rest of them, there has been an area of confusion, and I want to clear it up. That area of confusion is, that there has never been a vote of this Commission to negotiate. The only vote of this Commission is giving the latitude to the Manager and to the Attorney to look in to all possibilities of possibly negotiating out something. We have not entered into any negotiation, we don't intend yet to eater into any negotiation, we instructed them to a four to one vote of this Com- mission to explore all avenues, not limited to Mr. Ferre's plan, but all avenues and then come back to this Commission, and say gentlemen, we think you can do this, this, or this, or ----gentlemen, no way any of it is going to work. The only thing that has been by this Commission, and I want you to understand that well, because I didn't vote to negotiate any swap, I only voted to give these two► people the right to sit down and explore all avenues. Mayor Ferre: And don't let anybody for political reasons and you know what I mean, Mrs. Gordon:I resent that. You are implying that I, Mayor Ferre: Let me finish, there are those people in this Community whose negative attitude ends up, not only in destroying you piece of pie, but everybody's piece of pie. Mrs. Gordon: Mr. Ferre, now that you have brought this matter up about political, you brought up at the County Commission level the fact that Ball was getting fill at 500 a cubic yd. I found out since then that the County did not sell directly to them but that there was sales of that fill that was obtained by two separate companies and one them sold the fill for the 500 to Mr. Ball to do his filling. I understand Maule Industries owns some of that fill, I didn't say they sold it to F.E.C. but they did purchase some of the fill for 500. You seem to be quite astonished that the Commission 129 •l 4,1 level, that fill ways being sold for 500 a cubic yard. Mayor Ferre: Mrs. Gordon, since you have made an accusation Mrs. Gordon: I did not make an accusation, I said the facto were told to me, ---- Mayor Ferre: Let me explain to you that four years ago, Maule Industries was one of the firms who purchased fill from Metropolitan Dade County. It was done en a bid basis. The Assistant to the Port made the determination and we were awarded x number of yards of fill. We have been using that fill and it has no relationship, in the least bit, with Mr. Ball, and we are taking that fill out towards the airport and filling property that Maule Industries owns in that vicinity. It is on the record, it is com- pletely honorable, above -board, it has no complications, you of course, as you have continually done, are making personal attacks and trying to smear me on a personal basis every single opportunity that you get.---- Mrs. Gordon: Thatis not true Mr. Ferre. Mayor Ferre: You started all of that when you made all of those horrible accusations about me back in March and April of last year, you continue in every occasion you can possibly find, to try to get little threads that you think are going to embarrass me. This does not embarrass me Mrs. Gordon, because there is nothing wrong in any of this, and it is all a matter of public record. You are trying to put 2 and 2 and make 8 out of it, it just isn't going to work. You will have opportunity at election time next November, to continue your accusations, and let the people decide. Mrs. Gordon: Mr. Turner, did I communicate with you at any time about coming here or having that letter written? I have a copy of a letter that was sent to Mayor Ferre,---is that true, it was sent to him? Mr. Turner: No we had no communication. Mayor Ferre: Thank you Cleve. Mrs. Gordon: I wanted that clearly on the record. Mayor Ferre: Typical Rose Gordon, she doesn't come out saying it, but implies that because Maule is buying fill for 500 there is some connection somehow with Ed Ball, and that is absurd. Mrs. Gordon: I never said that. You said to the County Commission that you couldn't imagine how they could get fill for 500. Mayor Ferre: All right, Mr. Plummer: Thank God I am in the funeral business. Mayor Ferre: Thank you very much for being here. 130 JUL 2 51974 • 36. LIMITED GAS FRANCHISE - CITY GAS COMPAMY OF FLORIDA EMERGENCY ORDINANCE - ISSUE TO BE PRESENTED TO VOTERS ON FALL Atty. Phillip Schiff: I'll make this as quick as I can. It is very important to a client of mine. I am general counsel to the City Gas Company of Florida, and we have been requested by a large number of people of the western part of your City to furnish them with a supply of natural gas. We can't of course because we do'not have a gas franchise. I wrote to Mr. Andrews some time ago are' Mr. Andrews referred the matter to your City Attorney and it was suggested that I prepare a proposal. About 10 days ago I pre- pared a form of ordinance, a copy of which, together with my trans- mittal letter to the City Attorney, I have handed to each of you, and the franchise ordinance which I have prepared is substantially the same as the one which is held by the other natural gas utility in the City. Ours is requested to be a limited ordinance giving us territory from S.W. 27th Avenue to the western city limits to serve. We are franchised in the City of Coral Gables, we are franchised in West Miami, we are franchised in Hialeah, and we serve in the unincorporated areas to the west of the City so we sort of surround the western part of the City of Miami. The day before yesterday. I talked to Mr. Crouch, Mr. Andrews' assistant and Mr. Crouch advised me that. -----and I can't really fuss with him, he said they have not had time within the time that they had to go over the proposed franchise, to analyze it, and that would be from a business view point, so they could make a recom- mendation. It had beon on your agenda, and at that point it was removed from the agenda. The City Attorney tells me the franchise is in such form that the City Attorney's office can approve it as to fora, and of course not as content. So I decided to come down h ere and ask you if you would do this, and it is important because it has to be done today or this could not get on the November ballot. It has to be approved as you know by a referendum. Mayor Ferre: Judge, you know, we would have to pass this with a request that the County, the Metro Commission, put it on the ballot. Mr. Schiff: Yes, I understand that. --- Mayor Ferre: Have you got time to read and react to this? Mr. Lloyd: I have, ----I don't have much to do with it except to say legally there is no legal objection to it. It is up to the administration to react to the provisions. Mayor Ferre: What exactly does this do? Mr. Andrews: This gives them the right to utilize the public rights -of -way to place gas mains in and make connections to customers in a portion of the City. 'And it provides for 6% of the revenue that they earn in the City of Miami being returned to the City. This is true of the other gas companies. Mr. Schiff: No, that is not true of the other gas companies. They pay 3%. Mr. Andrews: They pay 3%, but the portion of the revenue being returned . The only part I can't advise the Commission on if the fact that, correct me if I am wrong, that this is a partial franchise in the City of Miami, covering only a portion of the city, and that is a little confusing to me. 131 JUL 2r 1974 Mr. Schiff: The reason for it is this. We think it is wrong for a utility to over -lap another utility because it is duplication and wasteful. Florida Gas nerves up to about 17th Avenue. We think that maybe in the future they might extend their lines, although they don't show they are extending their lines too much to the west, they might go up as far perhaps as 27th Avenue. We want to start from the western part of the City, as i said our mains are in Coral Gables, West Miami Hialeah, etc. and come east and we want only a limited franchise. We think there is a good chance the City of Miami residents -will get gas service from the other utility perhaps as far west as 27th Avenue. So we have applied only for a limited franchise so we won't get into any fuss with the other utility and so they won't get the idea that we are going to try to invade their territory. That is frankly what it is. Mr.•Plummer: Phil, let me ask a question if I may. We always caught in a bind, well, did the other company want it to bid. Are we going to be in that bind? M. Schiff: I sorry if I interrupted you, but you should know and the City Attorney will tell you, there is no such thing in theState of Florida as an exclusive franchise. It is illegal and you may not have an exclusive franchise. Mr. Andrews: Excuse me for interrupting you now to clarify a point, you can have two gas companies occupying the sane street, under a franchise. Mr. Plummer: This same avenue would be open to another company. Mr. Andrews: ---to another company, Mr. Plummer: I don't see anything wrong with it. Mr. Andrews: I was unable to fully advise the Commission. Mr. Plummer: As long as we are not shutting some out, Mr. Schiff: Let me add one thing for you, Commissioner Plummer, Mrs. Gordon and gentlemen, the haste is not to put something over on you, and here is what I propose, I would ask that you pass this so we can ask, or you can ask Metro to put it on the ballot. I would sit down with Mr. Andrews and the people from my company, within the next 30 days and if it is necessary when you get back from your recess, to amend the ordinance, you will still have the title which is the only think that goes on the ballot, which would be unchanged, and I think Jack, do you agree that would be perfectly legal, if the ordinance is modified so long as the title is not changed. Mr. Lloyd: Yes, that is all right. The title is just a simple question. Mr. Plummer: We have to move this under an emergency procedure. Phil I don't see a word in this ordinance that says anything about it going to a referendum. Mr. Schiff: Yes, sir.- 132 1974 to Mr. Lloyds We are preparing that now, Mr. PlUmMer: It is not in the title. Mr. Schiff: It is not required to be in the title. It is in the body of the ordinance. It is section 19. An ordinance entitled - AN ORDINANCE GRANTING TO CITY GAS COMPANY OF FLORIDA, ITS SUCCESSORS OR ASSIGNS, A LIMITED GAS FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; DECLARING THIS TO BE AN EMERGENCY MEASURE ON THE GROUND OF URGENT PUBLIC NEED AND DISPENSING WITH THE REQUIREMENT' OF READING THIS ORDINANCE ON TWO SEPARATE DAYS 8Y A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mr. Plummer, and seconded by Rev. Gibson for adoption ens an emergency measure and dispensing with the requirement of reading sane on two separate days, which was agreed to by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson Mrs. Gordon and Mayor Ferre. NOES: None. Whereupon the Commission on motion of Mr. Plummer, seconded by Rev. Gibson, adopted said ordinance by the following vote - AYZS: Mr. Reboso, Rev. Gibson, Mrs. Gordon Mr. Plummer and Mayor Ferre. NOES: None. Said ordinance was designated Ordinance No. 8294. 133 JUL2T374 37, PERSONAL APPEARANCE MRS, EDNA LYLE REGARDING PLANET OCEAN AND DEED OF LAND ON VIRGINIA KEY Mayor Pierre: Are there any other public appearances here? Mr. Andrews: There is a Mrs. Edna Lyle regarding the Planet Ocean, that's the museum on Virginia Key, item D on your special agenda. Mrs. Edna Lyle: Mr. Mayor, honorable Commissioners, I'm not a lawyer, I'm not in business, I just work for a living and I own property in Miami... It has come to my attention, and I don't believe that it has come to this Commission's attention, that there is a deed been issued for 11.21 acres of Virginia Key property for the exchange of one dollar. Now I've set here through this afternoon and I've listened to them, as I am fuss- ing about my tax rate on two pieces of property, and I fail to understand why in the minutes that I have here of previous meetings. This land was given away for one dollar to an organ- ization who has listed itself as International Oceanagraphic Ocean Space Center Museum and for allied purposes. Now allied purposes is a very hazy thing. In their own material that I've collected I find that it is going to be built along with Planet Earth, an amusement center much on the scope of a Disney World thing; now this is in their own material and yet from 68-69 two different offers were made to the City of Miami to buy or lease that property for a museum or a Planet Earth thing by different companies in which instances that property that would have been $100,000 payment made to make it a good offer and on those two instances, and I don't believe any of you gentlemen were here then, propositions were a 6% on a certain take of gross or a 12% take over a certain million dollar gross. Mr. Plummer: You're talking about the ITT proposal about the golf courses? Mrs. Lyle: No sir. I'm talking about the Planet Ocean on Virginia Key... Mr. Andrews: The proposals were not for a smiliar installat- ion of what the lady is talking about. They were different installations. Mr. Plummer: Excuse me, Paul, this Planet Ocean is the one with Walton Smith? Mr. Andrews: Yes. Mrs. Lyle: Yes, sir. It is. Mr. Plummer: It was heard before this Commission on two occasions... Mrs. Lyle: It is mighty funny, no one has even read the Miami Herald and I understand James Knight is one of the trustees; it was never printed in the Miami Herald because I am an advid reader of what is going on in my City. Mr. Plummer: Ma'am, I let the Herald make their apologies or their justification. I'm telling you that I recall very vivid- ly this Commission donating ten acres then I remember very %ividly Walton Smith coming back and asking for I don't re- member what, for additional area for parking. Now what is hitting to the nitty gritty is what you're speaking of as an 134 JUL 251974 amuse*ent center in conjunction with this? Mrs. Lyle: I have their publication: Planet Ocean, a six million dollar project of the IOF is basically a museum. But yet in its concept more closely resembles that of an amuse - Mont attraction in Disney World. They will be charging admis- sion. Certain members of IOF will have free admission but I as a taxpayer will not receive a free admission ticket. My grandchildren will not receive a free admission ticket. At the same time as I set here and listen to you gentlemen dis- cuss the Ball Property or whatever and how much a million, or whatever... We gave away, and I'm talking about we as the City taxpayers 11.21 acres of the most valuable waterfront property and no way in any way can we collect one penny. It is set up in this contract that the administration, there is going to be admission charged; the administration and running of this doesn't bring us one penny? Concessions that will be set up, and all of you are more worldly wise than I am about this, but you know you cannot have these allied purposes which necessitates 400,000 by their own count people going past the Marine Stadium on Rickenbacker Causeway visiting, (1) traffic, it is abominable now - I go to Key Biscayne Presbyterian Church and it takes me two hours to get there. (2) You've got to have water and sewage, Key Biscayne; and I don't even own a piece of property out there, I just feel sorry for those people that do. Water pressure; it's a joke. Where is the water and sewage going to come from? Why?, I beg to know just the ans- wer to this question; why for one dollar? And it says here, good and valuable considerations, receipt of which is hereby acknowledged; do we give away 11.21 acres of the most valuable property in Dade County yet you're all crying about parks? If we're going to give it away for God's sakes let's give it away to some of Reverend Gibalon's children that are over there in that traffic where I pass and I agree with him. If we're going to give it away why are we going to sell admission to it? I don't have the time, nor do you, but I have plenty here to support the fact that this thing is going to make money hand over foot and the City of Miami isn't going to make a cotton-pickin' penny because the good and valuable consider- ation which receipt of which is hereby acknowledged, and I don't know when this was hereby acknowledged but I sure would be very interested to know what they were. They did not come into affect to knock down my 3% increase.... Mr. Plummer: Mrs. Lyle, may I offer a suggestion? Mrs. Lyle: Yes, file an injunction against the City? Mr. Plummer: No, we'll do even better than that for you. May I offer a suggestion that we instruct the Manager to con- vey to the Planet Ocean your concerns and ask them to respond then we the Commission can look into the matter, be informed and then if there is action to be taken we can take it. But I've got to tell you something. The things you're bringing up, if true,. I don't know a thing about. Now why don't we give to the Manager the authority to look into the matter. Mrs. Lyle: None of your names is on this deed. Mr. Andrews: But Mr. Mayor and members of the Commission.... Mayor Ferre: I was on the Commission at that time, wasn't I? When was that? Mr. Andrews: 70, 71, 72, going back, Mr. Mayor, to about 1967. 135 JUL 251974 Mayor Ferre: 1 remember all this going back to 67 but then if it was done in 71-72, I wasn't here. Mr. Andrews: But I want to amplify what Commissioner Plummer hAd to say so,that the record is quite clear on this. There were at least, the very least, a half a dozen meetings on this; the Commission may not be aware, but the Commission then went through the trouble of having the Marine Council involved in this. They made extensive surveys. You had meetings. There were two different proposals, two separate proposals approximately 18 months apart that were solicited by the Commission in which we got all kinds of potential uses most of which fell into the carnival activity, had nothing to do with the waterfront whatsoever except one of the carni- val activities was to bring a ship in and have some amuser- ments on it on land and the Commission after many meetings and listening to advices from the Marine Council finally con- cluded that the wisest thing to do was to get an organizat- ion that was not profit motivated that would develop a sophis- tocated marine museum at that location at which there would be minimum charges so that people that you represent in the lower incomes, and particularly the school children would have a place to go to that would have cultural rather than entertainment value at very little cost. When this agreement was drawn it was drawn, we thought,with some care to make sure that the only costs that would ever be assessed were those costs of maintaining the facilities; there was to be no profit; it was non-profit. And the City has the right to go in and audit all of that. In fact, the Commission after almost three years of struggling with what to do there they finally concluded that this was in the very beat interest of the public. Mrs. Lyle: I grant you, I grant you that if it were strictly a museum or strictly a scientific adventure and strictly free of admission to the taxpayers you might have a logical foot to stand on. But at the same time 11.21 acres absolutely given away for one dollar is ridiculous as you raise our taxes. Now my point is this: I somewhere published would be an explan- ation of where it says alliedpurposes only. Do you feed 400,000 a year? I am formerly with a restaurant, 400,000 people a year feeding is well over $2,000,000. That's the first estimate for the first opening of this; 400,000 people a year. You have to give them water, you have to give them toilets, you have to give them food. Now just who is making the money? Now I know,because I formerly worked at a big restaurant where the Port Authority was involved, that a certain percentage of all these concessions must necessarily be reviewed by an audit from the Port Authority, and I believe I'm right, Mr. Ferre. On that fact alone are these things based but there is nothing in this contract that myself or anyone that I know of can find that says one word about any- thing returning to Miami. Mayor Ferre: Paul, I think Mrs. Lyle has brought some valid questions. I would recommend that we do the following: would you and the Legal Department, Mr. Lloyd, review this? Would you write Planet Ocean a letter advising, send them a copy of the transcript; I would like for them to be scheduled here, advise Mrs. Lyle at a future meeting. It will probably be, if not 'in September, it might even be in October. Mrs. Lyle: Mr. Ferre, I work, I got off and lost four hours work today to come down here and I am not qualified to argue these things with men of that scope. I well know who the 136 JUL 251974 • board of trustees is and who the corporate members are and I am not up to this. Mayor Ferre: Nobody is asking you to argue any of this. The only thing we're asking for is some information and answers to the questions that you posed. I don't have the answer and unless somebody can give you an answer right now. the only thing that I can recommend is that we chanrge the administrat- ion and the City I►ttorney with studying it. requesting speci- fics and if there is something that must be amended, then requesting an amendment. Mrs. Lyle: I'm certainly interested in the good and valuable consideration. In fact, I would really be interested in an audit of the accounts today.... They sit out there in that office at 10 Rickenbacker Causeway and open envelopes with money and I hate to think that my tax dollar, for 17 years, that you've given away 11.21 acres. Mrs. Gordon: Mr. Andrews, would it be possible for you to furnish us with the complete history of this, all of the items that proceded today? Mr. Andrews: Sure, sure we can. Mayor Ferre: And schedule it in the late afternoon at some meeting so that Mrs. Lyle doesn't have to sit here waiting all day. Mrs. Lyle: I can wait all day but it costs me money to come and I would prefer that somebody... I elect you all and I expect you as my Commissioners and my Mayor to represent me, when it comes to my tax dollar, when it comes to spending City money, when it comes to giving away, trading, buying, borrowing, whatever. I want to be the number one consideration because when I came to this City of Miami believe me there weren't 400,000 people here and yet my taxes have gone up from $141.00 in 1958 to over a thousand. My assessment on my home went up $10,235.00 and then I hear here today; I hadn't heard it before, that the City of Miami is going to ask a 3% increase. Come on fellows, let's be real. The one person who supports that property is myself. and I'm not a kid, I've got a 25 year old' grand daughter I'm proud of but I'm not only fighting for myself, I'm fighting for your kids and for my grandchildren and I want some kind of an investigation made and if I don't I'll write everyone of you a letter and give you the very devil. Mrs. Gordon: May I commend you for not looking like a grand- mother of a 25 year old? Mayor Ferre: And thank you for being here, Mrs. Lyle, and I think we will not forget your request but we will respond to it and this will come up again. Mrs. Lyle: And by that time I'll have more than 5 days to be ready for you. And I am proud to say that Mr. Andrews, I do appreciate him better than Mr. Reese. Thank you. Mrs. Gordon: Mrs. Lyle, may I have a copy of the form that you had if you have an extra copy? Mayor Ferre: I'll give it to the clerk and you can pass out the copies of it. 137 JUL 251974 38, PERSONAL APPEARANCE - LEONARD BATZ REQUESTING CHANGE OF NAME OF THE WELREESE GOLF COURSE - DISCUSSION ONLY Mr. Leonard Batz: Honorable Mayor, members of the City Cora,- mission and Mr. Manager, as you know and trying to keep this to a minimum now, you've all received a copy of the Letter which was sent to the honorable Maurice A. Ferre dated June 10. I am Leonard E.A. Betz, I'm past president of the Miami Le Jeune Men's Golf Association. I am here representing our present members board of directors and the othere have already gone and many golfers also, relative to a problem that is legal in scope and not as far as the feelings of an individ- ual. Now originally„ a letter dated November 25, 1973 we outlined the problem because we are members of the United States Golf Association. Therefore, and we are chartered under the state laws of Florida and incorporated, therefore, we have the name of Le Jeune's Men's Golf Association and not Mel Reese Association. I should like to inform you that the Mel Reese name is not acceptable and has not been to the USGA, so therefore, we can't change our name unless we go and change articles of incorporation. Therefore, in our recent letter • we have asked, we recommend that the official name; realizing that we've got a problem here: that it be Le Jeune Mel Reese Golf Association. In that manner, we can then renew our mem- bership to the USGA and provide the benefits that they are willing to present to the City of Miami. Mr. Plummer: Mr. Betz, are you saying sir, that as the name Mel Reese that the PGA will not accept you? Mr. Batz: Yes, sir. Because at the present time, I've already in the past three weeks had to change applications which were sent to the USGA for people to play in the golf tournaments and they were refused. There isn't any such thing as Mel Reese Golf Course. The Esquire, Golf. Digest, all publicat- ions list only Le Jeune Golf Course. Now remember, for 13 years Mr. Price has done a tremendous job of making the entire national, international - if you want to call Canada - are aware that this is one of the finest municipal golf courses in the country and it is. But under the name of Le Jeune. Mr. Plummer: But I don't see, are you saying that the prob- lem has arisen because the City or the golf course in part- icular did not change, did not notify the PGA of the change of name? Mr. Batz: That's part of it. Mr. Plummer: Surely you can change a name of a golf course. Mr. Batz: No, sir. Not when it has already been established with a group of people who are incorporated without at least the moral or ethical reasoning of letting us know that such a change was eminent or was to be considered. We have rights a leo. Mr. Plumper: Is this a one year problem? Is tht what you're talking about? Mr. Batz: No, it isn't. It is a continuing thing. Mr. Plummer: Well, you're not going to make me believe that someone can't change the name of a golf course. I can't be- lieve that. It's like we can't change the name of a park. 138 J U L :' 1974 • Mr. Satz: Ok, wait a minute. Mr. Plummer, would you change the fame of Piutmner organization because one of your members retired? would you, Rose Gordon, Reverend Gibson, would you change the name of your church? Mr. Plummer: Mr. Betz, that has nothing to do with it.... Mr. Batz: That's all part of it. Reverend Gibson: Let me respond. We change names of churches whenever we find it necessary. I want to respond to that. Mr. Plummer: Let me ask another question, because I'm trying to get to the basis of this. Is it in fact, your contention and that of the so-called PGA that.. Did your organization, the Le Jeune Golf Men's Association have any connection or impetus from the City of Miami? Mr. Betz: The articles of incorporation of the Miami a Jeune Men's Golf Association, Inc., constitution and by-laws revised December 1968 says: The corporate name of this Association shall be Miami Le Jeune Men's Golf Association Inc., and shall be located in Miami, Dade County, Florida. It also says that.. Mr. Plummer: Mr. Batz, you're drifting way off of the subject, sir. Does the City of Miami, do we provide your organization with any money? Mr. Batz: You do not. Mr. Plummer: Do we provide your organization with any City goods inkind, monies, anything at all? Did we have anything to do with the forming of your organization? Mr. Batz: Not being here when this was done, apparently not. Mr. Plummer: A11 right, so in other words you are totally independent. Just because you're the Le Jeune Men's Golf Club you could play at any golf club you choose. Mr. Satz: No, we cannot. We are by agreement and by incorpor- ation playing at Le Jeune Golf Course in the Dade County, City of Miami. Mr. Plummer: Do you have an agreement with the City on that basis? Mr. Batz: No, the articles of incorporation call for it. Mr. Plummer: I'm saying what evidence from the City; you see I could start the J.L. Plummer Le Jeune Golf Course but that doesn't give me any rights or privileges at any golf course, none what so ever. I'm a private corporation as you are. Correct? Am I wrong? Mr. Batz: That's right. We're incorporated to be operating in the Le Jeune Golf Course. Mr. Plummer: Mo. That's of your own choosing. Mr. Batz: No, if this association, the men's association dropped out of it then obviously we wouldn't be there. Mr. Plummer: As I understood you to say, that you would be, according to you by-laws, playing in the City of Miami. Now I don't know, are there any other golf courses in the City of Miami? 139 JUL 2 51974 • Mr„ Satst Certainly, Miami springs.... Mr. Plummer I'm sorry. Ok, but it is still City owned. Mr. Betz, I just don't understand, sir. The only thing that 1 see that is a problem is the problem that PGA was not in- formed, the USGA was not informed that there had been a name Change and i think tha is a matter of a pyone call from the City Manager followed up by a letter and then they would ac- cept it. Mr. Batt: There seems to be a conflict of... Mr. Plummer: Let Mr. Howard speak to it, he should know more about it. Mr. Howard: The USGA was notified through the City, however, they are a separate entity, what he's referring to now. We have nothing to do with the Le Jeune Men's Golf Association. The City has notified there was a change in name from Le Jeune to Mel Reese but that does not affect them. Mr. Plummer: All right. More importantly, answer if you can this question. Why was the application returned because of the name change as he inferred? Mr. Howard: I really can't answer that. Mr. Plummer: Well can you call and find out? Mr. Howard: Yea, I can. Mr. Plummer: I think that would clear it up. Mr. Batz: In reply to you, let me read this letter for the record which is from the United States Golf Association, July 16, this month: To Mr. Leonard Satz; Dear Mr. Batz, thank you for your letter of July 11 concerning the Le Jeune Men's Golf Association. We have not taken any action towards expelling your association from USGA membership. As a matter of fact, we posted a letter just yesterday extending the per- iod for payment until July 31. Based upon your letter, how- ever, please disregard our letter of July 15 (that's the one covering expulsion) I have enclosed our invoice for 1974 mem- bership dues as you requested and will hold your membership in tact pending your reply. As you probably know, we permit the City of Miami to subscribe to our Turf Grass Service (see enclosed pamphlet) for both the Le Jeune and Miami Springs Golf Courses on the strength of your association's USGA mem- bership. Only USGA members may subscribe to our Turf Grass Service. Should your membership be discontinued we would be obligated to withdraw the City's subscription since the Miami Springs Golf Course is not a USGA member. Again, thank you for your letter of July 11 and for your support of the assoc- iation. United States Golf Association, Charles W. Smith, Administrative Assistant. How all we're asking to satisfy this whole problem is that you make the name which is not going to be difficult, the Le Jeune Mel Reese Golf Course. Our problems are mini- mized, yours are minimized. Then, we can go and take care of our business; we can take care of the business necessary for the applications which are being returned when they say Mel Reese Golf Course. Reverend Gibson: Mr. Lloyd, I think this is where you espec- ially fit in. I don't think you're dealing with a legal 140 JUL:-, 1974 • problems there. I think if you were to write them and say to them you are one and the sable that has been doing business with them for the last upteen years that all they'll do, and send them that fee, I'it tell you what....the same response this year you got last year. Now... Mr. Batz: That's not the problem. Reverend Gibson: Well now look, ok, let me respond. You know I must say this out of fairness to everybody. As much as some people may not to call that Mel Reese Golf Course, I said something like this when they were going to name that park to Dave Kennedy. I wasn't voting because it was a custom. Do you remember that, Mr. Mayor? I wasn't voting because it was a custom to name parks after mayors because I may get a mayor I don't want to name one for. Ok. I was in full know- ledge when I voted to name that golf course Mel Reese Golf Course. Now I'm not prepared to back away from that because that shows a side of irresponsibility. Mel Reese worked for this city a number of years, he rendered good service maybe until some of us got mad with him but I can say this - con- trary to what I heard a couple of people saying the other day, I've got a lot of respect for that man. I may not have liked the way he handled people; one thing I think we're all going to have to admit - he rendered a service to this community and the one thing, I'm going to end on this, one thing 1 hope to never do in my life, to be unmindful and ungrateful to the service that people rendered this community. If you have a difference or you dislike for the man, I want all of us to go and those of us who pray pray about it. Those of us who don't pray think about it. You know I have no problem with whether you pray or think because I think if you do it sincerely you'll end up in the same place. So I just want you to know that I don't have the same problem you have and I don't think it is a legal problem. I think it is a matter of taste, a matter of like and a matter of dislike. I'll tell you what I'm willing to do, sir. If you sent your money and a letter explaining the situation and they returned your money and say what I think I hear you say I'd be one of the first to offer to make the name longer and change it. Mr. Betz: This is why we're in the problem right now, Reverend. We've had this problem, they've returned it, they've turned applications back. Midnight, for heavens sake, and one other time in a meeting I had to go, I went out and took the time and effort to get these applications back and sign them so that they could get them back in.. Reverend Gibson: But sir, not to cut you off; if the only letter you got from them is the one that you read to us that letter does not deal with the name. I'm saying to you if you write them back, write them and send them your fee and tell them that you are the same association and you just happen to play on that golf course.... Mr. Batz: Who is going to pay for our change in articles of incorporation? I can't deny this.... Reverend Gibson: You don't have to change. Mr. Batz: Oh yes,we do. Reverend Gibson: No, you don't. In the church, listen, let me say this to you. I'm not a lawyer but I'll tell you one thing 1 like about the Episcopal Church. The average priest 141 �E,:. 1974 ends up being the lawyer if you aren't careful. to change that nan►e. You are playing golf there and the association goasa on just the sale and we to do with your rotes tnd regulations. We don't fees, we don't control who your members are. Do Mr. Batz: No, air. (INAUDIBLE REMARKS) You don't have by convenience have nothing control your we? Mr. Plummer: Mr. Batz, I accept on premise that you say that this is not a personal matter. Mr. Batz: This is right, it isn't because I talked with him yesterday. Mr. Plummer: All right, based on that premise; the City Attorney, I think he was the one that whispered in my ear but it could have been any one of these high-priced officials overhere, they say tie t if you change your by-law, amend --- not change, just amend -- to read the Le Jeune Men's Golf Club playing at the Mel Reese Golf Course is all that you need. Then you're perfectly legal. Now what else is the problem? Mr. Batz: Well, theproblem is that the board of directors, and I've asked them to hold the membership, the renewal until such a time as we've received a decision and if they say no then we won't have any.... Mr. Plummer: They have made their own bed. Mr. Batz: Yes, however, Mayor Ferre, remember this, has already extended an invitation to the USGA to have the 1976 National Golf Tournamenthere which is going to mean thous- ands and thousands of dcllars. Mr. Plummer: But if you :sake that one amendment to your by- laws then there is no problem. Mr. Batz: OK, but if they refuse to renew then we've got nothing. Mr. Plummer: But I'm saying won't you agree that if you make that amendment everything will be alright? Mr. Betz: I'm sure that the majority of the members will not accept that sort of thing. Mr. Plummer: Here again, I can't tell them and they can't tell me. Mr. Batz: I know, I'm handicap chairman as well, it has been a great deal of trial and tribulation to me and it is a prob- lem. I've already sent you... A few years ago, a year ago if this had all been taken care of we'd have had a second floor built, we'd have had the place paid for, we'd have had the second floor dedicated to Mel Reese, not the Le Jeune Golf Course dedicated to Mr. Reese which would have a greater and lasting effect and far better than changing the name of a golf course and creating this problem. Mr. Plummer: I'm sorry, I'm not that smart. You came here asking us to help you eliminate a problem which you have. Now we have given a solution which the attorney tells me if per- fectly legal... 142 JUL 251974 Mr. Utz: This is right. Mr. Fier: if you don't accept that solution .... Mr. Betz: I'm afraid that the USIA is not going to accept tint solution because (1) USG► does not recognize the Mel Reese Golf Course.... Reverend Gibson: Sir, i want to say again if you were to write then a letter.... Mr. Satz: It is going to be too late. Reverend Gibson: Wait. All you've got to do, look man, the air mail goes mighty rapid around here. If you were to write them a letter and say to them what the situation is and you came back here to us and told us, show us that letter; and I want to show you how you get on the record —just write them a letter and send us a copy of the letter and let them respond and if they say they're not in accord with what you are pro- posing or what you have said then I would be willing to deal affirmatively on the matter. But until that time you have the affirmative responsibility, i think you and the associat- ion, to at least try. Mr. Batz: Your honor, I have been trying since the twenty- fifth of November, 1973. Reverend Gibson: Where is the letter that you wrote explain- ing the situation? Mr. Batz: Mayor Ferre has it. Reverend Gibson: Mr. Mayor, do you have a letter which says that they are the one and the same? Mayor Ferre: I may have a copy of all his correspondence. He's written some letters back and forth. Now Leonard, cor- rect me if I'm wrong, you've never written a letter telling than that you were going to do what Plummer is recommending. Is that right? Mr. Batz: No, sir because when I talked with their represent- ative when he cane hereland when they came in and walked through the club house and there wasn't in a sense any club house at Le Jeune, he said "Well I can't help you". Mayor Ferre: Leonard, I sympathize with your problem and I recognize.... Mr. Batz: I've got 97 people that are on my back. Mayor. Ferre: Ninety-seven fellows that are hung up and real upset about the fact that we renamed the Mel Reese Golf Course and that's what it amounts to and I understand. Mr. Betz: We're willing.. I can convince them if we went the Le Jeune Mel Reese, it would be no problem and I don't think that's asking too much because remember that's a 13 year reputation. Every publication in the country, if Mr. Price were here he'd tell how much this is costing you people. Mayor Ferr•: Now Leonard, we've got to move off of this because it is almost 6:3O and we've got at least 20 other items. We'll be here until half past nine and I've got a six O'clock appointment. 143 JUL 251974 Mt. Rats 1 appreciate your bringing se up here before this. Mayor Ferre: We've got tosaove now. Plumber, do you have any notions that you want to make? Mt. Pluaers Mr. Mayor, .... (INAUDIBLE) Mayor Ferre: Reboso, do you have any recommendations? Mrs. Gordon, do you have any recommendations? Mrs. Gordon: I just want to tty to remember, did we have a public hearing on that? Mr. Andrews: No, ma'am. Mrs. Gordon: When we changed the name we didn't? Mayor Ferre: I don't think so. Mrs. Gordon: You know we made it a practice, I wonder why we didn't do it then. I can't recall. Mayor Ferre: I don't remember either. It is one of those things that happened when Me. Reese resigned and retired and I don't remember how it happened, frankly. Mrs. Gordon: Do you think it would be in any way belittling if we did call it Le Jeune Mel Reese? We still have the name Mel Reese in there. ... I don't see how it would belittle Mel Reese at all and it would make them happy and solve their problem. Mayor Ferret I'll tell you, I've told Leonard that I have no objections to that. We don't want Mr. Reese whose a man, and God knows I've had my differences with hit, but he's a man who served this community for 13 yeas`s.... Mr. Batz: I'm willing to do this if you approve the Le Jeune Mel Reese name and it becomes official, I'll go to Mel Reese myself and take care of the matter with him. Mayor Ferre: You're going to go, huh? Mr. Batz: I'll go to him, I like him. Mayor Ferre: Now the way I understand that sign is going to be painted, it will be like this: It is going to say Le Jeune very large and then Mel Reese Golf Course... Mr. Batz: That's the fine print that you'll have to look at. Mr. Howard: I want one thing to bear in mind though, if you're talking about a change we have to go through the same thing that we went before when we changed the Le Jeune to Mel Reese and that was all the score cards, our records, our signs and everything else which was very very expensive so we go through the whole situation again. Mrs. Gordon: Well we really should have had a public hearing shouldn't we? Mr. Satz: Yes, we should have. Mrs. Gordon: We didn't have a public hearing and these people would have been heard and then we wouldn't have done it then and done it over again now. 144 JUL 251974 Mayor Ferret Do you want to take Mel Reese and drag him, and tie him to none horses and drag him through... Let me tell you, I feel sorry... Mrs. Gordon: I asked a question. I don't know. Do you think he would feel it was belittling if we did it? I don't think it would be. Do you, Mr. Andrews? Mayor Ferre: I think it would be absolutely degrading to that man for somebody to start equivocating on this. Now we have had a lot of pressures on other parks, we've had a lot of pressures on David T. Kennedy Park.... Mrs. Gordon: No, not removing his name, I'm not talking about that. We're talking about adding the original name to it. Mr. Andrews: The Commission, over the years that I've been associated with the different Commissions have from time to time responded spontaneously as you did because you felt at that moment in time it was the right thing to do. Once hav- ing arrived at that I think that you're almost bound to hold your position. I think somehow, that Mr. Howard and this gentleman can work it out and he can help him. You've got to preserve the name that you've decided on and they've got to find some way to live with that name and I'm sure in be- tween some adjustment in their by-laws or something can be worked out. Mayor Ferre: We didn't have a public hearing that I remember in naming the Steve P. Clark park and I remember that, and the Bob High Park. Mr. Batz: Steve Clark, no, you named a new community house. This is perfectly all right but... Mayor Ferre: How about the Bob High Park? Mr. Andrews: Yes, that was a different name too that park before you changed it to Robert King High Park. Mayor Ferre: It was changed to Robert King High Park and there was no public hearing on that. Mr.. Batz: Yes, but there wasn't a group of people or an assocstion that was incorporated. Look, why didn't you let us know you were going to do this. We have some rights under articles of incorporation of the State of Florida. We're not just a bunch of dummies, these people are businessmen, they're the ones that are supporting you people, businessmen, lawyers, everything else. Mrs. Gordon: I can understand your problem, Leonard, and if I were Mr. Reese:I wouldn't feel bad if the two names were used. Mayor Ferre: Here's what we're going to do, Leonard, why don't you and Rose then go and see Mr. Reese about that and... Mrs. Gordon: We could, but we don't have another meeting until September and you said you have a deadline of when? Mr. Batz: The thirty-first of July. Mrs. Gordon: July, well how then can we accomplish it, we don't have another meeting. 145 JUL '451974 Ma,. r Ferre Wel we're alMoet past the thirty first of Willy, aren't we? Reverend Gibson: We're getting mighty close. Mayor Pierre: We only have a few more days. Now if you want to make a motion to change the name, that's perfectly all right and I'll accept a motion if you wish and let's see if we get a second on it and then we'll see now. If you want to go see Mr. Reese.... Mr. Betz: I'll go to Mr. Reese, sit down with him and tell him why it was done. I'm not trying to degrade the man. Mr. Plummer: Oh, no. You aren't putting me in that position. You can go down and explain to him what you want to do and if there is a concurrence then come back to this Commission, but not what we've done. No.... Mrs. Gordon: I think it would be a good idea if you wait and we could try to get him on the phone. Mr. Plummer: I don't believe this, I just don't believe it. Mayor Ferre: He wouldn't mind that at all, would he? Well, we have a little delegation here of people and we don't want you to take it personally now but we need to have a golf game played in 1976 and unless we change the name we can't have the golf game played. Reverend Gibson: You know what he's going to tell you? I don't know what Mel Reese will tell you but I know what I'll tell you and it ain't... You know. Mayor Ferre: What he said you can't put on a record, or what he was thinking you can't put on a record and what Mel Reese is going to answer is not publishable so.... Mr. Plummer: Expletive deletedl You've been watching TV too long. Mayor Ferre: we've got to Now is there Mrs. Gordon: I would recommend, you know. All right. Now move along. We've been on this thing 30 minutes. a motion? Is there a nation at this time? The tone of this Commission was self evident, a motion would be superfluous. Mayor Ferret There's never superfluous, you try a motion. You go down four to one many times. If you want to make a motion, let's hear the motion. Mrs. Gordon: You've already ruled out that you can vote on something without a second so you can't do that either. Mayor Ferre: I might second it. Mrs. Gordon: Oh boy, having heard the arguments as presented by Le Jeune Golf Course Association the hardships that they have to endure because they were not notified about a name change and it causes such a great inconvenience to so very many people and since we honored the name of Mr. Mel Reese, we will retain the name of Mr. Mel Reese and we will add to it the former name Le Jeune Mel Reese Golf Course. 146 JUL 251974 Mayor ferret Alright, We have a Motion on the floor to change the name from The .. • Mrs. Gordon: Add to, not change. Mayor Ferret Well alright, if you want to word it that way, add to The Mel Reese Golf Course the Word Le Jeune in front of it. Mr. Plummer: And the to Jeune Road Men's Association will pay all costs incurred by the City for such name change. Mr. Satz: I'm sorry, I can't accept that. Mr. Plummer: Well it is going to cost from what Mr. Howard is indicating, thousands of dollars. Is that correct? I think that is a damned good point. Mrs. Gordon: What do you mean thousands of dollars? Reverend Gibson: J.L., let's vote. Mrs. Gordon: Well let's hear it. Mr. Sowards Well all of our score cards that are printed in the neighborhood of 25,000 runs about a thousand dollars. All the signs throughout the City directing the players to Mel Reese, which is about 6 of them, the front sign on the Mel Reese Golf Course is another $600. It's well over two thousand, all of our books... Mayor Ferre: All right, Mr. Howard, you've said enough. Is there a second to the motion? Is there a second to the motion? Is there a second to the motion proferred by Commissioner Rose Gordon? Hearing no second the motion dies for the lack of a second. Mrs. Gordon: The games that little boys_play. Reverend Gibson: Well Ok, I will second the motion but I don't mind voting, I'll second the motion. Mayor Ferrel: There is a motion and a second is there discus- sion on the action? Call the role please. The preceding motion was introduced by Mrs. Gordon, seconded by Reverend Gibson and failed to pass by the fol- lowing vote- AYES: Mrs. Gordon. NOES: Mr. Plummier, Mr. Reboso, Reverend Gibson, and Mayor Ferre. ON ROLL CALL: Mrs. Gordon: Having explained the reason for this motion since it sakes sense, I vote yes. Mayor Ferre: With my apoligies to the membership of the Le Jeune Course: this is an important matter to the City, I think it would be absolutely degrading, Leonard, to Me. Reese to be subjected to something like this. It may not be a pol- itical thing with you but I think it is the only straight thing that we can do on this matter and I'm not going to play politics with something like this, so I vote no against the motion. Mr. Plummer: Mr. Mayor, may I ask, is it possible, I concur 147 JUL 2 51974 100 with -your remarks and 1 know everythingwe do is public � record but can that be enged from the Minutes? I think really the conversation that has taken place is degrading. Mayor Ferre: Well how can you do that when it is the public record and you know that the newspapers are going to have to publish it? I'm embarrassed for Mr. Reese. Mr. Plummer: I would just like it expunged from the records of these minutes if we can do it legally, if it can legally be done. I just can't let that pass because of some of the comments that were made. Mayor Ferre: Can we legally do that? Mr. Plummer: Can we expunge the record? Mayor Ferre: I don't think so. Mr. Plummer: Well let the record reflect that I requested it and I would have preferred that it be done. Mrs. Gordon: J.L., what are you speaking about? Mr. Plummer: Well Rose, I don't want to go into it. It is just the idea Mrs. Gordon: .... It was no reflection on anybody or any- thing. Mr. Betz: My biggest will ba if the board of directors de- cides no, not to renew the risnewal of the USGA then that means that the probability of having money, putting Miami back on the map again and doing something in 1976, at least one thing in this City is regrettably going to go down the drain. Mayor Ferre: I really don't believe that when you get down to the wire that the fellows are going to, you know, that when you're getting down to it because of the name that they're going to cut their nose and our nose really, to spite their face. I hope that 's not the case. I hope that they don't approach it from, and I have to say it, from a small point of view. I hope you fellows when you get to it take a wide broad approach to this thing and have a little human compassion and understanding. Mr. Plummer: Mr. Mayor, let me just conclude by saying one thing if I may. I would like, in Mr. Batz's behalf and the City's behalf that this Commission instruct the City Manager to follow through to the USGA seeing if he in his good office can't iron out any problems that exist and I'll offer that in the fora of a motion. Mr. Batz, did you hear my motion, sir? My motion is that the City Manager and his good offices and influence of his offices immediately tomorrow contact the USGA to see if he can iron out any problems existing so that he hopefully can do such and be back in touch with you before ther3lst. Let the manager see if he can do something. Mrs. Gordon: Let the records reflect that that satisfies me and I'm not interested in changing the name if these people can be helped without a name change. That was the only reason for the motion and I don't like any distortion of facts. Let the record reflect that comment fully! 148 JUL 251974 The following Motional introduced by Mr. PluMMer who roved its adoption: MOTION NO, 74-636 A MOTION REQUBSTIN THE CITY MANAGER TO IMMEDIATELY CONTACT THE U.S.G,A. IN AN ATTEMPT TO RESOLVE A PROBLEM ASSOCIATED WITH RECOGNITION OF MELREBSE GOLF COURSE. Upon being seconded by Rev. Gibson the motion was passed and adopted by the following vote -AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: No.ie. 39. RATIFY & CONFIRMING ACTION OF CITY MANAGER- APPLICATION FOR FEDERAL REIMBURSABLE GRANT EAST & WEST PINEMOUNT SANITARY SEWERS The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-637 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN MAKING APPLICATION TO THE ENVIRONMENTAL PROTEC- TION AGENCY FOR A FEDERAL REIMBURSABLE GRANT UNDER PUBLIC LAW NO. 92-500 FOR WEST 17 AVENUE SANITARY SEWER MODIFICATION B-5255, EAST PINEMOUNT SANITARY SEWER IM- PROVEMENT SR-5352, AND WEST PINEMOUNT SANI- TARY SEWER IMPROVEMENT SR-5233; AND AUTIOR- IZING AND DIRECTING THE CITY MANAGER TO PROVIDE WHATEVER INFORMATION IS NECESSARY TO APPLY FOR A FEDERAL REIMBURSABLE GRANT FOR THE WEST 17 AVENUE SANITARY SEWER MODI- FICATION B-5255, EAST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5352, AND WEST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5233, AS RE- QUESTED BY THE ENVIRONMENTAL PROTECTION AGENCY IN ATLANTA, GEORGIA. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 40, ORDERING RESOLUTION_ - FASHION HIGHWAY IMPROVEMENT H-4381 The following resolution was introduced by Mr. Plummer, Who moved its adoption: RESOLUTION NO. 74-638 4 RESOLUTION ORDERING FASHION HIGHWAY IMPROVEMENT 149 JUL 251974 4/4 8..43814 DESIONATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF Tii* COST THkREOF AS "FASHION HIGHWAY IMPROVEMENT DISTRICT H 4381": AND ALLOCATING THE AMOUNT OF $ 3 , 000 FROM THE HIGHWAY BOND FD FOR PRELIMINARY EXPENSE. (Here follows body of resolution, omitted here and on file in the City‘Clerk's Office.) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: Done. 41, ORDERING RESOLUTION - GARDEN HIGHWAY IMPROVEMENT H-4374 The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-639 A RESOLUTION ORDERING GARDEN HIGHWAY IMPROVE- MENT H-4374 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS GARDEN HIGHWAY IMPROVEMENT DISTRICT H-4374; AND ALLOCATING THE AMOUNT OF $3,000 FROM THE HIGHWAY BOND FUND FOR PRELIMINARY EXPENSE. (Here follows body of resolution,momitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and MayorFerre. TOES: None. 42, ORDERING RESOLUTION - GARDEN SANITARY SEWER IMPROVEMENT SR-53R5 7 C AND SR-53R5-S The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-640 A RESOLUTION ORDERING GARDEN SANITARY SEWER IMPROVEMENT SR-5385-C (centerline sewer) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE, COST THEREOF AS GARDEN SANITARY SEWER IMPROVEMENT DISTRICT SR-5365-C (center line sewer) AND ALLOCATING $50,000 TO COVER THE COST OF PRELIMINARY EXPENSES FROM THE SANITARY SEWER BOND FUND. 150 JUL 251974 • • (Here follows body Of resolution, omitted here and on file itt the City Clerk's office.) Upon being Seconded by Reverend Gibson the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-641 A RESOLUTION ORDERING GARDEN SANITARY SEWER IMPROVEMENT SR-5385-S (SIDE LINE SEWER) AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION Or THE COST THEREOF AS GARDEN SAN- ITARY SEWER IMPROVEMENT DISTRICT SR-5385-S (SIDE LINE SEWER). (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOBS: None. 43, ALLOCATE $18,000 FROM ACCOUNT ENTITLED- POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND FUND FOR INTERIOR DESIGN cPPVtCFS RV PANCt1ART ARCHTTFC_TS The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-642 A RESOLUTION ALLOCATING THE AMOUNT OF $18,000 FROM THE ACCOUNT ENTITLED "POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND FUND" TO COVER THE COST OF INTERIOR DESIGN SERVICES FOR THE NEW POLICE FACILITIES PERFORMED BY PANCOAST ARCHITECTS, ET AL. (Hare follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES _ .lions.; 44, DUPLICATE TAX SALE CERTIFLCATE - N. J. FINCKE The following resolution was introduced by Rev. Gibson, who moved its adoption: RESOLUTION NO. 74-643 A RESOLUTION AUTBDRIZING AND DIRECTING THE DIRECTOR OF FINANCE TO ISSUE A DUPLICATE 151 JUL251974 TAX SALE CERT/PXCATE TO N. JAY FINCKE UPON num Or BOND IN ACCORDANCE WITH THE LAW AGA#NET WI LOSS THAT MIGHT OCCUR St REASON Or THE REAPPEARANCE OP THE ORIGINAL CERTXPICATE. (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. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor ?erre. W ES: None. 45, APPLICATION FOR GAT _- BOAT HOIST - CURTIS PARK Mr. Plummer: I'll move it, Mr. Mayor, but Mr. Manager, let me say something to you. I have talked to a lot of boating people and they are not aware that we have an additional ramp at the Coast Guard Base. Now I think you ought to circulate that that is now open and ready for public use. What is the use of having something that's not being used? I think you ought to circulate it more. I'll move 34, Mr. Mayor. Mrs. Gordon: We've moved already, Mr. Plummer. The following resolution was introduced by Mrs. Gordon, who coved its adoption: RESOLUTION NO. 74-644 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE STATE OF FI.ORL A, DEPARTMENT OF NATURAL RESOURCES, FOR FUNbS FOR THE CONSTRUCTION OF A BOAT RAMP AND HOIST AT CURTIS PARK UNDER THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM. (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 end adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 46. ACCEPT COMPLETED WORK - ORANGE BOWL SPIRAL RAMP DECK RfilAttENT - PASSE ILL The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-645 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY SAM CLARK & ASSOCIATES, INC. FOR THE ORANGE BOWL -.0- SPIRAL RAMP 152 JUL 251974 DECK REPLACEMENT - PHASE III, AT A TOTAL COST OF $84,680.00; AND DIRECTING THE CITY MANAGER TO AUTHORIZE THE PROPER OFFICIALS TO MAKE A FINAL PAYMENT Or $8, 468.00 TO SAM CLARK & ASSOCIATES, INC. FOR ALL WORK PERFORMED AND ALL MATERIALS FURNISHED IN CONNECTION WITH SAME. (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: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Perre. NOES: None. 47, ESOiLUUTION DENYING CERTAIN CLAIMS AND INSTRUCTING CITY ATTORNEY Mr. Lloyd: This is a resolution denying a number of claims against the City and directing the City Attorney to defend the claims of suits that are brought against the City. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-646 A RESOLUTION DENYING CERTAIN CLAIMS AND DIRECTING TW CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR THE RECOVERY OP DAMAGER ARISIGM OUT OF SAID CLAIMS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 48, PROVIDE FOR SALE OF $6,500,000 POLICE HEADQUARTERS AND CRIME p yENTjQN FACIj.ITIES BONDS AND$S.00O.000 THEICITY OFWM AER MONDFLOF Mr. Andrews: Mr. Mayor, I must amplify my recommendation there. I'w recommending it but the Director of Finance and I wish that you will postpone this to a such later date and I want to explain an alternate method of providing funds for the Police Station building. It will only take a minute, and the reason why we want to postpone them at this time. The bond market is such that we're fearful that when we receive bids that the Commission will not ibis to award bids or will' not choose to award bids because of high interest rates that are resulting and have resulted over the past several months. Mr. Dailey feels that we will be in a much better position to examine the bond market this coming October -November and we will be receiving bids in the meantime and we have an alternate 153 JUL 251974 method of financing the Police Station Building on a borrow- ing bailie of funds. First we would utilize two Million dollars of Editing GOB Bonds that are available for the police Statie ion Mnilding; there's that much left. We would borrow two zillion dollars if we need to from unallocated fund* that we by have available and the balance of the funds from the Federal Wevenud Sharing Funds that will become available. This would all be on a borrowed basis until we do sell the bonds. Mayor Ferrel 8o there is no action needed on this? Mr. Andrews: Only that you concur in principle with what I'm recommending to you as far as the financing is concerned. Mayor Ferree I personally do, I think that is very smart. That is my personal opinion. Now you don't need to... Just defer the matter, withdraw 37... 49, ORDINANCE AUTHORIZING ISSUANCE OEE 425,000,00 ORANGE BOWL WAREHOUSE REVENUE BE�II� ,OgER 19 (�E jHE 411 II'' JJ�� 1H1'il �QH 1 DN An ordinance entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $225,000.00 ORANGE BOWL WAREHOUSE REVENUE BONDS, BONDS, SERIES 1974, OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST OF CONSTRUCTING AN ENLARGEMENT OF THE EXIST= ORANGE BOWL WAREHOUSE IN THE CITY; PROVIDING THAT THE PRINCIPAL OF AND THE INTEREST ON SUCH OONDS SHALL BE PAYABLE SOLELY FROM THE RENTALS UNDER LEASE BETWEEN THE CITY AND THE ORANGE BOWL COMMITTEE, A NON-PROFIT CORPORATION, AND THAT SUCH BONDS SHALT. NOT CONSTITUTE A DEBT OF THE CITY OR A PLEDGE OF ITS FAITH AND CREDIT; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS; AND DECLARING, BY A FOUR -FIFTHS (4/5) VOTE OF THE MEMBERS OF THE COMMISSION, THAT THIS ORDINANCE IS AN EMERGENCY MEASURE ON THE GROUND OF URGENT PUBLIC NEED FOR THE PRESERVATION OF PEACE, HEALTH, SAFETY OR PROPERTY. was introduced by Mr. Plummer and seconded by Reverend Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon, and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Mr. Plummer, seconded by Rev. Gibson, adopted said ordinance by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferro. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO 8295. The City Attorney announced that each Commissioner had been furnished with a copy of the ordinance and that copies are available to the public. 15.4 JUL 2 51974 • 50, CLAIM SETTLEMENT - KENNE`I S, COOPER The following resolution was introduced by Mr. PlUMmer, Who roved its adoption: RESOLUTION NO. 74-647 A RESOLUTION AUTHORIZING THE DIRECTOR OF FIMAMCE TO PAY TO KENNETH S. COOPER, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF SIGHT HUNDRED THIRTY POUR DOLLARS (S34.00) IN FULL AND COMPLETE SETTLEMENT OF HIS COMPLAINT FOR DECLARATORY RELIEF AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY FROM ALL •CLAIMS AND DEMANDS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mr. Reboao, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. WAIVE RENTAL FEE - BAYFRONT PARK AUDITORIUM- SEP 1 AND 2, 1974 51, MUSCULAR DYSTROPHY ASSOCIATIONS OF AMERICA INC. FOR PERFORMANCE pF J)FREy LEWTS LABOR DAY MUSCULAR DYSTROPHY TELETHON The following resolution w as introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-648 A RESOLUTION AUTHORIZING THE CITY MANAGEL TO INSTRUCT TEE PROPER OFFICIALS OF THE CITY OF MIAMI TO NAIVE RENTAL FEB FOR USE OF BAYFRONT PARK AUDITORIUM ON SUNDAY AND MONDAY, SEPTEMBER 1 AND 2, 1974 BY MUSCULAR DYSTROPHY ASSOCIATIONS OF AMERICA, INC. FOR THE PERFORMANCE OF THE JERRY LEWIS LABOR DAY MUSCULAR DYSTROPHY TELETHON, SUBJECT TO PAYMENT OF EVENT PERSONNEL, LIGHTS, INSURANCE AND OTHER DIRECT COSTS BORNE BY THE CITY. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: Mons. 155 JUL 2 51974 414 52, QUIT CLAIM DEED CITY 20 STREET PROPERTY WEST OF 12 AVENUE Flu CONSTRUCTION OF A SOLID WASTE TRANSFER STATION Mr. Plummer: I'd like to defer that, Mr. Mayor because I don't know how this thing correlates with that Brillion dollars I saw in the budget. Mr. Andrews: It does correlate with it... Mr. Plummer: That's why I don't know the two .... Mr. Andrews' Well the important area here to move ahead so Dade County knows they can go out on bid with some committment from the City that we will provide the land. Now by doing so that doesn't necessarily mean that we're just going to deed thew the land free. I'm going to go into negotiation with them and unless they get the land free from Coral Gables and the other sites free then we will Mr. Plummer: Paul, what I don't understand, why when we're maybe going to be giving them the property free, conceivably, is it going to cost us a million dollars? Mr. Andrews: It is not going to cost us a million dollars. What we will eventually save is a million dollars. That is why that was moved over to Federal Revenue Sharing because when we phased out the incinerator we can reduce the cost to the City by one million dollars and the balance of the money that remains in the Sanitation account which is about 3/4 of a million dollars will go towards fees to dump at that site. Mr. Plummer: All right, this still will leave you then the lattitude of negotiation of price and come back before this Commission? Mr. Andrews: Yes. Mr. Lloyds There is one thing I want to call the Commission's attention to, that you're directing the City Attorney to pre- pare a quit claim deed providing that we determine that the City may legally transfer such property with that proviso in there. Mr. Plummer: And subject to negotiation of the Manager on price. Mr. Lloyds That's in there. Mr. Andrews: You understand that there may be no price at all but it's subject to negotiation. Mr. Plummer: You'd better make a price... The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION ND. 74-649 A RESOLUTION EXPRESSING THE INTENT OF THE CITY COMMISSION OF THE CITY OF MIAMI TO CONVEY TO METROPOLITAN DADE COUNTY BY QUIT CLAIM DEED, LAUD AT THE 20TH STREET PROP- ERTIES WEST OF N.W. 11TH AVENUE OWNED BY THE CITY FOR THE CONSTRUCTION OF A SOLID WASTE TRANSFER STATION BY DADS COUNTY; SAID DEED 156 JUL 25 1974 TO CONTAIN A REVERTER CLAUSE: AND AUTHORIZING AND D REC?ING THE CITY ATTORNEY To DRAFT A QUIT CLAIM DEED CONVEYING SAID PROPERTY TO THE COUNTY AFTER HAVIMO DETERMINED THAT SUCH COVERTERS MAY LEGALLY BE MADE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. WOES: None. 53, ACCEPT COMPLETED WORK - LUMMUS PARK SHUFFLEBnARD COURTS AND RUREALION BU.LLDl , I11PRD,LEME&TS.-.197.3 - The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-650 A RESOLUTION ACCEPTING THE COMPLETED WORK PER- FORMED BY BISCAYNE CONSTRUCTION, INC. AT A TOTAL COST OF $62.682.85 AND AUTHDRIZING A FINAL PAYMENT OF $6,441.09 FOR LUMMUS PARK - SHUFFLE- BOARD COURTS AND RECREATION BUILDING IMPROVEMENTS - 1973. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. LAND OWNERS AND BUILDERS 54. APPOINT MEMBERS TO COMMITTEES c �$sfAeN INEESSIONAL PLANNERS I1SFRS OMM T F The following resolution was introduced by Mr. Pluaaer, who coved its adoption: RESOLUTION NO. 74-651 A RESOLUTION MAKING APPOINTMENTS TO THE DOWNTOWN MIAMI URBAN DEVELOPMENT PLAN COMMITTEES. (Here follows body'of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Vice -Mayor Reboso the resolution was passed and adopted by the following vote -AYES: Mr. Plummer Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 157 JUL 2 51974 • 55, AWARD BID - SOUTH PtNEMDUNT SANITARY SEWER IMPROVEMENT SR-5242-C AND SR-52 2-5 The following resolution was introduced by Mr. Plummer who roved its adoption: RESOLUTION NO. 74-652 A RESOLUTION AWARDING THE BID OP GOODWIN, INC.•, IN THE ESTIMATED AMOUNT OF $1,042,820 FOR SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SRC-5242 C -_ (centerline sewer) AND SR-5242 S (sideline sewer) IN SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT DISTRICT SR-5242 C (centerline sewer) AND SR-5242 S (sideline sewer); ALLOCATING THE AMOUNT OF $1,042,820 FROM THE ACCOUNT ENTITLED "SANITARY SEWER BOND FUND" TO COVER THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $82,282 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $17,856 TO COVER THE COST OF INCIDENTAL EXPENSE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 56. AWARD BID - 14-3 WHEELED UTILITY TRUCKS FOR DEPT. OF POLICE The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-653 A RESOLUTION ACCEPTING THE BID OF KENYON SALES DISTRIBUTORS FOR FURNISHING FOURTEEN (14) 3-WHEELED UTILITY TRUCKS FOR USE BY THE MIAMI POLICE DEPARTMENT • $1,985.00 PER UNIT FOR A TOTAL COST OF $27,790.00; AND AUTHORIZING THE CITY MANGER TO INSTRUCT THE PURCHASING DEPART- MENT TO ISSUE A PURCHASE ORDER FOR SAME; FUNDS BEING PROVIDED FROM FEDERAL REVENUE SHARING MONIES. (Sere follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 158 JUL 251974 r • 57, AWARD BID - OWNER -LANDLORD -TENANT LIABILITY INSURANCE FOR MJ ScFi LANEAUS LOCATION& THR(iUGHOUT THE CITY FOR YR,PERIOD The following resolution was introduced by Reverend Gibson who moved ite adotpion: RESOLUTION N0. 74-654 A RESOLUTION ACCEPTING THE BID OF UNITED STATES FIDELITY AND GUARANTY COMPANY THROUGH ITS ::,OCAL AGENT, COLEMAN-LEDBETTER- BUCHANAN, INC., FOR FURNISHING OWNER- LANDLOARD-TES LIABILITY INSURANCE FOR VARIOUS LOCATIONS THROUGHOUT THE CITY OF MIAMI FUR A THREE YEAR PERIOD BEGINNING AUGUST 1, 1974 AND EXPIRING JULY 31, 1977 AT A COST OF $25,500.00, PAYABLE ANNUALLY AT $8,500.00, AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS TO EXECUTE A CONTRACT WITH SAID FIRM, AFTER FIRST HAVING DETERMINED THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 58, AWARD BID - LEGION JARK COMMUNITY BUILDING ALTERATIONS Mr. Plummer: We just completely re -did that building. Now why are we spending another twenty thousand? What wasn't done? Mr. Andrews: This is the closing in of the balcony for the frail elderly program, that you approved. Mr. Plummer: You're closing in that balcony? Mr. Andrews: Yes, this is part of the frail elderly program. Mr. Plummer: I don't believe that! Mrs. Gordon: They're putting windows instead of those closed awnings. Mr. Andrews: Yes, you know those roll down doors that came down? Instead of those we're putting in windows and draperies and fix- ing up.... Mrs. Gordon: You still get the air by opening the windows. Mr. Plummer: Ok. The following resolution was introduced by Mrs. Gordon, who moved its adoption: 159 JUL 251974 RESOLUTION NO. 74,455 A RESOLUTION AWARDING THE BID OF BISCAYNE CONSTRUCTION, INC. IN THE TOTAL AMOUNT OF $19,222.00 FOR THE LEGION PARR - COMMUNITY BUILDING ALTERATIONS - 19741 AND AUTHORIZ- ING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 59. AWARD BID - NORTH 71 STREET DRAINAGE PROJECT Mr. Plummer: Isn't that the company that I have the bone of contention with? Isn't it DMP? No, aren't those the ones that did that job up there on 17th Avenue and Dixie Highway and botched it up? Did you straighten them out? Seeing as how the Department of Public Works has had a nice long chat with those people I'll go along. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-656 A RESOLUTION AWARDING THE BID OF DMP CORPOR- ATION IN THE TOTAL AMOUNF OF $104,882.00 FOR NORTH 71 STREET DRAINAGE PROJECT - 1974; AL- LOCATING THE AMOUNT OF $104,882.00 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $10,488.20 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $2,097.80 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTIDRIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in theCity Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. 60, AWARD BID - S. W. 22 STREET HIGHWAY IMPROVEMENT H-4369 2 PROJECTS 2 CONTRACTORS Mayor Ferro: Who is the low bidder? 160 JUL 251974 Mr. gritimt: The highw ty portion is to Marks Brothers Coiany, $130,529.25. The drainage portion ill for $124,525.00 to Stone Paving Company. Mr. Plummer: What was allocated in the project? Mr. Grim: 320. Mr. Pluaaer: So you can out considerably lower. Mr. Grimm: By splitting the bids we saved $12,000.... Mr. Plummer: Great, I'll move itt The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION N0. 74-657-A A RESOLUTION AWARDING THE BID OF MARKS BROS. COMPANY IN THE AMOUNT OF $130,529.25 FOR THE CONSTRUCTION OF S. W. 22 STREET HIGH- WAY IMPROVEMENT H-4369 IN S. W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT H-4369 FOR BID ITEM A OF PROPOSAL; ALLOCATING THE AMOUNT OF $130,529.25 FROM THE ACCOUNT ENTITLED "HIC►HWAY BOND FUND" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $4,052.93 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $1,610.82 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. The following resolution was introduced by Rev. Gibson, Who moved its adoption: RESOLUTION NO. 74-657-B A RESOLUTION AWARDING THE BID OF STONE PAVING CO. IN THE AMOUNT OF $124,525.00 FOR THE CON- STRUCTION OF S.W. 22 STREET HIGHWAY IMPROVEMENT H-N4369 IN S.W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT H-4369 FOR BID ITEM B OF PROPOSAL; AL- LOCATING THE AMOUNT OF $124,525.00 FROM THE ACCOUNT ENTITLED "STORM SEWER LAND FUND" TO COVER THE CONTRACT COST; ALLOCATING THE AMOUNT OF $12,452.50 FROM THE "STORM SEWER BOND FUND" TO COVER THE COST OF PROJECT EXPENSE; ALLOCAT- ING THE AMOUNT OF $2,490.50 FROM THE "STORM SEWER BOND FUND" TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, POSTAGE, AND 161 JUL 251974 411 AUD, AUTS3RIZXHG THE CITY MANAGER TO EXECUTEA CONTRACT WITH SAID riot. (Here follows body of resolution, omitted here and on file in the City Clerk's Offiee. ) Upon being seconded by Mrs. Gordon the resolution wwas passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and MayorFerre. NOES: None. 61., MEND ORDINANCE 8190 FOR ADDITIONAL APPROPRIATION FOR ORANGE BOWL FUND JAJ.ANCE TO ?ROYIDE FOR PURCHASE, 9R PLUMBING FIXTURES An ordinance entitled : AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 8190 ADOPTED SEPTEMBER 26,•1973 TO PROVIDE FOR THE ADDITIONAL APPROPRIATION OF $13,300 FROM THE ORANGE BOWL FUND BALANCE TO COVER THE PURCYASE OF PLUMBING FIXTURES FOR RESTROOM REMODELING AND ADDITIONS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. was introduced by Mr. Plummer and seconded by Reverend 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: Mrs. Gordon, Mr. Plum- mer, Mr. Reboso, Reverend Gibson and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Mr. Plummer, seconded by Rev. Gibson, adopted said ordinance by the following vote - AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferro. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8296. The Mayor announced that each Commissioner had been furnished with a copy of the ordinance and that copies are available to the public. ORANGE BOWL STADIUM PURCHASE OF PLUMBING FIXTURES 62, AWARD BID _ FOR RFSTROOM REMODELING AND ADDITIONS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-658 A RESOLUTION ACCEPTING THE BID RECEIVED JULY 8, 1974 OF BOND PLUMBING CO. FOR ORANGE BOWL STADIUM PURCHASES OF PLUMBING FIXTURES FOR RESTROOM REMODELING AND ADDI- TIONS AT AN ESTIMATED COST OF $11,875.87; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE 162 JUL 251974 ORDER FOR SAME, FUNDS HAVING BEEN APPROPRIATED FOR MS PURPOSE BY ORDINANCE NO. 8296 ADOPTED DULY 25, 1974. H re foliowa body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Reverend Gibson the resolution eras passed and adopted by the following vote -AYES: Mr. Reboso, Aev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. HOES: None. 63, BkigTO AGREEMENT FOR ORANGE BOWL STADIUM CROWD CONTROL The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-659 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ANDY FRAIN SERVICE FOR THE FURNISHING OF CROWD CONTROL SERVICE AT THE ORANGE BOWL STADIUM. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 64, APPOINT MEMBERS TO CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION The following resolution was iutroduced by Mr. Plummer, who moved its adoption: RESOLUTION M. 74-660 A RESOLUTION APPOINTING SIX (6) ADDITIONAL MEMBERS TO THE LIST OF MEMBERS OF THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTI- FICATION. (here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 163 JUL 251974 66, ; URPhUS. EQUIPMENT .FOR. SANTO DOMINGO Mayor Peres Mr. Arteaga of The Banc of Miami and chief, you're hare, are you willing to give this or is this going to conflict with these other people, or where do we stand on this? Mr. Arteaga and soMebody frog the Mayor's Office in Santo Domingo went to visit you and they saw a piece of equipment which I think is an old fire station that they wanted to purchase. I think it was. Mr. P1ummera That's correct. Mayor Ferret So where do we stand on all of this now? Mr. Plummer: It will be after the first of the year. (INAUDIBLE) Mayor Ferre: Well what do you reoommend then? Donate it to the City of Santo Domingo. You're going to have to identify it to the Clerk because we don't know what it is. Chief, you're going to have to identify it because we don't know what it is. Mr. Plummer: It is a piece of equipment worth something under a million dollars. The The following Motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-661 A MOTION AUTHDRIZING AND DIRECTING THE CITY MANAGER TO CONDUCT AN INVENTORY OF THE CITY OF MIAMI'S EQUIPMENT AND TO TRANSFER ALL SURPLUS AND OBSOLETE EQUIPMENT AND SUPPLIES TO THE CITY OF BOGOTA, COLUMBIA, MIAMI'S SISTER CITY, WITH THE EXCEPTION THAT CERTAIN FIRE FIGHTING EQUIP- MENT BE TRANSFERRED TO THE CITY OF SANTO DOMINGO. Upon being seconded by Mr. Reboso the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibion, Mrs. Gordon and Mayor Ferre. NOES: None. NOTE: See Resolution No. 74-685 passed and adopted later in the meeting. 164 1974 IIP 66, PROFESSIONAL ASSISTANCE ON PENSION ISSUES Mr, Plummer, As a committee member of the committee which you delegated to look into the pension - In one of our meetings, it was thought that it would be best to allocate a sutne of no more than $3,500 to the Company of Hansen from Chicago to assist not only Mr. Joel Lanken but also the employees when it comes down to the technical nitty-gritty answers of the pension. This is professional help who will assist both sides not to exceed $3,500 and I recommend it Mr. Mayor. Mr. Reboso: Second. Mayor Ferre: The Manager recommends? Mr. Andrews: Yes Sir. The following resolut:Lon was introduced by Mr. Plummer who moved its adoption: MOTION NO.74-662 A MOTION ALLOCATING AN AMOUNT NOT TO EXCEED $3,500.00 TO EMPLOY THE FIRM OF HANSEN AND COMPANY FOR PROFESSIONAL ASSISTANCE ON CITY OF MIAMI PENSION MATTERS Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 67, COCONUT GROVE MARINA INC. PROPERTY STATUS Mayor Ferre: The City Manager's report on Coconut Grove Marina property status. Mr. A. Crouch, Asst. City Manager: This is the property that we acquired back in December through court action. There is two people involved in it, the original owner and Underwood Marine. The Court gave Coconut Grove Marina Inc. until the end of this month to vacate the property and they are prepared to do so. Underwood Marine was given a term to last until January 30 of next year before they have to vacate by the court order. We have been gearing up to take over the operation of the approximately 29 of the Mips that are involved in the Coconut Grove Marina Inc. property. The revenues that we would receive would be a little in excess of $1,000 and we have now been approached by underwood who has offered to rent the property from us, give us the full money we would have in there and cover all costs if we would let them take and have the whole operation until they have to vacate under the court order at the end of the year. We are saying, give us the authority to negotiate with them if we should find that it is a better deal for us to work out with them and still not have any obligation to them, let us enter into an agreement with them for the continued operation. Mr. Plummer: No way. No way will I stand still for that Andy. I want it to go out as we did on every other thing - out on bids. I think that's only proper. I don't want this Commission placed in a posture of being accused of favoring one over the other. 165 •JUL 251974 Mr. Crouch: Our alternative would be for the City to operate that portion - Mayor ferret Mr. Plummer: then let the Mr. Crouch: and it would Mayor Ferre: period? Mr. Crouch: Mr. Plummer: that. No the alternative is to put it out for bids. Want to put it out for bids, fine. If you don't, City operate it. There is only 6 months involved in the entire thing take us 3 months- Wait a minute, what you are saying is for a 6 month Yes. Oh well wait a minute, I'm sorry, I didn't understand Mr. Andrews: The Court divided•up the taking of this property and into 2 parts. One of the tenants there - Mayor Ferre: Paul, save your breath. Is there a motion? Mr. Plummer: Okay I will move it. We misunderstood. Rev. Gibson: Second. Mayor Ferre: For a 6 month period to Underwood Marine to negotiate an interim lease arrangement. Mr. Crouch: If it doesn't work out, the City will take operation. The following motion was introduced by Mr. Plummer its adoption: MOTION NO. 74-663 over the who moved A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE A SIX-MONTH LEASE WITH UNDERWOOD MARINE FOR CITY OWNED PROPERTY IN THE DINNER KEY AREA Upon being seconded by Reverend Gibson, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboeo, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Plummer: Mr. Mayor, I would here like to interject and I want the Manager to furnish this Commission with a report within the next 30 days outlining the status of the Dinner Key Marina Improvement project and why we haven't started some definitive action in this area. I am getting hell all over town Paul. When are we going to do something? People just ain't buying my story anymore that we are being help up by the I.I.Board. If that is the case. Mayor Ferre: I want to tell you something that is a lot worse. Now for the first time and I have been'Mayor since November and we are now in July. That is 8 months - first time. I have heard a negative for you and me. About 2 or 3 people told me down in the establishment at the Miami Club. You don't have Mel Reese to blame anymore for lack of progress in selling the bonds - what's wrong with all these supposed projects of the City of Miami? Mel Reese has been gone for over a year now. 166 JUL 251974 Mr. Andrews: If we were able to cross this problem that we are having with Merrill Stevens. I am not offering that as at excuse but we would be much further along. Nrgi will supply you with a report. M . Plummer: Paul, you know, people want to see pile drivers. They want to see stuff moving. Mr. Andrews: We don't have any money. Mr. Plummer: What happened to tl the 4 million dollars in the 64 bond issue? Mr. Andrews: There is no money and we will lay it all out and show you where all the money was spent. Mr. Plummer: Lay it out Paul because I think these are things that people got to know. 68. PURCHASE OF IMPROVED DECORATIONS FOR DOWNTOWN MIAMI DURING TIE 0HW$ MAaJIOLIDAK SEASON ACID A QCAT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION 74-664 A RESOLUTION AUTHORIZING THE PURCHASE OF PERMANENT IMPROVED DECORATIONS FOR DOWN- TOWN MIAMI DURING THE CHRISTMAS HOLIDAY SEASON; FURTHER ALLOCATING THE SUM OF $10,000 FROM THE PUBLICITY AND TOURISM BUDGET WHICH IS TO BE EXPENDED DURING THE NEXT TWO YEARS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None WAIVE RENTAL FEE - MARINE STADIUM JULY 23, 1974 FOR CONCERT 69, BY MIAMI CHAMBER OF COMMERCE ETC AIITWnP1JF M NAGFR TO WALyE FOB REMAINDER OF SERIES ETC. Mayor Ferre: Paul, are these series of concerts non-profit? Mr. Andrews: That's right. Mr. Plummer; Paul, what bother me. I understand where the money is going and I was at the concert and it was a fantastic concert. This is a joint sponsorship between the Herald and the City of Miami and Metro? You know, the article was written up in yesterdays paper about the concert, and there wasn't the first word said about the City of Miami's involvement and now they are coming knocking at our door asking us to waive the fees. 167 JUL 25197 s Mayor Ferre: Much worse than that. The Miami Herald advertised it and not anywhere in the advertising was there any mention of the city's participation. Mr. Plummer: Well ghat are we jointly doing, waiving the rental? Just for the hell of it, I want a breakdown on the profit and loss of the last one. Let's see what the City is doing for this community. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-665 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER ON JULY 23, 1974 IN WAIVING THE RENTAL FEE FOR USE OF THE MARINE STADIUM BY THE MIAMI CHAMBER OF COMMERCE AND THE MIAMI HERALD FOR A CONCERT THE PROFITS FROM WHICH WERE USED AS A DONATION TO A CHARITABLE CAUSE AND , IN RECOGNITION OF THESE CONCERTS BEING IN SUPPORT OF CULTURAL ACTIVITIES NECESSARY TO PROMOTE THE GENERAL WELFARE OF THE COMMUNITY; AUTHOR- IZING THE CITY MANAGER TO WAIVE THE RENTAL FEE FOR THE REMAINDER OF THE SERIES OF CONCERTS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 70, ACCEPT COVENANT - AMERICAN BANKERS LIFE ASSURANCE COMPANY The following resolution was introduced by mrs. GOrdon who moved its adoption: RESOLUTION 74-666 A RESOLUTION ACCEPTING THE JULY 23, 1974 COVENANT TO RUN WITH THE LAND FROM THE AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA, RELATING TO THE INSTALLATION OF AN ELECTRICAL CONDUIT SYSTEM ACCROSS THE PUBLIC RIGHT OF WAY, A COPY OF SAID COVENANT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DIRECTING THE PROPERTY MANAGER OF THE CITY OF MIAMI TO RECORD SAID COVENANT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (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: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 168 ',DUI 251974 f 3 71, CHANGE DATE QPEARiNG ON APPLICATION FOR4IPCERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TOE�E�1Mb�A1�IROS TO Mr. Plummer: We were under a lawsuit. Mr. Andrews: No, not that I am aware of. Mr. Plummer: Yes Sir. We got served with papers. Mr. Lloyd on Item "R" - Mr. Andrews: Yes but you will remember that Mr. Lloyd advised you that by holding this public hearing which you already committed yourselves to, that it sets that aside. Mr. Plummer: But now you are changing it. Mr. Andrews: The only reason to change it, changing the date, is that you are going to have all the taxicabs industry coming down one week and the following week or two weeks, we have the semi=annual taxicab hearings = You might as well hold one hearing and get everything out of the way rather than to bring the people down twice. Mr. Plummer: All right, so this doesn't interfere with the lawsuit? Mr. Andrews: No Sir. Mr. Plummer: I'll move it. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-667 A RESOLUTION FIXING SEPTEMBER 26, 1974 AS THE DATE FOR A PUBLIC HEARING ON APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO MIAMI MINI- ALIADOS FOR OPERATION OF A MINI -BUS SYSTEM IN THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Officer Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 728 ALLOCATE $18,500- coue-- aosTs c ©4: d111/ )i G R ove AlAVIAv4.7 72/(tn i 'E { r/ E's, Mr. Lloyd: This requires an explanation. This was ordered by the Courts in the Coconut Grove Marina condemnation case. This includes $16,000 for appraisals which is standard and I want to tell the City Commission that they claim additional costs of $12,270. After we took over the case, in house, in our office, we spent $500.00 to depose all of the people who were connected with this and as a result of taking those depositions, we have reduced that element of costs from $12,270. to $2,500, making a total of $18,500 which the Court ordered. The following resolution was introduced by Mr. Plummer who moved its adoption: 169 JUL 251974 RESOLUTION NO.74-668 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ALLOCATE THE SUM OF $18,500 PROM THE 1972 PARK AND RECREATIONAL FACILITIES BOND FUNDS FOR COSTS AS ORDERED BY THE COURT IN THE CITY OF MIAMI VS. COCONO'L GROVE MARINE PROPERTIES INC., CIVIL ACTION NO. 73-..5433 AND TO PAY SAID SUMS TO JOHN WATSON III, ESQGYRE, ATTORNEY FOR COCONUT GROVE MARINE PROPERTIES INC. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor. Ferre. NOES: None 73, ALLOCATE $25,750 FROM 1972 PARK AND RECREATIONAL FACILITIES BOND FUNDS TO PAY MOVING EXPENSES OF COCONUT GROVE MARINE PROPERTIES INC. - - CIVIL ACTION CASE Mr. Lloyd: This is another resolution involving Coconut Grove, the Court ordered us to pay the moving costs. These moving costs are the exact figures which we represented to the Court, were the moving I costs. 4 1 Mr. Plummer: That's great, I move it. Is that the last of it? The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-669 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI, FLORIDA TO ALLOCATE $25,750.00 FROM THE 1972 PARK AND RECREATIONAL FAC- ILITIES BOND FUNDS AND AS ORDERED BY THE COURT, TO PAY SAID SUMS AS MOVING EXPENSES TO COCONUT GROVE MARINE PROPERTIES, INC. FOR THE CASE OF THE CITY OF MIAMI VS. COCONUT' GROVE MARINE PROPERTIES, INC., CIVIL ACTION NO. 73-15433 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: NOne. 170 JUL 251974 i 74. EMPLOY DR, ERNEST BARTLEY FOR PROPOSED CHANGES OF THE COMPREHENSIVE zwittig,mptilANCE.140T .i0 EXCEED TEN_.WORKING _DAYS ., Mr. Plummer: $300,00 a day isn't too much? ►ir. Acton: I am surprised he hasn't raised it. Mayor Ferre: The Manager recommends? Mr. Andrews: Yes Sir. Mr. Plummer: This is' the re -study which we the Commission - Mayor Ferre: I am not going to spend $3,000 on something that we just finished studying. • Mr. Plummer: No no, Maurice, this Commission at the completion of tie implementation said, that at the end of a years time, it should be reviewed for any further deletions, additions, corrections. That's what this is, following the motion of this Commission. Mr. Acton: Up to 10 full days.. That is the maximum amount of money. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-670 A RESOLUTION TO EMPLOY DR. ERNEST BARTLEY TO PREPARE PROPOSED CHANGES TO THE COMPREHENSIVE ZONING ORDINANCE AFFECTING THE CITY OF MIAMI'S PLANNING AND ZONING PROCEDURES; SAID EMPLOYMENT NOT TO EXCEED TEN (10) WORKING DAYS AND THE AMOUNT OF MONEY TO BE PAID NOT TO EXCEED $;3,000 SAID FUNDS TO BE DISBURSED FROM FEDERAL REVENUE SHARING FUNDS ALLOCATED FOR THE COMPREHENSIVE PLAN (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: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 171 JUL 251974 1 75, AUTHORIZE CONTRACT WITH FLORIDA INTERNATIONAL UNIVERSITY MFCHANtCS AF MANAGEMENT_ PROGRAM FOR SEVENTY FIVE f OLICE PERSONNEL The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-671 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FLORIDA INTERNATIONAL UNIVERSITY TO PROVIDE A MECHANICS OF MANAGEMENT PROGRAM FOR SEVENTY-FIVE (75) SELECT POLICE PERSONNEL FROM THE MIAMI POLICE DEPARTMENT AT A TOTAL COST OF $24,150 TO BE FUNDED BY AVAILABLE REVENUE SHARING FUNDS, FURTHER PROVIDING THAT A PAYMENT OF $8,800 BE MADE TO FLORIDA INTERNATIONAL UNIVERSITY UPON SIGNING OF CONTRACT (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gorden, Reverend Gibson and Mayor Ferre. NOES: None 76. AMEND SCOPE OF SERVICES - BOOZ, ALLEN AND HAMILTON CITY ONAGFMFNT ANALYSTS The following resolution was introduced by M. Plummer who moved its adoption: RESOLUTION NO. 74-672 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO AMEND THE SCOPE OF SERVICES OF THE AGREE- MENT ENTERED INTO WITH THE.FIRM OF BOOZ,ALLEN & HAMILTON AS AUTHORIZED BY RESOLUTION NO. 73-892 TO INCORPORATE AN EXPANSION OF THE SCOPE OF SERVICES FOR THE TASK OF TRAINING AND MANAGING A GROUP OF CITY MANAGEMENT ANAL- YSTS AND TO IMPLEMENT AN EXISTING MANAGEMENT SYSTEMS IMPROVEMENT PROGRAM, AND FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT IN THE AMOUNT OF $24,600 TO IMPLEMENT THE AMENDED SCOPE OF SERVICES, UTILIZING THE FUNDS WHICH WERE PREVIOUSLY PROVIDED BY ORDINANCE NO. 8217 (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. 172 JUL 25 1q74 411 CONFIRM ACTION OR CITY MANAGER IN ENTERING INTO AGREEMENT BY AND ff. BETWEEN MANPOWER PLANNING COUNCIL FOR DADE AND MONROE COUNTIES M A RE R &TJON. sUPPOJ T PROGRAM The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-673 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN ENTERING INTO AN AGREEMENT BY AND BETWEEN THE MANPOWER PLANNING COUNCIL FOR DADE AND MONROE COUNTIES, AND THE CITY OF MIAMI PURSUANT TO CITY RESOLUTION NO. 74-605 TO IMPLEMENT A MIAMI RECREATION SUPPORT PROGRAM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 78, The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-674 A RESOLUTION AWARDING THE BIDS OF EDWARD DON AND COMPANY FOR FURNISHING KITCHEN EQUIPMENT FOR THREE (3) DAY CARE CENTERS FOR THE PARKS AND RECREATION DEPARTMENT AT A COST OF $11,136.00 AND CALMAQUIP ENGINEERING CORPORATION AT A COST OF $5,415.00, TOTAL COST AMOUNTING TO $16,551.00; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR SAME, FUNDS HAVING BEEN PROVIDED BY FEDERAL REVENUE SHARING (Here follows body of resolution, %omitted here and on file in the City Clerk's Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 173 JUL 251974 410 79. ItiA.RIU1111111SILEPNENT . DAY CARE CENTERS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO.. 74-675 A RESOLUTION GIVING AUTHORITY TO THE CITY MANAGER TO AWARD THE BID FOR THE DAY CARE CENTER PLAYGROUND EQUIPMENT AND INSTALLATION DURING THE ABSENCE OF THE CITY COMMISSION IN AUGUST AND THAT THE CITY COMMISSION RATIFY THIS ACTION AT THE FIRST APPROP- RIATE COMMISSION MEETING FOLLOWING THEIR RETURN (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 80, AWARD BID - BINDERS FOR POLICE _EXPANSION PROGRAM The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-676 A RESOLUTION ACCEPTING THE BIDS OF DELRAN BINDERY & SPECIALTY CO., FOR FURNISHING BINDERS AT 14 COST OF $1.500.00; AND STANDARD PRINTING FOR PRINTING OPERATIONAL ORDERS AT A COST OF $4,225.00; TOTALLING $5,725.00 AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS FOR SAME, FUNDS HAVING BEEN PROVIDED IN THE FEDERAL REVENUE SHARING - POLICE EXPANSION PROGRAM (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 174 JUL 251974 • $1" fOR RCD ONECneDARNtRECORDING TAPE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLU`rION NO. 74-677 A RESOLUTION AWARDING THE BID OF DICTAPHONE CORP. IN THE AMOUNT OF $35,781.12 FOR ONE (1) MODEL 4402 LOG RECORDER AND ONE HUNDRED (100) ROLLS OF RECORDING TAPE TO REPLACE THE EXISTING RECORDING EQUIPMENT IN THE COMMUNICATIONS DEPARTMENT AT 65 S. W. 1ST STREET: AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS TO EXECUTE A CONTRACT FOR SAME, FUND- ING TO BE SET UP IN THE RENTAL CODE AS A LEASE/PURCHASE FROM BUDGETED FUNDS, WITH THE PROVISION THAT IF FEDERAL FUNDS BECOME AVAILABLE WITHIN THE YEAR THE EQUIPMENT WILL BE PAID OFF WITH NO PENALTY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 82, AWARD BID - 150' ELEVATING PLATFORM FOR FIRE _?EPARTMENT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-678 A RESOLUTION AWARDING THE BID OF CALAVAR CORPORATION FOR FURNISHING A 150' ELEVATING PLATFORM WITH OPTION- AL EQUIPMENT SELECTED FOR USE BY THE MIAMI FIRE DEPAR- TMENT FOR THE TOTAL AMOUNT OF $244,318.37; AND WITH THE QUALIFICATIONS THAT COMPARTMENTIZATION AND LATTER COMPARTMENTS WILL BE SUBJECT TO APPROVAL OF THE CITY OF MIAMI AS INDICATED IN FIRE DEPARTMENT SPECIFICATIONS AND IN THEIR LETTER OF AGREEMENT DATED JULY 15, 1974; AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR SAME, FUNDS HAVING BEEN PROVIDED UNDER FEDERAL REVENUE SHARING (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. Noes: None 175 JUL 251974 • • 831 AWARD BID - TELEPHONE HEADSETS & RADIO SCRAMBLING SYSTEM cOMMOIGATIONS NON= 7. _ The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-679 A RESOLUTION ACCEPTING THE BIDS RECEIVED ON JULY 16, 1974, and AUTHORIZING THE ISSUANCE OF PURCHASE ORDERS TO: GRAYBAR ELECTRIC COMPANY, INC. FOR FURNISHING TELEPHONE HEADSETS AT A COST OF $2,235; MOTOROLA CO MOTOROLA COMMUNICATION AND ELECTRONICS, INC. FOR FURNISHING A COMMUNICATION SERVICE ;,i0NITOR AT A COST OF $3,950; AND TECHNICAL COMMUNICATIONS CORP. FOR FURNISHING A RADIO SCRAMBLING SYSTEM AT A COST OF $20,250 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 84, AWARD BID - KENNEDY PARK COMFORT STATION - 1974 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-680 A RESOLUTION AWARDING THE BID OF AD=A=LITE ELECTRIC INC., IN THE AMOUNT OF $50,636.00 FOR THE CONSTRUCTION OF KENNEDY PARK - COMFORT STATION 1974; ALLOCATING THE AMOUNT OF $50,636.00 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND -UNALLOCATED FUNDS" TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $5,063.00 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM $1,012.00 TO COVER THE COST OF ADVERTISING, TESTING LABORATORIES AND POSTAGE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded byReverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 176 JUL 251974 410 8S , AWARD_BLII_ . ONE ...MOBILE . COMMUNICATIONS .VEHICLE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-681 A RESOLUTION ACCEPTING THE BID OF GERSTENSLAGER COMPANY, RECEIVED MAY 16, 1974, FOR FURNISHING ONE MOBILE COMMUNICATIONS VEHICLE AT A TOTAL COST OF $58,449 FOR THE COMMUNICATIONS DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DIVISION TO ISSUE A PURCHASE ORDER THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerk's Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Reboso, Mrs. Gordon, Mayor Ferre. NOES: None RESOLUTION PROVIDING NO BUILDING PERMITS FOR NEW CONSTRUCTION $6. AREASENCOMPASSEDTBYHTHE COCONUTLGROVEHPLANNINY GGSTUDYION MAKINGTHE MT NK PI . _. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-682 A RESOLUTION PROVIDING THAT IN THE AREA ENCOMPASSED BY THE PLANNING STUDY FOR COCONUT GROVE, NO BUILDING PERMITS FOR NEW CONSTRUCTION SHALL BE ISSUED WITHOUT PRIOR APPROVAL OF THE CITY COMMISSION EXCEPT FOR THOSE AREAS IN THE R-1 AND R-2 ZONING DISTRICTS FOR WHICH NO CHANGES HAVE BEEN DESIGNATED IN SAID STUDY; SAID PROVISIONS SHALL BE IN EFFECT UNTIL THE EFFECTIVE DATE OF ZONING ORDINANCES ENACTED IN ACCORDANCE WITH THE COCONUT GROVE AREA STUDY AS FINALLY ADOPTED BY THE CITY COMMISSION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 177 JUL 251974 87. URGE OFF STREET PARKING BOARD To STUDY PARKING PROBLEMS IN THE AREA •KNOWN AS DECORATORS ROW AND TO RECOMMEND TO THE COMMISSION The following resolution was introduced by Mrs. Gordon who moiTed its adoption: RESOLUTION NO. 74-683 A RESOLUTION OF THE COMMISSION URGING THE OFF- STREET PACKING BOARD OF THE CITY OF MIAMI TO STUDY THE PARKI G PROBLEMS IN THE AREA COMMON- LY KNOWN AS "DECORATOR ROW" AND TO COME BEFORE THE COMMISSION WITH THEIR RECOMMENDATIONS WITHIN NINETY (90) DAYS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer,the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 88, EXPRESSING CONDOLENCES AND SYMPATHY TO THE FAMILY OF THE LATE JOHN B. Q jR, ( YOR OF DADE COUNTY The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-684 A RESOLUTION EXPRESSING CONDOLENCES AND DEEPEST SYMPATHY OF THE MAYOR AND COMMISSIONERS OF THE CITY OF MIAMI AND THE CITIZENS OF GREATER MIAMI TO THE FAMILY OF THE LATE JOHN B. ORR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayo-r Ferre. NOES: None 178 JUL 251974 • 89, AUTHORIZE CITY MANAGER TO INVENTORY SURPLUS EQUIPMENT (OBSOLETE) TO TRANSFER TO CLTY OF.ROGATA coLumalA AND CITY OF SANTO DOMINGO The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-685 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO CONDUCT AN INVENTORY OF THE CITY OF MIAMI'S OBSOLETE EQUIPMENT AND TO TRANSFER ALL SURPLUS AND OBSOLETE EQUIPMENT AND SUPPLIES TO THE CITY OF BOGATA, COLUMBIA AND SUPPLIES TO THE CITY OF SANTO SOMINGO WITH THE EXCEPTION THAT CERTAIN FIRE FIGHTING EQUIPMENT BE TRANS- FERRED TO THE CITY OF SANTO DOMINGO (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 90, AUTHORIZE EXPENDITURE OF $1,100 FOR ATTENDANCE OF TWO MEMBERS OF BOXING BOARD TO ATTEND WORLD BOXING ASSOCLATIQN CONVENTION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-686 A RESOLUTION AUTHORIZING THE EXPENDITURE FROM THE CONTINGENT FUND OF $1,100 FOR ATTENDANCE OF TWO MEMBERS OF THE MIAMI BOXING BOARD AT THE WORLD BOXING ASSOCIATION CONVENTION TO BE HELD IN PANAMA CITY, AUGUST 12 THROUGH 16, 1974; $1,000 FOR TRAVEL EXPENSES, $50 FOR ASSOCIATION DUES AND $50 FOR SUBSCRIPTIONS TO VARIOUS BOXING MAGAZINES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 1'7(1 till 0 r, Inv A 4 91, APPOINT J,L, PLUR AS CITY REPRESENTATIVE TO THE PEOPLE, .TO__PEOPLE ._.SISTER, CITY, PROGRAM. The following resolution was introduced by Mr. Reboso, who moved its adoption: RESOLUTION NO. 74-687 A RESOLUTION APPOINTING COMMISSIONER J.L. PLUMMER JR., AS THE CITY OF MIAMI REPRESENTATIVE TO THE PEOPLE TO PEOPLE SISTER CITY PROGRAM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 92, EXPRESSING GRATITUDE TO MEMBERS OF THE PEOPLE COMMITTEE The following resolution was introduced by Mr. who moved its adoption: RESOLUTION NO. 74-688 TO PEOPLE P lumme r A RESOLUTION EXPRESSING APPRECIATION AND GRATITUDE TO THE PRESIDENT, JOHN CORRIGAN, AND ALL MEMBERS OF THE PEOPLE TO PEOPLE COMMITTEE FOR THEIR EXCELLENT WORK (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 180 JUL 251974 • 93, REQUESTING CITY MANAGER TO INFORM PUBLIC THE SUBSTANCE OF THE PROPOSE CHARTER A NTT MLDNHACd T DOm The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION MO. 74-689 A RESOLUTION REQUESTING THE CITY MANAGER TO TAKE THE NECESSARY STEPS TO INFORMIRE PUBLIC OF THE SUBSTANCE OF THE VARIOUS CHARTER AMENDMENTS PROPOSED TO BE SUB- MITTED TO THE ELECTORATE IN NOVEMBER INCLUDING THE COST 'OF IMPLEMENTING EACH ONE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 94, ADVERTISE FOR BIDS PROPOSED DOWNTOWN POLICE HEADQUARTERS BUILDING The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-690 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ADVERTISE FOR BIDS ON AUGUST 19, 1974, FOR THE PROPOSED DOWNTOWN POLICE HEADQUARTERS BUILDING; SAID BIDS TO BE RECEIVED SEPTEMBER 20, 1974, AND TO FURNISH THE COMMISSION WITH A SET OF THE PLANS, SPECIFICATIONS, AND BIDDING DOCUMENTS FOR ITS INSPECTION AS SOON AS THEY ARE AVAILABLE AND TO PLACE THE MATTER ON THE AGENDA FOR THE SEPTEMBER 12 MEETING OF THE COMMISSION FOR ANY CHANGES WHICH THE COMMISSION MIGHT DESIRE TO MAKE PRIOR TO RECEIVING THE BIDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed by the following vote - AYES: Messrs. Reboso, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: Mr. Plummer. 181 JUL 2 51974 95, ALLOCATE $77, O AND PAY To JOHN WATSON III, ATTORNEY FOR COCONUT GROVE MARINE PROPERTIES, INC Mr. Lloyd: One final one which I'm just presenting at this time with regard to the Coconut Grove Marine Properties. It requires one brief explanation. The trial court, when we were represented by our special council awarded council for the Coconut Grove Marine Properties, Inc., the sum of $87,500 as attorney's fees. We took over the case, we appealed, we have filed briefs in the case, council has now agreed after we filed the briefs to accept the sum of $77,500. Mr. Plummer: Do you recommend it? Mr. Lloyd: Yes, I do. Mr. Plummer: I'll move it. The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 74-691 A RESOLUTION OF THE COMMISSION OF THE CITY OF MIAMI AUTHORIZING AND DIRECT- ING THE PROPER OFFICIALS TO ALLOCATE $77,500 FROM THE 1972 PARK AND RBCREA- TIONAL FACILITIES BOND FUNDS, AND TO PAY SAID SUM TO JOHN WATSON, III, ESQUIRE, ATTORNEY FOR COCONUT GROVE MARINE PROPERTIES, INC., CIVIL ACTION NUMBER 73-15433; AND FURTHER DIRECTING THE CITY ATTORNEY TO DISMISS THEAAPPEAL IN SAID CASE UPON THE EXECUTION OF SATISFACTORY LEGAL INSTRUMENTS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Reboso the resolution was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon 'and Mayor Ferre. NOES: None. 96, LATIN COMMUNITY STUDY - BRIEF DISCUSSION AND DEFERRAL Mr. Acton: Mr. Mayor, Mr. Ed King of Dade County ... has been sitting here all day long waiting for the Commission to take up item #12. He's been sitting here to answer any quest- ions you might have pertaining to; and very simply what it does is it establishes a one way street system in that port- ion of the City of Miami that lies between Flagler, S.W. 8th and that area. This comes to you, Mr. Mayor, with the reco- mmendation of the Planning Department and Planning Advisory Board. There are no objectors to it. Ctrs. Gordon: I attended the public hearing where this was heard and I have pretty good hand knowledge of it. I'll move it. Mr. Plummer: Now wait a minute Rose, you know we got into one 182 JUL 251974 hell of a whinging with S.W. 7th Street and 8th Street, George, are you recommending that this Comaiasion pass this without a public hearing before this body? Mr. Actoii: This is a public hearing. Mr. Plummer: Is it so listed in the book? Mr. Acton: Yes, sir. It is item number 12. Mr. Andrews: And the Mayor announced about 5 times, or 4 times at least "Is there anybody here on 11, 12, 13, 14" when the hour came up. Mr. Plummer: That isn't what I'm getting at. I don't want a thousand people, you know we said the same thing on 7th Street and man Mrs. Gordon: Nobody spoke in objection at that public hear- ing, I was there. Mr. Acton: At the other place... Commissioner Plummer, the public hearing was held at Ada Merritt Mr. Plummer: I'm saying it was never constituted before this body. It is in the record, J.L. cautioned you. You recommend that it is not necessary, I'll go along with you. Mrs. Gordon: This is a public hearing. Mr. Plummer: Has it been advertised? Mr. Andrews: Yes. Mr. Plummer: Tell me basically, George, what 12 does. Mr. Acton: I'm going to show a map to you, Commissioner Plummer that will show you what ... It will show you the pat- tern. What we've attempted to do is alleviate the parking situation problem by establishing a one way street system. It was worked on by both the Dade County Department of Transport- ation and also the Planning Department. Very simply, what it does is it establishes a pattern between Flagler and S.W. 8th Street. Mr. Plummer: George, I'm reading here in item 12, if you and I have the same agenda that this refers this back for further study on item 11, to be modified to eliminate the phrase "along S.W. 8th Street". And item 14 to be modified to delete part 1 and transfer part 2 for immediate action. Mr. Acton: What they're doing is eliminating certain parts of the 19 recommendations that were made. Mr. Plummer: George, I'm looking right here.. on the agenda to refer it back. Mr. Acton: ... 1Ihat I'm showing you, Commissioner Plummer; there are 19 recommendations that were passed by the Planning Advisory Board. Now the PA8 recommendations that change, the Planning Department recommendations are contained or are outlined in red. There's nothing about referring .... Mr. Plummer: Item 06. Mrs. Gordon: Paul, if you're speaking for us to hear you, we can't hear you - I can't hear you. 183 JUL 251974 . Mr, Andrews: WhIPI'• thinking is the hour is so late and evidently there are questions that the Commission would like to raise. I'm afraid r►ou're going to try to rush through this, This has been called as a public hearing, there is nothing to prevent you.since you had a call of just contin- uing this to the next meeting, having time to look at this and raise the questions that you want and go through an order- ly process rather than try to rush through it here. Mr. Plummer: I concur, I mean our apologies to you people but you've seen what we've been through today and you know the only thing that I'm just really leery of that we're going to have people who say "We didn't know about it". Mr. Andrews: I know, listen, they can call extra meetings... Mayor Ferrel Yes, but for us to rush through this thing under the pressures... We've been here 10 hours, George.... Mr. Andrews: I'm afraid you're going to take actions that later you'll wish that you hied not.... Mr. Acton: Absolutely not, Mr. Mayor. I just wanted you to understand that somebody in the audience could answer quest- ions. I would like also to take a second to introduce the City of Miami's staff planners that did the majority work on this deportment. He is Mr. Ed Lynch of the Planning Depart- ment. Mayor Ferre: Our thanks. 97, AUTHORIZE CITY MANAGER TO NEGOTIATE WITH RAUL ALVAREZ FOR ARCHITECTURAL SERVICES IN CONNECTION WITH DEVELOPMENT OF SMALLJ.QJ$ jN LITTLE HAVANA AREA jOF TM CITY Mayor Ferre: The mini parks down in Little Havana, the committee and all of these people have narrowed this down to three lots and I think they have actually selected one lot but they haven't quite came back yet. Now it is time for Public Works to come up with an architect and it was the idea, my idea and those that were involved in this, and Mr. Andrews said that he thought that the fellow who had volun- teered up until now ought to be able to do the architectural work so what we need now... Is that your recommendation? Mr. Andrews: Yes, it is. The motion you need to adopt is to select him and have me negotiate with him. You do not need to go through the process of the selection and the State Law.. Mrs. Gordon: Will you tell me what you're talking about? Mr. Andrews: This is the gentleman who appeared here before the Commission with the plan for the small lots to be devel- oped in the Little Havana area. Remember the fold out pres- entation.. Mrs. Gordon: Have we gotten lots, have we bought lots? Mayor Ferre: No, we haven't gotten that far... We have to select an architect now and the Manager is recommending a fellow who volunteered up until now. Mrs. Gordon: Architect to do what? At this time we haven't got the lots, what do we do? What is he going to do, Manolo. I want to know what he is going to do? 184 JUL 251974 Mayor Ferrel Mr. Manage:c, do you want to answer Mrs. Gordon's question, what is he going to do? ecMdrewss He's going to design the lots that will be sel- ted,'the actual design for the layout. They're not just going to be all grass, they're going to have all the facilit- ies and aaenities that the Latins are used to in small types Of places where they can congregate, play checkers, remember the pictures.... Mrs. Gordon: Yes, fine but where are they located? Mr. Andrews: We have not specifically picked a location. We're going to be working with this architect to select the design.. Mrs. Gordon: And he's'going to help you select them, is that it? Mr. Andrews: Yes, select and design. Mrs. Gordon: And where will the money come to buy the lots? Mr. Andrews: We'll have to come back to the Commission to make that decision. Mrs. Gordon: Well where do you expect it to come from? Mr. Andrews: I don't know yet. This was a program that was presented tO the Commission, it sounded so good Mrs. Gordon: Well I think reasonable questions.... Mr. Andrews: Oh yes, they are reasonable questions but we're in the process of developing something here for the community and we hope it goes together. Mrs. Gordon: Is there money in the Park Bond Issue for it? Mr. Andrews: There could be. Mayor Ferre: There's a couple hundred thousand there... The following motion was introduced by Vice -Mayor Reboso who moved its adoption: MOTION NO. 74-692 A MOTION QUTIORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE WITH RAUL ALVAREZ FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DEVELOPMENT OF SMALL LOTS IN THE "LITTLE BAVANA" AREA OF THE CITY OF MIAMI. Upon being seconded by Mr. Plummer the motion was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 98, DISCUSSION ITEM -ZONING BOARD Mayor Ferro: We have a request here by Mrs. Edith Barkens and we also have one from Isidro Borgne to be appointed on that stand-by position that is now open at the Zoning Board. Mrs. Gordon: Isn't Borgne on the Planning Board? 185 JUL 251974 Mayor Ferre: RA will you let me finish and then you can ask the questions. Mr. Borgne and Miss Barkens, and you had one that also requested: there's three people that have request- ed to go on the Zoning Board as the alternate. Now, we don't have to decide it today I'm just saying that that's, right now you know... Mildred has to be appointed officially too, doesn't she? Mrs. Gordon: Yes, she's not drawing salary and she's serving.. Mayor Ferre: Well that's something that has to be taken up, Vat just pointing it out. Obviously he's on the Planning and wants to move to Zoning,, that's what he says... i Mrs. Gordon: I think it would behoove this Commission to le- yitimi::e Mrs. Callahan's•position, she's been working side by side with those that are being paid and she's not so I think that, how do you want to handle that, Mr. Andrews? The salary is what I'm tal.%ing about. Mr. Plummer: Let me make a... because I voted against the alternate but just let me clear up a point. As I recall, there was nothing ever stipulated that the alternate automatically became the member, was there? I don't think so. Mrs. Gordon: Well, if you read the ordinance, when the alter- nate fills in the vacant seat their taking the place... Mr. Plummer: The only thing that bothers me, Rose, is we set out in the things by Bartley, a guideline of how these people would be chosen and we seem to be forgetting about that guide- line. Mrs. Gordon: I remember another thing that I choose not to bring up at this time because it is so late, but if you recall, we should have had two alternates. There was a chance that this board would have had six members if Mr. Willy ---- had resigned as he said he was going to resign. Mr. Plummer: Correct, but he didn't. Mrs. Gordon: No, he changed his mind but he did send in a resignation. Mayor_ Ferre: (INAUDIBLE) 99, INTERAMA DISCUSSION Me.Pluma<ei'e Mr. Mayor, is there any concern by you in the City's interest of behalf as it relates to the City's involve- ment in Interama? We've all been reading, you know all the negative press and the City does have an interest there and I'm just wondering, you know.... Mayor Ferre: Interama has been getting money basically from Metropolitan Dade County. They got the money by selling, in fact, a piece of property to becomes sewer site and that's what has kept Interama alive. Now in addition to that there's something called bond anticipation funds in the sum of $12,000,000. Interama has taken five of that and seven million pending. What in effect that does is if interama folds then the bond holders of that if they ever be sold, end up taking it off of their tax bills if they have tax bills and in effect what happens is that Metropolitan Dade County absorbes that and 186 JUL 251974 ends up with a piece of property. Now all we've done, and stop me if I'm wrong John, because I see you looking up; what we/ve done is we've borrowed $5,000,000 against that $12,000,000 bond which has never been issued. It is called an anticip- ation. Now, here's where Interama is at and then I'll tell yoU where the City is at as far as I know. Interama is pre- pared, all the documents and everything is ready to go on the market but the market is no good. It is the same thing as you said about, what was it you didn't want to sell - oh, for the Police Station; well the other day Metropolitan Dade County had an A rated 21/2 million dollar issue for the Port Authority, the Dade County Port and they didn't have one single bidder so What's happening, of course, is everybody is expecting some- thing to happen in this country and the bond market is going to come back to reality. In the meantime there's no money. Interama is in Limbo and if, if there is no bond, if the bond market doesn't clear itself up in the next two or three weeks then we either have to look for interim financing or we have to 1ooI for interim financing or we have to get.. We've got conaittments of $40,000000 of financing from various govern- ments and then what will happen is that Interama will then go to Metropolitan Dade County and they will have to put it up and run it. And it will be instead of $150,000,000 it will be a be a $40,000,000 Interama. Mr. Plummer: Maurice, what not bothers me, but you read everything in the paper and coming from you is what I wanted; the City has a vested interest in x number of acres. Mayor Ferre: Eight and a half million dollars is owed to the City of Miami and let me quickly trace the history of that. That piece of property was a property that was purchased by the City in the times of Mayor Sewell. It was called the Graves tract. The purpose of the Graves Tract was to build an airport. That was going to be the Miami International Airport. Now as time went on and the community decided to go to what was called Pan American Airport which is what is now International Airport, that piece of property became a property that didn't have any use. Then it was turned over to Interama Authority for eight and a half million dollars for the purpose of Interama and as time went on got to a point where Bob High was the one who came to the City Commission and asked that the deed to the property be turned over to the authority and that would be the basis for it to get off the ground. We did that with certain limitations and qualifications for eight and a half million dollars. As Interama got off the ground it went out and spent $12,000,000 and the bond holders sued because they weren't paid since it flopped. It was put on the issue for Dade County and the people of Dade County turned it down and then it was sugsequently put on an issue in North Miami and the people of North Miami voted to pay for the bonds. They made a mistake, it wasn't the total amount but it turned out to be twelve million, eight hundred thousand dollars. So there was a deficit there. They paid for the bonds but only on the premise that they would end up with 540 acres or what- ever it was out of the 1700 in which they were going to put up a golf course, a park and public facilities. So they ended up with that property and the City of Miami had to conceed that. The next thing that happened was that the state wanted to put up a university there and then the City of Miami rolled back on that one and that's seventy acres or eighty acres and so when it finally got to the refinancing of Interama which was about two or three years ago, you on the Commission accepted a further roll back which limited the roll of the City of Miami. Now that has been modified. At this point of the game here is 187 JUL 251974 here's where we end: We have a debt of ell:t and a half million dollars O*ich is not to be paid until 1988, 1 think it is, something like that. Anyway it doesn't start payment until way back. Mr. Andrews: We set that aside and accepted three different parcels of land, 92 acres for all three parcels. One of those parcels is the Marina that's planned..., a very valuable piece of property and that wasequated at a value greater than the Honey #hat is due us. Another thing that occured throughout all of these exchange of deeds, the Commission adopted the pro- vision'that everyone of the deeds that transferred lands to other agencies, that no colosseum or stadium could be built with the seating capacity in excess of 20,000 seats. Mr. Plummer: Mr. Mayor, what I'm getting at; isthere any concern on your part of any action that this Commission should take to protect the interest of the City. Mayor Ferre: There is nothing to do right now, really. I mean we're as legally protected or unprotected as we can be. I don't think there is a thing, unless you tell me otherwise, John, is there anything legally tint we can do? Mr. Lloyd: Not right now. Mr. Plummer: I'm not trying to force anything, I'm just merely asking that you feel comfortable that we are protected. Mayor Ferre: Yes, I think from what t understand legally that we're protected. Now if lyou ask me what is going to happen with Interama, I don't know. I mean it is a half a dozen on one and 12 on the other, you know. It is sitting there on the wall and it can go either way. 99.A. ADVERTISE FOR BIDS -PARTS FOR ASSEMBLY OF "LIGHT TRUCK" FOR THE FIRE DEPARTMENT Mr. Plummer: Mr. Mayor, I would like to make a motion, we have a rating that will be coming up of rating our Fire Depart- ment and we've always enjoyed a #1 and I'd like to make a motion authorizing the City Manager to receive bids for the direct purchase for parts for the development for a light truck for the Department of Fire and I will move that in the form of a motion at this time. Mayor Ferre: tWhat is a light truck? Mr. Plummer: A light truck is that they can take to a fire and illuminate the whole area. Mayor Ferre: Does that have your recommendation, Mr. Andrews? Mr. Plummer: He wrote it. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-693 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR PURCHASE OF PARTS FOR THE ASSEMBLY OF A "LIGHT TRUCK" FOR THE FIRE DEPARTMENT. Upon being seconded by Rev. Gibson the motion was pass- ed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 188 JUL 251974 411 *too, DISCUSSION ITEIIL' L.E.E.A. EXPANDING PROGRAM (HISPANIC) Mayor Ferre: I have one unfortunate item. I understand that we did not get financial, I mean the L.E.E.A. Grant for Hispanic programs we were hoping to get. Are you acquainted with the reasons why? Mr. Andrews: No. Mayor Ferre: There are 3 reasons. This is not in any way testing- you know, phis is a Hispanic program. Now, the officer put on the program is what is commonly referred to as a wasp american and the sergeant ira black american and there is no spanish advisory committee and there is no way in the world in which Mr. Herbert Rice or the people at the L.E.E.A Grant; that the LEEA is going to grant these monies when you place and there is a letter that is now addressed to Mr. Herbert Rice signed by Mr. A. Zenoz, Sergeant, Miami Police Dep- artment spanish-american federation when he specifically says that he understands exactly what the reasons are and I got this directly from Washington,by the way, why this was turned down for 3 reasons. The man you put in charge of it is not spanish, he is- and the sergeant involved in the program as coordinator is not spanish speaking and you don't even have an advisory committee. Of course you were turned clown. Mr. Andrews: May I have a copy of that? Mayor Ferre: How much was that for? Mr. Andrews: $290,000. Mayor Ferre: And we had it right in our hand and I don't mean to be critical Paul but you know I told you so. Mr. Plummer: Well you know that's bad news, but let me ask you this Mr. Mayor. Is there any possibility that there is an avenue still left open that we could maybe re -apply. Mayor Fprre: Paul, would you take my advice? I know it's not easy to do it that way and I know you are concerned about the politics of these things. Raul ? who is in charge of the most successful Hispanic United Fund program here is personally acquainted with all of this and I guarantee that if you let him help you, he will help you get and you check with Mr. Rogellio at the United Fund. You can call him at the United Fund where lie is basically an employee of the United Fund. Check him out with V. Rogellio to your satisfaction and call the man up and find out exactly what we need to do to get this thing turned around. Mrs. Gordon: Isn't he the one that is in charge of Day Care for the Elderly at the Activities Center in the Latin Community? Mayor Ferre: Yes. Mrs. Gordon: He is very knowledgable. Mayor Ferre: At finding money in Washington is what I am trying to say. 189 JUL 974 101, MISCELLANEOUS 1SCUSSICN ITEMS (b) (a) Saka h San Anto i4 o O�t� t�axe (Bclltirttadea ) (e) Letters bnom Hector. Moneno (d) City Managers' 4 Vaeett ion MAYOR FERRE: THERE is one other thing I want to bring up to the members of this Commission and that is that C.I.P thing program. Now that is coming up before the Commission on the 30th, (Inaudible comments) be present at that C.t.P thing before Metro on the 30th. I will not be here but if yvu will call the Manager's office and find out. Will you do that Mr. Andrews? Would ynu have someone notify us? Mr. Andrews: Yes. (a) Mrs. Gordon: Before we leave, I would like to show you a picture of a barge that is in San Antonio on the river there. I think it would be a great idea for us to implement here to make people acquainted with the river and for the benefit of the tourists and the citizens alike. I will show you this Mr. Andrews, I just have the one copy. Have you heard from San Antonio with regard - Mr. Andrews: Yes. Mrs. Gordon: Did you get a picture of the barge? Mr. Andrews: We got all the brochures and we are getting with the way the contracts are arranged with the concessionaires and everything. Mrs. Gordon: I want to show you this. (6) Mayor Ferre: There is the matter of Centro Mater; there is a letter that has been written to this office which says that she needs some barricades. They cannot assume the responsibility for the children without those barricades and there is a memorandum from Mr. Andrews dated July 17th. Would you speak to that Mr. Andrews? Mother Miranda, Centro Mater and the barricades. Department of Public Works has investigated the request of the school located etc., so that their children may cross the street safely to the playground. S. W. 4th street was dedicated to the professional use of the general public and should not'be closed for private use. There are residential and commercial establishments which use this street for access. The school can use alternate methods. The City should not be placed in the position of using these barricades. Now Mother Miranda answered by saying: Thank you for a copy of the memorandum and I wish to clarify: (1) Centro Mater is a non-profit organization and carries on after - school care programs. (2) All the children attending Centro Mater are covered by insurance and liability. (3) We cannot assume full responsibility for our children if the cars keep on speeding on their way through S. W. 4th Street. (4) We have requested the barricades on S. W. 4th street because traffic can proceed normally on S. W. 5th Street without interruption 3rd avenue. There is only one commercial establishment on 3rd street and 4th avenue and we have appealed before the police and other aithorities. Is there anything else we can do to help them? Mr. Andrews: I wish there were. We will look at it some more but this is public right of way. Mayor Ferre: They want to set up warning traffic signals and can we get some barriers on the streets so the people won't speed by there? 190 JO!. 1974 (al (d) 401 :Mr. Andrews: I don' know that they are speeding by as much as just using the public right of way and it's in conflict with the school activity there. Mayor Ferre: will you answer her:■please and tell her frank there is no way you can barricade,a street. No way at all. You have to have a public hearing and its a'Metro matter to barricade a street. Do we barricade streets for public schools? Mr. Andrews: There is one place that is barricaded but that has been, barricaded by public sc,:hool board action and that is located down here in Coconut Grove. It's the only one I know of.. Is this a school or - Mayor Ferret It's not even a school, it's a day-care center. Mayor Ferre: For the record, we have a letter from Hector Moreno that basically says that tftere are over 300 million dollars in new construction this past year in Dade County which has been added to the tax rolls and this should take care of our additional monies and federal revenues and the Grapeland Heights Association feels that 180% turn must be made by our local government in spending policies and we are looking to your leadership and direction to effect this policy of economy in government. In other words, he doesn't want taxes raised. Mr. Andrews: I hope the Commission is aware that I am going to be leaving on a 3-week holiday starting this Saturday. Mr. Crouch will be responsible during my absence but I wanted you to be aware of that. Mr. Plummer: Paul, from a legal standpoint, I always recall in the past passing a resolution giving the Assistant City Manager the auth- orization to sign checks. Do you need that? Mr. Andrews: No, I don't think so. *e**s***s*******s******s*****s***********s************************s** ADJOURNMENT: There being no 6anthen buaineaa to come bebone the City Comm.c.aaion, the meeting waa adjourned at 7:55 O'Ctock P.M. ATTEST: H. D. SOUTHERN City Cteth RALPH G. ONGIE A4444#ant City Cteak, MAURICE A. FERRE Mayon 191 JUL 2 51974 CITY OF MIAIVI1 DOCUMENT INDEX ITEM NO. DOCUMENT IDENTIFICATION 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 COMMISSION AGENDA & CITY CLERK REPORT (27 PAGES) GRANT APPROVAL -OFF STREET PARKING SPACES- 3333 NORTHWEST PITH AVENUE EXTENDING AN ADDITIONAL YEAR -CONDITIONAL USE RESOLUTION NO. 43228 SYMPATHY FAMILY OF ABE S. GOLDMAN SYMPATHY MRS. M.J. STOLEE FEDERAL REVENUE SHARING FUNDS TO UNITED PUERTO RICANS INC-DAY CARE SERVICES CITY OF MIAMI APPOINTING VICTOR R. ILDEFONSO-BOARD OF DIRECTORS OF UNITED PUERTO RICANS,INC. DIRECTOR DEPARTMENT OF ADMINISTRATION TO PROCESS THE APPEAL OF KINGDOM HALL- 241 N.W. 54 STREET APPLICATION ENVIROMENTAL PROTECTION AGENCY FOR A FEDERAL REIMBURSABLE GRANT UNDER PUBLIC LAW NO. 92-500-WEST 17 AVENUE SANITARY SEWER IMPROVEMENT SR-5255 ORDERING FASHION HIGHWAY IMPROVEMENT H-4381 ORDERING GARDEN HIGHWAY IMPROVEMENT H-4374 GARDEN SANITARY SEWER IMPROVEMENT SR-5385-C GARDEN SANITARY SEWER IMPROVEMENT SR-5385-S ALLOCATING $18,000 FROM "POLICE HEADQUARTERS BOND FUND" -COST OF INTERIOR DESIGN SERVICES NEW POLICE FACILITIES MEETING DATE: JULY 25, 1974 DUPLICATE TAX SALE CERTIFICATE TO N. JAY FINCKE APPLICATION FUNDS CONSTRUCTION OF A BOAT RAMP AND HOIST AT CURTIS PARK-FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ACCEPT COMPLETE WORK-SAM CLERK & ASSOCIATES INC. ORANGE BOWL SPIRAL RAMP DECK REPLACEMENT DENYING CERTAIN CLAIMS -CITY ATTORNEY TO DEFEND ANY SUIT BROUGHT FOR RECOVERY OF DAMAGES ARISING OUT OF SAID CLAIMS COMMISSION RETRIEVAL 1 ACTION CODE NO. R-74-623 R-74-625 R-74-627 R-74-628 R-74-630 R-74-631 R-74-635 R-74-637 R-74-638 R-74-639 R-74-640 R-74-641 R-74-642 R-74-643 R-74-644 R-74-645 R-74-646 0102 74-623 74-625 74-627 74-628 74-630 74-631 74-635 74-637 74-638 74-639 74-640 74-641 74-642 74-643 74-644 74-645 74-646 DOCUMENHNDE Y CONTINUE ITEM NO. DOCUMENT IDENTIFICATION 19 20 21 22 23 24 25 26 27 28 . 29 30 r *31 32 33 34 35 36 • CLAIM SETTLEMENT-KENNETH S. COOPER FEE BAYFRONT PARK AUDITORIUM -MUSCULAR DYSTROPHY ASSOCIATIONS OF AMERICA INC. METROPOLITAN DADE COUNTY -QUIT CLAIM DEED - LAND AT 20TH STREET WEST OF N.W. 12TH AVENUE ACCEPT COMPLETE WORK-BISCAYNE CONSTRUCTION INC.-LUMMUS PARK -SHUFFLE -BOARD COURTS AND RECREATION BUILDING IMPROVEMENTS APPOINTMENTS TO THE DOWNTOWN MIAMI URBAN DEVELOPMENT PLAN COMMITTEES AWARD BID -GOODWIN,INC-SOUTH PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5242-C ACCEPT BID-KENYON SALES DISTRIBUTORS - UTILITY TRUCKS -POLICE DEPARTMENT CITY OF MIAMI ACCEPT BID -UNITED STATES FIDELITY AND GUARANTY COMPANY -FURNISHING OWNER LANDLORD - TENANT LIABILITY INSURANCE AWARD BID-BISCAYNE CONSTRUCTION INC-LEGION PARK COMMUNITY BUILDING ALTERATIONS AWARD BID-DMP CORPORATION -NORTH 71 STREET DRAINAGE PROJECT-1974 AWARD BID -MARKS BROS. COMPANY -CONSTRUCTION S.W. 22 STREET HIGHWAY IMPROVEMENT H-4369 AWARD BID -STONE PAVING CO. -CONSTRUCTION OF S.W. 22 STREET HIGHWAY IMPROVEMENT H-4369 ACCEPT BID -BOND PLUMBING CO. -ORANGE BOWL STADIUM PLUMBING FIXTURES FOR RESTROOMS AGREEMENT WITH ANDY FRAIN SERVICE -CROWD CONTROL SERVICE AT THE ORANGE BOWL STADIUM SIX ADDITIONAL MEMBERS COMMITTEE ON ECOLOGY AND BEAUTIFICATION PURCHASE DECORATIONS FOR DOWNTOWN MIAMI CHRISTMAS HOLIDAY SEASON FEE MARINE STADIUM-MIAMI CHAMBER OF COMMERCE AND THE MIAMI HERALD ACCEPTING JULY 23,1974 COVENANT TO RUN WITH THE LAND FROM AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA APPLICATION CERTIFICATE PUBLIC CONVENIENCE - MINI ALIADOS BUS SYSTEM CITY OF MIAMI R-74-647 R-74-648 R-74-649 R-74-650 R-74-651 R-74-652 R-74-653 R-74-654 R-74-655 R-74-656 R-74-657A R-74-657B R-74-658 R-74-659 R-74-660 R-74-664 R-74-665 R-74-666 R-74-667 PAGE # 2 CDbE 110._ 74-647 74-648 74-649 74-650 74-651 74-652 74-653 74-654 74-655 74-656 74-657A 74-657B 74-658 74-659 74-660 74-664 74-665 74-666 74-667 DOCU ENH NDEQX CONTINUED PAGE � 3 ITEM NO. DOCUMENT IDENTIFICATION ACTIONCDDE NOE 38 39 40 41 42 43 44 45 46 47 48 49 + 50 51 52 53 54 55 • PARK AND RECREATIONAL BOND FUNDS FOR COSTS - CITY OF MIAMI VS. COCONUT GROVE MARINE PROPERTIES, INC. • ALLOCATE $!5,750.00 FROM 1972 PARK AND RECREATIONAL BOND FUNDS -CIVIL ACTION NO. 73-15433 DR. ERNEST BARTLEY TO PREPARE PROPOSED CHANGES OF COMPREHENSIVE ZONING ORDINANCE CONTRACT FLORIDA INTERNATIONAL UNIVERSITY MANAGEMENT PROGRAM -POLICE DEPARTMENT AMEND SCOPE OF SERVICES WITH FIRM BOOZ,ALLEN & HAMILTON AS AUTHORIZED BY RESOLUTION NO. 73-892 AGREEMENT BETWEEN MANPOWER PLANNING COUNCIL AND CITY OF MIAMI-RESOLUTION NO. 74-605 AWARD BID-EDWARD DON AND COMPANY -KITCHEN EQUIPMENT FOR DAY CARE CENTERS -PARKS AND RECREATION DEPARTMENT AWARD BID -DAY CARE CENTER PLAYGROUND EQUIPMENT ACCEPT BID-DELRAN BINDERY & SPECIALTY CO. -POLICE EXPANSION PROGRAM - AWARD BID-DICTAPHONE CORP.-COMMUNICATIONS DEPARTMENT AT 65 S.W. 1ST STREET AWARD BID-CALAVAR CORPORATION -PLATFORM WITH OPTIONAL EQUIPMENT -FIRE DEPARTMENT ACCEPT BID-GRAYBAR ELECTRIC COMPANY INC- TELEPHONE HEADSETS AWARD BID-AD-A-LITE ELECTRIC,INC.: - CONSTRUCTION OF KENNEDY PARK COMFORT STATION ACCEPT BID-GERSTENSLAGER COMPANY-, COMMUNICATION VEHICLE FOR THE COMMUNICATION DEPARTMENT NO BUILDING PERMITS FOR NEW CONSTRUCTION SHALL BE ISSUED IN COCONUT GROVE WITHOUT APPROVAL OF CITY COMMISSION OFF-STREET PARKING BOARD TO STUDY PARKING PROBLEMS IN AREA KNOWS AS "DECORATOR ROW" SYMPATHY -LATE JOHN B. ORR AUTHORIZE CITY MANAGER TO CONDUCT AN INVENTORY OF THE CITY OF MIAMI'S EQUIPMENT -SURPLUS TO CITY OF BOGOTA, COLUMBIA R-74-668 R-74-669 R-74-670 R-74-671 R-74-672 R-74-673 R-74-674 R-74-675 R-74-676 R-74-677 R-74-678 R-74-679 R-74-680 R-74-681 41-74-682 R-74-683 R-74-684 R-74-685 74-668 74-669 74-670 74-671 74-672 74-673 74-674 74-675 74-676 74-677 74-678 74-679 74-680 74-681 74-682 74-683 74-684 74-685 DOCU'EN1tN.DEXT CONTINUEDPA6e#4 DOCUMENT IDENTIFICATION 56 57 58 59 60 61 TWO MEMBERS OF MIAMI BOXING BOARD TO ATTEND AT THE WORLD BOXING ASSOCIATION CONVENTION IN PANAMA CITY AUGUST 16-1974 APPOINTING COMMISSIONER J.L. PLUMMER JR. REPRESENTATIVE TO THE PEOPLE SISTER CITY PROGRAM APPRECIATION TO JOHN CORRIGAN-PRESIDENT OF PEOPLE TO PEOPLE COMMITTEE - INFORM THE PUBLIC OF THE SUBSTANCE OF THE VARIOUS CHARTER AMENDMENTS PROPOSED TO BE SUBMITTED TO THE ELECTORATE IN NOVEMBER ADVERTISE BIDS -DOWNTOWN POLICE HEADQUARTERS BUILDING ALLOCATE $77,500 FROM PARK AND RECREATIONAL BOND FUNDS -TO PAY JOHN WATSON III - ATTORNEY FOR COCONUT GROVE MARINE PROPERTIES INC. COMMISSION ACTT ON- R-74-686 R-74-687 R-74-688 R-74-689 R-74-690 R-74-691 RETR IEVAL 74-686 74-687 74-688 74-689 74-690 74-691