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HomeMy WebLinkAboutCC 1974-09-12 MinutesITY MIAM +ill * I NCOKP UH 4TE1)C M MISS ION THURSDAY, SEPTEMBER 12, 1974 OF MEETING HELD ON PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK ITEM NO. SUBJECT INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION NO PAGE NC 1. 2. 3. 4. 5. 6. 7. REQUEST FOR CHANGE OF ZONING CLASSIFICATION Block 5-Coppingers Tropical Gardens RECEIVE SEALED BIDS - C & S Glenroyal Sanitary Sewer Improvement SR-5374 REQUEST TO CHANGE ZONING CLASSIFICATION Tract 1, Lots 5, 6, 7, 8 - Block 3 Larsh Subdivision PERSONAL APPEARANCE - Representatives of Community Relations Board PERSONAL APPEARANCE Elizabeth Virrick regarding the Coconut Grove Family Clinic AIRPORT COMMERCIAL DISTRICT -Proposed Ordin- ance amendments= APPROVAL OF MODIFICATION -Central Shopping Plaza - Bank & Office Structure etc. PROCLAMATIONS, CERTIFICATES OF APPRECIATION, PLAQUES 9. GRANT PERMISSION FOR 2 YEARS - LOT 12 C&I PEACOCK AMD-3405 Main Highway for parking lot 10. GRANT PERMISSION TO INCLUDE Financial Federal Savings & loan - AIRPARK PLAZA 11. VARIANCE - LOTS 20, 21, 22 - BLOCK 4 Railroad Shops -Interschool Tract for Church 241 N. W. 54th Street 12. CHANGE ZONING CLASSIFICATION Se'ly 180' LOTS 19, 20, 21 - Block "A" "Flagler Mary Brickell" 13. ORDINANCE AMENDMENTS - SPECIAL PLANNED DEV- ELOPMENT DISTRICTS 14. ORDINANCE AMENDMENT- SITE AND DEVELOPMENT PLAN APPROVAL 15. CHANGE ZONING CLASSIFICATION - LOTS 5 thru 12 BLOCK 1 - FLORAL PARK FIRST AMENDED 16. OBJECTIONS TO COMPLETED WORK Reid -Acres Highway Improvement H-4349 DISCUSSION 74-967 DISCUSSION DISCUSSION MOT.74-968 DISCUSSED & DEFERRED RES.NO. 74-970 RES. NO. 74-973 R-74-974 R-74-975 oRD. 8297 DEFERRED SEP 23 FIRST READING ORD. 8298 RES.74-976 1==13 13 13=14 14=18 17=20 20=22 ITEM NO, 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT PERSONAL APPEARANCE - Representatives of Coconut Grove Association Inc. to discuss Coconut Grove Arts Festival in 1975 JOSE MARTI BASEBALL LEAGUE- Request for free use of Miami Baseball Stadium on WED,FRI thru DEC. ESTABLISH RESERVE - $5,500,000 TO SUPPLEMENT FUNDS FOR AWARD OF CONSTRUCTION CONTRACT FOR POLICE IMPROVEMENTS ACCEPT COMPLETED WORK - DOWNTOWN GOVERNMENT CENTER BUILDINGS - DEMOLITION 1973 ACCEPT COMPLETED WORK - Roberto Clemente Park - RESURFACING BASKETBALL COURTS 1974 ACCEPT COMPLETED WORK - Edison Park Teen Center - 1973 ACCEPT COMPLETED WORK - Western Drainage Project E-'30 PARKS AND RECREATIONAL BOND PROGRAM District 45 - Parks proposed for central area; accepting deed etc. PERSONAL APPEARANCE - John Barrett, Attorney Court Appointed Receiver concerning the foreclosure of Sailboat Key RENEW ADVERTISING AND PUBLICITY AGREEMENT Metro & City - Joint program for 1974-5 ACCEPT BID - 3-1250 GPM CUSTOM BUILT TOP OF LINE MODEL PUMPERS WITH 5 MAN CANOPY 8. JOINT ADVERTISING AGREEMENT -Advertising and Marketing Associates Inc. Extension 2 years with Dade Co. 29. ACCEPT PLAT - Bay Club Subdivision 30. ACCEPT COMPLETED WORK - JEFFERSON HIGHWAY IMPROVEMENT H-4350 31. DESIGNATE SIEGENDORF BICYCLE PATH as recreation area and convey right of way deed ORDINANCE OR RESOLUTION NO. M-74-977 DISCUSSED AND DEFERRED R-74-978 R-74-979 R-74-980 R-74-981 R-74-982 R-74-983 M-74-984 M-74-985 DISCUSSION R-74-986 R-74-987 R-74-988 R-74-989 R-74-990 R-74-991 PAGE NO 63=65 65=68 68=70 71 71_ 72 73 • INDEX MINUTES OF REGULAR METING CITY COMMISSION OF MIAMIi FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO. PAGE NO 32. WASTE COLLECTION LICENSE Abbott's Recycling Industries Inc. 33. DISCUSSION OF ESTABLISHMENT OF LOW COST AIR SERVICE BETWEEN MIAMI AND JACKSONVILLE 34. APPOINT ADDITIONAL MEMBERS TO THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION 35. SET TIME AND DATE FOR SEMI-ANNUAL PUBLIC HEARING ON APPLICATIONS FOR TRANSFER OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY 36. APPOINT ADDITIONAL MEMBERS TO GENERAL CULTURAL HISPANIC COMMITTEE 37. PROCLAIM POLICY OF CITY COMMISSION TO ACTIVELY PARTICIPATE IN Hispanic Heritage Week in Miami - 1974 38. CLAIM SETTLEMENT - Juana Rodriguez and Pedro Rodriguez 39. CLAIM SETTLEMENT - Mona Ludwig 40. CLAIM SETTLEMENT - Bertha Levy and Maurice I. Levy 41. PROVIDE FOR FEES TO BE CHARGED IN ACCORDANCE WITH PROVISIONS OF ANNUAL CERTIFICATE OF USE RENEWAL ORDINANCE 42. CONFIRM ACTION OF THE CITtt MANAGER IN THE SUBMISSION OF A STATE GRANT APPLICATION TO INITIATE PROGRAM FOR COMMUNITY DAY CARE SERVICES 43. CONFIRM ACTION OF CITY MANAGER IN THE SUBMISSION OF A STATE GRANT APPLICATION TO INITIATE PROGRAM FOR RECREATIONAL ACTIVITIES FOR HANDICAPPED 44. PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION - PARCEL No. E-7095.4 and PARCEL No. E-7095.5 45, WAIVE RENTAL FEE- MIAMI STADIUM Trustees of Christian Hospital Benefit Performance -Save Christian Hospital Fund R-74-992 M-74-993 R-74-994 R-74-995 R-74-996 R-74-997 R-74-998 R-74-999 R-74-1000 FIRST READING R-74-1001 R-74-1002 R-74-1003 R-74-1004 R-74-1005 86 86=87 87 88 88 89 90 91. 91 92 92-3 93 94 95 MINUTES OF REGULAR METING CITY COMMISSION Of MIANI, FLORIDA ITEM NO.1 SUBJECT ORDINANCE OR RESOLUTION NO PAGE NC 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. ISSUE PURCHASE ORDER AND CONFIRM ACTION of CITY MANAGER FOR REPAIR TO 3 ELEVATORS AT THE ORANGE BOWL STADIUM RATIFY AND CONFIRM ACTION OF THE CITY MGR. ISSUE PURCHASE ORDER FOR PLAYGROUND EQUP. PAY DEPARTMENT OF LABOR $25,327.40 AS FULL REPAYMENT OF ALLEGED DISCREPENCIES IN EXPENDITURE OF FUNDS UNDER EMERGENCY EMPLOYMENT ACT CONFIRM ACTION OF CITY MANAGER IN MODIFYING AGREEMENT FOR ESTABLISHMENT OF AFTER -SCHOOL C DEMONSTRATION CENTERS AWARD BID - SILVER BLUFF PARK DEVELOPMENT FENCING AWARD BID - LUMMUS PARK SIIUFFLEBOARD COURT RESURFACING - 1974 AWARD BID AWARD BID - ONE 76' REEL MOWER - LUBRICATION EQUIPMENT GRANT PERMISSION TO JUNIOR NAVAL CADETS OF AMERICA - LODGE 96 AND NEW LIFE LODGE 504 FOR FUND RAISING CARNIVAL !AT SHELL CITY PAR- KING LOT AUTHORIZE AGREEMENT FOR COORDINATOR'FOR THE MIAMI SERVICE PROGRAM FOR THE ELDERLY NOMINATION OF 3 INDIVIDUALS TO SERVE ON INTER AMERICAN CENTER AUTHORITY BOARD PROVIDE ADDITIONAL APPROPRIATION OF $8,025.50 - International Folk Festival Account 3-MONTH EXTENSION OF EMPLOYMENT H. Leslie Quigg OPPOSING ENACTMENT OF METRO PROPOSED ORDINANCE- Community Antenna Television Systems- County pre-emption of rights of Municipalities GRANT 6 MONTH EXTENSION OF VARIANCE Lot 14 - BLOCK 91S-MIAMI HEIGHTS (529) R-74-1006 R-74-1007 R-74-1008 1RE R-74-1009 R-74-1010 R-74-1011 R-74-1012 R-74-1013 M-74-1014 M-74-1015 R-74-1016 ORD. 8299 R-74-1017 R-74-1018 R-74-1019 95 96 96 97 97-99 9q 100 100 101 101=1 102-10 104=1 106=0 107 108 1 Y MINUTES OF IEGULAR METING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO SUBJECT ORDINANCE OR • RESOLUTION NO. PAGE NO; 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. GRANT 6 MONTH EXTENSION OF VARIANCE LOT 11 - BLOCK 15S - MIDI B-41 GRANT 6 MONTH EXTENSION OF VARIANCE TRACT A.T.P. 4898•-DOUGLAS GARDENS Parking Spaces GRANT 6 MONTH EXTENSION OF VARIANCE A.T.P. TRACT 898- DOUGLAS GARDENS Cond.Use of Construction of Addition GRANT 6 MONTH EXTENSION OF VARIANCE TRACT A.T.P. 4898 - DOUGLAS GARDENS Off -Street Parking with 10' opening on N.E. 52nd Street GRANT 6- MONTH EXTENSION OF CONDITIONAL USE TENTATIVE PLAT - Tract 1 & 2 River Cove AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MANPOWER PLANNING'COUNCIL OF DADE & MONROE COUNTIES FOR PURPOSE OF RECEIVING FUNDS TO OPERATE A MIAMI PUBLIC SERVICE EMPLOYMENT PROGRAM DIRECT CITY ATTORNEY TO TERMINATE BY ANY APPROPRIATE MEANS - CITY OF MIAMI VS. MARJORIE E. WILSON ET.AL. Parcel 7088.75-14 PROPOSED CHARTER AMENDMENT -DEPUTY CITY MGR. Positions in the unclassified service WAIVE RENTAL FEE-MIAMI STADIUM Miami -Dade Community College downtown campus Basketball Practice Sessions DISCUSSION OF PROPOSED ORDINANCE Impounding of Vehicles PROTECTION AND REMOVAL OF TREES-AMD.Ch.64 of the Code to extend scope of tree ord. 6-MONTH EXTENSION OF VARIANCE Lots 8 thru 13 - Block 104S BRICKELL ADD AND (8-113) AUTHORIZE CITY MGR.TO EXTEND AGREEMENT Emergency Employment APPOINTMENT OF 5 PERSONS TO SERVE ON Law Enforcement Communi yOutreach and CAree,r Program 1 dvi4ory Boar' 74-1020 74-1021 74-1022 74-1023 R-74-1024 R-74-1025 R-74-1026 ORD.8300 R-74-1027 DISCUSSION DISCUSSION R-74-1028 R-74-1029 R-74-1029- JO 109 109 110 110 112-3 114 116 116 ' 12 120 121-12 125-12 126-2 • BMX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. COCONUT GROVE BANK «. Modification of. Drive In Tellers CENTRAL SHOPPING PLAZA MODIFICATIONS REQUEST OF VICE PRESIDENT OF COCONUT GROVE FOR ADDITIONAL PARKING SPACES TO FACILITATE NEWLY PURCHASED COMPUTER BUILDING - DISCUSSION AND DEFERRAL DESIGNATE FIRMS AS 3 CONSULTANTS RECOMMENDED TO THE CITY MANAGER FOR THE MIAMI COMPREHENSIVE NEIGHBORHOOD DEV. PLAN AUTHORIZE AGREEMENT WITH UNDERWOOD MARINE CORP FOR PURPOSE OF EXECUTE 6 MOS LEASE FOR CITY OWNED PROPERTY EMPLOY- HANSEN AND COMPANY for professional assistance in CITY OF MIAMI PENSION MATTERS DESIGNATE 3 FIRMS IN ORDER OF PREFERENCE for ORANGE BOWL STADIUM IMPROVEMENT PROGRAM CHANGE OCTOBER 24 MEETING DATE TO BE HELD IN THE AFTERNOON AT GRAPELAND HEIGHTS SCHEDULE SPECIAL CITY COMMISSION MEETING FOR SEPTEMBER 23, 1974 at 3 P.M. BURLINGAME ISLAND CHANGE DATE OF SECOND COMMISSION MEETING STATUS OF CONDEMNATION PROCEEDINGS FOR PROPERTY AT LATIN RIVERFRONT PARK STATUS OF F.E.C. FILL PERMIT M--74.103i R-74-970 DISCUSSION R-74-1032 R-74-1033 R-74-1034 R-74-1035 R-74-1036 R-74-1037 R-74-1038 DISCUSSION DISCUSSION ========= === Adjournment PAGE NC 128=13% 132 133=13( 136 136 137 137 137-38 138 138 138=1 141=14 MINUTES or REGULAR MEET/NO OP THE CITY COMMISSION OP MiAMI , PLORXDA On the 12th day of September, 1974, the City Comieission of Miami, Florida met at its regular meeting place in said city in regular session. The meeting was called to order at 9;10 o'clock A.M. by Mayor Maurice A Ferre with the following members of Om Commission present: Also present: Commissioner J.L. Plummer Commissioner Rose Gordon Commissioner Manolo Reboso Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre P.W. Andrews, City Manager Andrei, P. Crouch, Asst. City Manager John S. Lloyd, City Attorney B.D. Southern, City Clerk Ralph G. Ongie, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. On motion of Mr. Plumper, seconded by Mr. Reboso, it was unanimously agreed to waive the reading of the minutes of the previous meeting. 1. REI EST TO CHANGE ZONING CLASSIFICATION ALL OF BLOCK 5 Mayor Perre: Are the applicants here on this item? Unidentified person: Yes, your honor, ---- Mayor Ferre: Sow many objectors are here on this item? Will you please stand? Unidentified person: 1 represent 40 objectors. Mayor Ferre: All right, you can sit down now, thank you. How many wish to speak on this item? Please raise you hands. If you don't raise your and I will not recognize you later on. If you have any doubts about it, raise you hand. Seven, would one of you go down and get the names. Mr..Plusmer: Mr. Mayor, may I ask for the sake of brevity, are these same people here in objection to the fourth item, which 'is aroudd the corner from it. Are you also here for the same item? Mayor Ferre: In the interest of time, we have a long agenda, and I hope you bear with us, and out of the generosity of your heart recognize that we cannot have meetings with open ends, and everybody talk for 15 or 20 minutes, because if that were to happen, we would be here for a couple of burs. You can see by the agenda it is a long meeting so I um going to limit the speakers to 3 minutes on this side. I allocate 20 minutes to each side, and you divide it. F 1 SEP 121974 IS that better? Unidentified person: That is better. Mayor Ferre: Will you act as Unidentified person: I'll be the first speaker for this aide. coordinator? Mayor Ferre: If you would sir, act as coordinator and see who will be the speakers on your side, and if you need an extra five minutes, I'll be happy to grant that. I will have to grant the other wide the same time. ,Mr. Robert Rorner: My name is Robert Korner, I am an attorney representing the subject property. Mayor Ferre: would you speak into the microphone a little more? Mr. Korner: My name is Robert Rorner, Attorney of record for the owners in the application on the property shown in yellow on the plot plan sketch. The owners of this property have been attempting to develop it for a very long time. You will see the application was originally made over two years ago. We came before this Commission at that time and were told that rather than act on it at that time, there was a river study being made and upon conclusion of that river study, this matter should properly come back before the Planning Board and the City Commission. Little did we know then that the river study would be so long in its development. To date, it has not been finalized and we have been seriously hampered in the development of this property by waiting,as you all know the mortgage market and the avilability of finances have made this an extremely difficult project at best at this time. We are requesting that the C-4 property be rezoned to R-4, or in the alternative that the southerly 387 ft. of the site be rezoned to R-4, and I will explain why we would appreciate that delineation of zoning in just a minute. The re -development of )liami River has not proceeded with any great speed and we feed the project that we propose on this site will enhance the Miami River and will in effect, as much as one project can, speed the re -habilitation of the Miami River. The proposed zoning classification for the Miami River will be W-CR. W-CR is being developed by your planning department with the idea that there would be a type of apartment and marine oriented recreational uses encouraged on the Miami River. The proposal we have, accomplishes just that. This model of the project shows this being Miami River Drive, these being apartment buildings,(indicating) and this being a restaurant adjacent to the river. As you can see, the project is a low -profile type of apartment development. It is something that was developed after a great deal of planning and conferences with the Planning Department and with architects, --landscape and construction archi- tects, ---the proposal would have 99 units and would cover approx- imately 28% of the residential portion of the site. The restaurant along the river would be of wharfy design, one that would be an asset both to the people using the restaurant and also people using the river, it would be attractive and it is a use that is both needed and desirable for the Miami River. The present C-4 zoning permits that use, does not permit the apartment use that would be supplemented by the restaurant. The owners have spent a great 2 SEP 121974 deal of money in developing a design that would take into account the existing landscaping on this site. This was formerly the Tropical Paradise property, it has beautiful trees and landscaping, it has been cleared to the extent necessary to build this project. Much of the landscaping has been left, as much of it as was possible. The recommendation of the Planning Department two yearn ago when this matter first came befoze you was for approval. Since that time they have changed their reccmmendation, and now they recommend denial but I would like to Lead to you their recommendation in its entirety because 1 think you will realize that what they are really saying is they like the project but they don't like the method by which we are asking for approval. They would prefer that this be handled as a planned unit development project, accomplishing the same type of project. The present recommendation is that in spite of the uniquie environmental and locational features possessed by this site, and the applicant's exemplary plans for its development. The requested application should be denied since it would not provide the community for the necessary safeguards to assure its development in accordance with plans. In the interest of promoting and encouraging the unity of development incorporating quality design with a hammock -like site. we recommend the application be processed under the provision of the Planned Area Development ordinance. while we have not had a full opportunity to evaluate the project from the standpoint of the criteria pro- cedures and standards of the Planned Area Dev. provisions, the applicant's proposed plans provide less density than allowed in R-4 district provisiona.Moreover the scale and site planning of the plan reveal an extraordinary effort to careful control its development with :minimums loss to vegetation and existing land forms. The reason of course, that this was not originally applied for under a P.A.D. because there was no such thing two years ago when this application was originally made. The owners need the approval of, to R-4 for this site or part of the site, so they can proceed with a construction of apartments that would a credit to our community, and to them. If the entire site were zoned C-1 or C-2 this would also permit the development as planned. The requirement that there be adequate safeguards in control over the development of the property, I think are more than adequately met by the site plan, the site development approval requirements. This is on the river and as such, the site plan would have to be approved by your Planning Dept. an4 i feel that gives the public the necessary safeguard that P.A.D. would otherwise be providing. There has been a great deal said about the inadequacy of the sewer system serving this site, and I understand that the existing sewer although it is fairly new, is inadequate to serve the site. We would suggest first of all, if it is inadequate,we will simply have to make arrangements to handle the sewerage in some other way that doesn't create a problem. The problem with the sewer that really is extremely irritating and possible for me to understand, is under C-4 we are permitted to put into this property a building having a floor area ratio of 2.0. Under R-4 we will be limited to a floor area ratio of 1.0. What this means is, that we are permitted to put in twice as big a building under the existing zoning than we would be permitted to put under the proposed zoning. The sewer department tells us that they would provide the necessary sewer facility for C-4 use, and what we are really doing is asking for a facility that would use less than one-half the capacity that the C-4 would use. It is impossible for me to understand why they can provide sewerage for an office building, a shopping area, a motel or hospital but they cannot provide it for an apartment when in reality the apartment would use only a fraction of the capacity that would these other C-4 WIMP use. 3 SEP121974 Mr. Korner: The Miami Dade Water and Sower Authority has a rather lenghty schedule of daily rated gallonage* for various occupancies. Mot wishing to belabor the point , it appears clear that based upon that schedule which I would like to submit to the Commission, we would be using about one third of the capacity as we would under a C'4 use. Rev. Gibson: I don't hear too ww.11 sometimes. Did you say that presently you, ----under the present zoning you could build a building that would. ----- Mr. Korner: Under the present to build offices, stores, Rev. Gibson: No, I don't want that triggered my mind is, you said what you are doing. is the argument the usage of the sewers. Mr. Korner: That is correct. C-4 zoning we are permitted to hear that. The thing one of the reasons, against that, this would affect Rev. Gibson: All right, if we do what you are asking us to do, you are saying the constraint will be. ----we would be able to use half rather than the whole, meaning 50%,--it would be reduced to 50% over 100%, is that what you are telling me? Mr. Korner: That is correct. Rev. Gibson: I hear what you are saying. Mr. Korner: In addition to that we would assure the Commission that if the sewer is inadequate, we would provide our own facility which is what is required anywhere, where the *ewer is inadequate. The sewer is not old, it_3s only a couple of years old, I am not sure about its capacity, but your public works department has indicated that the capacity of the sewers is over -taxed., Mayor Ferre: Mr. Southern, would you indicate when he has 10 Minutes left. Mr. Southern City Clerk: He has 9 minutes left. Mayor Ferre: When he has 3 minutes left you'd better let his know. Mr. Korner: C-4 zoning in the City of Miami is one of the most liberal zoning classification that we have. As you can see from this map• the area indicated in the crossed red area, this is the only C-4 area in the area. The nearest C-4 is over here at the shopping center on 22nd. Mayor Ferre: How wide is that lot? Mt. Kerner: The lot is 209 ft. wide in the east -west direction. The lot measures 462 ft. from River Drive to the river on one side, and 624 ft. on the other side. It comprises just under 3 acres. It is one of the few large vacant remaining in this area for development, and this is one of the reasons we feel it be developed with something that is a credit both to the owners and the community. The property immediately east is a hospital and it is zoned R-4. The property immediately south is zoned R-4. The property immediately west is zoned waterfront industrial. We feel that the R-4 zoning is compatible SEP 121974 with everything in the neighborhood,eompatible with neighborhood itself, and will actually be a tremendous improvement over the existing C-4 classification. The owner here is in effect asking for a toning roll -back from C-4 to R-4, limiting his overall utility of the property to about 50% of that which is permitted under C-4. The bulk of the building would be considerably re- duced, the lot coverage set -backs and other requirements will be more desirable, will be more restrictive against the property. and provide a better development of the property in the present C-4 zoning. I think with those things in mind, this owner has not only demonstrated a desire to do something that is worth while but it is also fully demonstrated his desire to build a project that is both compatible with the area and one that will be a credit to all of us, including the owner. Thank you. Mayor Ferre: All right, sir, your name and address for the redo rd. Mr. John Massey: My name is John Massey, 1810 N.W. South River Drive, Honorable Mayor and Commissioners. you have been doing an excellent job in trying to improve and preserve the beauty of the Miami River waterfront, for the use and enjoyment of tourist, still our number one industry, and the many citizens of Miami. I have lived here for 50 years and this is still the best place in the world to live. I have traveled throughout the world and I always come back here. Today I represent 40,or 70% out of a possible 56 homeowners, --I have 49 signatures, in the affected area, which is bounded on the north by the 4iami River, on the south by the 836 expressway, on the west by N.N. 22nd Avenue, and a very busy Latin shopping center and apartment house, and on the east by N.N. 17th Avenue which is practically impossible to enter or exit from N.W. llth street. I am sure many of you folks have come across 17th Avenue bridge and cut in that area yourself to try to get over to 22nd. We have had three occasions when fire trucks could not get through that area. Out of the 16 people that did not sign the petitions I have, 6 are in rental units, 8 were out of town, one was Mr. Kagan, and the other was the owner of the monstrosity called a condominium, that was recently completed at N.W. 19th Avenue, and N.N. South River Drive across from Mr. Kegan's junk yard. I realize you people are familiar with the previous zoning attempts and transactions. I think Mt. Korner has made a slight mistake in some of his statements here, so I would like b review this with you. On May 8, 1972 Mr. Korner appeared before the Zoning Board in behalf of Mr. Kagan. The Zoning Board recommended a rezoning to R-3, low density multiple, not R-4. Maybe I mis-heard him when he said R-4 a while ago, but it is actually R-3. On June 15, 1972 an appeal was made to the City Commission by Mr. Korner in behalf of Mr. Robert Jimenez, not Mr. Kegan, to try to get the zoning changed to R-4. The City Commission referred the matter back to the zoning Board,on June 17, 1974 Mr. Korner again appeared before the Zoning Board with architectural renderings and models showing the proposed, 100 plus or minus, ----he says 99 apartment units, which you saw the beautiful model here, I too am an engineer, architect, and I have done many things like this myself. After extensive discussion and debate from property owners, the Zoning Board on a 7 to 0 vote deferred action pending a written report on the availability of sewers. The Board also suggested that Mr. Korner could file a P.A.D. for consideration. This could possibly lock the construction and exact plans. R-4 zoning as such, without an approved P.A.D. would permit the owner 5 SE P 121974 to build up to a 20 atofy apartment and create a possible Concrete jungle in a place of natural beauty. At that time lfr. corner made a passionate plea for the Zoning Board to make a negative recommendation to you the City Commission, ---- quote. Mr. Korner---"there is an old adage in the law that justice delayed, is justice denied." .luatice for whom, Mr. Kegan, 40 neighboring property owners, and the other residents of Miami? On July 10. 1974 the Dept. of Public works informed Mr. Korner and Mr. Simpson as follows: --The development of the proposed 99 unit apartment building would generate more sewage than our design allows. The sewer system does not have sufficient capacity to serve this apartment building. Mr. Korner says other arrangements can be made. Many of you have been near on -site sewage disposal or at one time he suggested the possibility of putting a holding basin. Folks, this is one big cesspool: I have used a cesspool at some times in my life in Florida, but I would sure hate to do that again. Possibly in the new develop- ment that they have they will have a coordinator for bath and toilet flushing. Or maybe we could do like some cities in the north, like the used to do here, just dump the sewage in the river. Mayor Ferre: Mr. Massey, excuse me, I want to remind you have taken up 5 minutes of the 20 minutes allocated to your side. Mr. Massey: I am closing now. On July 15 or 16, Mr. Korner once again petitioned for a change from C-4 to R-4 zoning, no P.A.D. study was submitted for approval. The vote was 7 to 0 for denial of the zoning change. Now, Honorable Mayor and Commissioners, the monkey has been passed back to you. Based on the lack of adequate sanitary facilities, lack of adequate ingress and egress, your Planning Department's recommendation, your Zoning Department's recommendation, and the petitions and recommendations of 70% of the possibly affected property owners, we appeal to your good civic judgement to deny the petition from C-4 to R-4. Bach of us in business at some times makes an investment from which we cannot obtain our anticipated profits. Sometimes we even lose money. In order to keep Mr. Kagan from losing money, 70% of the property owners would like to recommend that the City of Miami consider purchasing this property from Mr. Kegan as a future park. This way the river could be maintained, enhanced and enjoyed by many. Thank you. Mayor Ferre: How much time have we left? Mr. Southern, City Clerk:---14 minutes. Mayor Ferro: Stop the clock while the speaker comes up. Mrs. Brenda Halessl am Mrs. Brenda Hales, 1901 N.W. 14th Street. Let me say I am not good at speaking. I am representing some of my neighbors. I have lots 20 and 21, my home is built on those two lots. The main thing that upsets me is the idea of a restaurant, the apartment house does not bother me that much. I think it will be very beautiful. It has not been very pretty across there, but as you can see, I am right there looking at it, and my back yard is where we live. Mayor Ferro: Are you saying if they didn't have a restaurant then you wouldn't object. Mrs. dales: I would have no objections, and i think I can speak for the lady at the next three lots down. 6 SEP 121974 Mr..Olumner: Mr. Mayor I think we had better. so we don't have a law suit, Mr. Lloyd I think you had better inform these people of the new state law that says before a Commission such as this, you cannot represent anyone but yourself, only an attorney.only an attorney can represent someone else. You can surrender petitions, but you can only speak for yourself. Mayor Ferre: So we get our procedures straight, we have a new toy here, see these little lights, we have a clock, because what has been happening in the past, is that we suppose to start at 9 o'clock, and it is a 10 or 15 minute item like this one, and it lasts an hour, then we end up working here till 10:00 o'clock at night, and sometimes work right through lunch and have a sandwich right up here, and in fairness to the public and the Commission, we have put these time mechanisms to try to speed things up and allocate time to these issues. The way we are going to do it, whenever a Commissioner asks a question, or some legal advice sought, or the Manager or someone other than the speaker, you stop the clock because that is not fair to the speaker. And that would be true of course to the other side. Mrs. Gordon: Mr. Simpson would you point to the residents lady, ----the speaker, ----she is across the channel. Mr. Plummer: She is an objector, and she is objecting to the restaurant, so I think it is reasonably right. Mayor Ferre: We understand, and will take that into account. Mrs. Bales: I want to say the restaurant is the one think I objected to. It is right there in my back yard. Mayor Ferre: Thank you very much. Mrs. Gordon: May I make a statement for the information of the objectors. C-4 zoning permits restaurants as I under- stand it. Am I right Mr. Acton, ---will you answer the question? Mr. Acton: Well, no it does not permit restaurants as proposed but it does permit hotels, ---- Mrs. Gordon: I didn't say as proposed, but in the broad category. Mr. Acton:----right,as an accessory use as a hotel, -- Mayor Ferre: The answer is yes, Mr. Acton, C-4 does permit restaurants. Yes, or No, does C-4 allow restaurants? Mr. Acton: As a conditional use, yes. Mr. Simpson: Yes, C-4 does permit a restaurant. Mayor Ferre: Next speaker, ----Ann Brown. How much time do we have left. Mr. Ongie, Asst. City Clerk:---12 minutes, ---- Mayor Ferre: Will you keep that into account as you speak. Ann Brown: Thi• is going to be very brief. My name is 7 SEP1219 4 Ann Brown, block 28, 2000 I.W. 13th Street. 2 just want to say I like living in Miami, I like living on the water, 1 think it is time this town started thinking about quality instead 6f quantity. The only way 1 would 4rprove,--have) any approval of a zoning change on this property, which is a beautiful piece of property, would be if these people would go with P.A.D. where they could be locked in on what they are going to do. We have no guarantees that they are not going in there and plow,ail thcme trees down, and put a 20 story building. I just want some guarantees. 1 don't think the traffic can handle it, and 1 don't think the sewage can handle it. It is a bag of worms to get through that street right now. as it is. If you put in 100 units it will be incredible. Thank you very much. Mr. Plummer: Mr. Mayor I compliment you sir, for trying to implement a system, and I am not going to force it now. but Mr. Mayor you made a statement before, if you don't sign your name you are not going to speak. I hope from this item on you will enforce that law, and hold to it. Jennie Howard: Thank you, I am Jennie Howard. 1121 N.W. 18th Place, I am almost at the corner, where this project will be initiated. I almost can't get out of my street now to go to work because of the traffic. The traffic funnels from 27th avenue to 17th Street, with the addition of 99 more families and all their cars, wo will never get out of our street to go to work. Mayor Terre: Thank you very much. Are there questions from the Commission. Mr. Plummer: Yes, I would like to ask Bob a question. Why didn't you go the route .3f P.A.D.? Mr. Corner: Well, originally, there was no such thing as P.A.D. Mr. Plummer: But there is now. Mr. Korner: We have less than 3 acres. P A.D. requires 3 acres . We were not told until 18 months,---20 months later, that maybe an exception could be made for the 3 acre requirement. Also, we have spent a great deal of time and effort on the plans and in the application, and we would like not to scrap it, and start over again. Jtist the application fee itself would cost several thousand dollars, as well as delaying it about 6 to 9 months, and after all the delay to this point, we felt both time and money required us to go forward with our R-4, and also the fact that now there is a site development approval required. We felt that would supplant the otherwise P.A.D. approach. Whe4' we want to do is good, and we want to work something out that we can have some assurance that we can go forward with. This is our reason for not backing up and starting all over again. Mr. Plummer: Mr. Simpson, if he were to withdraw this item, or defer it, could he alter it without further fees to a P.A.D. Mr. Simpson: No, sirr -- Rev. Gibson; What was the question J.L. Mr. Plummer: If he were to withdraw this item today or defer it, could he change to a P.A.D. without further fees? SEP121974 Mr..Plu[mmer: That was the question and the answer was ice►. Dave, one final question, he said he cannot qualify for a P.A.D. Is there any vehicle within that he could qualify or is it a minimum of three acres? Mt. Simpson: The ordinance states a minimum of three acres, but then it leaves an opening where the Planning Dept. can evaluate this site, and arrive at a determination that it is a unique site because of topography, or location on the river. I can't say they would arrive at that decision, but based upon their previous recommendation they deferred it. Mr. Plummer: So there is en avenue, ---that conceivably.. he could come under a P.A.D. Mr. Simpson: Yes, ---- NV. Acton: We had recommended to the applicant that he pursue R-4, P.A.D. Mr. Plummer: Let me ask one other question, trying to go every route we can. It is within the purview of this Commission to give something less than the request. The recommendation of the department is for something less than the request. Is it within the legal framework of this Commission today, to grant something less than what he is requesting? Mr. Simpson: Mr. Plummer even though you have before you a set of plans, and ---- Mr. Plummer: That means nothing. Mr. Simpson: I know, but the purpose of a P.A.D. is to evaluate the proposal under the P.A.D. making whatever modifications that might be necessary. I don't know, you might ask Z. Acton if they have pursued this particular proposal. Mr. Plummer: I hope Mr. Acton has pursued it, if he has recommended it. Mr. Simpson: I would say that it should be subjected to the proper advertisement and public hearing before such action is taken. Mr. Plummer: What I am trying to say Dave is this, there is no question that Mr. Korner has been hemmed in by certain things and studies that have been performed. I don't think that he should be subjected to additional fees if this Commission is trying to obtain a certain goal. This application cane 18 months ago I am told, all right, 24 months ago, and he has been held up because of that kind of study and things of that nature, and I don't think it right that if he choses to go the P.A.D. that he should be subjected to additional fees. Do you understand my question Dave? I don't want to confuse you with the facts, ----- Mr. Simpson: What is the question? Mr. Plummer: The question is, is it possible that since the department has recommended P.A.D. on an R-4, that this item could be deferred and this commission having the purview of giving something less than the request, that he would not have to pay additional fees. That is the question. Mr. Simpson: Directed by this City Conmiission, yes, sir. 9 SEP 121974 Mt.. FluMmer: is it within the legal framework of what the City Commission. -- Mks Simpson: 1 defer to the City Attorney. Mr. Plummer: Let me tell the objectors exactly what is in the back of J.L.'s mind. That C-4 zoning that is presently applied, could be just a complete ruination of that neighborhood. You shake your head No, sir, but I have to tell you I have seen it, we have witnesseed it, and it can happen. Mayor Ferre: I want to point out we are getting close to 10:00 o'clock. Mr. Lloyd: You want me to explain this? Mr. Plummer: Just a simple Yes or No, and then if we have to get to an explanation, go from there, ----yes or no. Mr. Lloyd: We think there is a possible way that it can be done. Mr. Plummer: Thank you. Mrs. Gordon: The proposal that you have, how many stories are those buildings. Mk. Korner: much of the parking is under ground and the buildings themselves are three levels above the under ground parking, it is four levels, but one level is under ground, three levels above grade. Mrs. Gordon: And the restaurant portion you are referring to, where would that be located? NW. Korner: That is located next to the water right on the river, and :it is the structure at this end of it. Mrs. Gordon: Another thing that is interesting to me, is what is your timetable on development? Mr. Korner: Now we are two years behind schedule. Mrs. Gordon: I don't mean that, if you were to receive this granting, what would be your timetable for development? Mr. Korner: We have lost our committmente and financing, we will have to start over again. I can't give you a tiaas,we have to start over again with financingat this point, and as you know that can be a problem in today's market. Mr. Plummer: Nr. Mayor just for the record, let it reflect that the Manager informs me that what could be done is that the fees that they have already paid would be applied to any additional fee if'they applied under the P.A.D. if it is either withdrawn or deferred. It they take a denial they start all over. Mr. Massey: Sven if they submit the P.A.D. we still have not resolved the traffic situation or the sewer problem 10 SEP 121974 unless there are plena for the City to put a tunnel under the river, --I think this is not a very adequate project either way. Thank yot.. Mrs. cordons Am 1 wrong, --I'd like to ask of the Department. as far as the sewer problem, those are situations that they would have to get approval, wouldn't they from the authorities who deal with pollution control, is that right? We are not really dealing with that matter. We don't issue permits for the pollution control. Mr. Massey: I realize that Mrs. Gordon, but you already have a document by your planning committee that says they are not adequate. We pay these people to do things like that. Rev: Gibson: Mr. Mayor, what really bothers me is what I heard this man say earlier. Did you say you were an engineer? Mr. Massey: Yes, I am, --- Rev. Gibson: Okay, listen, the man says under the present zoning, he could build 100%. What he is asking us to do, is in lieu of 100%, 50%, you agree with that? Mr. Massey: Actually some of his statements, ---- Rev. Gibson: No, no, I am not worried about some of his statements , I want to be specific. He says 50%r--- he wants 50%, under the law he could build 100%. Tell me, respond to that. Mr. Massey: Re could build a commercial building there but he cannot rent a commercial building. Let's br practical about it. • Rev. Gibson: All right what are you asking us to do, to confiscate his property? Mr. Massey: All I am asking sir, is you consider the R-3 zoning that was originally suggested by the zoning Board, two years ago, or possibly consider as I said,the purchase of the property as a park. The 99 units cannot be handled. This what they say. Mrs. Gordon: Mr. Acton, does R-3A zoning permit this type of development with regsrd to the combination of use? • Mc. Acton: No. Mrs. Gordon: Dam R-3A permit this kind of development for the apartment portion only? Mr. Acton: Ro, the R-3A is restricted at the present time to a two-story height limitation ,---- two stories with parking underneath. What Mr. Korner said is that they are planning on 3 story buildings with parking underneath. Let me explain to the Commission that one of the objectives the department has in any kind of development on this site would be the preservation of the beautiful hammock -like setting, which means if you apply R•3 for instance, the lot coverage, which I believe is restricted to 30%, would probably wind up, because of the fact, the height also is restricted to two stories, would mean that much of the site would have to be destroyed to put in the necessary parking. 11 SEP 121974 Mr. Acton: The R-4 allows more latitude in terms of More height. Mrs. Gordon: I understand that, but we have no way that I know of to control this development. 1 personally, I speak for myself, and I'd like to tell all the objectors, I cannot sec C-4 zoning remaining in that area, because it would permit paint and body shops, muffler shops, garages, all kinds of obnoxious uses, and let me say that I personally would like to see the river up -graded. I would like to see our river comparable to San Antonio where I visited about four months ago. It is beautiful, people dine on the waterfront, it is terraced, it is lovely. People like myself coming from here and seeing the kind of riverfront we have, are just delighted. Unless be begin somewhere to up -grade the river, we are going to get nowhere. Mayor Ferre: I agree, let's go. Mrs. Gordon: I am not saying because I am not really sure what be, but I feel we have to step in in zoning, and put some controls I approve of his development his development is going to the direction of a change on it. Mr. Korner: To Met the :record straight. I did not appear at the Planning Board'meeting of May 8th, the Planning Department at that meeting did recommend approval of R-4, the Planning Board recommended to the Commission approval of R-3, but the Planning Department recommendation was approval at that time. I would suggest that the two real objections that seem to be made here, one is sewer and the other is traffic, in both cases the proposed development and the proposed rezoning to R-4 would reduce the sewer requirements and would reduce to a small fraction, reduce the traffic requirements. Many of the uses permitted in C-4 would have tremendous traffic requirements and we feel the R-4 would certainly limit that. As far as Mrs. Hales request that a restaurant not go there rezoning it to R-4 would eliminate a restaurant the present C-4 zoning does permit a restaurant, in closing we would ask the property be rezoned to R-4 with site plan approval as is now required on properties adjacent to the river. Mrs. Gordon: I wanted to say something to Mr. Korner , the site plan approval concept that you say is not the same as the PUD, because in the PUD we can tell vJu what changes we want and the kind of development we need, but under the site plan approval of riverfront property it is not quite the same thing. Mr. Acton would you please explain the difference so people, ---- Mayor Ferre: Not now, Rose, Mrs. Gordon: It will only take a minutes, but it is important to clarify the point. Mayor Ferrel You clarify it after we have made a motion one way or the other, if you would pleaee, Mr. Acton. I am sure he knows what it is, you clarify it later on. We have to move on. Let's make the motions, whatever they may be. Mrs. Gordon: The motion I'd entertain at this point is a deferment, and get this thing clarified. Mayor Ferre: Thera is a motion and second to defer. Further discussion on this item. Do you understand the intent? 12 SEP 121974 • • Mayor Ferre: You don't understand? The intent is, that this thing is not going to be approved as I rea3 it. what the intent is for you to go, to a P.A.D. approach to this thing Where the department will have more control on what you are going to end up with. Mrs. Gnedon I think, spoke the consensus of this Commission, and that is, that the property is not going to remain C-4 and the best use for it would be in some sort of residential beautified improved way, but not on an open end deal. Is that clear? Any objections to what I said? We have a motion and second. call the roll. Thereupon a motion to defer the matter was introduced by Mrs. Gordon, sego nded by Mr. Plummer, and was passed and adopted by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. 2, RECEIVE SEALED BIDS - GLEN ROYAL SANITARY SEWER IMPROVEMENT S R 5374-AND SR-5374-S Mayor Ferre: Is there a motion to received the bids? Thereupon the following motion was introduced by Mrs. Gordon who moved its adoption: LOTION NO. 74-967 :A MOTION TO RECEIVE SEALED BIDS FOR CONSTRUCTION OF GLENROYAL SANITARY SEWER IMPROVEMENT SR-5374-C (CENTERLINE SEWER) AND SR-5374-S (SIDELINE SEWER) Upon being seconded by Rev. 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. Bids were received from the following: Goodwin, Inc. Sullivan Long Hagerty, Paul N. Howard Co. BAC Construction Inc. 3, REQUEST TO CHANGE ZONING CLASSIFICATION TRACT 1 8 LOTS 5, -6, 7, .8 -BLACK 3 .- LARSH SUBDIVISION Mayor Ferre: The applicants want this item postponed or deferred. Are any objections to Item 4 present? Does anybody have any objection that this be deferred? Mr. Plummer: Mr. Mayor I have no objection to it being deferred if the deferment is going to accomplish something and I would hope since this is a like circumstance to item 3, the same stipulations would be given to Item 4 that they like- wise would go and try to work with the department. Mayor Ferre: It is going to take 5 or 10 minutes of discussion so it will have to wait. Unidentified person: That is the intention. We would go back to the departments, work with the departments, my clients who are absent today, which include Dr. Bernardo Benes and Charles have indicated tha desire to do that. Mayor Ferre: Fine. Doss anybody have any objection to that? 13 SEP 121974 • • Unidentified person: tt is very difficult for most of WI to get down here to these meetings in the daytime, and many of take a day of our vacation, but really don't want to spend our vacation down here. Mr. Plummer: Mr. Mayor I think he makes a good point and 1 think a point to the department and to the Manager. that when these items come back up, they both come up at the same time. Victoria Seigler: My name is Victoria Seigler, i live at 690 S. 3Sth Street, if you do defer it will you put up notices of hearing again? Mayor Ferre: Yes, of course, we do that. Thereupon a notion to defer the item was introduced by W. Plummmer, seconded by Rev. Gibson, and was passed and adopted by the following vote - AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboeo, Rev. Gibson and Mayor Ferre. NOES: None. 4, PERSONAL APPEARANCE - REPRESENTATIVES OF COMMUNITY RELATIONS BOARD Mr. Robert Simms: Thank you Mr. Mayor, as a humble servant of the taxpayers of this community, I would yield to those who have given their time to serve and make this a better place for all of us, so if you will, sir i would like to present Mr. Esteves, Rev. , Rev. Ferguson with Mrs. Love who will present the C.R.B. 's concerns. Member of Comm. Relations Board: I am a member or the Community Relations Board, and we have come as a special committee to present this statement which is a modification of a previous plan that we had but we offer this to City Council at this time. --- Mayor Ferre: All right. Member of Comm. Relations Board: --to the City Commission. Our appearance here today has been modified by a discussion this morning with Chief Garmire and with the City Manager. Because of the continuing interest of.C.R.B. however we feel it is imperative that our concern for law and order especially as it relates to police conduct while on official duty be registered with this Commission, today, we would like for you to know that we are very much concerned with the situations that exist around us. We wish further to say that we support Chief Garmire and the efforts he is making to develop a more sensitive response to a community that is already polarized by its inherent, ---and we use this word quite fully,--tri-ethnicity,---it wouldn't come,---tri-ethnicity is what we are trying to say, and for those who might not under- stand it, we do have a conglomerate community, with various stripes of people who are concerned about the level of law enforcement and its effects upon our ethnic groupings. Thank you very much, sir, this is our statement for the day, we recognize that it is not complete, we are not at this time making any proposal or recommendation except we would like for the Commission to know our interest is deep, and we are pursuing with vigor whatever we can, as a Board of this Metropolitan area, to see that changes are made in this regard. Thank you, Mr. Mayor. 14 SEP 121974 Mayor Ferre:.All right. Reverend. Are there any questions on the part of the members of the Commission. Mr, Plummer: Mr. Mayor I concur with the type of reasoning that has just been proffered, that we all are concerned. I think your statement today is within reason, I think we all are looking to final outcome and we hope that nothing ever happens that some good doesn't come out of, and I think this kind of reasoning will only lead to a better community in which to live. Rev. Gibson: I have some real musole problems. Just to make a statement like that is not good enough for me. It is a good statement but it doesn't say why you cane. There must be an urgency why you are here so you want to say this took place, we are not judgemental, ---I don't buy what you said just so, Member of Comm. Relations Board: We decided that we would not make the kind of full statement that eventually we can and will make. In the light of our conversation with the Chief of Police, this morning, considerable interest was given to the C.R.B.'s concern and our intended expression but in the light of the sincere, genuine, and we believe dedicated efforts of the Chief of Police. We have not made any further statement at this time, but we can assure you that we are very much exercised about the state of affairs as they have been expressed to us by members of the community especially the minority type groups and because of situations that seemingly continuously occur as far as police conduct is concerned. Mayor Ferre: All right, sir, Mr. Lopez, is this subject related to this item? Mr. Aurelio Lopez: My name is Aurelio Lopez, I would like to make a small statement that, ----I know why they are here, they are in relation to things that happen in the community, my community is really concerned with this problem also, and we are talking about harassment and police brutality in certain cases. I would like to make a statement, what I would like to see done is, other groups get invited to participate in this so we can also express our concern. Mayor Ferre: I would recommend to Mr. Simms, that you talk to Aurelio Lopez, and I think the C.R.B. is the proper vehicle to voice all minorities' feelings on this. I think it would be appropriate for Mr. Lopez and you to get together, and I recommend that. Mr. Simms: If I may sir, I surely accept that and I am sure Mr. Lopez and Mr. Hosea Molinas and the Board can work that out. I do want to indicate that our Board does reflect the true composition of this Community. We do have representatives from the Community of which Mr. Lopez. refers on our Board. And T think in the true spirit of Rev. statement we will come back to you at a later date. Mayor Ferre: Wmuld anybody else like to make a statement at this time? I would like to say the following, to all of you, we have, like all major problems, --we have a two -fold balanced problem when we have a left side and right side, -- there are always two sides to everything. We have a very complicated situation. I don't think we are unique. There are 15 SEP 121974 a police departments in the U.S. that are plagued with increasing crime. Crime is increasing at an alarming pace all over the country. We saw the figues on Dade County last week. On the other hand we have the internal problems that may arise from time to time in the police department, for many, many reasons not the lease of which the pressures that are placed upon police departments because of increased crime and lack of sufficient resources to combat the problem and the other problems that we know that are inherent and come with this whether they be morale problems etc. I am speaking for myself, and I know I am speaking for everyone on this Commission, and I know for the administration, we are doing our very best, that we are very concerned, we don't do things as quickly perhaps as we need to do them. The Manager was requested to make a report from 30 to 60 days, on May•24th, as you can tell by the calendar we are about 45 days beyond that right now. We have been away during the month of August, these are budget hearings and, the Manager has to struggle with them. so we have had to be understanding, and the Manager has promised me that soon as the budget hearings are over, we will address ourselves to his report of which he was supposed to make from 30 to 60 days, ---we have not forgotten, this is not an unconscious act, it is one of trying to be understanding and to solve all the problems. It is also important to eliminate the concept of of personalities. We don't want names attached to any of these things. We are not after any one person, individuals are not involved by names, just by functions, and by the relationship as it has to the community over-all. There are lot of problems, for example, and the Chief can talk to it if he wishes at this point. Do you know that the black force in the Police dept. has gone down over 15% this year. In other words we have gone down from about 90 Black people on the police dept. to 70. Now there may be good reasons for this, I am sure there are good reasons, but these are all the things the Manager is going to have to address himself to when he gives us his report. We have had problems which i think are now worked out with an LEAA grant for minorities. These are being ironed out. I think this is going to be a very important factor. We are in the middle of trying to work out a budget where we have to add 40 additional people, and we have to find the money or cut that program out. and these are the things we are wrestling with now. This Commission is not unconscious of its responsibility and we well recognize that when it all comes down to it, it isn't the Chief or the Manager who holds the final responsibility, it is this Commission who sate the policy and who decides the direction that this City is to take. We are well aware of it, and we thank you very much for your interest. We want you to be mindful, Mr. Sinus that we are not unmindful of the problem. Person: Unidentified :Thank you very much Mr. Mayor, and we would like for you to note for certain that C.R.B. is doing depth research in these matters so that we too can present responsible attitudes and proposals for the changing of these things for a favorable situation. Thank you very much for hearing us. Mayor Ferre: Thank you very much, Reverend. Mr. Plummer: Before Mrs. Virrick, I'll just take one minute, Mr. Manager I am going to recommend two things to you, No. 1. you either get some filters for these lights or 'take them out, and No. 2, the complaint of the T.V. people I think can easily resolved if you take these podiums and turn them completely sideways, facing each other. Their complaint was 16 SEP1.21974 that they could not photograph the speaker at the podium, so if you would have somebody move the podiums sideways, which we cam still see the speaker. and their cameras Can see the speaker, but for God's sake do something with these lights, and 1 ask of the press, if you are not shooting, turn those lights off, they are brutal. Mr. Crouch you have a switch over there, I know you do, ---thank you. Mayor Ferre:NYou mg waive to us when you want the lights on. I know it is hard on you people with the cameras but after 15 minutes un2er those lights, --today we will be here 12 hours. Think about us a little bit. 5, PERSONAL APPEARANCE- ELIZAIJETH VI RRI CK RE COCONUT GROVE EAMLLY_ _CL_ JILC Mrs. Elizabeth Virrick: Mr. Mayor, Mr. Charles Jackson. the Administrator of the Family Health Clinic is going to give you the background and then I'll say a few words at the end if I may. 4 Mr. Charles Jackson: I am Charles Jackson , Administrator of the Coconut Grove Health Clinic. I'll be very brief, --of course the background of the Clinic that started back in 1970 with concerned citizens of the Coconut Grove area concerning health care services for Coconut Grove residents. Since that time, ----and of course we were granted space in the Elizabeth Virrick Park, a little building in the back. Since that time, we have provided services for over 13,000 patient visits. However. at this point in time, we are busting out of the seams of the little building, plus we would like to again provide comprehensive health care services with emphasis on preventive health care. On yesterday, September 11, 1974 I submitted to the Mayor Commissioners as well as the Vice -Mayor's o:;fice, the full space allocation for Coconut Grove Family Clinic, which the Board is proposing to hopefully to request space, additional space, in the Theodore Gibson Building that was one time used by Dade County Administrative Office, of the E.O.P.I. section. Again I'll be very brief because the information that I would normally been discussing we prepared it for you to possibly critique. Mrs. Virrick,---- Mrs. Virrick: In brief, the Family Health Clinic, which Father Gibson and I got started some two years ago, is in that little tiny building, it is suffering from lack of space, we have been worried that any day the people who hold the clinic and that is the University of Miami Medical School faculty and graduate students and the Dade County Health Department, hold the clinics there, and we have been afraid that they would give up because the space is so limited. They don't even have a place to put their stock of medicines. We are now applying for a H.E.W. grant, and are given to understand that if we can have adequate space, the grant will be aw,:cded. So we 0,110 to you this morning asking you to give us the unused space in the large building in the park, that noone is :;sing, it will not interfere with zany use of other parts of the building and we really need it badly, because the service we are giving is vital to the community, as you probably know. Mr. Plummer: Let's hear from the Manager, I think he is the one to speak to it, ----Pall? Mr. Andrews: We have looked into this matter from the 17 SEP iZ1974 adeinistrative point of view. There is no objection, however wwe Set down certain criteria that we ask that you follow, Mrs. Virrick, and 'One of those was to get a written letter which I could present to the City Commission from the Senior Citizens group that there would not be any conflict in the use of the building as a result of the two, we have not received that as yet. Do you know if that is forth coming? Mrs. Virrick: The only thing I know is that Mr. Jackson had very enthusiastic support from the senior citizens, when he first started this, but recently somebody has spread the word around that we want to use their part of the building which is not true, therefore they are opposing itr---they are opposing it on a premise that is not true, Mr. Andrews; Well. I can say this, Mr. Mayor and members of the Commission, I would be glad to meet with Mrs. Virrick, and representatives of the senior citizens, and if there is no problem, then you wish to predicate your decision based on that, go ahead. Mayor Ferre: Is that reasonable, thee, you would meet with the Manager, and then come back to the commission. Mr. Plummer: Not acceptable to me, let's make a motion today approving it to the subject of the Manager's entering into the picture, looking over the situation, and it being approved by this Commission subject to his approval. Mayor Ferre: There is a motion and second, ---Commission Gordon has a question, then I'll recognize you. then Mrs. Virrick. Mrs. Gordon: Mrs. Virrick, you want to operate the expanded facility in the main building, as I understand it, I haven't been to inspect it recently, there are several buildings on the property that could be used. Rev. Gibson: They are either moved, or in the process of being moved. Mrs. Virrick: You mean those buildings are going to be demolished, those two homes? Rev. Gibson: They are going to be moved. Mrs. Gordon: Moved to where? Rev. Gibson: I don't know. Mr. Crouch: Those two homes have been sold and will be moved, they are in the process of being moved. Mrs. Gordon: Wouldn't that have been a good idea to put this family health facility in its own private house ? Mr. Crouch: It would not be in keeping with the plans for the parks development and recreational facilities. Mrs. Gordon: It is too late,you have already sold than you say. What a shame. 18 S E P :1 21974 Jean Allen: My name is Jean Allen, I am a senior health planner with the Health Planning Council here in town. The health Planning Council as you may be aware, is a non-profit volunteer agency that sets health goals for the community, and then helps the community to meet those goals. One thing the Health Planning Council has been very much in favor of, With primary health services such as the Coconut Grove Clinic, ie, we have been in favor of neighbox od based health services, such as the Coconut Grove clinic, which have community boards with policy making authority over all aspects of the programs. We have worked with the Coconut Grove family clinic, and with the County, relative to a fa4cility that the County is opening in Coconut Grove, the Intergrated Service Delivery System which you may know about. The County has discussed in the past operating health services out of that .facility, which is the former grocery store on the corner of Douglas Road and U.S. #1. Question I would ask to be considered, one is, if the County decides to put health services into the building, at the corner of Douglas Road and U.S. 1, what impact will that have on the Coconut Grove Clinic? Will there be duplication of services, in that there will be two groups operating services in Coconut Grove. Secondly, if the County operates services in this new facility, will the Health Department move from the Coconut Grove Clinic to the new facility, what impact will that have on the Coconut Grove Clinic? Thirdly or fourthly, is the question about who will renovate the facility, the Theodore Gibson facility in the park if they are allowed to move to operate health services. Thank you. Rev. Gibson: Mr. Mayor I want to speak to this. Some months ago, the Metropolitan Dade County came down here and made promises to us. They haven't done one doggoned thing about their promises nor commitments. You are talking about what you may do, and what you hope to do, these people are already doing, --they exist. These people are the ones with the ideas, the ones who came up with the neighborhood services, and that is how we are where we are. I need to tell this Commission, that Metropolitan Dade County was represented by Mr. Dixon, and I want to tell you this, all we got was a lot of promises, and never action or delivery. And I am going to say to the Board, you ought to vote, give them that space, let them use it, then we will deal with it when that time comes. While we are here talking and planning and carrying on, the people are suffering. I think the Board ought to vote right now. Mayor Ferre: The motion as I heard Mr. Plummer make, seconded by Father Gibson is, that we approve this, subject to the final negotiation by the Administration, is that right? Mr. Plunm►er: Correct, Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-968 A MOTION APPROVING IN PRINCIPLE TIIE RE- QUEST OF THE COCONUT GROVE FAMILY CLINIC FOR ADDITIONAL SPACE IN THE MAIN BUILDING AT ELIZABETH VIRRICK PARK, SUBJECT TO NEGOTIATIONS WITH AND APPROVAL OF THE CITY MANAGER 19 SEP 121974 • 0pon being seconded by Rev. Gibbon, the motion was passad and adopted by the following vote - AYES: Mr. Plummer, Mr. Reboot), Rev. Gibson, Mrs. Gordon, Mayor Ferree NOES: None. Rev. Gibson: I hope this commission will never let it Ae said that that building belongs to the senior citizens. that building belongs to the public. I know what you don't ki w, Nose, and you see I live with the problem. Mrs. Gordon: Well, tell me what I don't know, then I'll know. Rev. Gibson: You see me after the meeting, we don't want to consume the time of the Commission here, but I am going to tell you something, you can't afford to have a publicly owned building and only the senior citizens control it. I am going to leave it :at that, Mr. Manager, in the negotiating process you are aware that that is there. Mrs. Gordon: Let me remind everybody that Legion Park is designated for seniors, so we have done it before. We supply the needs. Rev. Gibson: That park isn't designated for senior citizens. Mrs. Virrick: We want Father Gibsons help in these negotiations, please. Rev. Gibson: I'll be delighted to be there. 6. AIRPORT CORCIAL DISTRICT PROPOSED ORDINANCE AMENDMENTS prscusSiON AND DEFERRAL TO OCTOBER 16 AT GRAPELAND HEIGHTS Mayor Ferre: Let's take up Item 7, an Ordinance amending C-A airport commercial district, the Planning Department recommended approval, the Advisory Board 7 to 0 recommended an amendment to the Zoning ordinance. I'd like to say, Mr. Acton, before you say anything else, or say the first word, I see members of the Grapeland Heights Assoc. that are here. I made a commitment, it was made a part of the public records on two occasions before this City Commission, and was concurred on by all of the Commissioners, that we were not going to hear this item, ---Mr. Andrews, --we were not going to hear this item unless we gave the people of Grapeland Heights at Stephen P. Clark Community Building in Grapeland Heights the opportunity to listen to our deliberations,express their opinions, and we were going to have a meeting there. I see it is on the agenda today, I'd like to know why. Mr. Plummer: I can tell you the reason why, ----Paul is a big boy and can fight for himself, Mr. Mayor 1 was with you that evening that the commitment was made, and when you made it, you made it for yourself and for me, and I can tell you the reason the faux -pas has occured is, Mr. Andrews was not present at that meeting, and there is a break -down in communisations. Mayor Ferre: Paul I don't want to be critical, but it was stated right here, if you go back to the agenda of the previous meeting, Andy, you remember that we made the statement 20 SEP 121974 • right here, Jasper Andre was here, and other people, Hector Marion was here, and we made a ataternent right herewe wbuld not finalize on this item until the people of Grapeland Heights had the opportunity to hear it and discuss it. 'You Were here when that statement was Made. Mr. Plummer: Mr. Mayor, i make a motion at this time that this item be deferred and aak that the City Manager give us a date at this time for a Town Hall meeting where this item can be heard. Mr. Manager what do you prefer, sir? Mr. Andrews: I suggest you hold this after the month of September and that the Commission pick a date convenient as early as possible in October. Mr. Plummer: Mr. Manor, I make a motion that this item be deferred until the town Hall meeting at Grapeland Heights can be held on the 3rd oZ October, at 7 PM at which time the Commission will come back and take final action. Mayor Ferre: Are there eny objections to that? Mrs. Gordon: Can we check our caleEndars before the date is set. Mayor Ferre: In keeping with our policy, Rose of having these Zbwn Hall meetings, we have had one so far, outside of thee chambers. Mr. Plummer: What? Mayor Ferre: I am talking about Town Hall meetings of which we have had 12, --I am talking about Town Hall -Commission Meetings where we deliberate part of the agenda. Mr. Plummer: That was not the intention of my motion. My motion was that we have a Town Hall meeting and that after the conclusion it come back here to this Commission for its normal public hearing and decision. Mr. Andrews: Unless you wish to take the meeting of Oct. 10 and have half of that meeting at Grapeland Heights. Mayor Ferre: That is precisely what I was thinking. Mr. Plummer: I see no objection to that. • Mayor Ferre: One of the things we said we were going to do, and we've had one such meeting up at Legion Park, is to take these Commission meetings out to the people where the people live. Mr. Plummer: Mr. Clerk I amend my motion to read that this item be deferred until the afternoon meeting of the 10th of October, such meeting to be held in the Grapeland Heights, in the Stephen Clark auditorium. Mayor Ferre: I am sorry for' -the inconvenience this causes people that own property here. Mr. Abraham: Thank you for allowing me to come before you, I returned from Chicago to attend this meeting. 21 SEP 121974 Mr. Abraham: Unfortunately 1 Will be in Europe on the loth May t respectfully request that we move it up to a date other than that because I am very interested in the project. Mr.Pluer: Mr. Abraham, you are not aware Mrs. Gordon: The second meeting in October, --- Mr. Plummer: Is the 24th agreeable to everyone? Mr. Abraham: The 24th would be fine sir. Mr. Plummer: I amend it once again to Oct. 24 in the afternoon. Mayor Ferre: Are there any objections to that at this time? We will try to schedule it as the last agenda item and the way we run things here, it will be beyond 5. Mr. Abraham: Thank you very much. Mayor Ferre: Let met see if I heard the motion right, the motion is that this matter be postponed until the afternoon meeting of October 24, which will be held at Stephen P. Clark Bldg. in Grapeland Heights to hear both items 7 and 8, is that correct? Rev. Gibson: I second the motion. Thereupon the motion was passed and adopted by the following vote - AYES: Mr. Raboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer Mayor Ferre. NOES: None. APPROVAL OF MODIFICATION -CENTRAL PLAZA SHOPPING PLAZA 3875 , W. 7TH STREET BANK AND OEE QSSTRUUCTURE.EJC. Mayor Ferre: I will now recognize the applicant. Mr. Plummer: Mr. Mayor before Mr. Arboleya starts I think in the interest of brevity, as I read the minutes of the Planning Board, not a single objection was raised. Mayor Ferre: Are there any objectors present today? Mr. Plummer: There's plenty of them. What I was trying to say Mr. Mayor, I don't think there is any objection to the building, at least there was none reflected in the zoning board minutes. The only objection raised by the neighbors was their concern about the Drive -In tellers. Is there someone that disagrees with that or has other opinions. Then we have to hear the whole thing. I was just going to say Mr. Mayor let's speak just to the drive-in tellers but if there are other area then we will go into the whole thing. Mayor Ferre: Mr. Plummer I am glad to see the suffer from the Ferre syndrome also, --make assumptions speaking for somebody else and it doesn't work out. Mayor Ferre: There are some opinions in this town that you already have. 22 SEP 121 74 Mr. Carlos Arboleya: My name is Carlos Arboleya, I live at 1941 SW 23 Street, I am President of the Flagler Bank and I represent Mayday, Inc. in the presentation to this COMMiaeion. This matter has come before the Planning Board previously, and our initial appearance, we are not in agreement with the Planning Department staff, we worked all the differences with the Staff to the point that we are in full agreement with staff, the Zoning Board approved our presentation in a 7 to 0 vote, and to clarify Mr. Mayor and Mr. Plummer, some of the possible questions, the main issue our neighbors have brought up in the past has been that former ownership, or former owners of the shopping center have promised many things,that have not lived up to them. Mr. Plummer: As I also read Mr. Arboleya, the contention that they haven't lived up to their promises were strictly over the drive-in tellers. Mr. Arboleya: I would say it was a totally negative attitude towards that, ---up to now they have promised us many things and have not kepi, their promises. As a result of this, when the Zoning Board approved the project, they have given us a one year condition, that everything that is presented and approved in here must be done, and we have accepted this and of course, we have no choice but to keep our promises whether we like to or not, or that we do intend to keep our promises. We have tried to work out as the recommendation of Mr Acton from the Planning Department a traffic flow of the drive-in tellers that it stays within the inside of the shopping center and one of the architectural will show the traffic pattern, ---how the traffic will come in, we have made a perimeter road, inside of the shopping center, and the traffic flow will go back out again, so as not to disturb the neighbors. There is an exist:':ng exit on llth Street, there must be an existing exit on that street. and traffic has to leave the shopping center somewhere, and that is being used by the highway patrol at this point, and of course, it will be an escape exit to the bank, however the main flow of traffic will come back out into 7th Street. Mr. Plummer: Excuse me, I am lost, 7th Street is down here, where are the tellers. Mr. Arboleya: The drive-in tellers show in the map, inside the shopping center, back of the bank. We have put them that far away, Mrs. Gordon: Where is 7th Street, please show me, what is the avenue on the left, ---- Mr. Arboleya:----39th Ave. - Mr. Plummer: This isn't the picture I got drawn, a car comes in from 39th Ave. right there behind the bank, is that correct? Follow a car on through. In otherwords, that area from the orange, which represents the tellers, south, down to the Bank is now paved, correct. Mr. Arboleya: This Area is paved, this is not paved. Mt. Plummer: That is the grass area? 23 SEP 121974 • Mr. Arboleya: It will be paved as we progress. What is the reason for the drivs-ins to be this far away from the Bank, for safety purposes, ----(inaudible) -one of the many things that our neighbors are complaining of, is the deplorable condition of the center, but precisely our intentions are to up -grade it and beautify it and make it a place we would all be proud of. Mr. Plummer: Let me ask one other question, the wall you reflect on the outside of the landscape, --and what kind and how high is that wall. Mr. Arboleya: It is exactly what the Planning Department has receommended, --it is a 4 ft. masonry wall, (inaudible) ---- Mr. Plummer: My final question, is there any landscaping or shrubbery on the outside of the wall. Mr. Arboleya: Yes, 'right here, ---- Rev. Gibson: I hear you say what your intentions are. how do you differentiate, ---intentions by, --I think these people as I see them bowing their heads, and I know you, they would like a different terminology. Mr. Arboleya: What terminology would you like,---- commitment? Rev. Gibson: They don't want intention. Mr. Plummer: Father Gibson, let me tell you, I have never in all the times, ---I don't agree with the Mayor too often politically, but the one statement he makes is very true and it applies even more specifically here, that politics is the art of compromise, --I have never seen an applicant agree to a stipulation which in the Board minutes, which would have to be a part of these minutes, what he has done here, and that is simply, there there is a one year re -inspection, ---- Mr. Arboleya:--after completion, --- Mr. Plummer: ----and at the end of that year, if he has not lived up to his commitment, at his expense, he has to remoVs it. Rev. Gibson: What I am trying to do, is what I thought I just about to get, --he was willing to give us the terminology, no an intention. I thought I had picked that out of the things and I wanted to in another way, I wasn't doing it. but after people are sure that he intends to keep that commitment, ---- Mr. Arboleya: There is no question about it, --- Rev. Gibson: --and I wanted them to know, if he doesn't keep that commitment, which i have every reason to believe he will, that he will have to deal with us later on. Mr. Plummer: Let me say this, and i'll shut up. These people have a very honest, sincere, concern that in fact other people at other times made commitments, which it doesn't take a lot of looking at to see, that those commitments were not lived up to. I think the unfair thing is to say because other people didn't live up to their commitments, that likewise Mr. Arboleya won't live up to this commitments, now that is not fair, but I understand their concern, because Father. you drive around now, and I think Mr. Arboleya would be the first 24 SEP 121974 tb admit, it is not only commitments were not lived up to, but it is a deplorable situation. I think that is really the difference. Mayor Ferre: How many wish to speak? Five? Do you think 3 minutes is all right, then I'll give you more time if you need it, beyond that. Mr. John B. Gentry: Mr. Mayor, my name is John B. Gentry I am Vice Pres. of Grapeland Heights Civic Assoc. and we are here today requesting the City Commission live up to the agreements that were imposed against the property 15 years ago. Mayor Ferre: Mr. Gentry we are going to listen to all of that, but I want to know how much time you wish to speak. Mr. Gentry: I won't need much time for I have to go to work. We do have one member who will require some time. Mayor Ferre: I will set 3 minutes per speaker, which is 15 minutes, to sum up if somebody wants to use up the extra 5 rain*tes. Is that all right with everyone? Mr. Gentry: I'll give him plenty of time, because I am going to be short and sweet. All I want the City of Miami to do is live up to the agreements that were made 15 years ago by this honorable Board, and enforce this time the agreements. Mayor Ferre: Would you be specific? Mr. Gentry: Yes, I'll be specific but Mr. Bush will be more specific, he will show you pictures of how they did not live up to their agreement. This gentleman is President of the bank, he is not the owner of the property, the way I understand it, and he is making all the commitments for the owners of the property. Mayor Ferre: If he is doing that he must have knowledge that he can get them, Mr. Gentry: In the past I think this property has changed hands about 3 times, and all the time Mr. Heck is still Chairman. Mr. Heck I suppose all of you know, owns the Dog Track. I believe owns the property, regardless of the company's name. I think he is the one that would have to speak. But we are not here to battle that one out, Unidentified person: For clarification purposes, Mr. Mayor, Mr.Heck has not been the Chairman of the property in all these years. Mr. Heck recently acquired the property. Mayor Ferre: That is fine, but that is a detail at this stage of the game. Mt. Gentry: We don't want to battle that one out, we still know who parks over there, but we are not opposed to the bank. We are opposed to any of the breaking of the former agreements against this property that the setback of the changing of the fence line, the opening to traffic along llth street, and any construction within 200 ft of that fence. That is all I have to say, Thank you. 25 SEP 121974 Mayor Ferree Alt right, thank you. MSC. lien Bush: Mr. Mayor, I am Ken Bush, not the world's greatest speaker so I took a bunch a notes here I'll read from. First of all, I'd like to say due to the time of this meeting. we could have had 150 people here but everybody is working, so we did have a petition signed and this petition is signed by every resident on No.West. llth Street, every resident on N.W. 39th Avenue and the block behind llth Street, 12th Street and 39th Ct. and if you would like to see the petition, Mayor Ferret Just give it to the Clerk. Mr. Bush: At a recent meeting of the Zoning and Planning Board it was recommended that a plan which would allow the building of drive-in windows along N.W. 39th Court, up to approximately N.W. 9th Street, be deemed acceptable by the City Commission with the stipulation that if after one year from occupancy, the neighborhood still finds thesituation unacceptable they would be answerable to the Planning Board. The Zoning and Planning Board stated they felt that much of bad feelings encountered by the neighborhood stemmed from the fact that previous owners failed to live up to the agreements set by the Commission in previous years. May I bring to your attention that the attorney for the shopping center himself stated that the present owners had been in control for the past two years. We are asked to believe that even though that during the past two years when they have done absolutely nothing to up -grade the disgraceful condition which exists now or even to uphold the agreement, that it will be manicured to the extent described atd the plans presented to the Zoning and Planning Board. This all looks beautiful that Mr. Arboleya has there, but like I say for the last two years, they have owned this property and in July when we met with the Planning Board, was the day that that place was last cut. I brought pictures that were taken on September 3 to show you what this condition looks like. Mind you, that is three months ago. and there is not a bit of grass and nothing but weeds, so I don't think they are living up to this agreement already. We were faced with this situation in 1959 when the shopping center was built. The Planning and Zoning Board of Miami at its meeting held on the 21st day of May, 1959 passed and adopted by an 8 to 1 vote a variance that guaranteed the neighborhood certain provisions. We guaranteed the creation of a 50 ft. land- scaped buffer strip from zoned street lines along N.W. llth Street and along N.W. 39th Avenue with a cement block wall not less than 4 ft in height be erected long the iwiside line of such buffer strip to the wall, and the landscaped area to be permanently maintained by the owners in good and attractive conditions, and provide that no buildings in the project shall be erected less than 200 ft. from the outside wall, erected along the inside of the buffer strip along N.W. llth Street and N.W. 39th Avenue between N.W. 8th Terrace extended. and N.W. llth Street, --- with openings not over 10• in width for pedestrian ingress and egress to be limited to one. on N.W. 39th Avenue and N.W. 9th Street, one opposite N.W. 38th Avenue on N.W. llth Street, in Sec. 4. of this ordinance, it clearly states that this ordinance was passed on the grounds of urgent public need, for preservation of peace, health and safety in the City of Miami. If at that time the presiding City Commission felt that that variance was needed for the preservation of peace, health and safety, does it not stand to reason that 15 years later, the need for up- holding this variance, is that much greater? We have been told that an agreement that was drawn up 15 years ago is outdated by today's standards, yet at least 75% of the same residents. 26 SEP 7;; 1974 that fbtaght for this variance 15 years ago, are still residinc7 in the some houses and still believe the City COtmnission repro aenta the people, and that this commission will see our problems now as they were seen then. We are told we are hangit►g on to outdated ideas, frankly we were not aware that you could a time limit on trust, trust that a bona fide agreement that was made and put into an ordinance could be cast aside by the greed of big business. We are aware that some laws and ordinances become obsolete, and when they do they should be removed. However no one has shown that this is true in regard to this .variance, therefore we ask you uphold the present variance, that are in effect and relocate the pro- posed drive-in teller windows to the front of the shopping center on N.W. 7th Street where the Fresent portable structure is now located. The ordinance which i am talking about, I don't know if you have, but here is a copy of that ordinance. If I may I would like to point out a couple of things over here. At this present time, they are now in violation because according to the variance they are not supposed to be using that exit. And somehow or other, they have come about using it, and here are pictures showing that, where someone has put a pipe across the street and paved it, and here is where the fence is down and all the cars drive in and out. This was originally a walk-in type place. and it has been busted down. As far as the variance and etc. on the buffer strip, in that ordinance. --we were guaranteed a 50 ft. buffer strip, -- if they move that 30 ft. back towards us, that means the traffic, the car. everything is going to be that much closer to the houses. Right now, they have drainage, a drainage which is right off the alley -way, and run alcng back of the stores. The paving slopes down and anytime you get a hard rain, the whole of llth Street is flooded. As a matter of fact I have waterfront property every time it rains. I step out my front steps into the water. That is how bad it is. Now they want to move and pave it 30 more feet closer to my house. During any king of activities at that place all the cars come by those fences, and that means they are going to be that much closer, with this big building they are v ing to put in there, all that traffic, ---he is saying the traffic will go around a little circle and out, ---I know the traffic is not going to go that way. Traffic is going to -II come out on llth Street, and it is going to be one big mess in that neighborhood with all this traffic, plus, the big thing is the teller windows. I don't see how anyone can say that it would be fair to put teller windows right across the street from a residential area. Look out your windows and look at teller windows right across the street from you. These are the things the Commission gave us when this shopping center was created. and we think it is only fair you stick by and help the residents out on this. Thank you for the time. Mayor Ferro: Thank you Mr. Bush. Mrs. Wright: I am Mrs. Wright and I live at 950 N.W. 39th Avenue. The drive-in tellers are going to be in my front door. When we look at these plans, with the landscaping it is beautiful. The president said there was no greenery now. Right now on .N.W. 39th Avenue there are 25 trees that are 15 years and it was stated at the Planning Board meeting, I told them I could not understand why they wanted to remove these beautiful trees that have taken 15 years to grow. Now they are going to uproot these trees because they are taking the easement. If they move in this 30 ft. it is going to remove all of these trees. 27 SEP 121974 Mrs. Wright: It is going to remove all of these trees. At the present time, I am sure most of you realize there is a drivers license laming bureau, this is across the street frost ilyy house also. Each day starting around. 5:30 A.M the traffic starts. People are taking private driving lessons. This goes on until almost mid -night every night with this traffic. Now each day, we must listen to these people announcing from this driver's license bureau. They average 100 to 130 new driver's license issuance per day. Close your eyes and visualize this traffic. That many examinations are being given per day. Can you visualize just in 3.W. llth Street and N.M. 29th Avenue where I live, this traffic, if these drive-in tellers go in, heaven help us, because it is almost impossible now to get out of our drive way. We have had accidents with this driving school. We cannot park on the City parking area of the street. We had one car in our family sideswipped. My neighbor had his car sideswipped. It is dangerous for the children out playing. What it is going to be when the drive-in tellers are put there. We are an R-1 residence area. Our hands are tied. This easement is the only thing we have to protect us. We do not object to the bank and we realize and believe the present owners will live up to what they say, providing they do, you do not grant them the easement. This is our only salvation for we are R-1, to keep it as the easement is now. Mr. Bush: For clarification of the record, it seems Mrs. Wright's memory failed her, that at the last meeting, it very specifically said that the 25 bicj trees would just be moved into the area there, if you recall, they are not disappearing, and right now we get 50 ft. easement or buffer, whatever you want to call it,' you are not getting anything while with a 20 ft. you are getting a lot more beautification and coverage for your neighborhood. Mayor Ferre: As is the tradition here in the City of Miami Commission we always recognize people that are running for public office. We have Mr. George Buckman who is running for Circuit Judge in the October race. (applause) Mayor Ferre: Any other speakers on this side? All right, Carol Cameron: I am Carol Cameron I live at 900 N.W. 39th Avenue, and I would like to ask, you said that all traffic would be kept inside the fence, where is it going to go when it gets out,and especially if the bank is open on Friday nights like most banks are, the drive-in tellers will be open and all the traffic will be coming out either on 39th Avenue or llth Street, and I guarantee you it won't be going out on 7th Street, because it is so busy that time of night. And the traffic is bad enough now, you have to wait 5 minutes to get out of your driveway because cf the driving schools and everything that comes through there, and when it rains it is terrible from the drainage, both on 39th Avenue and llth Street, if they move the wall up towards the sidewalk more, the dog track, when it is open, the commercial buses come and park there next to the wall, and the buses stay running the whole time the dog track is open, and it pollutes the whole area, and all you can smell is the gas fumes all over the area. I don't think it would be good for the people who live around there, and I think you should consider the people's feelings who live there, because we have had to put up with it for years. 28 SEP 121974 Mr. P1uMMer: Mr. Mayor let me ask her a question, Maybe Mr. Arboliiya can answer it, or Mrs. Wright, or the driving school wring the street? Unidentified person: Yes, --- Mr. Plummer: Contrary to anything else, we can do something about that. Ken ought to know the methods on that. Mr. Bush: Before we call our two next speakers. Mr. Mayor, it is my understanding and please have the City Manager or the Planning Department correct me, ----this was a three-point resolution, point 2 and 3 was approved and finalized by the Zoning Board, and point No. 1 which is the building itself, is what is before this Commission. Mr. DuBreuil would like to speak now. Mayor Pierre: Mr. DuBreuil, how long are you going to speak, two minutes? Mr. George DuBreuil: Honorable Commission, my name is George DuBreuil, I have offices at 100 N.M. 37th Avenue,---- 15 years ago I sat on this august body when this was all created so I feel I should be here to speak. I am speaking on behalf of the shopping center. At that time, and I have to go back briefly for you, --at that time the Grapeland Heights area which has a fine bunch of citizens that live out there, and real political body of people that get out and vote. I have a lot of respect for those people in the Grapeland Heights area . Fifteen years ago there was a big city dump out there, today there is a beautiful golf course in the Grapeland Heights area. They have tennis courts, playgrounds, softball, we built not only the golf course but we built the library, the civic center, i don't know how of any area of the City of Miami that more was done for the Grapeland Heights area. came the shopping center, Mr. J.A. Kanter for approximately 12 years owned that shopping center. We completely agreed with the people there, he did not live up to this agreements what would be done. At the time 15 years ago that this came up, the housing Authority came before the Commission and wanted to buy this property to put in -a public housing. And Rev. Gibson at the time this came about the people in Grapeland Heichts came up in mass and opposed that. The next thing that came up , they decided to go for the shopping center, the people came up in mass to support the shopping center because they didn't want public housing in that area because they were afraid of possible mixed families living in that area. I want this to go on the record, for this is exactly what happened at that time. Getting back to the shopping center area, they, six months ago, we case before, in the front door, we worked with the planners. part of the ordinances were approved, part was not, we came before the City Commission, it was sent back to the planning staff, I don't think any item has been argued and debated any more than this has. In reference to Rev. Graham's point of how do you make this stick, I think that this body should make the plans and specifications. a part of the record and this has to be built according to plans and specifications. We have done this in the past, on making them as far as trees go, it is true, these trees are 15 years old and they are going to stay there. Some are going to be removed and put closer to it. These people for 15 yeare, taxes have been paid on C-lA property. It is zoned 29 SEP 1.21974 Cl1A and they have not had the use of that 50 ft. buffer. The area has changed in 15 yearn. There is an expressway running through the middle, separating this shopping center from the Grapeland Heights area. I feel very confident that this body will take into consideration all these things. I did want to give you a background on what happened with the entire Grape - land Heights area and how much this Commission and other Commissions have done for the Grapeland Heights area. Thank you very much. Mr. Don Adams: My name is Don Adams, Mr. Mayor and Commissioners, I live at 3431 N.W. 16th Street, I am past president of Grapeland Heights Civic Assoc. I think these present owners are going to live up to their agreements. Because we were here about 6 months ago, in reference to the two parking lots on 37th Avenue across from the dog track. They were given permission to leave them status quo if they would put in shrubbery, which they have done. Also this bank, and this property is going to be very valuable for a lot of people. Grapeland Heights is an old community and they have a lot of elderly people, they have a lot of elderly widows that are able to get to thiF facility, and I would think the peon:-- -+n llth street would certainly rather look on this than what t)' .re looking at now. As far as cars exiting on llth Stree', hearing east, nobody in their right mind is going to do that because there is no traffic light at 37th Avenue and llth Street, and you try to get out on 37th Avenue with no traffic light, so I think the majority of them will come out on 37th Avenue and 7th Street. That is my belief and I think this a big improvement for the community. Mr. Mike Deutchman: My name is Mike Deutchman. I am with the architectural firm of Watson, Deutchman and Lyons. When Commissioner Plummer mentioned compromise, we had spent many. many hours in compromise with the Planning Department, with the Traffic Department and we have gleaned from previous objectors from a lot of the neighbors there, and incorporated quite a number of the ideas already, in other words this isn't the fresh new approach to them, there have been a number of ideas that they have had, that have been recognized in this thing, so it is a combination of quite a bit of compromise of all the bodies involved. Mr. Arboleya: I will conclude my presentation, I think what we are trying to do is something good for the community. it is a beautification for the community, and respectfully request the City of Miami Commission to approve the request as recommended by the Zoning and Planning Departments at their meeting. Mayor Ferre: We are not following an exact format. because this i; not a court, so does anybody want to say anything over on this side, before the Commission gets into questions? Mr. Jasper O. Andre: My name is Jasper O. Andre, and I live in Grapeland Heights, the address is 960 N.W. 35 Ct. All of the significance of the importance in presenting this blue print you have in relation to the new area of our park, I want to refer to that we have been living with it.----fine,---- we like improvements,fine but I think Grapeland Heights Civic Assoc. it has endorsed the fact that they are going to go along with the people on llth Street and also of 39th, because of the sufferings in the past, and there is no other 3O SEA 121974 way but make it right. If these people want to build a nice building up there, like 7, 0, 9 stories, why don't they do that, but they have, and I am going to point out, plenty of room to do this, rather than put that drive-in teller where it is, right in front of residences, why don't they put it right in front where the mini -banks are, and put the bank from the corner of 7th Street and 39th, east, that is where the teller should be, but they are not telling us all of the truth. The buffer is only for one reason, it is because the people want privacy, they want no distortion, they don't want hassles, and they cannot sleep if this is going to be improving, or we say accessibly, the flow of traffic right in front of their homes. One other thing they don't tell you, is the trucks which deliver things there go in the back along llth Street, they use that for toilet facilities over there. They use it for repairs of their trucks at night, but they don't tell you this, because they don't live.there. If they've got so much money, and they want to do the things right as they say for the residents and the neighborhood, and up -grade it, then all they have to do is take a piece of that Zayer's building and build up a second floor, and use the entire front up to the present mini -bank which is in the center between 39th Avenue and 37th Avenue. It is accesible to them now, but no, we have now a dog track which they are owners, they have an interest in this bank, the owners of the dog track. They are going to try to put more cars in there to facilitate a daily issue of races, on a current basis, and one at night, so therefore that means that these people here won't have no rest, almost until 11 or 12 ''o'clock at night. And I know for a fact, ---not 39th and the corner, I am talking about 37th and llth Street and incidentally that llth Street is a bus through street. And if you are going to put more cars in a single lane, 25 ft. street, you are going jam up the whole entire thing because you can't cross llth Street on 37th Avenue now to the resident's homes, let alone the people who live around in there. Some people say here they were past president of Grapeland Heights, they are no longer past president, they are only residents. I don't say I am a president or anything. I am only a resident.‘I am also in relation to beautification, and I say if you allow this drive-in teller there, you are making two wrongs, because of condition use, later on, come back here like Mr. Plummer said, it is a hassle to remove, so let's do it right now while it is in a blue print stage. Let these people go back, nobody is rushing them to put a bank in there. They can wait another 6 months, we don't care. Do it right for the people, that is all I have to say, I want to make sure you also recognize the setbacks , that 50 ft. should stay. Thank you very much. Mr. Arboleya:We are under pressure because as you know, we have a one year timing from the City of Miami Commission plus from the controller's office in the State of Florida to have our final permanent building state, so I just want to clarify that. Mayor Ferre: Thank you Mr. Arboleya, the public portion of this done and over with, and I have given everybody ample time. Mr. Bush wants to know when the place is going to be cleaned up. Mr. Arboleya: Which place? I get back, when they will clean a maintenance question, # happen not a maintenance supervisor. I will ask the owners when it up. You are asking me to be president of a bank, 31 SEP1 1974 t Rev. Gibson: You know what really bothers me, we pass ordinances and laws in this community, and some people have no intention of keeping them. Now, our going here would be much easier if all of us recognize that we have a responsibility to the community. 1 am concerned about another thing, if all of that repair work is going to the back of that property, and usinLl the land as toilets, I am greatly concerned. One of the reasons we put sewers in the City is to avoid that kind of thing. This is not against you, this is only to ask one of the owners, how do you answer that to us? Before you answer, Mr. Andrews, I don't .know who is responsible in the City for monitoring such action, but I hope some corrective measures will take place, whether you get what you want here today or not, is not the issue right now. The issue is whether or not that kind of conditions is goingto exist in the City limits of the City of Miami. Mr. Arboleya: May I just say I support you wholly, and if the gentleman who is complaining about this would make a report to the police department, I would be the first one to put in jail whoever uses that for a Rev. Gibson: I'd like to hear your answer. Mr. Arboleya: Rev. basically if buses, and the young lady made a statement the buses from the track are using the area at night and leaving the engines running, I think if the Civic Assoc would bring this to our notice, we would help them in any way possible to stop that. That is now what it is supposed to be used for. We have found cranes out in front of the shopping center, where a crane service would just come in and leave the crane, we have to call them and tell them to get it out. If the equipment is being left in the rear of the center, if the residents in that area will call the track, we will do everything possible and will cooperate with the police department to see it is removed. I assure you the grass will be cut and the grass will be cut this week. I can't tell you what day, we have to schedule this. Rev. Gibson: It will be done this week? Mr. Arboleya: Absolutely. Rev. Gibson: What about using the ground as a toilet? Mr. Arboleya: I don't quite understand what they are referring to. Rev. Gibson: Okay. Mr. Mayor, we are going to have to vote seriously. I would like the citizens to explain. Mayor Ferre: There is a public portion of this where everybody is allowed to speak, we have to set time limits, now it is the Commission's turn, we will recognize you, as questions are asked, and you answer the question. Unidentified person: I would like to speak directly to Rev. Gibson. Some of this pertains to when the carnival is in the shopping center. The trucks of the carnival in the past have parked along the wall on N.W. llth Street, along the wall 32 on N.W. 39th Avenue, on the grassed area which is in the front of my bone, and' some of tray neighbors. 1 have one neighbor that can verify this now. We have sat in our front yard in the afternoon and we have watched people use the ground as a toilet. Rev. Gibson: Did you call the police? Unidentified person: We have called, things have been reported, nothing has ever been done. People live out of the back of these trailers, there are no toilet facilities there for these people, there are .:ertain people right now still using the grass area in the ,Front of 1020 N.W.39th Ave. as a toilet. I consider myself a lady, but there is one gentleman that really brings his own toilet tissue with him. I will ask Mrs. Conkle to verify this, because we have sat in our front yard and watch it. I don't know who is responsible. We people have put up with deplorable conditions. The health department has been called, Planning and Zoning has been called, I have been waging a seven year war out there to even get the neighborhood cleaned up, to make the neighbors clean up. We cannot expect the shopping center to do something and the neighbors not to do something else. I am accused of doing a lot of things I have not done, but I have been working in fact the gentleman from the Zoning Hoard should know me by name, the Chairman, because he has called my home a couple of times. These are the cdnditions. I am not accusing the present bank owners, but it has been two years that you have owned. This has gone on in the past two years. Don't you ever get out and walk around, and ride around and look and see? if garbage is in my yard I go out and pick it up. We go out there, we clean garbage up every day, that is thrown out of the automobiles, and people eating at this license bureau. We clean up, ---I even walk across the street there in your buffer zone, and I pick up garbage myself and put it away. Rev. Gibson: Sir, since you are the owner of the property, this has nothing to do with the bank, it will make the bank's problems be much easier if you respond affirmatively. Mr. Arboleya: Rev. there is no question that the points that the lady has brought up, have been taking place. There is no reason for it. 1 would certainly feel between the Health Dept. or the Police Dept. which ever. body has juri$diction in this, we will do whatever we possibly can. I did not know this was going on. I do know that when we have the carnivals in, the carnivals are a promotion by the shopping center, by the merchants to increase business. I do know they parked trailers in the rear of the center. I did not know anyone was living in the trailers, the way the lady ecpressed it. It is a difficult subject to discuss. But certainly she is right, and if this is taking place, I think the Civic Association and the residents and ourselves will do everything possible to help. We cannot enforce it. I don't know if the police department is the one to enforce it. We can keep the trailers out of there. I can't stop somebody. I can't put_a policeman there to stop anybody from walking on the grass, and doing Whatever he may do. I would say we have to call the police department. This is really not our problem, but I certainly as SEP 121974 have eospasion and we understand the problem, and we will cat► whatever possible to keep the trailers out of there from the carnival, whenever we are called, and there are trucks be& there, and 1 personally will walk around the property more, and inspect the property. But I can't stop some of the things the people are talking about. this. Rev. Gibson: But you can clean up the property? Mr. Arboleya: Certainly. Rev. Gibson: You can cut the grass? Mr. Arboleya: Yes. I will say we have been derelict in Rev. Gibson: You sure have jurisdiction over that? Mr. Arboleya: What is correct. Rev. Gibson: Mr. Andrews. you heard what the citizens are saying? It is inconceivable that we could have an open toilet in the City limits. Mr. Andrews: I will have to find out more details about the way this occurs, if it is a problem that we have to police closely, and more stringent regulations on their part as far as the operation of the whole center. I wonder if there have been any leases that have been cancelled because of poor operation within the stopping center. Rev. Gibson: Would you be affected by that cancelling of leases if they don't carry out the sanitation code, and all like that? I want it in the record, so that later on when you come back here, I c:an say the record says, are you responsible for those, -'-you can cancel leases if they don't, ----- Mr. Arboleya: I don't have the leases in front of me. Reverend, but I am sure that a lease makes a tenant abide by whatever City regulations, county and health regulations, and if they do something, they either have to correct it, or the lease can be breached. i don't know how the individual tenant is breaking that. I can understand from the carnival with trucks or the carnival people coming in, but the point you are raising, if a law is being broken, and something is being done that is wrong, let's enforce the law. Rev. Gibson: Let me do this, Mr. Mayor, for the people and the public. Me will never know unless you tell us. I want to ask you to make a commitment. If what you have just related to us is going on, i urge you to tell the City Manager and stay on him night and day. and if you don't get any results from the City Manager, I think the Charter says this, you could come to us. Is that the way the Charter reads. Unidentified person: Yes. Rev. Gibson: Okay, so you don't have any more excuse now. And sir, we are going to expect you. if you had that lease under your control, once you found that that kind of condition exists in the City. to tacks the appropriate action, otherwise you are *ping to have a rough time getting anything else done here. when 34 you core, I just don't think the citizens ought to have toilets all over the place, Mayor Ferret We are about 20 minutes behind, and some people are here on the 11:30 items, so 1 think we have heard both side,, and I think it is time, ----Mr. Plummer? Mr. Plummer: Mr. Mayor, getting back to whatI said before, and maybe you didn't make the statement, that politics is the art of compromise. Mayor Ferre: That was Winston Churchill, i think. Mr. Plummer: A lot of the things that these people are complaining about, I think possibly, can be eliminated with this facility. I think the parking of the buses and the back area which today is paved, and when i visited it on Sunday, in fact it was being used by a driving school, not the street. That was the reason I was amazed about the fog horns and things of this nature. I am just concerned that the cars coming in, into the tellers and Mrs. Wright living directly across the street, ----Mrs. Wright if we were to appibve this application with, -being a conditional use, we can apply any conditions that we wish, or you wish, of course acceptable to the applicant, and if those conditions are not kept, we can do something about it. Would a wall of 6 ft. which is what they refer to beyond eye level, be more acceptable, would the possibility of more shrubbery make it acceptable and the final one which maybe the applicants would not like, the exit on llth street I think presently is illegal, or not granted, that we place conditions that the applicant cannot have, egress on llth Street, that either he take his traffic directly to 37th Avenue or only bring it back down to the ingress behind the bank. I went out there Sunday, and there is no question in my mind, of the deplorable conditions and 1 know what you are saddled with, but I also know Mr. Arboleya, to be a man of his word, and his proven track record in this community, and I'll tell you quite frankly, I have no reservations in living up to what Mr. Arboleya says he will do. I have no questions or qualms about that, and I am just looking, that not only are they willing to heavily landscape the area where the vital concern is, but the furtherance to go back into the shopping center itself parking lot, with additional landscaping, so I am just wondering back and forth, if this thing were to be granted, is there any conditions that would wake it acceptable or more acceptable. And Mra. Wright I would ask you or Captain Bush to speak to that. Mrs. Wright: I am so heartsick, I'll tell you, ----if this is granted this morning, the for sale sign on my property goes up next week. I cannot live, ----I am now in my home alone, my husband is a captain in the Merchant Marines, he is overseas now. We were robbed on the 3rd of July, I am now very nervous about being in my home alone. There are other ladies in their homes alone in our neighborhood. Things are happening to them. We haviUg women being knocked down, on I.W. 9th Street because of the conditions on the side of the street I have tried to get cleaned up, thanks to the Zoning Board, they would not enforce tbm law that they should have done. I am sorry, I feel so strongly about this. We bought our home there when it was pasture land. OUT children have grown up there. They are now gone. We people have looked forward to, and our homes are paid for, which they are, and we could retire, but if this goes in, these drive-ins 35 SEP121974 go in there, they move that wall, 30 ft. closer to the sidewalk,---1 am sorry, 1 cannot stay there, because now the traffic isso bad, that if anyone would like a home for sale, you are welcome to it and you try and live with it, --conditions that are now and will be there, and Mr. DuBreuil,---I feel sorry for you, you don't live there. 1 know you were in favor of us at one time, I know there are salaries involved, but 'right now in the front of my house, weeds and grass are 4 feet high. I am sick. You use your own conscience this morning as to what you want to do. There's acres and acres of land over there for drive in tellers, without moving a wall, and I said up- rboting trees. Yes, they are to be dug up, but they are to be transplanted some place else, because 1 won't be there 15 years from now to see what the shrubbery looks like, because I am sick. There are five on our block now are original owners, that this morning your decision depends on whether we stay in Miami, that we have been here all of our lives, and support this City and pay our taxes , or if we shall move. This is your decision, this morning. i am not questioning you, please believe me, but as you as the bank, you say you cannot speak. I am not questioning your integrity or anything, but if the drive-in tellers go along N.K. 39th Ave. the 30 foot easement is taken away from our 50 present, from the sidewalk to the wall. We are going to sell. This is almost a must. Thank you. Mr. Plummer: I also asked Mr. Bush to respond, and I'd like to hear from him. Mr. Bush: I'll be brief and I just want to ask Mr. Arboleya one question. He said why didn't I call a police officer, I am a police officer, and I have been over there many times. Mr. Arboleya: I know you are but I understand you have no jurisdiction in that area, or Coral Gables. Mr. Plummer: Ken, is there anything with a possibility of a 6 ft wall, or deeper shrubbery or the closing of the llth Street if they were to concur with that, that would make this more acceptable to the residents. What I am looking at right now, I'll be truthful with you. Right now we can force certain things, but I believe by the action of the Commission this morning, we can completely hide the situation from you, and that is what I am asking, solely that question, if we raise the wall to beyond what is eye level, if we insisted on more shrubbery, and possibly the closing of the llth Street exit to make the traffic either go back, to 37th Avenue or just close that exit off completely, would this make it more acceptable if we grant that, then we can attach the stipulations that we can enforce. I am just asking you to comment on that. Mr. Bueh:Mr. Plummer it is hard for me to answer, when 1 passed that petition around, it was on the three variances, these people were strictly against losing their 50 Ft. also the teller windows and the exit. The exit itself we would like that eliminated, and put traffic back out on 37th Avenue, which would be fine. I believe there is talk at one time of a block fence plus the green hedge along, even covering the block wall itself. According to the picture it doesn't look like that is there, i don't know. Mt. Plummer: We can stipulate that, that is what I am trying SEP 121974 36 to say. Mr. gush: The main thing ie that fence moved closer to us. What is the necessity of moving the fence closer to us? Why do they have to do that. With that, just like I am saying, which ie something that is brought to my attention. I believe it is the commission that grants the permit for those carnivals to appear there. That is where the trouble is as far as the bath rooms. Mr. Plummer: That is very easy because not one of you have seen fit to call me, because attached to the stipulation and Mr. Ferencik don't you run off sir, because you know where the blame lies if there is blame. Attached to the stipulation in the granting of that carnival, as I recall no live animals, you can laugh, there is to be at least a minimum of 8 police officers, and no living on the grounds. If that is the case, I was over there to the last carnival. I didn't think to look behind the shopping center where they were hiding trailers, but had one of you called, we could have done something about it, so I am saying we can't be all places at all times, but if this is brought to my attention. I personally went and inspected the carnival, personally, as the one held in the dog track, had that been brought to my attention, you can bet something would have been done. about it. Ken, all I am saying to you, if we grant this we can put any stipulation on it we want, and if the stipulations are not adhered to, this Commission has the authority to do something about it. If you don't approve this today, what is going to be done and can be forced to be done, is going to be minimum. That is what I am trying to tell you in a nutshell. I have asked Mr. Bush to respond. Mr. Bush: I would appreciate anything you could do in behalf of the residents there, and what we have asked. If you see fit to approve some of these things, there is nothing more I can do. I don't want to see any of these things approved that we spoke about earlier, but if you can see fit any of it, to rescind any of it, I'd appreciate anything you can do on it. Mr. Arboleya: The one thing I think some of these neighbors are not realizing, that once this back side of the shopping center is improved, lighting is put on there. A lot of the problems that have been happening throughout the years are going to be immediately corrected. I would also like to mention to you that every single one of those have been approved by Metro Dept. of engineering by your planning staff, in other words we have actually changed and rechanged that plan to conform with all of their requirements. the traffic flow, the exits, the wall which we were opposed to originally, we have agreed to it, in other words we have done every single thing that has been asked of us. We are not refusing to do anything, but I think asking anything additional would come to a point of Mr. DuBreuil: Mr. Plummer,---- Mrs. Wright used my name in vain and I'd like to clarify one thing, and I certainly have feeling for Mrs. Wright. Her children grew up in that area, my cousin lived acrods the street and at the time we had to make the decision, she put all kinds of pressure on me, 37 SEP 121974 but at the sage time, their children over the years grew up and played on this 50 foot buffer zone, she herself said there are only 5 original Owners, that is from an economic stand point. If Mrs Wright would like to sell her house, I would be happy to pay her three times today what she paid for it 15 years ago. I lived in Little River, I lived on N.W. 2nd Avenue and 62nd Street, I lived at 3705 N.W. 23rd Court today I live in Coral Gables, I was able to up grade myself a little bit but the areas changed. Our families moved out as the areas changed..When I lived in Little River there was only about 300,000 people. That was 48 years ago. Today Little River has changed. This area I'll admit, has been, ---the very fact that all that landscaping, we agreed to put the wall on there. Mayor Ferre: We are a half hour behind. I think it time to get on with the voting. We have heard both sides of this. Mr. T.J. Sistrunk: I live at 920 N.W. 39th Avenue, and back to Mr. DuBreuil with federal housing. I honestly believe we were used, the neighborhood was used in that federal housing is my personal belief, and this buffer strip, setback was given to the neighborhood, R-1 zoning, to keep the peace and tranquility in the neighborhood, and we agreed to it. I urge the Commission to make them live up to it. Mayor Ferre: Come on, Jasper, you said it before, are you going to say something new? Don't say anything you don't have to. Mr. Andre: I am not going to say anything I don't have to, because Mr. Plummer said that. He said come up with an alternative, what he thought would be maybe acceptable to the residents. I like to keep these residents, we are there more than 5 years. Mayor Ferre: We want you to stay there. Mr. Andre: Consider that drive-in teller, ---- Unidentified person: We have been here many many times, for all kinds of things, we have worked with the people that were moving in, we have worked with the residents, --please eliminate the exit on llth Street and stick to the 50 ft setback. The 6 ft wall I think they will buy. Mr. Arboleya; It has been said, why don't we put the drive-ins in the front. The drive-ins cannot be put in the front because the existing leases with the stores prohibit us to do so, and the other point is, addressing myself to Mrs. Wright, when she is so afraid to be in her home, etc. my wife was mugged and robbed yesterday in the downtown area right in front of Mr. Ferre's building and this is happening all over twin. Mayor Ferre: I think it is time for us to make a decision here. The chair will entertain a motion. Mr. Plummer: Mr. Mayor I am going to have to be a little lengthy but I have to get it all incorporated. Mr. Mayor I see this, you know it is hard to go against the impassioned plea of a woman who tells you that you are going to kill her. Coming from an undertaker that is bad. I've got to believe, and I honestly 38 SEP 121974 that the granting of th#.s application which the modifications which I will put forth, will make this a better area in which to live. It will give this Commission and the administration the authority and the arm to move in immediately if these stipulations are not complied with. I will move you the following motion, that this application be granted with the following stipulations: No. 1. that the wall which exists be raised to a level of 6 ft. No. 2, that the landscaping be adequate to hide the wall, from the outside view, I believe the landscaping inside is adequate, and even though I don:t have -to have a NO. 3, I am going to, and the reason I say I don't have to have it, is,because the present egress on llth Street I am told exists illegally anyhow, but I will add a No. 3 in this terminology, --that any egress to the north, shall only be allowed to exit onto 37th Avenue. I think that says it all. 1 want the assurances and i don't want to add a number 4 unless it is necessary, but if it is necessary I'll add it, that all the code compliance be lived up to as it relates one, lighting, two, drainage, adequate drainage, and I am sorry Ken, if I've reduced the value of your hone by not making it waterfront, --lighting, drainage, and I am going a step further, and this applies not to you Carlos, but to the owners, that adequate maintenance be adhered to. I can't spell that out, but I think Mr. Arbeleya knows that he is an honorable man, is dialing with honorable men and women, and that if he doesn't: live upto that provision, he will be in trouble. I am to modify my No. 3 provision and have the shopping center remove before a certificate of occupancy is issued, the illegal egress on llth Street, and here is the zinger, that all of this shall be subject to review 12 months from the date of occupancy. Mr. Mayor I offer that, and I aac sorry that I had to be lengthy, but I offer that in the force of a motion. Mayor Ferre: Mr. Plummer, I want you to know I excuse you this time, because it is a difficult problem, and I thought you were brief in comparison to what you usually do. Rev. Gibson: J. L. that review 12 months after, is that what you said, what happens after the first 12 months? Mr. Plummer: If he does not live up to the agreement he will at his own expense remove the drive-in tellers. But I want to correct one thing. Ken you made a bad statement, and I want to correct you. This thing can become emotional and I understand it already has. But we will make the decision in the same way we are making decision today, at the end of one year, or subsequent to that if he doean't live up to it, you can come in anytime in the interim and bring to our attention for possible action, but what 1 am saying is, that at the end of 12 months that this Commission feels he has not complied, that we have the right and he agrees, at his expense to remove the drive-ins. Mr. Arboleya: Mr. Mayor, and Mr. Plummer, 1 am a little confused, the recommendation coming before the commission, after many sessions with the planning board, called for a 4 ft wall. Mayor Ferre: He has increased that to 6 ft. Mr. Arbeleya: My thinking is, and I am not thinking of dollars, I am thinking a 6 ft wall, and I said this going to look like a Russian wall blocking off the shopping center from the neighbors, going to look very bad. The 4 foot wall a - mended by the staff, with the proper greenery , proper shrubbery , proper mains, with a sprinkler system, we wouldn't be putting in a sprinkler system if we wern't going to keep the thing.' think it is more than sufficient. I don't that is the issue that these people are claiming. They don't want to lose the 30 ft. buffer zone. That is their issue. Mayor Terre: The motion has been made and seconded, ---- Mr. Plummer: Mr. Arboleya, I did make the statement that you will provide sufficient landscaping on the outside of the wall to hide the wall. That is a lot of landscaping. Mr. Arboleya: Also point No. 2 Mr. Plummer, in the notion is, that the llth Street exit is illegal, I know nothing about that point. The Highway Patrol uses that exit, this was some negotiation with Tallahassee, ----I feel from a practical point of view , I am possitive that most of the traffic is going to circle around for convenience purposes and come back out, that it would be improper planning to close that exit into llth Street because you are going to leave the complete back of the shopping center without an exit except on 37th Avenue. The 3rd thing is that Dade County has already authorized a traffic light on that corner, at our request. Mayor Perre: Let me answer that if I may. You have heard his position, now I am going to tell you mine. This is another one of these typical problems where, ----that we are living with in Miami. It is nobody's fault because 35 or 40 years ago, when the zoning regulations were made for the City, nobody knew that all these things were going to happen, so as a consequence, because of poor planning 40 years ago, we end up all the time with single family homes abutting commercial areas, and as these commercial areas:grow they really infringe on the rights of the home owners. It is tragic, there isn't a meeting ladies and gentlemen that we have where your problem doesn't come up. Just a different neighborhood that is all, but it is the sage problem over and over again. At this stage of the game the only thing we can do is to try to compromise so we can protect you as much as possible and come to some logical reasoning conclusion. Sometimes we can't do that and we have to turn down these applications. And we have done that. The point I want to make to you Mr. Arboleya, the only way I will vote for this, if we go tb the maximum protection of the residential neighborhood, and that means we can't go to buffers, to a 6 or 10 ft wall, if that what does it, and full landscaping in front of it, and closing off exits if we have to, into the residential neighborhood, and you are just going to have to live with it, and if you don't then I'll tell you there is one vote you don't have. They have to live with the reality of the situation and they don't like it. By the same token you have to live with the reality of the situation and you don't like it, and you have to realize that we must compromise and this is it. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-970 A RESOLUTION APPROVING THE MODIFICATION OF CENTRAL SLOPPING PLAZA DEVELOPMENT ON TRACT "A", CENTRAL SHOPPING PLAZA (66-79), LOCATED 40 SEP 121974 AT APPROXIMATELY 3875 NORTHWEST SEVENTH STREET, AS PER ORDINANCE NO. 6871, ARTICLE XIII, SEC- TION 4, TO INCLUDE AN EIGHT -STORY BANK AND OFFICE STRUCTURE, AS PER MODIFIED PLAN, DATED AUGUST 6, 1974; ZONED C-1A (PLANNED SHOPPING CENTER); THAT THIS APPLICATION BE GRANTED WITH THE FOLLOWING STIPULATIONS: 1. THAT THE WALL WHICH EXISTS BE RAISED TO A LEVEL OF 6 FEET: 2. THAT THE LAND- SCAPING BE ADEQUATE TO HIDE THE WALL FROM THE OUTSIDE VIEW; 3. THAT ANY EGRESS TO THE NORTH SHALL ONLY BE PERMITTED TO EXIST ON 37TH AVENUE; 4. THAT THERE BE COMPLIANCE WITH THE CODE AS TO LIGHTING AND ADEQUATE DRAINAGE; 5. TIIAT ADEQUATE MAINTENANCE BE ADHERED TO BY THE OWNERS; 6. THAT ALL OF THE ABOVE SHALL BE SUBJ ECT TO REVIEW TWELVE (12) MONTHS FROM THE DATE OF OCCUPANCY (Here follows body of resolution, omitted here and on file inthe City Cle]'s office.) Upon being seconded by Rev. Graham, the resolution was passed and adopted by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. NOTE:This was readopted later during the meeting as Item #76. PROCLAMATIONS. CERTIFICATES OF APPRECIATION, PLAQUES (a) COMMENVAtTON TO FIRE CHIEF HICKMAN The Mayon. head a commendation to pine Ch.ieb Von A. Hickman bon his unstinting e66onts in supenv,i,sing hescue opekations in the cottapse o6 a bu.itd.i.ng on August 5th. Chie6 Hickman was ats o pries ented with a ptaq ue bet members of a EXCHANGE CLUB OF MIAMI to keeogn.ize his e6jonts and the ei 6on.ts o 6 the men o 6 the Pine Veparttment in the cottap6 e. o6 a u.itd.ing on August 5tk. (b) Pn.octamat,ion o6 HAVASSAH MEMBERSHIP MONTH (c) Reaotution o, condotences to the bam,ity of ,the tate HENRY W. KORNER (d) Res otut Lon o 6 condolences to the 6am.i.ty o s .the tate JAMES H. ECHOLS (el Pnoctamat.ion ob 0ctobek 1974 thnu May 1974 as CHARLES IVES CENTENNIAL FESTIVAL MONTHS Presentation to F. Wanhen O' Re.itty (b) Ret.Ln.ement Ptaque presented to MIRIAM GLOWACKI .in necogn.itLon o6 33 years o6 senv.iee to the City 06 Miami 9, GRANT PERMISSION FOR 2 YEARS LOT 12, C& I PEACOCK AMD 34n5 MAIN HIIHWAY FOR PARKING LOT Mayon Fenne: The appt.icant .id Sunny pnopentics, .is the applicant here? Mr. Alan Rothstein: Yes Sir. I am here on a matter at the location which was just read where there is presently an existing parking lot. On one side there is some stores and in the back there is some apart- ments. There is ingress and egress from Main Highway and egress and ingress from Mc Farland. What was done, was we filed an application to be in good and total order and we have added some parking spaces. We have straightened it out, we have agreed to put in bicycle racks. We have changed it from egress and ingress on Main to ingress only . The requirement of .the apartments is such that there must be ingrese legally maintained and I believe that was why the Department recommenced denial. Since that time, it has been called to their attention that legally we are required to keep it open, at least for ingress. The Department hopes, it fully complies with the code. The reason we are here is, in the interim, Coconut Grove Zoning Ordinance required specific approval of everything that goes on in the Grove. We are within code to comply. Our plan is satisfactory to the departments. The Departments have said to us that they hope at some time there should be a full dev elopment here rather than to maintain this as parking lot. I am going to relay that message who own the property with the respectful request that you follow the advice of the zoning board and give us' the permission to proceed. Mr. Andrews just reminded me that we have so designed the ingress and egress at the suggestion of the department so that it will be almost impossible for any one to try to make a left turn accross Main Highway so that it will almost positively be only ingress thru a right turn and its almost impossible the way we have designed the parking for instance, so that they can't make a left turn. 42 SEP l `.1974 • • Mr. Hinckley: Name is Gregg Hinckley, 3601 Solono Road representing the Coconut Grove Civic Club. We object because the parking void would ruin the compatibility of the retail area and the master plan for Coconut Grove does state in its goals that they want mandatory retail on the first floor. Under community goals, it says, future development is compatible in use with existing development. Under the proposed zoning of the C2-A, a rec om- mendation for the Village Center, they recommended at least 70% of the lot frontage should be devoted to building space and that's it. The intent, in the back and the appendix says to maintain the continuity of prime retail service or related use frontage under C2-A and you might relate this to maybe Miracle Mile. Would you want a parking lot breaking up Miracle Mile? Mr. Rothstein: if I may, I think this gentleman and I have just said almost the same thing. We have the parking lot there and we are trying to put it in good order. The Department have appraised us of this plan and I surely can tell you that the owners of the property might be in a much better position economically to do exactly what the proposal is and that is to put in retail establishments or whatever and I am sure they are going to want to do it so all we are doing is straightening out a situation that already exists and I agree wholeheartedly. Mr. Hinckley: Well the future intent then is to build stores. There probably is a precedent for limited use for a certain length of time, it would be improved. Mr. Rothstein: 1 think this is an interim use area we are talking about. We are not in conflict because these people want to make the best economic use to the extent of the code. I understand that there will be a hearing on the 19th on the overall plan. I am sure they, or their representatives will be here to find out what is going on but I am going to take it up with them right away. It's economically foolish to have that remain for any period of time and its not a "charge" parking lot. It's a parking lot for the existing apartment building that is there. Mayor Ferre: We have heard both sides now. Are there any questions from the Commission? Mr. Plummer: Isn't this the property where the building fire was? Mr. Rothstein: This is the part of clearing up. It's part of adjoining to the existing - Mr. Plummer: As far as I am concerned, it definitely would be an improvement. Mayor Ferre: Any further questions? Any motions? Mrs. Gordon: Some of us think perhaps that we are in. the midst of a zoning hearing and that not just this case, but any other cases that fall within that jurisdiction, that we at least ought to wait until after next week until we have that hearing. I think that would be a logical chain of events. Rev.Gibson: J.L., how do we respond to the people who were here at our last regular meeting? We promised them that any and all activity you remember the man on 41 highway and 27th Avenue. Who remembers that? We told those people that we wanted them to wait. Sir, all I am trying to understand is consistency of dealing with - if you tell me how, I keep faith with them - Mr. Rothstein: I can tell you vary easily because what we are asking for is there. The only thing this does is make it better because it prevents left turn and right turn and it prevents the outflow and it prevents the disorder and the flow onto Main Highway and Mc Farland. We are not changing use because its a parking lot already. The only thing you are allowing us to do is to put it in good• order and set it up with 4 more parking spaces, pave it, put in the landscaping and make it better than it is because while you may have a hearing on a plan scheduled for next week, that plan may go on and On, • • This is a decided improvement. It's not a change of use nor any new construction. It's exactly what there is except you are improving the situation by making it something that changes everything. Mr. Plummer: Father, let me answer your question. 1 appreciate Mr. Rothstein trying to answer it for me but what he says is true. You asked me how to I equate or how do I justify. Well very simply Father, what we did before, I think, the intent of J.L.PLummer was to buildings. This is not construction at G.11. This is really making legitimate something that already exists but letting them do it in a nicer fashion. Now if this was for construction, I would feel differently but this is just simply to re -do landscape, come up to code as far as a parking lot is concerned. Rev. Gibson: All I want to do is keep the faith. The people who were here left here with the understanding that we were not going .to make any major changes in that area until such time as - Now Mr. Plummer said we are not really doing anything other than what is already there. You understand? In other words, what is being done now may be illegimate, is going to legitimize and make it look even better. Mr. Plummer: That is what I am saying Father but another point that has been completely overlooked and the people of Coconut Grove who came down here, you might recall that this Commission even got into a point in reference to parking. They cried for parking and even went to the extent of asking the off-street parking authority to look into the possibility of building a garage in Coconut Grove business area which every one of the merchants without question said, we need parking. Now this is parking. This is not construction. This is just for parking. Rev. Gibson: All right Sir, you understand what he said, you are not just disagreeing? All right. Mr. Rothstein: Within 2 years, I am confident they will be in with some kind of plan to build something there so 2 years is fine with me. Mrs. Gordon: What concerns me and really maybe it doesn't exactly apply to what you are saying right this minute but we are going to hear a number of other items similar to this and if we are going to take this posture on one, I don't see how we can take another posture on another, meaning that, in my opinion, I would prefer that you would willingly allow us to defer this item until after our next - Mr. Rothstein: No, I can't do that and let me tell you why. Because, there is already permitted parking there and people are coming into areas that is not laid out well, because they are just doing it and there is no guard there to stop them. They are making left turns and they are going in and out and its not a good situation. All we are trying to do is what is there legally, and then when the building burned down, there was a lot of open space and people were going helter skelter. We are trying to make it something good and protect Main Highway. 2 years is not a problem because I am sure economically, certainly within 2 years these people are going to have to come in with some proposal, some plan to do something with it along the lines of what this gentleman said, retail stores, whatever but there is no point to delay a parking lot that is there, that we want to landscape and prevent going out onto Main Highway. We want to prevent traffic interruption. Mrs. Gordon: I would really like to go and take a ]ook at it and specifically note whether or not the things you are saying are in fact things that I know. Mr. Rothstein: Well I think you can ask your Planning Department and they can tell you without hesitation, just what the situation is and that it's a messy parking lot and this will landscape it and this will look beautiful and they informed us what they wanted in this and we just put it in. Mrs. Gordon: To the Planning Department. You know what we are facing right now, okay and you have recommended denial. Have you withdrawn your denial recommendation? 44 SEP I21974 Mr. Acton: No. Mrs. Gordon: All right, what did you base that denial recommendation Mr. Acton : Based on the findings of the Coconut Grove Master Plan Study, the fact is that we believe that it should be developed as retail space. Mrs. Gordon: Do you believe that a temporary granting of permit for parking would then prohibit that for future development in the manner you are describing? Mr. Acton: No► as long as there is a set date on the length of time that they can use that parking. Mr. Rothstein: That's why I said about the 2 years. Rev. Gibson: I am going to offer. property when , I mean if you don't up or ship out in 2 years time, you got - on? I hate to deny a man the use of his do what you are going to do, ship tell your client that they know they Mr. Rothstein: I will show them the resolution showing the 2 years. Rev. Gibson: All right, I just want to make sure and in view of the fact that you are not disagreeing, I want the record to reflect that you represent the Coconut Grove Civic Club and you are not disagreeing? Okay, I offer it to grant for no more than 2 years. As presented to the Planning Board. Mr. Plummer: Second the motion. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-973 A RESOLUTION GRANTING PERMISSION, AS PER ORDINANCE 8142, TO USE N. E. 50.4' OF LOT 12, C&I PEACOCK AND (B-70), LOCATED AT 3405 MAIN HIGHWAY FOR PARKING LOT AS PER PLAN ON FILE FOR A PERIOD OF NO MORE THAN TWO YEARS, BEING IN THE COCONUT GROVE BUSINESS VILLAGE INTERIM ZONING DISTRICT, SUBJECT TO SITE PLAN APPROVAL BY PLANNING DEPARTMENT WITH INGRESS FROM MAIN HIGHWAY AND INGRESS AND EGRESS TO MAC FARLANE; ZONED C-2 (COMMUNITY COMMERCIAL) (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 SEP 121974 i a 10, GRANT PERMISSION TO INC_UDE PLANNED SUOPPI IG CENTER - "AIRPARK PLAZA" Financ. at Fede .at Swing dnd Loan Mayor ?erre announced a company he was associated with had an outstanding mortage on this property and that he would abstain► front voting on this item and left the Connission Chambers. Mr. Plummer: Mr. Acton, you have recommended this subject to a detailed landscape plan, is that dorrect? Mr. Acton: Correct. Mr, Plummer: There tNre no ojectors of record? The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-974 A RESOLUTION GRANTING PERMISSION AS LISTED IN ORDINANCE NO. 6871, ARTICLE XIII, SEC- TION 4, TO PERMIT INCLUSION OF FINANCIAL FEDERAL SAVINGS AND LOAN BANK IN PLANNED SHOPPING CENTER, BEING TRACT "B" AIRPARK PLAZA (92-35), LOCATED AT NORTHWEST CORNER OF NORTHWEST SEVENTH STREET AND FIFTY -SEVENTY AVENUE, PREVIOUSLY APPROVED BY RESOLUTION NO. 42302 TO BE CONSTRUCTED AS PER PLAN ON FILE, ZONED C-1A (PLANNED SHOPPING CENTER) (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 NOES: NONE. ABSTAINING: Mayor Ferre. 11, VARIANCE - LOTS 20, 21, 22 - BUCK 4 - RAILROAD SHOPS INTERSCHOOL TRACT. FOR CHURCH 241 N. W. 54TH STREET Paul Ryan: 7250 S. W. 41 Street, representing the members of the congregation. It;s a hardship on us now trying to get the building operated. We are asking for is a variance on about a third. 3000 ft. of the property will be paved and will be used heavily. 12,000 feet we want to sod with grass and landscape. Mr. Plummer: How many parking spaces are you providing Sir? Mr. Ryan: I think there is 50 parking spaces. Mr. Plummer: You are providing 50? How many seats will you have in the church? Mr. Ryan: 175. Mr. Plummer: What is the reason for your denial Mr. Acton? Mr. Acton: Mr. Plummer, I would have to read our entire statement as it pertains to this property. The subject petition is for a waiver of parking requirements for an indefinite period of time on a large portion of the site. 46 SEP 121974 The applicants site plan indicates that he wishes to sod this portion of the site but use the sodded area for vehicular parking. The plan also reflects that in order for the applicant to meet the required number of parking spaces which is 50 for church use, the landscape requirements for off-street parking would have to be waived. Without the waiver of the landscape, a variance for several parking spaces would be required. The subject parcel is located in the Edison Park Neighborhood Development Program area adjacent to properties currently under development by the Department of Housing and Urban Development to low income housing and housing for the elderly. The general lack of amenities along N. W. 54th Street surrounding residential neighborhood. Waiving of paving and landscaping requirements for any amount of time is not in the public interest. A high wall close to the bulk of the subject property from view of pedestrians and motorists on 54 st., the parking lot could be viewed from a large existing gate. That is basically the essence of our report. Mr. Plummer: What you are telling me is he doesn't have 50 legitimate parking spaces under our code. Mr. Acton: That is correct. Mr. Plummer: So in other words, you are not going to have any paved parking under our code with the appropriate landscaping? Mr. Ryan: There will be about 12 parking spaces we will have to pave anyway, where they get the main traffic in and out. The rest of it will be used only about 3 times a week and will be sodded and kept in good condition. Rev. Gibson: Mr. Mayor, you know how I feel about the law and these codes. I would think under the circumstances that you would let the church have that property and use that property for a given period of time hopefully that at the end of that time, they would have raised enough money. It's hard to raise that money. If you stipulate a time - Mr. Ryan: If it becomes a nuisance, we will do it right away. Mayor Ferre: Are there any objectors present? No, he is an attorney for the church. Mrs. Gordon: It seems to me there is nothing wrong with granting this because they have the land to pave anytime that they would need it so do it now. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 74-975 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 3, TO PERMIT CONSTRUCTION OF ADDITION TO AND CONVERSION OF EXISTING STRUCTURE ON LOTS 20, 21, and 22, BLOCK 4, RAILROAD SUDPS INTER -SCHOOL TRACT (3-192) AT 241 N. W. 54 STREET TO CHURCH, WAIVING PAVING REQUIREMENTS ON PORTION OF OFF-STREET PARKING LOT, REMAINDER TO BE SODDED; PROPERTY ZONED C-5, (LIBERAL COMMERCIAL) (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. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 47 SEP 121974 410 Mr. Southern, City Cls Mr. Mayor, was that an amendment that Rev. Gibson put in there about coming back every 2 years? Reverend Gibson: I think they ought to come back every 2 years. Let Us hope that .after 2 years y,u will have some money. If you don't have the money, you come back again, but just tell the Congregation that you have to raise that money. Mr. Lloyd: As this is a variance, I would suggest that the resolution remain the same. The fact that you have it in the record, I think would be sufficient. 12, CHANGE ZONING CLASSIFICATION -- SELY 180' LOTS 19, 20, 21 BLOCK "A" - FLAGLER MARY BRICKELL Mayor Perre announced he would -abstain from voting on this item. Vice Mayor Reboso asked if any objectors were present and none appeared. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR THE SE'LY 180' OF LOTS 19, 20 AND 21, BLOCK "A" - FLAGLER MARY BRICKELL, (5-44), LOCATED AT 1900 BRICKELL AVENUE, FROM R-1 (One -family) TO R-3A (Low Density Apartment) AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF SAID ORDINANCE NO. 6871, BY REF- ERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONT- AINING A SEVERABILITY PROVISION passed on its first reading by title at the meeting of July 25, 1974, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Mrs. Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson . NOES: None. ABSTAINING: Mayor Ferre. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8297. 48 SEP 121974 410 410 13, ORDINANCE AMENDMENTS -. SPECIAL PLA1NED DEVELOPMENT DISTRICTS DEFL.RRL 1. TSB a.EflE 1BER 2,3 AT 3 P," i Mr. Acton: Planned Development is a distinct type of land development which reflects the way the building industry converts vacant land urban uses and as planned development grows in size, and in the resulting impact, of very large projects, regulation increases at all levels of government. This is best probably best illustrated by the Florida Land Environmental Act passed in 1972 which requires developers of projects of regional impact to prepare a regional impact statement which analyzes the development effect on regional systems. In rather a small response to a long felt need, zoning has developed a variety of new controls over the past few years, These controls may have been developed recognizing the need to service various public objectives which have been expanding rapidly over the past 5 to to years. Examples of this are such new zoning techniques as transfer of development rights, land unit development, bonus zoning incentives, historic preservations and many more. The City of Miami, the department has long recognized the need to enact zoning enabling legislation which would in effect provide for special land development zoning ordinances which will have a wide range of application where the public interest is to be served. The S.P.D. Ordinance is item 15a onthe agenda is a broad flexible tool, legally grounded in the requirement that zoning regulations have a substantial relation to public interest yet the ordinance involves a number of variables which will provide flexibility in a city adapting to various regulating needs. The enabling legislation as proposed by item 15a requires that Planned development legislation must have a statement of intent which indicates how a substantial public interest is to be served by the particular ordinance that is to be enacted to guide development in the public interest. Secondly, it must also spell out the effect of the regulation and either do one of 2 things #1 - it can provide a new ordinance to replace the existing zoning ordinance or #2 - it can modify various portions of existing ordinances . Item 15b is an example of special planned development ordinance will be enacted to meet a particular public need. On September 19th you will be listening to the Coconut Grove Master Plan prepared by the Planning Department which will give an example of second type which is called an overlay and puts severe restrictions on various portions of the number of the existing zoning ordinances in Coconut Grove as it pertains to the regulation of the height. It modifies certain portions of the existing ordinance. I want to make it clear to the Commission that item 15a is the enabling legislation the City has to have in order to enact present and future regulations as they pertain to particular public objectives. I can give an example which I am sure will be of interest to the Mayor is the use of this tool, say in enacting downtown pedways. We could use this for a large area where the public objective is to create a pedway which for the most part would be on a public right of way but would connect buildings etc. Very simply, that is what item 15a is all about. It is the enabling legislation that allows us to enact 15b and also future applications. Mrs. Gordon: George, are you saying :that what we did before when we enacted interim zoning classifications, we did it without this? Mr. Acton: No that is a different animal. This is called the "New Zoning" - techniques that have come out expanding public interest. The Interim zoning districts would still act in the same fashion they do now. In the future, what the City will be doing is actually telling various owners of public property that to meet public objectives, they must do certain things. Mrs. Gordon: You mean private property. Mr. Acton: Sorry, private property. Mrs. Gordon: You are setting up guidelines. Mayor Ferre: No we are not setting up guidelines. What I think we are doing is passing an enablin, act which is a legislative procedure. 49 SEP 1.21974 That would be things. Mrs. Gordon: the vehicle that would then permit us to do these other There are Borne guidelines in the act aren't there? Mr. Plumdner: In 15b. Mrs. Gordon: Would this apply for instance under the community develop- ment program that may be coming forth in the coming year where a particular area may be designated for re -development? Mr. Acton: Yes, it could be used in many many ways to meet public objectives. Mayor Ferre: Mr. Acton, when was this document distributed to the members of the Commission? Mr. Acton: With the agenda I assume Mr. Mayor. Mayor Ferre: know if I am first time I Mr. Plummer: No, it was not distributed with the agenda. I don't the only one and if so I plead guilty but this is the have seen this. With the supplemental items yesterday. Mayor Ferre: Let me at the outset say that I am philosophically for what you are trying.to achieve here. I do think these type of things Mr. Andrews, and this is not the first time I have had to make this statement. If you are expecting this legislative body to pass legislation, now we cannot confuse the administrative role with the legislative role and you ask us to pass legislation and this is the administrations request. I think it certainly requires a certain amount of - Mr. Andrews: Time for you to digest it and understand it - Mr. Plummer: Not in defense of anyone, and granted we did not get this in completed form but of course the law was complied with by virtue of the fact we had all of the minutes which went into just reams and reams of paper of where the Planning Board went through this item. One item from the minutes I am confused on, the question was asked of you, could this same zoning be applied to Fair Isle and your answer was no. Would you go into why your answer was no? Mr. Acton: That was an incorrect statement. As you know, any private party can petition the City for any zoning classification that is on the zoning ordinance but the reason I said no in answer to the question was that it could be the interpretation that because and we are getting into the next item which is SPD 1. The way it is drafted, through the intent clause and through certain references we have made on floor area ratio , it could not be under the terms of the way its drafted, to be applied to Fair Isle. Mr. Plummer: But that doesn't preclude the owner coming in and requesting that this be under that classification? Mr. Acton: No Sir, as I just said. Any private or any owner of property in the City of Miami may come in and petition any particular classification for his property. Mr.Plummer: I recall when Alan Morris came down here to ask for an additional floor on the building that he at that time was building - the 2nd building and during that time, this Commission jawboned, coerced, threatened, whatever you want to say - fine you want something additional. What are you going to do for us? At that time he was able to come forth and gave that park. By the way that is completed. Have you seen it? It is used. It is nice and it is something this City can be proud of. 50 Mrs. Gordon: Do we have title on that? Mr. Plummer: Yes and not only title but he spent the money to put the amenities on it. Mr. Acton: And he maintains it also. Mr. Plummer: What I am trying to get in the anology is this. Here we were able to accomplish something good for this City by allowing an additional floor. Now, aren't we really saying that applying or creating this type of vehicle, that it puts us in the position to do it legally* that if a man wants to come in and wants bonuses, swapoffs, tradeoffs or what, that the City then is in a position to evaluate the good that can be received by the City as opposed to an additional floor or something of that nature. Am I drawing the proper anology or not? Mr. Acton: Well the analogy, the question would be.if we applied a planned development ordinance to the Brickell area but the example you used is an example of the transfer of development rights, which is a part of the Planned Development Ordinance where we say can take the development rights on this parcel and use it on this parcel provided that - Mr. Plummer: In the area of Brickell where they have this bonus system or swapping to do this, we'll allow you to do this. This is the concept that you are using here and you are applying it to islands. Mr. Acton: That is exactly right. Mayor Ferre: The chair would like to ask a series of questions. First, does this affect the next items that come on the agenda. Unidentified Person: Yes, Mr. Mayor we wanted to say that we joined with your staff in 15 a and have no further comment on it at 'all. Mayor Ferre: I want to comment that the draft which I just received yesterday and have not had time to read because of the length - titled development of regional impact etc. Mr. Plummer: Mr. Mayor, where did you get that from? Mayor Ferre: I have been 3 days trying to get it and I finally got a copy. Mr. Plummer: That was the thing I was screaming about yesterday. Mayor Ferre: I finally got a copy of it. Mr. Plummer: Is there one in the book now? Mayor Ferre: No Sir, Mr. Cobo got that. I want to make a point of comment., about this Regional Planning Study and in general because I can't talk to it specifically. I want to start by briefly relating the situation. When I was active in the Chamber of Commerce, Committee of 21, 10 years ago, I was very very strongly feeling and presented myself before the Dade County Metro Board. A whole series of authorities. We were talking about a traffic authority, transportation authority. You remember that at that time, Eileen who was an assistant to the then manager really gave me a lecturere whiich I have never forgotten about public responsibility and the fact that you cannot in the long run, transfer basic authority that is vested in an elected governmental body to an authority that does not respond to people, to the public. Now the point is that you cannot have responsiveness without responsib- ility. The point I want to make about this draft without having read it in detail, the thing that concerns me about the 18 points of criticism, is that here we have a 28 man board, 3 members of which are from this community, the rest are not. These people are not responsible to the people of Miami and here they are setting a precedent. I am not in any way quarreling with their conclusions. I may agree with them, I don't know. I resent the fact that under our government structure today, that we have an entity that is not responsible to the people of Miami making 51 SEP 121974 • • decisions for us and 1 don't know who they are responsible to. They are responsible to people by appointment and to me that has with it, the seeds of a lot of problems. I am not in any way speaking against this document. It is just a philosophy of this whole situation. Now,,t want to apply that for a moment and I am► sorry Mr. Manager, t want to ask you a question and t don't mean to embarass you but this is just a question. I have not read this ordinance that is being proposed today. Have you read it? Mr. Andrews: I haven't read it thoroughly, but yea I read it. Mayor Ferre: You are acquainted with this, and you are recommending this document? Mr. Andrews: Yes. Mayor Ferre: I just opened it and I want to point out to you Section 5 on Page 6, Item "A" that reads "Initiation" and it says- SPD Zoning may be initiated by the Planning Department, The Planning Advisory Board or the City Commission. I repeat what I said on this Commission before. I do not think it is advisable for this elected body to delegate its authority as elected representatives of the people to any other board whether they be appointed or part of the administration. I think that if someone wishes to initiate this, it has to come up before this Board and it will be this Boards decision whether or not an SPD Zoning Area will be or will not be initiated. It's that important a matter. I just happened to pick that straw out of the air but I relate this to this unfortunate circumstance as I see it that is beginning to occur with the regional planning agency of the South FLorida Planning Council. I think there was a correlation between this and I am reluctant and leary of this trend,that is beginning to set in throughout our community and throughout this country because we must not get away from the fact that responsiveness must be tied to responsibility. Mr. Plummer: Mr. Mayor, as your representative to the Dade League we used this same argument for almost a year saying that we the people of South Florida, the Cities and municipalities should have input in this board. I am happy to report to you Mr. Mayor that we now have more than 3, I think we have 5 out of - Unidentified Person: There are 19 and we have 3 county and 2 City but only 3 of them were there the past - Mr. Plummer: I know that Harvey Ruvin, Beverly Phillips are from the County and through the persuasion of the Dade League, we have just and I think they have had their 1st or 2nd meeting, have just got 2 representatives from the Dade League who sit on that regional council but it took us over a year of fighting to get representation and we now have representation in the way of Mr. Charles Glenn, City of Homestead and Mr. Ray Hodges, Councilman of Hialeah. That will be among the league and it will be rotated. That was all I wanted to report to you, that in fact we do now after a years fight, and we used the same arguments you are using right now and we do in fact have representation on that board. Not the City of Miami, but at least we have it through the Dade League - Mayor Ferre: J.L., that's fine and for the record, I am in no way criticizing Mr. Glenn or Ray Hodges or Beverly Phillips. That is not the point. Whether we have 3, 5, or 7, the basic philosophy of my statement stands, that we have a board which is not an elected board made up of representation which does not come from this jurisdiction and it's imposing upon this jurisdiction, certain determinations which xnay or may not be valid but the point is that is what we stand upon elections for, to represent this community in making these basic decisions that affect our community. 52 SEP 121974 Mrs: Gordon: Let's get the record straight. They are not making our decisions for us. They are making recommendations only, in that right Mr. Mr. P1Um mer: No. Mrs. Gordon: What do you mean no? Mr. Plummer: I am saying no. Now, do you want me to answer it? Fine. First you are right but you' wrong. They are making recommendations but if we the Commission do not follow that recommendation, they have the right of appeal to the Governor 1 believe it is it reverse this decision, am I right in thht Mr. Acton? Mr. Acton: Yes, they have the right of appeal to the state cabinet. Mr. Plummer: Let me say Mr. Mayor, not in defense of what you said but remember that this is not just a Dade County Board. This Board comprises Dade, Monroe, Broward and Palm Beach so it does represent 4 counties and if you take 19 members and divide it by, you come up with that Miami does, with the additional 2 new members have 1th of the representation or 5 per county. Let me drop that subject and go to your other subject Mr. Mayor. You know, Mrs. Gordon and I both served on the Zoning Board before we came on this Commission and I am not overlooking one fact for one minute and the final authority of any decision such as this does lie with this Commission. I do recall and I think it is a good policy that on many occasions, the Zoning Board itself initiated studies, which did represent this Commission, changes of zoning, rollbacks, rollups, whatever you want to call them and I think Mr. Mayor it is good policy because it gives another arm the investigative power to make recommendations to this, but at that time, we did not have the power the Zoning Board has now. Mayor Ferre: I have no objections to that provided you had as a part of 5a, that the final decision on whether SPD Zoning - Mr. Acton: Mr. Mayor, I think there is a misunderstanding - I'm sure that is perfectly possible if you only got it yesterday. Initiation simply means, it's our job - the planning department or the planning advisory board is supposed to recommend to the City Commission. The City Commission can also recommend to the department for study or for a particular planned development area. Mayor Ferre: That is not what this document says. Mr. Acton: Yes Sir. All this is doing is saying that initiation of a particular planned development area, may be initiated by the Planning Department or the Planning Advisory Board or the City Commission you may say, for instancdito the Planning Department that you believe a certain area of the City should be a planned development area and based on that, we will go back and study the area and make recommendations to the Planning Advisory Board and then back to you. This is strictly initiation. It has nothing to do with passing zoning because the City Commission is the only body that can do this. Mayor Ferre: Mr. Acton, you are proving my point and that is this is much too complex an item for us to be discussing without my having read it. Now how can I intelligently discuss with you something that I am completely ignorant of? I want to make a very strong statement as the chairman of this board and I want to emphasize and I am going to hold this as long as I am sitting in this chair. I will nct recognize any item of this magnitude that has not been given to this City Commission in writing at least 1-week before the day that we hear this and I think its unfair and I don't understand how in the world you can, and if any of us here are going to vote on this document today, I think we could be held as being irresponsible and neglectful of our duties. How can we vote on a document that we don't even know? Mr. Ed. Claughton: Mr. Mayor, could I address the board for just a few minutes and be responsive to your questions? 53 SEP 121974 17, It has to do with responsiveness and you know that we all concur from the applause by the people here supporting this ordinance that they all agree with you. I don't think there is any argument there. Your second point about preparation for reading in advance. I think that it too is a good point. I would like to give you an overview. I would like to say in laymans terms if I may what you had before you in the 3 items 15 a, b and c. Mayor Ferret I will give you that time but I don't think you could disagree. I don't know about me but on a document like this you are not going to tell me that you want me to vote on it when you haven't even been supplied with a copy. Mr. Claughton: I will address myself to it because I too am a legislator. I sit at my desk and I have a.staff and I have to rely on them. You have 3 items before you - 15a, 15b and c. "A" is an enabling ordinance. First I say, it is impossible fotyou men and lady in a legislative capacity today in any governmental body to read everything that comes before you. You have my sympathy. Let me just say quickly that you can't read everything. The senate doesn't do it. The House doesn't do it, the government doesnt do it. You must as I do in my little organization, my staff over there, I must rely on them and you have a body called the planning advisory baord and they have considered this for you and have recommended it. 15a comes to you with the recommendation of your Planning Board. 15a comes to you with the recommendation of your staff. 15a comes to you with no objections of anybody that I know. We are involved in it and I say we recommend it. Mayor Ferre: Mr. Claughton, who signs the checks for your firm? Mr. Claughton: I do. Mayor Ferre: I rest my case. Mr. Claughton: But, I cannot read everything and I will delegate and I am counting on you and they usually do a good job or we have to separate company. 15b is the ordinance that 15a enables you all to pass. 15b is a special island district and is the first of many ordinances that probably will come to you from staff. George your staff and us are here to cooperate and tell you we agree completely on it. You have delegated authority to them and they have come up with 15a, 15b is a new zoning ordinance. This is all done at initiation and I repeat, initiation and request of your staff, not from Claughton. 15c is the rezoning of my property to the new proposed ordinance which is 15b. You got a,b,c, and we have no objection whatsoever to,a,b,c. I have appeared before many government bodies and thank goodness, this Commission, I don't think falls into that category but there are too many governmental bodies that say, I think this is fine but - Or we are in favor of your project Mr. Smith but - I think that you got a good deal here but - I think that you all must with the volume of work that you have, lean on your staff. Lean on your advisory boards and realize that there is no adversary proceeding here today whatsoever. You have for once, total cooperation between the public and private sectors. 54 S E P 121974 Mayor Ferre: I for one am perfectly willing to spend 2 or 3 hours it will take to "glance" through these or the 4 or 5 hours it will really take for Me to read these thouroughly and call a special meeting if its necessary within the next week if its all right with this Commission to deliberate on these items. Certainly_i am not at a point where 1 can vote today. Mr. Reboso: Mr. Mayor, at this time I move for deferral 15a and 15b for September 27th. Mr. Claughton: I hope you will allow the public to speak to this motion. Mr. Reboso: I haven't had time to read this ordinance. I think its too important and I move for deferral. Sept 27th, the next Commission Meeting. Mayor Ferre: There is a motion of deferral to the 27th. Mr. Plummer: Are you saying 15a, 15b and 16? You have 16 as a scheduled item so include that in the deferral. Mayor Ferre: Is there a second to this motion? Rev. Gibson: Second. Mrs. Gordon: I just wanted to say, there is, and we have done it before, I remember times that we have - moved on first reading and had amendments, changes, further consultation whatever on second reading. I just wanted to recall that - Mayor Ferre: That's a valid point and something we ought to keep in mind. I would like to ask the members of this Commission whether they have ever voted on first reading on an important item that they have not read? Mrs. Gordon: You are not saying that everybody hasn't read it. I have read it. Mayor Ferre: You have read this, the whole document? Mrs. Gordon: Yes. Mr. Lloyd: May I interject here. May I say that in effect, what Commissioner Reboso has done is what is known as invoking the 5-day-rule. Under your rules of procedure, if one Commissioner does this, you don't even have to take a vote, he has the personal privilege of invoking that rule and you cannot consider the item if he has done that. Mrs. Gordon: I know about the 5-day-rule. Mr. Reboso: If Commissioner Gordon wants to move this to be approved on first reading, I will withdraw my motion but I am not ready to vote on first reading, without reading it. Mrs. Gordon: If you all haven't read it, you have the privilege of reading it. I have read it. Mr. Plummer: I raised holy hell around here yesterday. Paul, about this South Florida Regional Council, the only thing I knew about their actions waihat I read in the paper. I asked yesterday where is the 49 page document? Mr. Acton: Mr. Mayor, I would like to clear that point up right now. There is no final recommendation by the South Florida Regional Planning Council. The only report the Mayor has in his possession is the recommendation by the staff to the council and was issued prior to the time the council considered the Claughton Island Development. Mr.' Plummer: Well what did I read in the paper that it was turned down by a 7-4 vote? 55 SEP�21974 • Mr. Acton: I am speaking of the planning staff that prepares recommen- dations for the South Florida planning Council, in the same manner that your department prepares recommendations for you. What the Mayor has in his hands is the South Florida Regional Planning Department planning staff recomendation to the council. Mr. Plummer: That's well and good and except for the one comment that t read by Beverly Phillips in the article in the paper, I don't know what basis they used to deny this plan. I don't know anything about the Regional Planning Council. As a matter of fact, I have yet to see a resolution of their action. is a resolution even attached here? Mr. Acton: I can't answer your question, I don't know.. Mr. Plummer: Let me make the record clear on one other point George. Do I understand correctly even though it does not state on my agenda that Item 16 was initiated by your department? Mr. Acton: That is correct. Mr. Plummer: Okay,; I just wanted that for the record. Mr. Poe: I am Bob Poe, the Manager of the Claughton Island Project. Commissioner Plummer, if I could take just one second and touch on the South Florida Regional Planning Council matter, I would like to help clarify that a little bit. They, their staff, and ultimately their council look at a specific project as we have it planned today and all of the regional impact elements that relate to it. After reviewing that material of that specific project, the Board voted 7-4 to not recommend it to you but recommend denial. I might also point out that 2/3rds of the Dade County Delegation that was there voted in favor of the project which speaks again of Mayor Ferre's point that I think was very well taken. Mayor Ferre: Say that again. Mr. Poe: 2/3rds of the Dade County delegation that was at that South Florida Council meeting, 2/3rds of the councilmen voted FOR the project. Mayor Ferre: There is my point specifically shown. That here the people that represent this community are For it and somebody else up in Palm Beach or Monroe County are making decisions for US. Mr. Poe: And I think _gentlemen today you do not have our project in front of you whatsoever nor if you approved all 3 of these items today, would you in any way permit us to build anything at all. In fact today, we are permitted with our present zoning to pull building permits and build residential units. if you voted this on 2nd reading even a month from now, we would then be permitted to build nothing without coming again before you, and having you approve the specific development program in accordance with the submittals in here. What I would like Mayor for you to consider, in accordance with Commissioner Gordons question and I appreciate the 5-day-rule and what it could mean to this effort today but even if you approve this on first reading today, and then amend it on 2nd reading a month from now, if you feel amendments are proper, it will still be in February before all of the approvals, going back to the Planning Advisory Board and the time span required for submittals, and coming again, it would still be February before we will be in a position to begin building. Mayor Ferre: Let me ask you. Would it do you irreparable harm to have this thing postponed 8 days? 5C SEP 121974 Mr. Poe: Certainly not. It's not that critical an issue that 8 days makes a difference but we have been working on it very dilligently for a year and a half and I know that each of you Commissioners have not been daily involved in that effort but each day that passed has been one that is lost forever. We know Mayor that today, there is demand for hotels in the downtown Miami area. We also know that there is a need for housing in the downtown area if it is very delicately and properly executed, and that is the situation today, and we are very responsible people with the financial ability to do that today and we need this Board's approval to give us that opportunity while the market is here and the downtown effort is having an opportunity on the upswing, we would like to keep the schedule moving. Mayor Ferre: It seems unreasonable to me that we move on a document which has not been thoroughly aired before this particular public body and it cannot be thoroughly aired unless we have the opportunity to read it and Mr. Andrews, I know that you have many many problems on your hands and I know that there is many difficulties that beset the City and your office. We have 'crime problems and we have problems in the Police Department and we have a lot of reorganization to get involved in. We want to get a police station underway. We have a budget. We have had vacations and this is the first time since I have been Mayor that I have publically talked to you this way. I apologize and I mean no offense but this is the first time that I am upset and concerned about something that I do not think has any justification and I plead with you Sir and I ask you in the future to be very very dilligent and careful on important documents that have an important thrust into to the future of this city, be careful how you approach them. Mr. Poe: Mr. Mayor, we have people here that we brought from Princeton, New Jersey that are involved in our effort and we are hoping to participate in debate today to explain the ramifications of this ordinance to you. Planning is a very technical area and when you are creating new planning districts, obviously its a legal planning subject. Mayor Ferre: Unless somebody stops me on this Commission, I would be happy to give the time to your people to testify unless there is an objection. I certainly have no objection. Mr. Plummer: Mr. Poe, you would be at a disadvantage by doing this. Are you saying that you are going to allow debate today, and no decision. Is that what you're saying? Mayor Ferre: Not debate. Just a presentation. Mr. Poe: I think that would probably serve the best interests of our project and downtown Miami unless this Commission is willing to consider enacting it on first reading and the 2nd reading a month from now. Mr. Plummer: I would buy that because I think in all fairness to Mr. Claughton, Mr. Poe, and I am sure you have gone to a great deal of expense to prepare yourself for these hearings and 1 think you have heard without question, the feelings of this Commission. I for one would be opposed to hearing this project as large and as big and as important as this is to our downtown, to hear it piecemeal. When we sit down to hear this project, if we have to set aside two hours on an agenda, I think its that important but I for one would like to hear it all at one time, not piecemeal. I think you would do yourself and this Commission a disservice to hear something today and then hold us two weeks from today to remember every point so I then, Mr. Mayor would object to hearing these people today. I would like to hear it all at one time. Mrs. Gordon: I am not going to argue with any of you.here about your right to read and understand fully what you are voting on. I do want to point out that 15a and 15b do not permit this applicant to do anything. He needs to have 15c before application is being considered as an indtvidual application. 16 I am sorry, is the one that pertains specifically to your property. The other 2 are amendatory ordinances on our zoning books and maybe I am more familiar with this than the rest of you because I am the one that asked the Planning Dept. to come up with SEP 121974 57 • • a particular plan development for islands because I felt that islands and this goes back 1'A years ago, or 2 years, should and need to be treated as a total body and not in fragmented pieces and that they are unique and have to have a mixture of uses in order to service the peoplb that are cfn it to cut down on the number of trips that have to be made off of it. Now I don't believe that all islands are the same. This does not mean that I believe that islands that are surrounded by single family residential zones should have the same kind of consideration that islands that are surrounded by commercial and high density zoning should receive and that is the reason why the department has done such a good job in the way they have set this up but I am perfectly willing to if you want to call a special meeting next week, if all of us are available, I will be there. Mayor Ferret We certainly do not want to do any harm to the project on Claughton Island. The impact of this as Mr. Acton on a positive side pointed out, and it turned out to be a negative, is that it goes beyond this island. There are a lot of other people and other properties that are involved on this whole item. I think this is something that we have to approach with full knowledge and understanding as an elected body. I am not saying I am for or against it. I am just :paying we have to be knowledgable. We cannot pass the buck to staff on this. Mr. Claughton: I understand that completely but I think you need to and I would like to try to convince you in 30 seconds, the beautiful part of this procedure is you have a month to do your study and yotlFan vote opposite a month from now at 2nd reading. You can amend it but the first reading, the public hearing, is to allow the public to be heard and they are here. It will not cripple you or the legislative process at all. Rev. Gibson: If you have the first reading, I believe you are somewhere in between obligated to go. I haven't read it and I don't know what is in it. When you were here the last time Sir, two things I said. When you come down here, bring the transit authority because I am concerned about how you are going to get on and off of that island. Second thing is I am concerned about the existing businessmen and I have to reward those men some way for having faith to stay where they are and to have gone there anyway and while they don't make the decision, I want to hear them. Third thing I am tremendously concerned about. I want to -put the staff on guard and on the spot and my fellow commissioners. This morning you heard a matter on River Drive and talking about the inadequacy of the sewer system. When you come here now with this I hope we let it all hang out, you know. I want to know about the traffic; I want to know about the sewer system. I want to know about those businessmen. Now the reason the businessmen --listen to this: The State of Florida sent some people down here not long ago, and we met up in the Library, and we were talking about the traffic pattern and the bottle -neck up on Biscayne Boulevard. I am sensitive to that, and all I am saying is if we are going to let it all hang out I think we should let it all hang out so that we would all know --and I want to end by saying this: I am not opposed to the development of the island, because I think we are going to have to generate business, and we are going to gener- ate it one way or the other, but I would like to be intelligent as we proceed. Mr. Claughton: Let me conclude, if I may, Mayor. I understand what you are saying, Father. The problem is that I don't think this Commission understands that this project is not before you today. Mayor Ferre: We understand that. Mr. Claughton: This is the first step of about six or seven or eight steps before the City of Miami government at different levels. You are going to have every single question, Father, that you raised 9-12-74 exports on both sides in the future. Now my point to you today is that you have a non -adversary position here today. You have a second reading that you can handle a month from now. You have your staff in favor of it; you have the public in favor of it. You have got a lot of our public out of work, by the way, and they are here to tell you about it. And I am not sure that I agree with Lord Acton. There is somebody else who I can't think of one time said, all that is needed for evil to prevail, Father, is for good men to do nothing. Mayor Ferrer Mr. Claughton, this is all getting deep and heavy, but I want to tell you that my comments have absolutely nothing to do with Claughton Island. I am sorry that you are affected. I am deeply sorry that this imposes another week's delay to you, but we have other than Claughton Island to concern ourselves with in the City. Mr. Plummer: First of all, you can't have it a week from today. We have got a meeting already scheduled. We have got a meeting sche- duled for hearing budget on the 19th, and we have got a hearing on the Coconut Grove plan. Reverend Gibson: Let me put a ringer. Brother Claughton, I want you to hear this ringer. I hope the staff --meaning Mr. Acton and Mr. Andrews, the Manager, and the City Attorney --and that's why I ain't going to move on no first hearing today --and I don't care even if the Lord sends the Angels and Arcangels dowr. here, I am not going to move. I am going to tell him, I didn't hear you, Lord. Don't put us in the position when you structure all this business --remember that fight we had on Fair Isle? Make dog gone sure when you come be- fore us that you don't put us in a position where the people on Fair Isle will say, you know, you can't come through the door so you want to come in through the window, or you can't come through the front door and you want to go through the back door. Now you just read where --man I see those developers squirming --I want to make sure you understand, because I must make sure as I walk around in this commun- ity that they don't say, look at that S.O.B. I am a clergyman, so I don't know what that means, you know what I mean, man. So get your thing together, and make dog gone sure, Mr. Lloyd (City Attorney) that your word of this is beyond a reasonable doubt, crystal clear that even the blind man can't err. You understand? Because if you do I am going to round up all the people over there. You remember what I said? You know what we went through here about that island business, and I don't want you to do indirectly what you can't do directly. Mrs. Gordon: May I ask Mr. Acton some questions? I think it might help everybody when they are studying this, that it might be clearer. Mr. Acton, the concerns that Father just expressed may be concerns 'that all the rest of us have, too. I want you to hear me clearly. The recommendations that you have placed before us today would not allow the same kinds of development to take place on all islands. Is that right?' Mr. Acton: That's correct. Mrs. Gordon: The criteria for the kinds of development that would take place on islands would be the kinds of development on the upland area. Is that correct? Mr. Acton; That's correct. 9-12-74 }. 4 59 SEP 121974 Mayor ferret- Speaking to Item 15A, an ordinance amending for Siecial planned development districts, is that limited just to islands? Mr. Acton: No, not 15A. 15A is the --- Mayor Ferre; Thank you. Thetis all I wanted. It is not limited just to islands. Mr. Rebosos I move again to defer 15A, 15B and 16 until Septem- ber 27th. Mrs. Gordon: We have a very heavy agenda that day. Maybe we could --- Mayor Ferre: I am perfectly willing to have a special meeting for this, if you want. (Brief discussion as to possible special meeting date) Mr. Cleare Filer: I am Secretary -Treasurer of our Bayshore Home Owners Association here on behalf of the Tigertail Association and the Coconut Grove Civic Club. Wayne Allen couldn't make it today. If you could please give us at least two weeks. We are not opposed to this. Frankly we spent a fair bit of time with Mr. Acton on two -or three little revisions in this to, quite frankly, insure that Fair Isle would have some protections, and it takes time. We saw him the middle of last week, and we also saw him Tuesday, and what he has drawn up has been drawn up since Tuesday. I am ;got a hundred per cent. satisfied, as far as the amendments we came and talked with him about Tuesday. This is not being critical. It's a time problem. And I'd like to get with the others on the re -wording of the several sections. He is not easy to get in to see. He is a busy man. And to do this in a week or eight or nine days is just a little too soon for us. We are not opposed to it. After discussion it was agreed to hold a special meeting at 3:00 P.M. on September 23rd to hear this matter. Mrs. Gordon: May I ask you, Mr. Acton, or somebody, to do a brief review of your lengthy document, calling out the highlights and spelling it out -- summarizing it. O.K.? For us. Mr. Acton: Item #17, Commissioner Gordon? Mrs. Gordon: No, I'm talking about 15a and b, and 16, in a brief summer1 so that when we read it we can see what exactly you are saying without havin,4 to read it that thoroughly as some busy people don't have enough time to do. Also, would you be able to obtain for us the copies of the original boards so that whatever information that we may have will help us in making de- cisions. OK? Mr. Acton: Yes, we'll gather and send through Mr. Andrews whatever information is available a week prior to the meeting. Mrs. Gordon: Right, please. 9-12-74 60 SEP 121974 1 14. aRJll 4ANCL A NDitNT - 31 IE AtiERLYLLOKINLPLAtt AP OPAL Mr. Acton: Mr. Mayor and members of the commission, Item #17 is basically a clarification for what is to be submitted to the City whenever the Zoning ordinance states that site plan approv. al is required in the particular zoning ordinance. All this does is sets up the procedures for public hearings, procedures for review by the Planning Department and the contents or the information that is required in terms of site and development plan submittals. It just lets the applicant know what is re- quired in terms of information being supplied to the City when the zoning ordinance calls for site plan approval. Mrs. Gordon: Do you want to add anything else, Mr. Acton? Mr. Acton: No, I'm finished, Commissioner Gordon. Mayor Ferrel That isn't the tree ordinance, is it? Mr. Acton: No, Mr. Mayor. As I said, this simply is, as an' applicant it tells you what you have to submit when site plan approval is called for in the zoning ordinance. That's all it does. It states the data and so forth. Mayor Ferre: Is this an ordinance on first reading? Mr. Acton: Yes. Mayor Ferre: Then it will come up again? Mr. Acton: Yes, second reading, Mr. Mayor. Mayor Ferre: This is a ... This went by the ... the depart- ment recommends it and the board approved it 7 to 0 and when was this item submitted to us, just out of curiousity? Mr. Plummer: On Friday on your agenda kit. Mayor Ferre: Is that on the agenda kit? Mr. Andrews: Yes, to my knowledge it was. Mr. Plummer: George, I'm sorry I was out of the room. Briefly, what does this do? Mr. Acton: It just tells the applicants for various types of under the zoning ordinance if the zoning ordinance calls for site plan approval it tells the applicant what type of data is to be submitted to the City so his application can be reviewed. It states for instance.... Mr. Plummer: In other words it tells him what guidelines he's got to surrender so you will have the proper Mr. Andrews: Proper kinds of plans with the information on it Thereupon the City Attorney read the ordinance by title and the Mayor announced that each commissioner had been furnished with a copy of the ordinance and that copies are available to the public. 61 SEP 121974 An ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE, FOR THE CITY OF MIAMI BY ADDING A NEW SEC- TION 42, ENTITLED "SITE AND DEVELOPMENT PLAN APPROVAL" TO ARTICLE IV, GENERAL PROVISIONS, AS HEREINAFTER SET FORTH; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVVERABILITY PROVISION. was introduced by Mrs. Gordon, seconded by Mr. Plummer and passed on its first reading by title by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. CHANGE ZONING CLASSIFICATION - LOTS 5 THRU 12 BLOCK 1 15, FLORAL PARR FI RST AMENDED The City Attorney read the ordinance by title and the Mayor announced that each commissioner had been furnished with a copy of the ordinance and that copies are available to the public. An ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASS- IFICATION FOR LOTS 5 THROUGH 12, BLOCK 1, FLORAL PARK FIRST AMENDED (8-5), LOCATED AT THE SOUTHEAST CORNER OF NORTHWEST FIFTY- FOURTH STREET AND FIFTEENTH AVENUE, FROM C-5 (LIBERAL COMMERCIAL) TO R-3A (LOW DEN- SITY APARTMENT) AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDIN- ANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. passed on its first reading by title at the meeting of July 25, 1974, was taken up for its second and final reading by title and adoption. On motion of Rev. Gibson, seconded by Mrs. Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the follwoing vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. SAID ORD NANCE WAS DESIGNATED ORDINANCE NO. 8298. 62 SEP 121974 OBJECTIONS TO COMPLETED) WORK 16, RIND ACRES HIGHWAY ICIEROYEMENT H-4349 Mr. Plug= Let the record reflect that there are no Objector') present. !Mayor Ferre: Any objectors present? NO OBJECTORS APPEARED. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-976 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUC- TION OF L. C. MORRIS. INC. FOR THE CONSTRUCTION OF REID ACRES HIGHWAY IMPROVEMENT H--4349 IN REID ACRES HIGHWAY IMPROVEMENT DISTRICT H-4349 AT A TOTAL COST OF $474,282.85; AUTHORIZING AN INCREASE OF THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $6,707.85; ALLOCATING THE ADDI- TIONAL AMOUNT OF $6,846.50 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUND;" AND AUT}ORIZ- ING A FINAL PAYMENT OF $53, 465. 35 . (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. 17, PERSONAL APPEARANCE- REPRESENTATIVE OF COCONUT GROVE ASSOCIATION INC. TO DIMUSS - COCONUT GROYE ARTS FESTIVAL IN 1975 Mayor Ferre: Is Mr. High Black here? You're here in his place. We welcome you. The microphone is yours, right on schedule - 4:15. Mr. Glen Wiggins: Mr. Black was unavoidably called out of town on a legal' matter so he asked me to come here in his stead and I am vice-president of the Coconut Grove Association. First we would like to thank the City Manager's Office staff as well as Mayor Ferre's office staff and Commissioner Rose Gordon's staff for the interest and cooperation they've given the Coconut Grove Arts Festival Committee. We would like to ask that these plans be accepted that we have formulated while working with the city's office and that is: (a) During the dates February 14, 15, and 16, 1975, close Mac Farlane Road to traffic and use it as a pedestrian mall as well as an exhibit area for the artists' displays. Also permit use of the eastern most lane of S. Bayahore Drive between Mac Farlane Road and the cut over to Sailboat Bay Apartment House. Metro Traffic Control has agreed to work with your police Department and the Festival Committee, is not objecting to the closing of the areas refer- red to above. Next item: Provides 6 policemen for the three day period to help with the vehicular and pedestrian traffic SEP 121974 63 and for public safety. Next Item: The 1easee of the Dinner Key Auditorium hag agreed to allow us to use that for parking during the three days mentioned previously. We would also ask a blanket license for the use and control of Bayfront Park and the buildings on it for a headquarters, a first aid station and supervised activity on the park itself - cultural benefits. The last item, a granting of a thousand dollar purchase award for the best water color sponsored by the City of Miami and in honor of the City of Miami. Thank you. Now are there any questions? I'll try to answer them. Mr. Plummer: Mr. Mayor, this has been reviewed by the manager it comes to us with his recommendation and I so move it. Mr. Andrews: Mr. Mayor and members of the commission, there is one aspect of this I want to make sure you understand. I'm recommending that the thousand dollar purchase award be made because as we build new buildings in the City of Miami under the Metro Ordinance we are required to provide a certain number of capital improvement funds towards art work. Mayor Ferre: You mean we will end up with the art work? Mr. Andrews: We will own the art work. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-977 A MOTION GRANTING REQUEST OF THE COCONUT GROVE ASSOCIATION, INC. FOR ASSISTANCE IN CONNECTION WITH THE COCONUT GROVE ARTS FESTIVAL IN 1975, DETAILS OF WHICH ARE SET FORTH IN MEMORANDUM FROM THE CITY MANAGER DATED SEPTEMBER 6, 1974. Upon being seconded by Mr. Reboso the motion was passed and adopted by the following vote -AYES: Mr. Reboso, Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Mayor Ferre: While we're on the subject, Mr. Andrews, point out that the City of Miami Library which is now called Miami Metro Library has some very good art which is available to the public and we're part of the public. I might point out that the Metro Commission has very, I think ably, used that art in Metro buildings all over and I think we have just as much right to that art as they do and I would like to, on the record request that you assign this to somebody to investi- gate. I think it would be very appropriate to see some art around here instead of these blank walls. Not in this room, but around. Mr. Andrews: All right. I understand. Mr. Mayor, for your information we know the procedures, we've taken advantage of them. We have some of the art on a borrowing basis the same as Metro in some of the rooms in City Hall; maybe not as ex- tensively as they have but we are going to take advantage and do that. Mayor Ferre: I think some of these walls upstairs would wel- come some art and so would the Mayor's Office and I'm sure the Commissioner's office and your own conference room and office. and other governmental units and buildings in our community. It's part of sponsoring art. 64 S E P 121974 Reverend Gibson: Mr, Mayor, while we're talking about art something comes to mind. We have the art festival every year and what disturbs me is every year we've got to wait until this time or later thereafter to take care of the financial obligations with that art festival. Now, if we have a budget and we authorize, it seems to me, you know, this just doesn't jive. DO you know what I'm talking about, Mr. Mayor? Mr. Andrew*: Father, no. I was going to catch up with this subject. Mr. Plummer: Father, let me refresh your memory. This is the first time that this Commission has ever donated financ- ially towards the festival. We told these people that if you wanted to be considered do it at budget time and it is budget time and they are here. Reverend Gibson: J.L., no, no. What I'm talking about is International Folk Festival. They have obligations that have not been met; not because we don't want to meet them but be- cause somebody didn't turn over that money. Now, I think, Mr. Mayor, since you're talking about art and that came to my mind; I think we ought to instruct somebody - it is just embarrass- ing to have people represent you and you not pay the bills. Mr. Andrews: Mr. Mayor and members of the Commission, Father Gibson, that matter is on the agenda, one of these agendas for complete settling now, today with my recommendation that we just do that. 18, JOSE MARTI BASEBALL LEAGUE - REQUEST FOR FREE USE OF MIAMI BASEBALL mg. N��{ DjJ (��� E AND FR IDAYS SEPT THRU DECEMBER' • Mayor Ferre: The gentleman wants to spe'3k in Spanish so we'll need a translator here so... Thereupon Sr. Miguel Lavilla spoke to the Commission in Spanish. Mayor Ferre: Mr. Howard, in answer to his questions which I'm not going to interpret at this point but I'll just get to the crux of it. He says he doesn't want the stadium. All he wants is a baseball field. Don't we have a baseball field that we can make available to him? Mr. Plummer: Wait a minute, Mr. Mayor. I think the memo, and I call your attention... Mayor Ferre: We're going to get into that in a moment. Mr. Plummer: No, I'm sorry sir. I don't think we should even talk about that until the other bill is paid. Mayor Ferre: Mr. Andrews, do you want to talk to the point of the bill? Mr. Andrews: Yes. This gentleman contracted with the City and I have the contracts here before me, in June of 1971, October 1971, November and December for various days and there is a total outstanding bill due the City of Miami of $4890.00. I cannot recommend.... 65 SEP 121974 Thereupon the Mayor entered into a conversation with Sr. Lav ilia in Spanish. Mayor Ferret He says there is misunderstandings and they can't afford to pay $130.00 because nobody went.... Why did you sign a contract if you can't pay it? Mr. Plummer: Mr. Mayor, I make a motion at this time that we defer the item until the outstanding debt of $4890.00 is paid. Mayor Ferre: There is a motion on the floor. Is there a second to the motion? The motion is that the item be defer- red until such time as the current debt is paid. Mrs. Gordon: Since I didn't - you know I'm studying Spanish but I'm not that good yet - why hasn't he paid it? Why doesn't he have the money? Didn't he charge admissions? Mayor Ferre: (INAUDIBLE) Mrs. Gordon: Well didn't he know what he was getting into when he got into it? Mr. Plummer: He signed a contract. Mrs. Gordon: All right, but sometimes you know the language barrier, J.L. Mayor Ferre: Yes, but ignorance is no excuse under the law. Mrs. Gordon: I know but I'm not a judge, I'm a commissioner. Mayor Ferre: Well, we're not going to take the time on this Commission on this item. So there is a motion for deferral.. Mr. Plummer: You see, Mr. Mayor, let me tell you something right now. Mayor Ferre: J.L., we've got a lot of things to do. Is there a second on the motion? There is a second on deferral. Mrs. Gordon: Until when? Mayor Ferre: Until he either pays his bill or comes back with a satisfactory agreement that the manager recommends. Will you accept that as a..? Mr. Plummer: No, sir. Mayor Ferre: No, alright. Until he pays his bill period, that's the motion. Mrs. Gordon: And I don't know why he didn't pay his bill. Mayor Ferre: He didn't have the money. The question is why he signed the contract and the answer to that is he wanted the stadium. Mr. Plummer: Let me tell you one thing else, Mr. Mayor, and I want it for the record. Me and the manager have a serious dis- agreement. Mr. Manager, here again J.L. was right. I've told you before, it's happened before; I think this City should get its money in advance. Now I know we have a serious disagreement on that but we wouldn't be in this problem if you do what I suggested. 66 SEP 121974 • Mayor Ferre: Look, from a practical point of view, Al, do we have a baseball field that this man can use someplace? Mr. Howard: Yes, we do but this gentleman never came to the department to ask for a field. He submitted for the stadium.. Mayor Ferre: Whether or not he owes money to the public, the players that are involved are either citizens or residents of the City of Miami and they have a right to use public fields, Don't they? All right. Mrs. Gordon: Does he intend to pay the money back at all? Mayor Ferre: I told him to meet with Al Howard and see if he can get himself a baseball field. Mr. Plummer: Mr. Mayor, no sir! I'm not going to let you give away $5,000. That's the only lever we've got to collect. Mayor Ferre: Mr. Plummer, that man is never going to pay you $4800 and let me tell you whether he does it in his name or in somebody else's name, the point is that the players who have nothing to do with this directly are members of this community and whether we like him or not; and I don't like what he's done. I think It is terrible. But they have a right to play baseball in public fields so there is nothing wrong with that. You talk with the man and if there is a baseball field available.. There's nothing you can do to stop them from playing baseball. Mr. Plummer: Aren't there fees involved with leagues? Don't leagues pay fees to the City? Well this is what he is pro- posing every Tuesday and Thursday... Mrs. Gordon: Sr. Parades, may pretation? Ok. Ask him if he little by little. Mr. Reboso: The problem Rose, entrance to the games. Mrs. Gordon: Well, why did he understand.. Mr. Reboso: He shouldn't have from the beginning.in 1971. I ask you please, for inter - is going to try to pay it is that he never charged the go into a contract, I don't asked for a baseball field Mayor Ferre: You know Rose has a very valid point and I want to make it to you specifically. There is a baseball league that's playing at Miami Stadium and I think it is Marti... What's the name of that league that's playing.... Mr. Howard: Federacion. Mayor Ferre: Federacion. Are they paying anything? Mr. Howard: Yes, they're paying the expenses to use the field. Mr. Paredes: One thing that he pointed out is that he has used the Miami Stadium previously and what happened was that the resolution dien't get.. Mrs. Gordon: Louder Joe, I can't hear you. Mr. Paredes: He has used the Miami Stadium previously but 67 SEP 121974 the City CoMMissioi has passed a resolution authorizing hie to do se at no fee because he in turn did not charge any fee to the people that went to see the baseball game. Mr. Plummer: No, that's an entirely different story than I got here. If that's the case then I'll rescind my motion. Mt. Reboil": He appeared before us once... I think... Mr. Mueller: If that's the case, then this memo is not true. Mrs. Gordon: Let me ask another question. Did we lay out Any money on this bill? Did we advance anything out of pocket so -to -speak? Joe, Mr. Andrews? Mr. Andrews: 0h sure, there would have been some expenses in conjunction with putting on custodians, lights if it were at,night, clean up afterwards. Mrs. Gordon: How much of this bill? Mr. Andrews: I can't say, I'd have to find out. There is a minimum of $150 plus then 10% of the gate receipts and appar- ently what the gentleman is saying there were no gate receipts so its a minimum of $150 to cover the cost of opening and clos- ing the facility and cleaning up. Mr. Plummer: Mr. Mayor, let me re -word my motion and my motion that this item be deferred until such time as the manager has had the opportunity to straighten this financial picture out.. Mrs. Gordon: And make recommendations. Mr. Plummer: Well, of course he'll make recommendations. That's my motion. The preceding by Rev. Gibson was AYES: Mr. Reboot), Mayor Ferre. NOES: motion, introduced by Mr. Plummer, seconded passed and adopted by the following vote - Rev. Gibson, Mrs. Gordon, Mr. Plummer and None. 19, ESTABLISH RESERVE-$5,500,000 TO SUPPLENT FUNDS FOR AWARD OF CONSTRUCTION COBTRACT FOR POLICE IMPROVEMENTS Mr. Andrews: We have the plans and specifications here. This is a process the commission wished to review during the bidding kprocess after you had .become better acquainted with the plans and specs. I furnished those to you as soon as they arrived. They were located in the commission offices. If you have any general questions at this time, I will try to answer them or the architect will try to answer them. They Police Department is also represented here and they will endeavor to answer them. Mr. Plummer: Refresh my memory why we're using revenue shar- ing funds. Is that a loan? Mr. Andrews: Yes. It is on a completely borrowing basis until such time as the bond market is in a position where we can go to the market, market bonds and it was my recommendat- ion to you that we use this method of financing construction coupling with the bonds that we've already sold until such time as we can sell the bonds.... 68 SEP 121974 • • Mr. Plursn r: Do you think the bond Market is going to straighten out that fast? Mr. Andrews: Maybe not that fast but I hope within a year. Mr. Plummer: Really. my question to you is: Do you feel safe in funding this way knowing all of the allocation of dollars in federal revenue sharing? Mr. Andrews: Yes. Mr. Plummer: All right, that's all I want to know. Mayor Ferre: Any further questions? Mr. Manager, anything else you want to say about this? Mr. Andrews: No. I'm awaiting the Commission's pleasure and will try to answer any of your questions that you might have. Mr. Plummer: Mr. Mayor, I would be redundant but just let me interject one thought at this time that already before this thing has ever come back in bids we are contemplating, by memo of the manager that this building is going to cost an additional $317,000 over what we spoke about before. Now I know it is nothing that the manager did or SRI or Lester or the Chief did but realistically it is more dollars that are going to be involved. Now I'm willing to go along at this time and let's see what happens with bids because that's the important thing. But I think it just shows in a short period of roughly 3 or 4 months - we've already increased the cost of this building an additional $317,000 to 7 million 7 and I'm just so petrified. Mr. Andrews: Yes, but let's dwell on that a minute because I want to try to relieve your apprehensions about that parti- cular area if I can and that is that you must recognize that the estimate that was made and given, and it is a good one, was based upon a preliminary set of plans. Now in the process- ing between the preliminary plans and the final construction plans you have to appreciate and Mayor Ferre, you will parti- cularly appreciate this, that changes and things that can happen between.the preliminary set of plans and the final set of constructiali4drawings of that volume that you see before you there that they, have and the writing of the specifications, that there are bound to be some minor adjustments. These adjust- ments, and some of them were imposed upon us by law, represent and correct me if I'm wrong, about 396 of the total cost of the project which we consider reasonable. Now that doesn't change what you're saying as far as more dollars are concerned but I want to amplify the reasons for it. Mr. Plummer: We. Paul. we can speak back and forth, we can talk all day long. As you know I had healthy concerns about the per square cost. We narrowed that down to a realistic figure in thinking philosophy but here through no fault of anyone we're looking, if my mathematics is about right, an additional three dollars a square foot without us doing any- thing. Now if we go back and accept the $49.00 as the premise we're back up to 52 and I'm just saying I think we're building a building more than what we can afford and z just, I'll shut up. The only other question is, why Mr. Manager there is another item that goes hand in hand, why these two items weren't put on here together. The other item is about the "E" cor- poration and the funds for the buying of the computers. It seems like when something goes hand in hand they should be on the agenda likewise. There is no reason for it? 69 SEA 121974 Mr. Andrews: No, no reason. In fact, we attempt to do that whenever we can so we can Mr. Plummer: Mr. Mayor, for all practical purposes the point that we're making here is just the allocating of funds and I'll be happy to move the motion. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-978 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI, FLORIDA TO ESTAB- LISH RESERVES IN THE AMOUNT OF $5,500,000 TO SUPPLEMENT EXISTING FUNDS IN THE POLICE HEAD- QUARTERS AND CRIME PREVENTION FACILITIES BOND FUND, FOR AWARD OF CONSTRUCTION CONTRACT FOR POLICE IMPROVEMENTS; AN AMOUNT NOT TO EXCEED $2,000,000 TO BE TRANSFERRED AS NEEDED AND RE- QUIRED FROM CAPITAL IMPROVEMENT FUND (UNALLOCATED FUNDS) AND AN AMOUNT NOT TO EXCEED $3,500,000 TO BE TRANSFERRED AS NEEDED AND REQUIRED FROM FEDERAL REVENUE SHARING FUNDS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seanded 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. Mayor Ferre: Let the record reflect that this has the man- ager's approval and recommendation on it Mr. Andrews: This is allocation based on prior resolutions passed by the Commission to move ahead with the computers for the Police Station. This sets up the allocation. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-979 A RESOLUTION ALLOCATING $893,740 FROM THE POLICE AND CRIME PREVENTION FACILITIES BOND FUND, TO PROVIDE THE FUNDS NECESSARY TO FULFILL THE INSTRUCTIONS OF RESOLUTION N0. 74-614 FOR AWARD OF BID TO E-SYSTEMS, INC., FOR FURNISHING A COMPUTER SYSTEM TO BE USED BY THE MIAMI POLICE DEPARTMENT. (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. 70 SEP 121974 • z�, ACCEPT COMPLETED WORK - DOWNTOWN GOVERNMENT CENTER -BUILDINGS DEMOLITION 1973 The following resolution was introduced by Mr. PiuMmer who Moved its adoption: RESOLUTION NO. 74-980 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY BEN HURWITZ, INC., AT A TOTAL COST OF $6,600 AND AUTHORIZING A FINAL PAYMENT OF $660 FOR THE DOWNTOWN GOVERNMENT CENTER - BUILDING DEMOLITION - 1973 PHASE II. (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 pass- ed an;i adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, i'lrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. 21, ACCEPT COMPLETED WORK - ROBERTO CLEMENTE PARK -RESURFACING BASKETBALL COURTS 1974 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-981 A RESOLUTION ACCEPTING THE COMPLETED WC)RK PER- FORMED BY MARKS BROTHERS COMPANY, AT A TOTAL COST OF $4,161.28 AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS TO MAKE A FINAL PAYMENT OF $416.13 FOR THE ROBERTO CLEMENTE PARK - RESURFACING BASKET- BALL COURTS - 1974 FOR ALL WORK PERFORMED AND ALL MATERIALS FURNISHED. (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. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson. 71 SEP 121974 411 22i ACCEPT COMPLETED WORK - EDISON PARK TEEN CENTEL 9n Mr. Andrews: We're tentatively setting un a r1pdieation :1atw of October 3 at 10 A. M. unless the Commission would rather have another date. Mr. Plummer: Make it in the afternoon if you can. Two O'clock would be much better if that's agreeable'. Mayor Ferret Would you let our offices know,please. The following resolution was introduced by Mr. Plummer who moved its adoptions RESOLUTION NO. 74-982 A RESOLUTION ACCEPTING THE COMPLETED CONSTRUCTION OF CARL J. HOENES, INC. FOR THE EDISON PARK TEEN CENTER - 1973 AT A TOTAL COST OF $236,899.78; AUTHOR- IZING AN INCREASE OF THE SCOPE OF THE CONTRACT IN THE NET AMOUNT OF $980.78; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS TO ALLOCATE THE ADDITIONAL AMOUNT OF $980.78 FROM THE ACCOUNT ENTITLED "PUBLIC PARKS AND RECREATIONAL FACILITIES BOND FUND;" AND AUTHORIZING A FINAL PAYMENT OF $24,572.68 FOR THE EDISON PARK TEEN CENTER - 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: 'Mr. Plummer, Mr. Reboso, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Rev. Gibson Mrs. Gordon: I have a question to ask you on this about a name for this teen center. It would be nice if we prepared a name for someone who has contributed efforts to it. Mayor Ferre: Rose, before you, I don't even know who you're talking about but you know we've gotten into so much trouble on these naming things... Mrs. Gordon: Well, I will name somebody then... Mayor Ferre: Don't you think we ought to go to that committee? What is the name of that committee? Mr. Andrews: Cultural... Mrs. Gordon: All right, I think that we most definitely should go to the Memorial Committee on all of our recommendations and the Memorial Committee has been by-passed for quite some while. It would be a good idea to ask them to make recommendations for a name for this building and then perhaps we can have a name to apply to it when we dedicate it. Mr. Andrews: They are advisory to the Commission and I will 72 SEP 121974 try to have that answer for you on the 27th so that it will be in advance of the date and you can pass judgement on it. Mrs. Gordon: Thank you, that wi3.l be fine if you'll reach the committee. 23, ACCEPT COMPLETED IIOEK - ASTERN DRAINAGE PROJECT E-30 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-983 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY MARKS BROTHERS COMPANY AT A TOTAL COST OF $152,801; AND AUTHORIZ- ING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS TO MAKE A FINAL PAYMENT OF $15,280.10 POR THE WESTERN DRAINAGE PROJECT E-30. (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, Mrs. Gordon, Mr. Plummer, and Mayor Ferre. NOES: None. ABSENT: Reverend Gibson. 24, PARKS AND RECREATION BOND PROGRAM- DISTRICT #5 PARK FROPOSED FOR CENTRAL MIAMI AREA ACCEPTING DEED ETC. Mr. Plummier: Mr. Mayor, the manager brings to my attention on item 24; Reverend tlohnson did have to leave and I think out of fairness it should be deferred until he could be here. Mr. Andrews: Oh no. Mrs. Gordon: He's for it.... Mayor Ferre: We're very happy to have Dr. Warren in our midst who is a longstanding leading... All right, we'll hear from the Vice -Chairman. Mr. Plummer: I thought that the group that was in opposition or something Mr. Alfred Feinberg, attorney: Maybe I can clear up some con- fusion. My name is Alfred Feinberg, I'm an attorney and I've been retained by the Task Force Committee for the N oP Area, District 5 which is on your agenda as #24. I was retained by the pact committee, which is really redundant since the "c" in pact stands for committee, but I was retained by the Task Force because of a fear that the people in this community had that a park which was originally proposed in the original bonds for parks people would not be built in their community. We met on Tuesday with Mr. Andrews to discuss this park as well as all the other major parks in District 5 and I must say th't we got a tremendous welcome from Mr. Andrews and he made a number of committments to us, of course predicated on approval by this Commission which we are thoroughly and totally satisfied with and I am merely here to request that a resolution of some sort; perhaps today is the wrong day to ask for such a resolution because it could have to be a motion of intent, I'm told would be appropriate that we go ahead with these parks. I would ask in addition to the committments which were many that were made by Mr. Andrews yesterday concerning the location of these parks and the facilities that would be contained in these parks that certain other specific items be includee which are of great concern to the people in the community Y'ecause of past histor- ical experience with their parks in their community. They are as follows: In addition to the committments, and when I talk about the committments I am talking about building the parks in a geographical area where we all agree they ought to be built although there is some adjustment with regard to Dorsey that still has to be made and we understand that. In addit- ion to the committments made, we request and included in the committment made by the commission today or in a later reso- lution that a committment for the new parks and the rejeuven- ated parks in District 5 that is going to be made with the money from the bonds for park people, that these parks be furn- ished with equipment and playground furniture which is commen- surate with the amount and severity of use which can be ex- pected and anticipated. There was great concern that as in previous years parks had been build - I should say attempted - in this area with inferior equipment not equal to the task because of the great density of young children who play hard and tough on this equipment so we are looking for class "A" equipment in these parks so that they are successful not only when they are opened up but in 10 years and maybe in 20 years from now. We're further asking for a committment that is part of your committment concerning these park facilities; the City commit itself to adequatdt instructional supervisory and maintenance staff personnel on a continuing basis and on a priority basis relative to these same operations in the parks which are found in the more affluent and less densely populated neighborhoods of our community. The reason for this proposal is that while District 5 currently has parks, for example, there is Dixie Park, there's Dorsey Park or so-called parks. When you compare the maintenance and upkeep of these parks with parks such as Morningside Park you recognize immed- iately that the City has been totally lax in maintaining the facilities at these smaller parks which are in the poor neigh- borhoods, the very densely populated neighborhoods which are sometimes referred to as the central black district or the swamp- the newspaper has bemn referring to it as the swamp lately. And what we are asking for, if not equal treatment, we are asking for priority treatment in these parks because of the prior historical experience of neglect and a total irrelevance of the:maintenance of these parks and the main- tenance programs that the City has had in prior years. We are further asking for a committment for a continuing organ- ized activity program in these parks for all age groups that are expected to be using these parks and so part of these re- quests really go, not so much to the building of the parks because we are in basic agreement with Mr. Andrews and we would hope and assume that the Commission would agree with Mr. Andrews as he proposed these parks to us on Tuesday. But we are asking for a continuing committment that means a future money committment to staff these parks, to maintain these parks for organized instructional activity so that these parks could look like Morningside Park looks like today ten years from now. 74 SEP 121974 • Ara. Gordon! I agree, I move it just like you outlined it, how about that. I tell you why. Because in the first place, 1 don't think this should have been a deferred item to start with and I don't think this letter we received should have ever had to been done in this matter. We should not have been set aside and the responsibilty shifted to someone else as wa8 outlined in the letter that I received. Mayor Ferre: Mrs. Gordon, I will recognize you for the pur- pose of a motion after Mr. Andrews makes his presentation. Mr. Andrews: Mr. Mayor and members of the commission, the problem and their concerns began with many things but center- ed around one particular problem and thet is why this partic- ular area has not been developed as a park within the city when it has been designated for park development(referring to a map). Now this comes about because Metropolitan Dade County is going to be underway shortly with a housing project in its entire development and they acquired in addition to all the area you see in red which encompasses the green area and de- notes a park, they were acquiring that and for many years it was understood that they, at least understood by the City that Metropolitan Dade County would develop this area as a park. Now in our Parks for People Bond Program, in addition to all the other parks we have provided an allocation of $220,000 to acquire and develop an additional park somewhere in the cent- ral area somewhere between 6th and 9th streets. It was our hope and perhaps we're at fault for not communicating with the people in that area and the task force as well; we were try- ing to achieve two parks for them. One Metro would develop and because this was a densely populated are we were going to select the second site and we had been badgering Metro to assume the responsibility of developing this park particular- ly since under the Parks Bond Project, the Decade of Progress Bonds that Metro had, they had not allocated any money for the development of parks in this district or any other district in the City of Miami. Recognizing that if we pursue that another year could go by before we arrived at any definite conclusion in that area, I committed to these people that as we because more acquainted with what was happening in the total area that we were not going to pursue this that way anylonger. We're going to commit our $220,000 to go ahead and develop this park now, this area now and then we will continue our appeal with Metropolitan Dade County in an effort to get that $220,000 and more back through the Decade of Pro- gress Bond Issue because these people are making a 25% contri- bution through whatever taxes they pay and to have that money turned over to the City so we in the City of Miami can devel- op additional parks within theCity. There is a second poten- tial approach for additional funds for more parks and that is through, and you'll became more acquainted with this as time goes along through the housing and community development funds which we received. So we've settled on that and they asked to show good faith that we do something about having this property deeded to the City of Miami. That very same day, I want you to know that we communicated with Metropolitan Dade County, arrangements have already been made to transfer title of this.property. I have here a resolution which is in the Commissions books which I want them to pass which will author- ize me to accept that property and accept the deed so that we can get under way with planning. Now there are several other matters which I won't take time to explain in detail now that we have to work with the Task Force in further evaluating Dorsey Park and what we want to do about Dixie Park and the additional land that Metro is acquiring and we will develop and 75 SEP 121974 Operate. But those are decisions that have to be made as yet by working with the Task Force and City Staff and they're aware of this. We must have spent a good hour on this if not an hour and 15 minutes in going over all these 'matters but the important thing is that we're going to go ahead immediately with this park. Mrs. Gordon: Mr. Andrews,,in the district, otherwise I wouldn't bring it up, but you received a letter from the woman's council of realtors saying that they were willing to develop another park in that vicinity at their own expense and that the only thing the City would have to do is take over the maintenance of it after it was developed and it belongs, if you recall, to a Mr. Sawyer who is a brother of representative Wayne Cherry. Do you recall that? Are you familiar with that letter? Mr. Andrews: Partially, not in enough detail to talk about it. Mrs. Gordon: Would you be good enough to look into that and give me somekind of an answer on whether or not the City will or will not participate? They're anxious to do this because Mr. Sawyer is anxious for his father's memory to be kept alive and he would like that park, the land which he owns named after his father. So I personally think that is a great way to get some open space in an area that needs it and it won't cost the City anything, not for the land and not for the development either. So bear that in mind. I think the location was on 2 or 3rd Avenue around, I'm not sure, 6th or 7th Street, in that vicinity. Mr. Andrews: Now there is one more matter that they've ex- pressed a concern about. I have: to agree that the county came in and developed a recreat:.onal area here. The standards they've set... Mayor Ferre: Are these county? Mr. Andrews: Yes. They've set standards there that are not equivalent to the standards of the parks in the rest of the City of Miami. I feel it is the City's obligation to assist them, these are residents of the City of Miami whether it is the School Board or the county, we're going to have to assume our burden of responsibility of working with them to make sure that when the county makes a committment or the School Board makes a committment in our community to do certain things that those things are going to be followed up. Mr. Feinberg: If I may have one last statement here. I would like to point out to you, I know you're concerned about money, under the original bond issue for this disputed park, the pro- posed central Miami park which is no longer disputed, proposed $220,000. some $120,000 of it or so was for land acquisition. As it turns out, this property was purchased under the, by Metropolitan government under its urban renewal program, its NDP Program and it is now being dedicated to the City for nothing so the entire $220,000, and now I see it's been up to $225,000.... can be used, rather than using half of it to pur- chase the land. the entire amount can be used to develop it and perhaps we can even get an indoor recreation area on that land which is not now currently proposed but people in the area desperately want that. Mrs. Gordon: What is the size of that tract? Mr. Feinberg: Three acres. 76 SEP 121974 Mr. Andrews: I'm recommending that you pass a motion of in- tent; What t've Cott pitted is acceptable to the Commission and you established that as a policy and (2) that you adopt the resolution that's in your books which 1 can read in reference. Unknown " : I would like to add:just a few things to what Mr. Feinberg said. We would like a definite date for the coin.. pletion of this park. Mr. Andrews: I had also committed, and I'm not going to give you that date now. I don't want to give anyone any false hopes whether it is a long date or a short date you'll have an oppor- tunity to criticize it but you should understand the dates we arrive at and I did state that we would put all of this in writing to them after the meeting and I will announce in that letter I send to you the scheduling of the instruction as well as we can. Unidentified Speaker: I would like to go on record asking whether the money that will be appropriated for this park, whether that would be taken awayfrom some other park in the area? Mr. Andrews: No. Unidentified Speaker: The total amount of money towards this park will go for this park. It wouldn't take away from the development of Dixie Park or Dorsey Park. Mr. Andrews: That's right but there are some problems that need to be resolved which Mr. Feinberg and I think the group, I don't remember that you were present at the meeting, I didn't think you were in which we're asking for their assistance as far as all the money that's established for parks in that area as how to beat spend those that will serve the community the most. But I want to assure you all those monies will stay in tact in that district for parks in that district. Unidentified Speaker: One more point. I would like to reco- mmend that the Task Force Committee work along with the City and not only developing this park but maintaining It bEc:Iuse frankly, I'm not p/ease0 with the maintenance of our parks in that area and we would like to work along with theCity of Miami in developing it and maintaining these parks. Mr. Andrews: Yes, sir. The following motion was introduced by Mrs. Gordon who moved its adoption: MOTION NO. 74-984 A MOTION ACCEPTING THE RECOMMENDATIONS OF THE CITY MANAGER WITH RESPECT TO PROPOSED CENTRAL MIAMI AREA PARK (RECREATION BOND PROGRAM, DISTRICT NO. 5) AS SET FORTH IN MEMORANDUM TO THE COMMISSION DATED SEPT- EMBER 6, 1974. Upon being seconded by Rev. 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. 77 SEP 121974 • The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74.-985 A RESOLUTION AU'HDRIZING AND DIRECTINT THE CITY MANAGER TO,ACCEPT PROM METROPOLITAN DADE COUNTY A DEED TO THE PROPERTY IDENTIFIED AS SITE 304 AND TO IMMEDIATELY IMPLEMENT ITS DEVELOPMENT AS A PARK ACCORDING TO PLANS TO BE APPROVED BY DISTRICT 5 TASK FORCE. (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. 25, PERSONAL APPEARANCE - JOHN BARRETT , ATTORNEY RECEIVER APPOINTED BY COURT' CONCERNING FORECLOSURE OF MORTGAGE OFLow iY Mayor Ferre: This is an out of pocket item at the request of former City Attorney Jack Barrett who is always welcome in our midst. He served this City with great distinction for several years and we're happy to have you here, Judge. Mr. Barrett: Thank you very much, Mr. Mayor. Mayor Ferre: Now Judge, we're doing this, we're taking it out of pocket. It is not on the agenda and I understand Mr. Traurig is here on the same item and I would be very grateful if you would both limit your presentations to 10 minutes. Mr. Barrett: Your honor, you have my assurance that I will exactly that and I'm sure Mr. Traurig will. I find myself in a rather difficult posture standing before this commission be- cause I don't really know who it is I'm fighting for and who it is I'm fighting against. As of approximately 3 days ago I was appointed by Judge Friedman to act as court appointed re- ceiver in the Sailboat Key matter. As you may or may not know Sailboat Key has had an action for foreclosure brought against it, three moving parties as plaintiffs are attempting to col- lect some 81 million dollars owed to them under the terms of the mortgage. Now in the past two days I, of course, have simply been gathering information. I've simply been attempt- ing to educate myself concerning the multiple facets of this tragedy, perhaps that is the best way to describe it. I have learned that there was a lawsuit commenced before Judge Grady Crawford in Circuit Court and it involved a question of the validity of a City of Miami permit. I understand that upon ruling by Judge Crawford appeal was taken to the District Court of Appeals by both parties, I further understand that t'.,e matter is presently before the Florida Supreme Court on cert- iorari. There is a second lawsuit involving a City of Miami permit which is presently before Judge Friedman's Court and it is my understanding that there will be an evidentiary hear- ing on that matter November of this year. There is yet a third lawsuit affecting this property of which I am receiver and for 78 SEP 121974 • lack for a better term I'll call it an ecological suit which is presently in a federal court before Judge Eden. There will be a hearing on that next Monday. The precise status of that lawsuit I amn not acquainted with. The fourth suit, of course, represented by the foreclosure suit which resulted in my appoint- ment as receiver. I stress the fact that I am► in the eyes of the law, simply an extension of the court. 1 stress the fact that I am a neutral party but I stress the fact also that my moat imperative obligation to the court is the preservation of the value of this property. Now I understand, and I have been advised that at the Commission Meeting of the 19th this Commis- sion intends to have a public hearing concerned with a master zoning plan for Coconut Grove. I understand that that master zoning plan will in fact encompass the property of which I am now receiver. I further understand that the proposal might result in a downgrading of zoning of that subject property from R-5 down to either R-4 or R-3. Now if in fact that downgrad- ing occurs I am further advised that at least nominally or apparently.the value of this property will be reduced from some $15,000,000 to approximately $3,000,000. I remind you again the party is suing to foreclose now relying upon and having every reason to rely upon the then zoning and the then appraisal loaned 811 million dollars on this property which I believe could be precipitously reduced in value to some three million dollars. My further understanding is that the two lawsuits to which I refer involving City of Miami permits will turn on the question of the validity of those permits. If, in fact, Goldberg and Sailboat Key received and has a valid permit from the City of Miami you cannot downgrade the zoning. If he does not have a valid permit issued by the City of Miami I think there might be appropriate legal basis upon which you could claim a right to downgrade that zoning. In very short summary, what I am attempting to suggest is that if you pro- ceed to take precipitous action against this property through some type of a newly conceived zoning plan you are without knowing the question of the validity or invalidity of the per- mits previously issued by the City going to cause irrepairable harm to this property. Give me just a moment more to develop that. If, in fact, Goldberg prevails; if, in fact, he was en- titled to his permit; if, in fact, you cannot downgrade the zoning but if by virtue of this precipitous act of apparently downgrading the zoning you are going to reduce the value of that property substantially, you're going to make it impos- sible to secure financing on that property, you are going to make it impossible for these creditors who are now in the bag to the tune of e1 million dollars to satisfy the obligation owed to them. What is my suggestion? I do not wish to sug- gest any interruption in what this City plans to do. If, in fact, you think a new master zoning plan for the City of Coco- nut Grove would be appropriate - by all means have your public hearings and by all means make your own determinations concern- ing it. But by virtue of the nature of the pending lawsuits I respectfully request that you simply stay any action con- cerning Sailboat Key at least until such time as we can have the question of the validity of these permits appropriately resolved by a court of proper jurisdiction. I would ask that that be done. I would ask that this property be carved out and simply ignored until such time as those questions are re- solved and I ask because I think it is appropriate, fair and decent with my experience with this Commission has been that that is the sort of thing that you want to do. I'm confident you want to do the decent thing. I'm confident if you under- stand the equities involved and the innocent people who would otherwise be affected if you did not avoid this precipitous action, I'm confident that you will consider it, give serious 79 SEP 1.21974 41‘ thought to it and possibly grant it. Thank you. Mr. Plummer: Let me ask a question. John, are you for the record Stipulating that in fact that the people, the mortgage holders that you represent through as a receiver of the court, that the only collateral that they took for that granting of that monies was the property itself. Mr. Barrett: Commissioner, I will respond to that question as follows: I want to disabuse you of one thought. 1 do not represent the mortgage holders. I do not represent the creditors. I am simply an extension of the court and I am simply concerned with the preservation of the property to the extent that I am concerned with the preservation of the value of the property. I will find myself interested in many facets any many subjects and many parts of this lawsuit. But I do not represent any one of them or any collection of them. Mr. Plummer: Agreed, now answer the question. Mr. Barrett: I'm sorry I couldn't but I would suggest that council might very well Mr. Plummer: Oh Bob, are you council for the mortgage holders? Mr. Robert Traurig: I, together with the firm of Burt Tannenbaum? of the firm of Snyder, Young, Stern & Tannenbaum represent them in this foreclosure. He represents Cabbot Cabbot & Forbes, I represent Hospital Mortgage and Fidelity Mortgages also. Mayor Ferre: You represent the court. Mr. Barrett: Right. Mayor Ferre: You're here as the receiver so you're represent- ing the court. Mr. Traurig: And we're representing the plaintiffs. Mayor Ferre: All right, now I want to make a statement for the records so we all understand this very clearly, Bob and Jack. We are to have a public hearing on this item, that affects this item. The date of that hearing is on the 19th of September. We have to be very careful on this Commission and I would like to warn my fellow commissioners that I think it is alright for us to listen for a while but I would respect- fully request that we not comment because then that would mean that we're getting involved in the process without giving the public the benefit at a public hearing to hear on these things!.. If you want to make a statement for the record that is fine. I accepted yours and I will accept your and then we're going to move on. Mr. Traurig: On that issue, Mr. Mayor, we merely wanted to advise you formally of the pendency of this foreclosure act- ion and the role which Mr. Barrett plays and to advise you that we have already in very good faith begun a dialog with the people in the Bayshore Association, the Tigertail Assoc- iation and your Planning Department so that we could under- stand the problems with a view towards a resolution of the problems whick everyone can accept. We are not here to recite the facts to the case or the justifications for your taking one form of action or another form of action. We are merely here to say that very valuable property rights are involved and many things are presently transpiring which the ultimate 80 SEP 121974 • result of which will affec-: us. We're asking you, therefore, to as I think Mr. Barrett indicated, carve out this property, hear the Coconut Grove Study, take whatever action is appro- priate in connection with the Coconut Grove Study but by reso- lution perhaps today agree not to take any action on this port- ion of the study until such time as a very full and complete discussion has occured between the property owners who object to the development of Sailboat and the Planning Department of the City of Miami and those people who are represented by the council here today til all of those people can have the mean- ingful dialogue which we think can perhaps resolve these issues. I realize that only this Commission and the courts can ultimately resolve the issues but we would like to come to you with some plans which we think might be considered as alternatives to what is presently presented. Mayor Ferre: Mr. Traurig, let me just make this statement and I think, I hope we can move on beyond. Our responsi- bility as the policy board of this City is first and foremost the people. Now your responsibilities to your clients as Judge Barrett's responsibilities to the court. Now this is my personal opinion, and Mr. Lloyd you stop me if I get into trouble here on the law, but I 3on't think that we can today even discuss this matter because we have a public hearing specifically for that purpose and we cannot get involved in a discussion of this item without giving the public the oppor- tunity to express their opinion. So you see, I think that this Commission must be a blind to the fact that this property is in receivership. Who owns it or who doesn't or who will own it or who will do, we must address ourself to our task which is a task of rezoning a property or a plan, an overall plan. Now, I will recognize you on the afternoon or the evening of the l9th, an ,appropriate time for you to present your situation and for you to present yours and at that time I think would be the appropriate time for this Commission to deliberate and make a decision if it so wishes to delete this portion from the plan if that's what this Commission wants to do or not to do so. Mr. Barrett: Mr. Mayor, I have just two observations to make and then I'll wrap it up and leave you. The first observation is that it would seem fruitless for us to be heard or to appear on the 19th if you are personally satisfied that the equities involved with this receivership are factors that this Commis- sion should not consider. I respectfully submit that in view of the nature of the litigation presently pending against this property, and in view of the iirepairable damage that can be done precipitously and perhaps unintentionally to this property it would be well within the purview of this Commission's author- ity as a matter of policy to simply disregard a consideration of that portion of the plan until such time as the legal quest- ions were resolved. The second thing I'd like to say, and I wouldn't like to debate it, the second thing I'd like to say that I'd like to express my appreciation for your generosity and kindness in hearing this today. I know that we were not agended and I do appreciate the courtesy. Thank you. Mr. Traurig: May I just add one other thing, Mr. Mayor? It is obvious, your concern and the concern of your Commission over the best interests of the people of the City of Miami have merit and we are not asking you to do anything which you think would have any adverse affect upon the plan or the legal position of any party. We merely are suggesting to you that perhaps at this point in time not withstanding the absence of other people who are equally interested in the Coconut Grove 81 SEP121974 • Plan you Might agree that the portion relating to this property could be deferred },ithout doing violence to the plan in general. That's all, we ask you. Mayor Ferrre: That's a matter of opinion and unless Mr. Lloyd wants to add anything to what I've said, as far as t'm con- cerned, unless eotaeone on this Commission wants to open it, the matter is closed. 26. RENEW ADVERTISING AND PUBLICITY AGREEMENT BETWEEN METRO AND CITY FOR JOINT CITY AND COUNTY ADVERTISING PROGRAM FOR 197175 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-986 A RESOLUTION APPROVING THE RENEWAL OF THE ADVERTISING AND PUBLICITY AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI FOR A JOINT CITY AND COUNTY PUBLICITY AND ADVERTISING PRO- GRAM FOR THE 1974-1975 FISCAL YEAR, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID AGREEMENT, EFFECTIVE OCTOBER 1, 1974, AND DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION AND THE RENEWAL AGREEMENT TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS OF METROPOLITAN DADE C COUNTY. (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, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Mrs. Gordon and Mr. Reboso. 27. ACCEPT BID - 3 1250 G.P.M. CUSTOM BUILT TOP OF THE LINE MODEL PUMPERS WITH 5 MAN CANOPY CUSTOM CABS FOR USE OF THE FIRE 1)EpfRTMENT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-987 A RESOLUTION ACCEPTING THE BID OF OREN ROANOKE CORPORATION FOR FURNISHING THREE (3) 1250 G.P.M. CUSTOM BUILT, TOP OF THE LINE MODEL PUMPERS WITH 5-MAN CANOPY CUSTOM CADS FOR USE BY THE FIRE DEPARTMENT AT A TOTAL COST OF $179,694.00: AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS TO ALLOCATE $179, 694.00 FROM THE FEDERAL REVENUE SHARING ACCOUNT FOR THIS PURPOSE. 82 SEP 121974 • • (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Perre. ROES: None. JOINT ADVERTISING AGREEMENT - ADVERTISING & MARKETING ASSOCIATES INC. 2$ FOR_EXTENSI ON OE TWQ YEARS WITH D DE COUNJV ETC, Mayor Ferret We're not kidding, let's move on. 58. r. Does somebody want to move it or deny it, or what do you want to do? Mr. Plummer: Let me tell you something. I'll go for this thing but I want this stuff to stop. Mayor Ferre: What stuff? Mr. Plummer: The white sheet, the blue sheet, the... What are we, a newspaper? Now listen, I'm telling you, all kidding aside. You know there is a thing in this Charter that speaks to things being brought up out of turn, speaks about a thing and I just want to put you on record. The next time this hap- pens I'm going to invoke the rule. Mrs. Gordon: Ok. I'm with you, J.L., invoke it now. Let's go in an orderly fashion. Mr. Plummer: Rose, we haven't had a meeting for 8 weeks. Now all I'm saying to you is; you know the next thing I'm going to be looking at is a red sheet, a purple sheet. But I'm all seriousness. I study these agendas and I spend a lot of time studying these agendas and now i.hey throw something at the last minute, I think it is wroncr. It has to stop so I'm just putting them on notice, Paul. You know the next time it hap- pens I'm going to invoke the rule. Now you want 58.r., Mr. Mayor, I'll move it. Mr. Andrews: What I think you should do, and I would be glad to follow is that we follow strictly the ordinance that exists for the preparation and delivery of agenda materials and if other things are not ready I'm not going to put them on the agenda anymore. This is a Commission policy. I'm trying to be cooperative. Mr. Plummer: Pauj,ok... Mr. Andrews: with the commission to bring to you all the items that come tome that people express that are emergencies they have to be done and so forth. Mr. Plummer: I know. Mr. Andrews: And in doing that the Manager and his staff and the City Attorney and everybody end up in precariois positions. Mr. Plummer: That's right. Ok, I'll move 58.r. 83 SEP 1 1974 • • The following rdsolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO, 74-988 A RESOLUTIONS AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ENTER INTO A JOINT CITY AND COUNTY PUBLICITY AND ADVERTISING AGREEMENT WITH ADVERTISING & MARKETING ASSOCIATES, INC. FOR AN EXTENSION OF TWO YEARS COMMENCING OCTOBER 1, 1974 THROUGH SEPTEMBER 30, 1976; AND DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUT- ION TO THE CLERK OF THE BOARD OF COUNTY COMMIS- SIONERS OF METROPOLITAN DADE COUNTY. (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. Plummer, Rev. Gibson, Mrs. Gordon and Mr. Reboso and Mayor Ferre. NOES: None. 2J, ACCEPT PLAT - BAY CLUB SUBDIVISION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-989 A RESOLUTION ACCEPTING THE PLAT ENTITLED BAY CLUB SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, AND ACCEPTINT THE DEDICATIONS SHOWN ON SAID PLAT AND AUTHOR- IZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (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. 84 S E P 12197 4 _ ACCEPT COMPLETED WORK 30 . ,� F SOU �� t GH�►AY II1PROV . M NCH -4350 mht fallowing resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-990 A RESOLUTION AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY COMMISSION OF THE COMPLETED CONSTRUCTION OF JEFFERSON HIGHWAY IMPROVEMENT H-4350 JEFFERSON HIGHWAY IMPROVEMENT DISTRICT H-4350. (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: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 31, DESIGNATE SIEGENDORF BICYCLE PATH AS RECREATION AREA AND CONVEYING RIGHT OF WAY DEEP The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-991 A RESOLUTION DESIGNATING THE SIEGENDORF BICYCLE PATH A RECREATION AREA FOR USE BY THE GENERAL PUBLIC; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND RECORD IN THE OFFICE OF THE COUNTY CLERK A RIGHT OF WAY DEED CONVEYING THE USE OF THE SIEGENDORF BICYCLE PATH FOR RECREATIONAL PURPOSES ONLY, SAID DEED BEING A REQUIREMENT OF THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, THE PROGRAM UNDER WHICH FUNDS FOR CONSTRUCTION OF SAID BICYCLE PATH SHALL BE PROVIDED. (Here follows body of resolution, omitted here and on file in theCity 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. 85 S E P 121974 32, WASTE COLLECTION LICFASEL TO ABBOTT'S RECYCLING INDUSTRIES INC. The following resolution was introduced by Mr. Plummer who Waved its adoption: RESOLUTION NO. 74-992 A RESOLUTION AUTHORIZING THE ISSUANCE OF NAST'S COLLECTION LICENSE !O ABBOTT'S RECYCLING INDVSTRIES, Mc., 20420 LEEWARD LANE, MIAMI, FLORIDA FOR COMMERCIAL WASTE COLLECTION BY THE CITY OF MIAMI. (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. 33, �lA�1SANDN.JA�K�D�V1���HMENT OF L00 THEW COST AIR SERVICE BETWEEN RRTEF DISCUSSION AND REFERRED GREATER jr1I)MI TRAFFI;. COMMISSION Mr. Plummer: Paul, I thought this came with a recommend- ation. Mr. Andrews: Not with mine. This is a policy of the Commis- sion. Mr. Plummer: I withdraw it. Mayor Ferre: I'm not against it, I'm just saying I hope you realize what you're doing. Mr. Andrews: This is something you ought to refer to the Traffic Committee that we spend $15,000 a year on Mr. Plummer: I make a motion we refer it to the Traffic Com- mittee that we spend $15,000 a year on. Mayor Ferre: ... And we pay those people. I remember on the budget I used to fight that thing in '69... Nr. Andrews: And they make allthe analysis and determine whether thus is a good thing for the community or not and.... Mayor Ferret The thing is, look, you see, it sounds very easy that we're all for more transportation to Jacksonville from Miami and I'm all for it. I happen to be for it and if it comes up before this Commission I'in going to vote for it today but I think we have to recognize that I'm voting on pure emotionalism without really knowing all the facts. Mr. Plummer: Well really, as I read the back up to this thing the facts are that there is no direct service between here and Jacksonville. Mayor Terre: That's not so. 86 SEP 121974 • Mr. Plu *ber: tj The letter 1 read said there wasn't. Mayor• Ferre: 1 take pla-tes there all Of the tithe. 1 take National and Delta all t%e tithe when National is flying.. Mr. Pluter: Well wait a minute, don't take my word for it let to get that memo. It's not in my book. Mayor Ferre: It may have came from my office because they requested that this matter come before this Commission but I want to point out to you before you vote on it that this has i*plications and this is not, we're not a Federal Aviat- ion Bureau or CAB or whoever regulates these .... Mr. Andrews: You're not in a position to have received all of the information on which you can really make a judgement as to whether this is good or puts one ahead of the other in route and the affects... Thereupon the following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-993 A MOTION REFERRING TO THE GREATER MIAMI TRAFFIC COMMISSION A PROPOSED RESOLUTION URGING THE IM- MEDIATE ESTABLISHMENT OF LOW COST INTER -CITY AIR SERVICE BETWEEN MIAMI AND ALL FLORIDA CITIES, PARTICULARLY JACKSONVILLE, AND URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO SUPPORT THE POSITION TAKEN IN SAID RESOLUTION. Upon being seconded by Rev. 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. ON ROLL CALL: Mr. Plummer: Just for the record, I want to read that Plummer isn't crazy. From what I've got in my agenda kit it says here there is no way that an airline can enter operation within 90 days when to date there are no planes nor personnel nor sched- ules. So I just want that for the record. I will vote to refer. Mayor Ferre: Now what that;means as I interpret it, is that they don't have but I know Delta flies to Jacksonville and so does National. I think you're right, that statement is very ambiguous... 34, APPOINTING ADDITIONAL MEMBERS TO CITY OF MIAMI COMMITTEE ON FCOLOBY AND BEAUTIFICATION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-994 A RESOLUTION APPOINTING TWO (2) ADDITIONAL MEMBERS TO THE LIST OF MEMBERS OF THE CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION. 87 SEP 121974 (Here follows body of resolution, omitted here and on file in the City cletk' a office.) Upon being seconded by Mr. Reboso the resolution was paaaed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. HOES t None. 35, SET TIME AND DATE FOR SEMI-ANNUAL PUBLIC HEARING ON APPLICATIONS FOR IBANSFER OF, A;ERTI FjCATES OF PUBLIC IONMEN I ENCE AND NECEW I TY The following resolution. was introduced by Mr. Plummer who moved its adoption:} RESOLUTION NO. 74-995 A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR PUBLIC HEARING FOR FRIDAY, SEPTEMBER 27TH AT A TIME TO BE DETER- MINEb BY TIC CITY MANAGER IN THE CITY COMMISSION MEETING ROOM AT, DINNER KEY, MIAMI, FLORIDA FOR THE TRANSFER OF CERT- IFICATES OF PUBLIC CONVENIENCE AND NEC- ESSITY AND MATTERS PERTAINING THERETO. (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. 36, APPOINTING _ADDITIONAL MEMBERS TO GENERAL CULT1IR!L HISPANIC COMMI1111 Mayor Ferre: On item 37 we have a sheet missioner Gordon has submitted. Let the Reboso has Dr. Richard Tejera and I have the file. Mrs. Gordon, would you submit Clerk's Office. of people that Comp record reflect them. three which are in your list to the The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-996 A RESOLUTION APPOINTING ADDITIONAL MEMBERS TO THE GENERAL CULTURAL HISPANIC COMMITTEE. (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, Mt. Reboso, Rev.' Gibson and Mayor Ferre. NOES: None. 88 5EF 1'4 1974 • • PROCLAIM POLICY OF THE CITY COMMISSION TO ACTIVELY PARTICIPATE 37. niALTARIC HLRITAGE WLEK IN MIAMI 1914 Mrs. Gordon: Before you go on, Mayor Ferre, may I ask you t.o set some guidelines of:What you wish this committee... Mayor Ferre: Well, here'4 one right now. I was just going to make a statement.... Rose, here's the background on that. We have all the time all these things about The Man of La Mancha and problems with this and we're going to help this theatre group and that ballet group and we've got visitors who come here and I think we ought to have some committee that is know- ledgeable in the cultural affairs of our community, the Spanish Community... Mrs. Gordon: ...select a chairman and that sort of thing? Mayor Ferre: Yes. I think we will ask them to convein on this item 38 and then at that meeting they can select a chair- man. We'll set the guidelines, I'll let you, my office will let all the Commissioners know when we'll convein and I think you ought to be there representing the administration, Mr. Paredes. In fact, will you kind of coordinate it and get that meeting called? You know what I'm talking about? Hispanic Cultural Committee, General Cultural Hispanic Committee. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-997 A RESOLUTION PROCLAIMING THE POLICY OF THE CITY OF MIAMI COMMISSION TO ACTIVELY PARTICIPATE IN,THE SCHEDULED CELEBRATION OF HISPANIC HERITAGE WEEK IN MIAMI - 1974, AND FURTHER URGING ALL RESIDENTS OF MIAMI TO JOIN IN THE CELEBRATION OF THE ANNIVERSARY OF THE DISCOVERY OF THE AMERICAS DURING HISPANIC HERITAGE WEEK. (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. Mayor Ferre: Mr. Paredes, would you coordinate this meeting and have them take up 38 on the agenda as the first item after they've organized themselves and let the Commission know when it should be late afternoon or evening and we ought to hold it right here and let everybody.... Mr. Plummer: And then contact the Dade League because we have been asked by Ray Goode to coordinate all of the act- ivities of that designated week. So please get in touch with Mr. Marchner of the Dade League. They're just a co- ordinator, Mr. Mayor. Mayor Ferro: Well maybe they ought to be involved in the first meeting. 89 SEP 121974 38, L1.AMEfiTJ.EVENT - JUANA RODRIGUEZ AND _PEDRO ROAIGUEZ. Mr. Plummer: According try your memo this lady tripped on a broken traffic device. ' Mr. Andrews: Sign. Mr. Plummer: As I understand it the City of Miami does not have any responsibility on traffic signs. Mr. Lloyd: This is correct. However, the City of Miami has a responsibility to keep the streets and sidewalks reasonably safe and that has been gone through in the courts years ago when I was handling torts and it is our responsibility to see to it that if a sign is broken for a period of time and not fixed that the dangerous portion of the sign is removed. Mr. Plummer: Well, is it then likewise that you should turn around and behoove the county to pay that money? Mr. Lloyd: No, because what we do is when we find out about the sign we notify Metro. They promptly fix the sign but if we haven't found out about it. Mr. Andrews: What you're suggesting is we could try and that is to communicate they owe us for $300.00 for having paid certainly something to Metro and tell them this. Mr. Plummer: You're damned right. It won't hurt anything. You're so used to these high figures that you can't come down to this little stuff. I'll move it, Mr. Mayor, with the in- tention that they try to,recover the monies from Metro whose sole responsibility the signs are. I'll move it, and then the other portion. Mr. Lloyd: We won't need to change the resolution, we'll just go ahead on your instructions. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-998 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JUANA RODRIGUEZ, A MINOR, AND PEDRO RODRIGUEZ, HER FATHER AND NEXT FRIEND, WITHOUT THE ADMISSION OF LIABI7AITY, THE SUM OF $300.00 IN FULL AND COMPLETE SETTLEMENT OF ALL C'AIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASINC THE CITY OF MIAMI 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 Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Vice -Mayor Reboso. NOES: None. ABSENT: Mayor Ferre. 90 SEP 11914 • 39. CLAIM SETTLE( - MONA LUDO 5 The following resolution was iitroduced by Mr. Plummer ►ho moved its adoption: RESOLUTION NO. 74-999 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MONA LUDWIG, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $46.80 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI 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 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. 40, CLAIM SETTLEMENT - BERTHA LEVY AND MAURICE I. LEVY SETTLEMENT DF SUIT FILED AGAINST T}IE CITY Mr. Plummer: I have a question on 40. Obviously, there must be some other liability involved in 40. Mr. Lloyd: That is correct, there was a co-defendent in the case and they paid the major, far more than we. I think they paid $1500. That was an abutting property owner. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1000 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO BERTHA LEVY AND MAURICE I. LEVY, HER HUSBAND, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $600.00 IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES SUSTAINED BY MRS. BERTHA LEVY, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI 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 Rev. Gibson the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. MOBS: None. PROVIDE FOR FEES TO BE CHARGED IN ACCORDANCE WITH PROVISIONS OF 4i, ANNUAL CERTIFICATE OF USE RENEWAL ORDINANCE FIRST READING QRDRIANCE Mr. Plummer: That's with the assumption that the City Manager is saying that this will itself liquidate that program. An ordinance entitled: AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BY DELETING SECTION 2-24.1(e) AND SUBSTTTUTTNG THERRIonR A NEW SEf'l'ToN ?-941.1(e) ! PROVIDING THE FEES TO BE CHARGED IN ACCORD- ANCE WITH THE PROVISIONS OF THE ANNUAL CERT- IFICATE OF USE RENEWAL ORDINANCE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT. was introduced by Mrs. Gordon, seconded by Mr. Plummer and passed on its first reading by title by the following vote - AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. CONFIRM ACTION OF CITY MANAGER IN SUBMISSION OF STATE GRANT APPLICATION TO INITIATE PROGRAM FOR 42, COMMUNITY DAY CARE SERVICES The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1001 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A STATE GRANT APPLICATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE STATE'S ASSISTANCE FOR COMMUNITY SERVICES PROGRAM TO INITIATE A PROGRAM THAT WILL PROVIDE COMMUNITY/DAY CARE SERVICES AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREE- MENTS'NECESSARY TD IMPLEMENT THE PROGRAM UPON RECEIPT OF THE GRANT. • (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. Mrs. Gordon: Mr. Andrews, have you heard on this yet, are we getting the money? Mr. Paredes: Yes, we have contacted Tallahassee and the money available for Dade County has been released and we do have a very good chance of receiving.... Almost the exact amount that we requested... Mr. Andrews: Mrs. Gordon, it is still informal, you understand until we get the actual contract and so forth. 92 SEP 1219,74 • • Mr. Paredes: No final committrnent yet. Mr. Andrews: No final cont ittment. Mt?. reservation is there... Mrs. Gordon: How much of the three hundred and some odd thousand dollars are we getting in the City of Miami? Mr. Paredes: The $300,000 is already City of Miami Federal Revenue Sharing Funds but we're talking about an additional grant of $122 thousand. Mrs. Gordon: That's what I'm talking about, the additional. Mr. Paredes: It would be $122,500... Mr. Andrews: Plus 11,000. Mr. Paredes: 11.000 for the handicapped. Mr. Andrews: It is two ?arts. CONFIRM ACTION OF CITY MANAGER IN SUBMISSION OF STATE GRANT 431 APPLICATION TO INITIATE PROGRAM FOR RECREATIONAL ACTIVITIES FOR THE HANDICAPPED The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1002 A RESOLUTION CONFIRNING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A STATE GRANT APPLICATION TO THE DEPARTMENT OF HEALTH AND REHABILITATION SERVICES TO INITIATE A PROGRAM THAT w ILF, PROVIDE RECREATIONAL ACTIVITIES FOR .I HE HANDICAPPED THROUGH THE CITY' S DEPARTMEN1 OF PARKS & RECREATION, AND FUR' `HER AUTHORIZING THE CITY MANAGER TO ACC:PT THE GRANT AND EXECUTE CONTRACTS AirD AGREEMENTS NECES- SARY TO IMPLEMENT TIE PROGRAM UPON RECEIPT OF THE GRAN"'. (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 Ferre. NOES: None. 93 S EP 121974 41 • ' 44. PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL No. E-7095.. 4 AND PARCEL No. E-7095 , 5 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION E. 74-1003 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TERMINATE, BY ANY APPRO- PRIATE MEANS, THAT PART OF THE CITY OF MIAMI VS. GISELE FASHIK, ET AL., CIVIL ACTION NO. 74-21840, DEALING WITH PARCEL NO. 7095-4, IF SAID TERMINATION CAN BE ACCOMPLISHED BY A TOTAL PAYMENT TO THE LAND OWNER, HIS ATTORNEY, AND APPRAISERS OF $8,090 AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR OF THE CITY OF MIAMI TO ALLOCATE THE NECESSARY SUMS FOR SAID PURPOSE. (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. Mr. Lloyd: May I just give a brief explanation? These are these two parcels in connection with the Martin Luther King Boulevard Park Project. Mayor Ferre: You're better, off to do what you're doing. We're all in agreement. You recommend it, don't you? Mr. Lloyd: Yes, sir. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1004 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TERMINATE, BY ANY APPRO- PRIATE MEANS, THAT PART OF THE CITY OF MIAMI VS. GISELE FASHIK, ET AL., CIVIL ACTION NO. 74-21840, DEALING WITH PARCEL NO. 7095-5, IF SAID TERMINATION CAN BE ACCOMPLISHED BY A TOTAL PAYMENT TO THE LAND OWNER, HIS ATTORNEY, AND APPRAISERS OF $28,850 AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR OF THE CITY OF MIAMI TO ALLOCATE THE NECESSARY SUMS FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) ti Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote -AYES= Rev. Gibson, Mfrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. 94 SEP 1 191,E 41 • 4S, WAIVE RENTAL FEE FOR USE OF MIAMI STADIUM TRUSTEESOF CHRISTIAN HOSPITAL BENEFIT PERFORMANCE FOR sAyg CHRt$T1qN HOSPITAL. FUN$ The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 1005 A RESOLUTION AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS OF THE CITY OF MIAMI TO WAIVE RENTAL FEE FOR USE OF THE MIAMI STADIUM BY THE BOARD OF TRUSTEES'OF CHRISTIAN HOSPITAL ON SEPTEMBER 1, 1974 FOR STAGING A BENEFIT PERFORMANCE WITH ALL PROCEEDS GOING' TO THE "SAVE CHRISTIAN HDSP- ITAL FUND", SU3JECT TO PAYMENT OF EVENT PERSON- NEL, 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 Mr. Plummer the resolution was passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Terre. NOES: None. ISSUE PURCHASE ORDER AND CONFIRM ACTION OF CITY MANAGER 46, FOR REPAIRS TO THREE ELEVATORS AT THE ORANGE BOWL STADIUM w Mayor Ferre: What happened to those elevators? Mr. Andrews: It was just the time of the year prior to the football season where they needed extensive service and they're completely inspected by the elevator company... The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1006 A RESOLUTION ACCEPTING THE BID OF MIAMI ELEVATOR COMPANY RECEIVED ON JUNE 20, 1974 FOUR FURNISHING REPAIRS TO THREE (3) ELEVATORS IN THE ORANGE BOWL STADIUM AT A TOTAL COST OF $3,918,00; AND RATIFY- ING AND CONFIRMING THE ADTIONS OF THE ACTING CITY MANAGER IN AUTHORIZING THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER THEREFOR, DUE TO THE EMERGENCY NATURE OF SAME. (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. 95 S E P 121974 • • h. RATIFY AND CONFIRM ACTION OF THE CITY MANAGER IN ISSUANCE 0 7. PURCHASE ORDERS FOR DAY CARE, PLAYGROUND EQUIP T The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 1007 A RESOLUTION RATIFYING THE ACTION OF THE CITY MANAGER IN ACCEPTING THE BIDS OF HUBERT H. HANSEN & ASSOCIATES AND LONG AMALGAMATED INDUSTRIES, INC. FOR FURNISHING DAY CARE PLAYGROUND EQUIPMENT FOR USE BY THE DEPART- MENT OF PARKS AND RECREATION AT A TOTAL COST OF $24,184.00; FUNDS FOR THIS PURCHASE TO BE ALLOCATED FROM FEDERAL REVENUE SHARING FUNDS. (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. 48. PAY DEPARTMLNT OF LABOR $25,327, 0 AS FULL REPAYMENT OF ALLEGED DISCREPANCIES IN EXPENDITURE OF FUNDS UNDER EMERGENCY EMPLOYMENT gT The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-1008 A RESOLUTION AUTIDRIZING AND DIRECTING THE FINANCE DIRECTOR OF THE CITY OF MIAMI TO PAY TO THE DEPARTMENT OF LABOR THE SUM OF $25,327.40 AS FULL REPAYMENT FOR ALLEGED DISCREPANCIES IN THE EXPENDITURE OF FUNDS GRANTED TO THE CITY OF MIAMI UNDER THE EMERGENCY EMPLOYMENT ACT; ALLOCATING FUNDS FOR THIS PURPOSE FROM THE JUDGEMENT AND LOSSES ACCOUNT OF THE LAW DEPARTMENT. (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 MayorFerre. NOES: None. 96 S P 121974 CONFIRM ACTION OF CITY MANAGER IN MODIFYING AGREEMENT FOR 49, ESTABLISHMENT OF AFTER SCHOOL DEMONSTRATION CENTERS CARE The following resolution was introduced by Mr. Reboao who moved its adoption: )t SOLUTIONO. 74-1009 A RESOLUTION CONFIRMING THE ACTIONS OF THE CITY MANAGER IN MODIFYING THE AGREEMENT FOR ESTABLISHMENT OF AFTER SCHOOL CARE DEMON- STRATION CENTERS IN THE CITY OF MIAMI, BY EXTENDING THE EFFECTIVE DATE OF THIS AGREE- MENT UNTIL SEPTEMBER 30, 1974. (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; Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev., Gibson and MayorFerre. NOES: None. 50, AWARD BID - SILVER BLUFF PARK DEVELOPMENT - FENCING Mr. Plummer: postage for a laboratories, I'm sorry, I don't understand why you have to have fence. I'm reading here; advertising, testing postage and etc., for a fence project. Mr. Andrews: The wording could have been better changed there. This is standard wording that we use in everyone of these contracts that cover the additional costs of the public works department which are charged into bond issues for the services they render and we have a regular contract, you'd have testing laboratories, and so forth. Mr. Plummer: Let me ask the pertinent question. I notice here that you have that it was the lowest acceptable bid, not the usual wording that this was the lowest bid, Were all people given the same specs? Mr. Andrews: Yes, except Royce Parking Systems did not follow the specifications and they came in with a bid of 5.25 per foot at 2,625 and the one who met all of the qualifications was Fence Masters. Mr. Plummer: If he didn't heed the specifica ions why is he even being considered as part of the bide, Royce .... Mr. Andrews: He's not. Mr. Plummer: Then he has been disqualified, is that correct? Mr. Andrews: Yes. But you see that's why we used the word "The lowest acceptable bid". Mr. Plummer: Paul, if a man does not adhere disqualifies himself. Is that correct? Mr. Andrews: You're going to have to direct the attorney. to the specs he the question to 97 SEP 121974 Mr. Plummer: Mr. Attorney, if a Man is given a set of specs and he doesn't adhere to the epees doesn't that autoT tieally disqualify hits? 14r. Andrews: It disqualifies him but that doesn't mean that be hasn't Submitted a bid. He submitted a bid and it is not en acceptable bid so we take the lowest acceptable bid. Mr. Plumper: Paul, you know we've got a point in our Charter that says this Cotmttission is binding to taking the lowest bid. Mow as far as I'm concerned, if that man did not follow the specifications his bid is not qualified - he has disqualified himself. Mr. Andrews: Do you want us to not report that bid to the City Commission? Mr. Plummer: Sure. And then I want you to put the terminology on here that this was the lowest bid. Mr. Andrews: This has been a longstanding procedurd and Mr. Lloyd may not be aware of this, of many City Attorneys and Assistant City Attorneys being involved in this and this is a practice that has been established over the years and before you do that you'd better get an opinion from the City Attorney. Mr. Plummer: Well let me go one step further. You've got another item on this agenda where a man bid who was not even licensed to bid. Are you telling we that you're goingto accept his bid when he isn't even licensed to do business? Mr. Andrews: No, but you have 1:o publically recognize that you had a bid from someone who was not qualified to bid. Mr. Plummer: I don't understand that, I'm sorry. If that isn't bad sacrage, I never saw it. Look, first a man has to be qualified. Now if he isn't even qualified, if you want my honest opinion, he should never have been given a set of specs, if part of the specs say you've got to be qualified. Mr. Andrews: Yes, but we don't know that until he returns the bid to us and fills out all of the documents to demon- strate that he's qualified. Mr. Plummer: I would sure feel a lot more comfortable with the facts which are true that this was the lowest bid... Mr. Andrews: You'll have to get that from the+City Attorney. Mr. Lloyd: Why don't we study the matter and give you an opinion on that. However, I call your attention to the fact that here again the, actually you're reading from the double asterisk portion of it and all that says is that that's a paraphrasing of what the resolution may be. You'll find that the resolution doesn't actually say that. And if you will see the resolution in the whereas clause says that WHEREAS the City Manager reports that the $3,935 bid of Pence Masters is the lowest responsive bid Mr. Plummer: That don't buy it. I would feel a lot more comfortable voting on the lowest bid. Now you go ahead and research it. ok? You're going to get back here later to a man who made a bid who wasn't even licensed. As far as I'm concerned, that automatically disqualifies him. 9$ SEP I21974 • Mr. Andrews: On the other hand, there have been times when the Coaiasion have set a ground rule where they have not re- quired licensing until after the bide have been opened whether it's specialised trades where you have to get people in from all over the country. One of those came about in the construct- ion of the Coconut Grove Incinerator and that was the licens- ing of a party that was outside of the state and they came in and got a license after it and that was a condition of the bid. Mr. Lloyd: I think we can clear this up which is a a term which would be acceptable to me right now. I think if we had a different whereas clause saying WHEREAS the City Manager re- ports that this is the lowest of all the bids that have not been disqualified. Mr. Plummer: Study the matter, I'm raising the point. The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-1010 A RESOLUTION AWARDING THE BID OF FENCE MASTERS, INC. IN THE AMOUNT OF $3,935 FOR THE SILVER BLUFF PARK DEVELOPMENT (FENCING); ALLOCATING THE AMOUNT OF $3,935 FROM THE ACCOUNT EN- TITLED PARKS & RECREATIONAL FACILITIES BOND FUND TO COVER THE CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $394 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE AMOUNT OF $79 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES AND POSTAGE, AND AUTHORIZING THE CITY MANAGER TO DIRECT THE PURCHASING DEPART- MENT 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 Mr. Plummer the resolution was passed and adopted by the following vote -AYES; Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: NONE. 51, AWARD BID - - -- - - - - LUMMUS PARK SHUFFLEBOARD COURT E9 RFACING The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1011 A RESOLUTION AWARDING THE BID RECEIVED AUGUST 15, 1974 OF BISCAYNE CONSTRUCTION, INC. IN THE ESTIMATED AMOUNT OF $7,971 FOR THE LUMMUS PARK - SHUFFLEBOARD COURT RESURFACING - 1974; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. 99 EP :;,1974 oso (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 peened and adopted by the following vote -AYES: M. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. 1020 None. 52. AWARD BID - ONE 76" REEL MOWER The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-1012 A RESOLUTION AWARDING THE BID OF DE BRA TURF 6 INDUSTRIAL EQUIPMENT CO. FOR FURNISH- ING ONE (1) 76" REEL MOWER FOR USE BY THE DEPARTMENT OF PARKS AND RECREATION AT A COST OF $2,430.00; AUTHORIZING THE CI'.$Y . MANAGER TO INSTRUCT THE PURCHASING DE?ART- MENT TO ISSUE A PURCHASE ORDER FOR SAME: ALLOCATING FUNDS FOR THIS PURPOSE FROM THE FEDERAL REVENUE SHARING PROGRAM. (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. 53, AWARD BID - LUBRICATION EQUIPMEtNI The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1013 A RESOLUTION AWARDING THE BID OF GENERAL TRADING CO. FOR FURNISHING LUBRICATION EQUIPMENT FOR USE BY THE DEPARTMENT OF PARKS AND RECREATION AT A COST OF $2,352.94; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE PURCHASE ORDERS AS REQUIRED; AND ALLOCATING FUNDS FOR THIS PURPOSE FROM THE FEDERAL REVENUE SHARING PROGRAM. (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. WOES: None. 100 SEP i 1974 • 54, GRANT PERMISSION To JUNIOR NAVAL CADETS OFA RIALODL96AND NLODGE FUND RAISING CARNIVAL AT •SHELL CITY pARKING LoT UNID*N4'IFIED SPEAKER: Mr. Mayor and Commissioners, we would like to, we are putting on a fund raising drive for the Junior Naval Cadets of America and also for the Free and Accepted Lodge #96 and the New Life Lodge #504. We would like to put the carnival at the old Shell City Parking lot which is located in the City and also We are asking for all of the fees to be waived for the use of this property. Mr. Andrews: There are no fees, Mr. Mayor and Commissioners that affect these gentlemen directly. When they contract, however, with the carnival firm that carnival firm will have to come in and pay a fee but there are no other fees that you have to pay... Mr. Plummer: What location is this? Mr. Andrews: This is the Shell City parking lot. Mr. Plummer: How do we approve that, I thought the county owned that? Mayor Ferre: Zoning, they want to put a carnival there. The following motion was introduced by Mr. Plummer who moved its adoption: MOTION NO. 74-1014 A MOTION GRANTING PERMISSION TO THE JUNIOR NAVAL CADETS OF AMERICA, THE FREE AND ACCEPTED LODGE #96, AND THE NEW LIFE LODGE #504 TO HOLD A FUNE-RAISING CARNIVAL FROM DECEMBER 5TH THROUGH DECEMBER 8TH, 1974 AT THE SHELL CITY PARKING LOT, N.W. 58 TH STREET AND 6TH COURT. Upon being seconded by Rev. 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. 55, MIAMI SERVICE PROGRAM FOR TIE ELDERLY Mr. Andrews: It is my recommendation that you authorize me to enter into the agreement with a program operator rather than the City of Miami developing the staff directly to oper- ate the program. We will monitor, we will oversee the pro- gram but we can hire an agency that would carry out this act- ivity in the City of Miami Community Building for the frail elderly. AUTHORIZE AGREEMENT FOR COORDINATOR FOR THE Mrs. Gordon: You have flexibility though, you can do it that way or you can go to a qualified individual if you so desire? Mr. Andrews: Yes. The time, Mrs. Gordon and members of the Commission, is running out on us and we're having trouble getting a second person. We had one person we took another position in the mean time.. That would mean a postponement of the program and rather than do that, if we can't find the person to begin operating it and. the danger there to is that if we just get one person it puts our Parks and Recreation 101 people itt an adMittistrative area that frankly they're not really thoroughly acquainted with. Mre, Gordon: What's Ok, we leave it to your discretion to get the beat possible procedure. Mt. Pier: Mr. Manager, you're talking about quite poss- ibly hiring a qualified individual, is that correct? Mr. Andrews: A qualified agency to administer the entire pro- gram and they in turn would employee.... Mr. Plummer: But you see, I don't read it that way. Your wording here in your memo "The Elderly Day Care Program to either an experienced individual or " Now what I'm saying to you is this: I'm just picking this up quickly because I readily admit I haven't read it; an experienced individual is going to be a competent person. Mr. Andrews: Yes., Mr. Plumper: But not $75,000 competent... Now the way I read this memo, you say eithet or; either a competent individual or an agency... Then you talk about down here a budget of $75,000. Mr. Andrews: That budget has been prepared and submitted for the entire program and that is only one element of it. Mr. Plummer: Ok, I wanted it clarified. Mr. Andrews: To hire staff and the operation and everything would be $75,000. Mr. Plummer: And this is out of last year's Federal Revenue Sharing. Mr. Andrews: Yes. Carried over and continued. INAUDIBLE The following motion was introduced by Mrs. Gordon who moved its adoption: MOTION NO. 74-1015 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SECURE THE SERVICES OF AN EXPER- IENCED INDIVIDUAL OR APPROPRIATE AGENCY TO CONDUCT THE PROGRAM FOR THE FRAIL ELDERLY AND REPORT TO THE DEPARTMENT OF PARKS AND RECREATION ON THE PROGRESS OF THE FRAIL ELDERLY DAY CARE PROGRAM. Upon being seconded by Rev. Gibson and adopted by the following vote -AYES: son. Mts. Gordon, Mr. Plummer and Mavor 56, the motion was passed Mr. Reboso, Rev. Gib- Ferre. NOES: None. NOMINATION OF THREE INDIVIDUALS TO SERVE ON INTERAMERKAN CENTER A ITRORLTY BOARD (INTERAMA) Mayor Ferre: The Interama Authority bill that passed the legislature requires that the City of Miami Commission in its two appointments along with the other appointments submit the name of three qualified individuals and then the governor 102 SEP 121974 • chooses from those three one selection. Now the City of Miami has two representatives on the Interama Board, David Kennedy Oho's appointment comes due in 1976 and myself. My appointment 1 think comes due in October so we are meeting the requirements but what we have to do now is select three names of people to serve. Now as you all know Interama is in very deep trouble and I've stuck with this thing for 5 years. Well, it has al. - ways been in deep trouble. It is just in deeper trouble now. I nay as well see it through to the end if you don't mind. Rev. Gibson: I nominate the Mayor. Mayor Ferre: That's one nomination, you need to nominate two other people and the governor will select. Mrs. Gordon: Matilde Perez Porrata Mayor Ferre: All right, who else do you want to nominate? Mr. Plummer: I nominate Manolo Reboso. Rev. Gibson: Now let me ask a question. The Mayor and Reboso ... i don't think both ought to be.... Well, I'm not going to take that chance. Let the Mayor go down there. Mr. Reboso: Rafael Villaverde for the Interama Board. Mayor Ferre: Now I want to tell you, don't be surprised if he's selected. All right, is everybody satisfied with these nominations? Mr. Plummer: Mr. Mayor, i believe what we did before and would be proper at this time that a letter go signed by all the members of this Commission that we recommend you and I think that is in order. Mayor Ferre: Oh, I don't think that is necessary. I thank you for it but I think the governor understands. Mr. Plummer: He wants you to continue to bear the cross. Mayor Ferre: I'll tell you, I think Reboso is right that Plummer due to his professional ability might be more appro- priate than myself. But it isn't over yet, Plummer. It is about 99.9K over but not quite and as a matter cf fact, all kidding aside and seriously, let me tell you even though Inter- ama has not been able to fund the $60,000,000 and it doesn't look like it is going to nor are we going to get any private; there are certain things that have to be protected. First of all, the City of Miami's rights there where we are owed 8h million dollars and that is secured by a piece of property which is worth and that is important, #1. #2, it looks like the direction this might take to the governor's approval is that it might end up being a part of the state university system and that FIU might take over the project and through that vehicle, hopefully not loose the $22,000,000 of federal funding and other public funding involved for some of these buildings that would tie into the university. So as I've al- ways said it is not a question of whether or not Interama will be a reality, the question is when will it be a reality and what will it be. You see, it may just be two buildings. We don't know. Mr. Plummer: Are we really in fact, I read in the paper that nu is quite conceivably going to acquire the property. It 103 SEP121974 doesn't stipulate in the article that they will not be acquires ing the City's property. `« Mayor Ferret No, that has nothing to do with the City's property nor can they abrogate omxr rights. We've deeds, there is no way they can abrogate our rights and that's why we have two representatives on that board. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-10I.6 A RESOLUTION NOMINATING THREE INDIVIDUALS TO SERVE ON THE INTER'AMERICAN qEI1TER AU- THORITY BOARD. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) Upon being seconded by Mr. Plunner the resolution was passed and adopted by the following vote -AYES: Mr, Reboso, Rev. Gibson, Mrs. Gordon , Mr. Plummer and Mayor Ferre. NOES: None. Mr. Andrews: Mr. Mayor,!there was one condition of all those deeds that flowed from the original deed when it was the trans- fers were made. That waf: a condition that no stadium larger than 25,000 seats would be built at that site and now with this confusion of the deeds and the transfers and that we still have to see the first deed with that covenant in it that flows. Mayor Ferre: Mr. Manager, I would recommend and this is the first time that I've ever heard of that, that you write a letter immediately, a certified letter to the authority with a copy to each member so stating and asking that they by re- turn mail meet with our attorney and verify that because tht was a very... Let me tell you, and let' put it right out what it was. There was a lot of discussion by Mr. Joe Robbie and others in this community to try Metropolitan Dade County to put up a stadium, a football stadium on that property and that obviously would not be to the best interest of the City of Miami. It is just that simple and therefore, the Commission in its wisdom put that as a stipulation on their release and that was agreed to formally. Now I'm amazed that that has not been incorporated in the deed restriction and you'd better make sure that it is. Once it gets into FIU's hands it might, that may be one of the things they may want to do. PROVIDE ADDITIONAL pP RATION OF $8,025.50 57 RNA NAL K FES1 WAL ACCOUNT Mr., Plummer: Is this the one you spoke about before? Mr. Andrews: Yes, this clears up all and what I'm sure the City Commission committee worked so hard to make it a of our, what I consider considers after the success.... Mayor Ferree Is that going to cost us.... Mr. Andrews: $5216..,. Mrs. Gordon: Is that $5000 more than the budgeted that what you're talking about? amount, is 104 S E P 121974 • • Mr. Andrews:, Well, yes, from this standpoint that we origin- ally budgeted 12,500: we then also took the earnings which SiMounted to about $8,000 that the committee earned through the effort and added to it and the total expenditure for every- thing required an additional $5,000. Mayor Ferre: So what is the total then? Mr. Andrews: $5216...(MRS. Gordon).... $25,7_,_ Mayor Ferre: In other words that cost the City of Miami $25,000. Mrs. Gordon: No, that's not what he said. Mr. Andrews: It cost us $8025 less than that amount. Mayor Ferre: Out of our pocket, what Mrs. Gordon: In other words $5,000 more than we originally budgeted. Mr. Andrews: No. Let me start again. We budgeted $12,500, Mr. Mayor and now we have to add $5,216 to that so it is $17.800, $17,700. Mayor Ferre: I'm talking about what the City of Miami is paying for. Mr. Andrews: $17,700. Mayor Ferre: That's our committment to that, I understand. Mr. Southern: Mr. Mayor, may I interrupt a minute? You all are talking about figuree that don't appear in the ordinance. Is it the intention to amend this and change these figures. Mayor Ferre: Yes, as he reads it let him amend them. Mr. Andrews: No, you don't need to do that. The memorandum merely brought to the Commission's attention all of the actions that had to be taken to clear this. With the adoption of this ordinance this will be the last matter that needs to be handled in order to set everything in order Mayor Ferre: How much did it cost us the previous year? Mr. Andrews: $10,000 plus the earnings from my memory and they wanted $5000 this year and we said to them well we'll add $2500 to it and then the earnings will make up the dif- ference.. Well it didn't because tint was in the early stages of the development of a folk festival and in fairness to Mr. Freeman and his whole committee, they really extended them- selves and got more dynamic as they went along and it devel- oped into... Mayor Ferre: That costs more money - to get more dynamic. Rev. Gibson; Mr. Mayor, the one thing I think helps in a real way with people to bring this community closer together with a realization that all of us are going to have to be here and understand each other and live together. Mrs. Gordon: Right on, Father. 105 SEP 121974 • Mayor Ferre: All right, now it has been moved and seconded and under discus .on I have a Question. I still don't under- stand if what we're adding, Mr. Manager, is $5,000 to the original 12.5 why would it be $8,025.... Mr. Andrews: The eight thousand is the earnings that the committee earned. Now there is no place that the City has to accept that money so the ordinance accepts that money and then with $5000 more coming from the publicity budget plus the orig- inal $12,500L it all goes together. Mayor Ferre: I understand now. An ordinance entitled: AN ORDINANCE AMENDING SECTION1 OF ORDINANCE NO. 8190, THE APPROPRIATIONS ORDINANCE FOR THE CITY OF MIAMI FOR THE FISCAL YEAR 1974-75, ADOPTED SEPTEMBER 26, 1973, BY APPROPRIATING $8,025.50 FROM THE AUDITORIUM AND DINNER KEY FACILITIES, BAYFRONT AUDITORIUM UNANTICIPATED REVENUES, AND ADDING THAT TO THE SPECIAL MILLAGE FUND, PUBLICITY AND TOURISM, FOR PAY- MENT OF OBLIGATIONS INCURRED FROM THE INTERNATIONAL FOLK FESTIVAL; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE AND DIS- PENSING 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; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Mrs. Gordon and seconded by Rev. Gibson for adoption as an emergency measure and dispensing with the re- quirement of reading same on two separate days, which was agreed to by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. Whereupon the Commission, on motion of Mrs. Gordon, seconded by Rev. Gibson, adopted said ordinance by the following vote - AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8299 Mayor Ferre: Let the record reflect that all members of the Commission and the public have a copy of the ordinance before them. 58, 3-MONTH EXTENSION Of EMPLOYMENT - N L LESLIE DUJ The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1017 A RESOLUTION AUTHORIZING A THREE MONTH EXTENS- ION OF THE EXISTING AGREEMENT WITH H. LESLIE QUIGG AS YACHT DOCKS COORDINATOR FOR THE CITY OF MIAMI FROM OCTOBER 1, 1974 THROUGH DECEM- BER 31, 1974 UNDER THE SAME TERMS AND CONDIT- IONS. 1O3 SEP 121974 (Here follows body of resolution, omitted here and on- file in the City clerk's Office.) Upon being seconded by Re,. Gibson the resolution was passed and adopted by the follw'ng vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. OPPOSING ENACTMENT OF METRO PROPOSED ORDINANCE- S,, "COMMMUINI ANTEITINN ETELEVISION SYSTEMS" - COUNTY PRE-EMPTION OF RIGHTS C. Mr. Plummer: Mr. Mayor, that was a resolution that I had re- quested it be prepared for the action of this Commission through the Dade League, the CATV ordinance which is the Cable TV. The county is endeavoring to pre-empt all of the rights of the Cities in the matter of franchise. Now that in itself we're not happy with. We have suggested to Metropolitan Dade County that they assume the proper leadership in setting minimum standards as it relates to cable tv but not the franchise rights. Now it was felt by myself and Mr. Lloyd who attended the last meeting; or I'll speak for myself and not Mr. Lloyd, that not only does. this pre-empt the City's right to negot iate franchises for the cable television but it in fact infringes upon our very rights to issue franchises on any kind. Mayor Ferre: That is a very good thing and I'm glad you brought this to our attention, Mr. Plummer and I have to con- cur with you and I think that.... Mr. Plummer: Mr. Mayor, I have to be very truthful with you and tell you that this was the Dade League at which I serve as your representative at present. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1018 A RESOLUTION OPPOSING THE ENACTMENT OF METRO- POLITAN DADE COUNTY'S PROPOSED ORDINANCE, CHAPTER 8A, ARTICLE IV OR THE CODE OF METRO- POLITAN DADE COUNTY, ENTITLED "COMMUNITY ANTENNA TELEVISION SYSTEMS"; PROTESTING DADE COUNTY'S PRE-EMPTION OF RIGHTS OF MUNICIPALITIES IN THE ESTABLISHMENT OF COUNTY CONTROL OF COMMUNITY ANTENNA TELEVISION SERVICE IN BOTH THE INCORPORATED AND UNINCORPORATED AREAS OF DADE COUNTY. (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. 107 SEP 121974 41/ 60, GRANT 6-MONTH EXTENSION OF VARIANCE LOTLailicAula 91S MIAMI BLIGHTS S529) Mr. Andrews: May I just comment on H.1 thru 7 which has my recoa endation. Under the old ordinance the manager on a routine basis was permitted to extend on a 6 month basis the variances because there were financial hardships most of the time in getting the projects underway or other mitigating cir- cumstances. The new ordinance'; that you've adopted provide that the Commmission shall revi,;w each one of these and then authorize the manager to go ahead and make these extentions and I'm suggesting to you that you might want to entertain a modification of that ordinance so that you don't have to deal with this. If there are any unusual ones I've always brought them or the former City Manager.... Mayor Ferre: Well, that's what H.1. is. Mr. Andrews: Yes, it is. Mr. Plummer: Mr. Mayor, let me tell you what happened and I think you will understand it. Mrs. Gordon was the one who picked up the fact that the Ryder building, Yacht Harbor, well Fair Isle also, but Yacht Harbor was the one that brought it to a head, that come to find out their kind of variance 'had run out and that the manager as he always did automatically renewed for an additional 6 months the application and we felt that if we had known about it, we the Commission, there was no way we would have ever have renewed that application. So Mr. Manager, I would have to disagree with you. I think that it puts the final authority on this Commission and we then can't say we didn't know you'd already granted it. So I think it is a good thing. I'll move H.1. Keeping another point in mind, Father Gibson, we no longer hear variances at this level. They can be finalized at the Zoning Board level and this still give us that vehicle of a final approval if it is to be extend- ed. Mr. Dave Simpson: In fact, 5 out of the 7 items that are com- ing before ... Mr. Plummer: Never came before us. Mr. Simpson: That's right. Mr. Plummer: This is just on the extension but it still gives us that extra arm that we never had before. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1019 A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XI, SECTIONS 2 AND 3 (1) AND (2), TO PERMIT CONVER- SION OF EXISTING TWO-STORY RESIDENCE TO OFFICES ON LOT 14, BLOCK 91s, MIAMI HEIGHTS (5-29) at 259 SW 13TH STREET, WITH 50' LOT WIDTH (60' REQUIRED), AND WITH SIDE SETBACK OF 4'4" (9' REQUIRED); ZONED R-C (RESIDENCE OFFICE), WHICH VARIANCE WAS GRANTED BY ZONING BOARD RESOLUTION NO. ZB. 31-74. 108 SEP 121974 • • (Here follow 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 folOwing vote. -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plun ner and Mayor Ferre. NOES: None. 61, GRANT 6-MONTH EXTENSION OF VARIANCE LOT 11. BLOCK 15S - MIAMMI B-41 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1020 A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF VARIANCE FROM ORDINANCE NO. 6871, ARTICLE VIII, SECTIONS 2 (3) AND 3, TO PERMIT CONSTRUCTION OF A DUPLEX BUILDING ON S. 10' LOT 11, BLOCK 15S, MIAMI (B-41) AT APPROXIMATELY 795 S.W. 2ND STREET, WITH FRONT SETBACK OF 16.3' (20' REQUIRED), WITH LOT WIDTH OF 39.92' (40' REQUIRED), AND WITH LOT AREA OF 3692 SQ. FT. (4000 SQ. FT. REQUIRED), ZONED R-4 (MEDIUM DENSITY MULTIPLE), WHICH VAR- IANCE WAS GRANTED BY ZONING BOARD RESOLUTION NO. ZB 27-74. (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. 62, GRANT 6-MONTH EXTENSION OF VARIANCE TRACL. 4T.P. W898 - '_DOUGLAS GARDENS" WAIVE PARKING SPACES Mr. Simpson: On H. 3. and 4. this Commission did aet involved in that particular project as it involved an ordinance for street closure and a change of zoning. The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1021 A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF VARIANCE FROM ORDINANCE NO. 6871, ARTICLE VIII, SECTION 6 AND ARTICLE XXIII, SECTION 4 (9), TO PERMIT CONSTRUCTION OF ADDITION TO JEWISH FUME FOR THE AGED ON ALL OF TRACT A T.P. #898 "DOUG- LAS GARDENS", AT 151 N.E. 52ND STREET; WITH 30.9% LOT COVERAGE (28% PERMITTED), WAIVING 49 of 112 REQUIRED OFF-STREET PARKING SPACES, ZONED R-4 (MEDIUM DENSITY MULTIPLE) AND R-2 (TWO-FAMILY), PROP OSED TO HE REZONED R-4, WHICH VARIANCE WAS GRANTED BY ZONING BOARD RESOLUTION NO. 34-94. 109 SEP 121974 (Here follows body of resolution, omitted here and on file in the dity 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. NOES: None. ABSENT: Mayor Ferre. 63. GRANT 6-MONTH EXTENSION OF VARIANCE A.T.P. TRACT 898 - DOUGLAS.GARDENS CONDITIONAL USE CONSTRUCTION OF ADDITION The following resolution ,aas introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1022 A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF "CONDITIONAL USE" AS LISTED IN ORDNANCE NO. 6871, ARTICLE VIII, SECTION 1 (11) (d), TO PERMIT CON- STRUCTION OF ADDITION TO JEWISH HOME FOR THE AGED ON ALL OF TRACT A T.P. #898 "DOUGLAS GARDENS" AT 151 N.E. 52ND STREET, ZONED R-4 (MEDIUM DENSITY MULTIPLE) AND R-2 (TWO FAMILY) PROPOSED TO BE RE- ZONED R-4, WHICH 'CONDITIONAL USE" WAS GRANTED BY ZONING BOARD RESOLUTION NO. ZB 35-74. (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: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mr. Reboso. NOES: None. ABSENT: Mayor Ferre. GRANT 6-MONTH EXTENSION OF VARIANCE 64' OFF STREET PARK G WITH lO' The following resolution was introduced by Rev. Gibson who moved its adoption: RESOLUTION NO. 74-1023 A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF "CONDITIONAL USE" AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (b), TO PERMIT USE OF TRACT B, T.P. #898 "DOUGLAS GARDENS", AT 150. N.E. 52ND STREET, IN CONJUNCTION WITH JEWISH HOME FOR THE AGED AT 151 N.E. 52ND STREET, PROPERTY ZONED R-1 (ONE FAMILY ) AND R-4 (MEDIUM DENSITY MULTIPLE), WHICH "CONDIT- IONAL USE" WAS GRANTED BY ZONING BOARD RESO- LUTION NO. ZB 36-74. (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, Rev. Gibson, Mrs. Gordon, and Vice -Mayor Reboso. NOES: None. ABSENT: Mayor Ferre. 110 SEP121974 1 GRANT 6-MONTH EXTENSION OF CONDITIONAL USE 65, TENTATI E PLAT - . TRACT 182 -_ RIVER COVE The following resolution was introduced by Mr. Plummer moved its adoption: RESOLUTION NO. 74-1024 A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF "CONDITIONAL USE" (PLANNED AREA DEVET,OPMENT) TO BE LOCATED ON TRACTS 1 AND 2, TENTATIVE PLAN NO. 896 "RIVER COVE" AT NORTH RIVER DRIVE AND 17TH AVENUE, PURSUANT TO ORDINANCE NO. 6871, ARTICLE XXXI-1, ACCORDING TO PLANS ON FILE, SUBJECT TO RELOCATION OF DRIVEWAY AND DEDICATION OF RIGHT OF WAY ON NORTH RIVER DRIVE, PORTATION RECOM- MENDATION; ZONED C-4 (GENERAL COMMERCIAL) AND W-1 (WATERFRONT INDUSTRIAL), PROPOSED TO BE REZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT. (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 and Mr. Reboso. NOES: None. ABSENT: MayorFerre. Vice -Mayor Reboso: I have a question on 7. The City Manager recommends 7 ? Mr. Simpson: This involves the extension on the Four Ambas- sadors that was processed under the old ordinance. The City Manager as of this time has already processed and approved two six-month extensions. They are now asking for a third six-month. This is the one that they wanted to expand their conference room and convention center on the southeast corner. Vice -Mayor Reboso: Are we waiving here 227 off-street parking spaces? Mr. Plummer: We already have. Mr. Andrews: We already did that. This merely extends that. You already did that, you're not waiving it here. Vice -Mayor Reboso: Don't they have any additional property across the street? Mr. Simpson: Yee, and this was part of their presentation that at this time they did not want to develop that entire area into a parking garage but they had overall plans for the area between Brickell and Bayshore Drive that would in- volve a very huge parking structure in conjunction with an- other tower. Mr. Andrews: Mr. Vice -Mayor, there is nothing to preclude, if you wish, from having these people come in and we present to them what it is that they want extended for your review before you act on it. Vice-MayorReboso: I would like to because I think they have 111 SEP 121974 the land and I don't see why we should waive 227 parking epaces . . Mr. Andrews: Oh, you have that priviledge. All you have to do is adopt a motion... Rev, Gibson: Mot only that, but the other matter that in the same area, we have to think about, you know, whether or not we're going to have that traffic problem and all of that. We need to have them in here and speak to.the issue. Vice -Mayor Reboso: I move for deferral of H.7. and let's have them here. Mr. Plummer: As I recall, there wasn't anybody here in oppos- ition before except a few of the tenants. Mayor Ferre: All right, there is a motion of deferral on H. 7. is there a second? Rev. Gibson: Second. The preceding motion to defer was introduced by Vice -Mayor Reboso, seconded by Rev. Gibeon, and passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH 66. MANPOWER PLANNING COUNCIL OF DADE AND MONROE COUNTIES FOR PURPOSE fifigeflan. gUICEEF P tO�RAM, The following resolution was introduced by Mr. Plumper who moved its adoption: RESOLUTION NO. 74-1025 A RESOLUTION RESCINDING RESOLUTION NO. 74-583 AND ENACTING A NEW RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF MIAMI TO ENTER INTO AN AGREEMENT WITH THE MANPOWER PLANNING COUNCIL OF DADE AND MONROE COUNTIES, PURSUANT • TO CITY OF MIAMI RESOLUTION NO. 74-111, FOR THE PURPOSE OF RECEIVING FUNDS TO OPERATE A MIAMI PUBLIC SERVICE EMPLOYMENT PROGRAM BEGIN- NING Rio EARLIER THAN THE MONTH OF JULY, 1974, (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. Plumper, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. Mr. Plummer: Let me bring up a point about "I", Mr. Mayor and I want to put the manager on notice. This is for temporary part time help. Is that correct? Mr. Andrews: Yes, this is, let me say temporary part time, these are full time positions funded through the federal govern- ment through the manpower title II program. We'll get up- wards of 40 positions that we'll have available. 112 SEP 121974 • Mr. Plummer: For what, six months, a year? Mr. Andrews: No, a year and possibly longer. Mr. Plummer: All right, now here is the point I want to bring up and put you on notice at this time. This City has never been saddled before with unemployment compensation. Now I think that in the same time that we receive grants that we ought to keep in mind that some of that grant money is going to have to be diverted to pay that unemployment compensation. So if we have to have 38 employees with enough money to pay the un- employment should it occur, I want to put you on notice that I want you to hire 38 instead of 40. Mr. Andrews: All right, fine.. This was one that could be considered in that area, yes. And I want to point out that the great value of this program is that we do not have to follow all of the standards of Civil Service in that we can employee people who are under employeed as far as the City of Miami is concerned. In other words, they lack the training to pass the examinations. We can 'capture those people through this program and train them and get them to pass the examin- ations. Mr. Plummer: Great, but I'm still reminding your that I'm looking this year, conceivably of $400,000 this City has never had an obligation to pay in the past. That money is going to have to come from somewhere. If it can be diverted from the grant to pay part of that fund then I think it should be. Mr. Andrews: Your thought is a good one, I can't answer that that is possible but we'll certainly explore it. Mr. Plummer: Let me, and this is maybe out of order, Mr. Mayor, but I'd like to take them because you were the one who brought this up before and if I'm out of order I'Il bring it up at another time. Park Police, Mr. Andrews, I've had expressed to me by a great number of people and the thoughts of the Mayor; is it possible that in this budget that we're going through that we can consider the institution back into that park of one or two mounted police? Mayor Ferre: Bayfront Park? Mr. Plummer: Yes. Mrs. Gordon: You mean in addition to the park patrol? Mr. Plummer: Well, that's going to be part of the park pat- rol and I'm speaking of that particular one. The Mayor spoke about the three wheelers in there and the three wheeler runs through there, you can't talk to the policeman and if you base it on the guy in the grove, there's nobody any friendlier or better known that that man down there. I think even the Chief referred to the metal cocoon that enwraps a man that takes away the personality. I know I'm out of place, but I would like this to be brought up during Budget time that serious consideration be given to the furtherance of the mounted patrol of two men in the Bayfront Park area and the hopeful expansion- ary. J F_ 1� i �.s 1974 113 • • 67. DIRECT CITY ATTORNEY TO TERMINATE BY ANY APPROPRIATE MEANS CITY OF. MIAMI. VS. MARJORIE E. WILSQ) EJ.AL. PARCEL 70a8.75.14 Mr. Lloyd: 'tea J is a resolution to actually settle on one' parcel of property involved in the Government Center. Now this property has been acquired in condemnation procedings by a declaration of taking and at the time of the order of taking the 'City put into the registry of the court the amount of $70750.00 so what we're talking about is the difference be- tween the amount that was put into court and the amount that we proposed to settle for. Now the appraised value of the property by our appraiser is $74,000. Now the site contains 7500 square feet of area. There was on it at the time a two- story CBS apartment house and a two-story frame rooming house on the lot. Now the settlement figure of $88,800 represents 20% over the appraised value. Now the 20% is being recommend- ed for We owe attorney's fees. This was never put in the court. When you have a declaration of raking you do not put money in for attorney's fees -you simply put in for the appraised value. So therefore, we do owe reasonable attorney's fees, we owe the appraiser'.s fees, costs for the exhibits, we owe the interest on the difference which was put into the court and we would owe the difference and would be charged by the court if we went to a final hearing on this and other costs so we feel this is a reasonable settlement, washes out the whole thing on this particular parcel including all of the costs and we recommend it. Mr. Plummer: You say in your memo it will save the City money. Mr. Lloyd: Yes, sir. Rev. Gibson: You say it saves the City money? Mr. Lloyd: Yes, sir because we would have an exposure if we went to court of all of these same expenses plus the possib- ility, the probability the jury will come in with some figure between our appraisal fee which they always do and the other appraisal fee. I'll second it if it makes sense. Mayor Ferrer It makes sense to me. And the Attorney is recommending it. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1026 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TERMINATE, BY ANY APPRO- PRIATE MEANS, THAT PART OF THE CITY OF MIAMI V. MARJORIE E. WILSON, ET AL., CIVIL ACTION NO. 73-788 DEALING WITH PARCEL NO. 7088-75-14 IF SAID TERMINATION CAN BE ACCOMPLISHED BY A TOTAL PAYMENT TO THE LAND OWNER, HIS ATTORNEY, AND APPRAISERS OF $88,800, AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR OF THE CITY OF MIAMI TO ALLOCATE THE NECESSARY SUMS FOR SAID PURPOSE. (here follows body of resolution, omitted here and on file in the City Clerk's Office.) 114 SEP 121974 • • Upon being seconded by Rev. Gibson the resolution was passed and adopted by the following vote -AYES; Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOSS: None. 6$. PROPOSED INRTHE uU AMENDMENT tIEDASERVICEEOFTTH CITY. OF MIAMI° Mr. Lloyd; Let tee explain the legal ramifications of this and then Mr. Andrews will explain his part. This is already gone on the ballot. We're not changing the question. Mr. Andrews just wanted a change in there and this will not change the question but this does change one page of the regular ordinance so we have to re -do the ordinance. Mr. Andrews: I can explain it real briefly... (INAUDIBLE) Thereupon the City Attorney read the ordinance by title. Mr. Andrews: Mr. Mayor and members of the Commission when this was before you and you adopted it the present Charter provision provides language which says the "unclassified ser- vice shall include the City Manager, his assistants and the secretarial staff" When that was presented to you for adjust- ment to include the Deputy City Managers so it could be placed on the ballot, the words "his assistantg'was inadvertently left out and that's very important that that remain. That would have made an adjustment in the Charter had it been left that way that would not be one that the Commission would want that I would want or.... Mayor Ferre: I'm glad you clarified that. Ok, we understand what we've got. An ordinance entitled: AN ORDINANCE AMENDING ORIDNANCE NO. 8288, SETTING FORTH A PROPOSED CHARTER AMENDMENT, AMENDING SECTIONS 19 AND 62 OF THE CITY OF MIAMI CHARTER FOR THE PURPOSE OF ADDING DEPUTY CITY MANAGERS,TO UNCLASSIFIED POS- ITIONS IN THE SERVICE: OF THE CITY BY ADD- ING THE TITLE OF DEPUTY CITY MANAGER TO SECTION 62, SUBSECTION (a) (a), AND IN SECTION 19-C AUTHORIZING THE COMMISSION BY ORDINANCE TO CREATE THE OFFICE OF DEPUTY CITY MANAGER AND PROVIDING FOR THE APPOINT- MENT OF THE NUMBER OF DEPUTIES AS THE COM- MISSION DEEMS APPROPRIATE; AND SUBMITTING SAME TO THE ELECTORS OF THE CITY OF MIAMI IN THE NOVEMBER 5, 1974, STATE OF FLORIDA AND DADE COUNTY GENERAL ELECTION; PROVID- ING THAT THIS PROPOSED CHARTER AMENDMENT SHALL BE REFERRED TO AS PROPOSED CHARTER AMENDMENT NO. 3; REPEALING ALL ORDINANCES, CODE SECTIONS OF PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAIN- ING 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. 115 SEP 121974 was introduced by Mr. Reboso and seconded by Rev. Gibson for adoption as an emergency measure and dispensing with the re- quirement of reading same on two separate days, which was agreed to by the followingivote-AYES; Rev. Gibson, Mrs. Gordon, Mr. PluMber, Mt. Reboso and Mayor Ferre. NOES: None. Where- upon the Commission, on motion of Mr. Reboso, seconded by Rev. Gibson, adopted said ordinance by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8300. The Mayor announced that each Commissioner had been furnished a copy of the ordinance. 69. WAIVE RENTAL FEE - MIAMI STADIUM FOR USE OF MIAMI-DADE COMMUNITY COLLEGE -DOWNTOWN CAMPUS FOR BASKETBALL PRACTICE SESSIONS isEfT 15 THRU IIVSL.10 1374 ppON PAYM4T 0f cQuS Mr. Plummer: If he will also recommend the payment in advance of the charges... Mr. Mayor, I think it is fair. Mayor Ferre: Ok, with that stipulation. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION Ni). 74-1027 A RESOLUTION WAIVING THE RENTAL FEE FOR MIAMI STADIUM FOR USE BY MIAMI DADE COM- MUNITY COLLEGE, DOWNTOWN CAMPUS, FOR THE PURPOSE OF CONDUCTING ITS BASEBALL PRACT- ICE SESSIONS SEPTEMBER 15, 1974, THROUGH AND INCLUDING DECEMBER 1, 1974, SUBJECT TO PAYMENT OF LIGHTS, INSURANCE AND OTHER DIRECT COSTS CHARGED BY THE CITY IN ADVANCE. (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. NOBS: None. DISCUSSION OF PROPOSED ORDINANCE - IMPOUNDING OF VEHICLES 70. Mr. Andrews: The current procedures in the City of Miami are to pick up vehicles which are illegally parked for a period longer than 24 hours or a vehicle that might be involved in an accident, a vehicle that has been apparently abandoned on the street and remains there for a long time and most of these vehicles plus vehicles that are involved in the commission of a crime are then carried by private haulers to the City of Miami Auto Pound where we attempt to contact the owner so that a claim can be made for the vehicle. After 45 days have passed and if it is a vehicle that has not been involved in the com- mission of a crime and one that we want to keep for evidence purposes and after 45 days state law permits us to auction 116 SEP121974 that vehicle off which we do from time to time and then the auto pound is reduced in the number of vehicles and we keep operating that way. We hate come to learn that there is an- other procedure that can bf: used which would take the City out of the area of administering this and this is.a function that's carried on by the Police Department and we wish to re- lieve them as much as possible of this administrative duty. And also, whenever government can put itself in a position where private enterprise can render service equal to that which government accomplishes and where we do not loose con- trol, it is fair for private enterprise to carry out that kind of business. What we're proposing through this ordinance in the six districts that we've established in the City for the collection of vehicles, that those private agencies involved in doing that where they have the capability of housing the vehicles that they pick up rather than delivering them to an auto pound they would be delivered to the private agency. There is state law that governs the impounding of vehicles by private agencies and the state law is followed then in the final disposal of that vehicle based on the charges that are accumulated against it for the storage period of time. This is a process that Metro has used to my knowledge, successful- ly for many years. Mr. Plummer: A couple of complaints that I've gotten, and I think they are legitimate complaints; this isn't going to sound good but I think it is the truth; a man has his car stolen, his car is found and it is towed to the pound. Somehow or another by our fault or whatever it is this man is not notified for 10, one guy told me 18 days his car was held in the pound; now they want $18 for towing and they want three or four or what- ever the fee isper day times 18 and he is now subject to pay- ing $125 to get his car back. Mr. Andrews: I can assure you and I've been involved in this process from time to time, I haven't in the last year obvious- ly but I can tell you what has happened in the past because I personally becaue involved in some of these. When we can dem- onstrate that we have made a sincere effort to try to find the owner and we were unable to do so through the registrat- ion and so forth, then the full charge was applied. When there have been circumstances that it was apparent that the owner was readily available and we were just unable to contact them we've made adjustments in those charges; and on certain occasions we have voided the charges completely when there were circumstances that warranted. So I won't say that there haven't been errors committed because you're dealing with a large number of vehicles and occasionally an error does occur. Mr. Plummer: You know it is one thing in canceling your own bill; it's another thing in canceling a private bill. Now are you going to have the flexjbility if we give you this latitude that a private hauler says hey, I don't care who's fault it was I've been storing the car for 10 days - I want my money"? Mr. Andrews: No, you will not have that latitude. Mr. Plummer: Then I've got to vote against it. Mr. And rews : governmental Mr. Plummer: You've got to remember that there are other agencies that are operating this way and That doesn't make it right. 117 SEP 121974 Rev, Gibson: Nor does it set a good PR for us either: I'm not so sure sometimes we need not loose a few good dollars for PR over against doing that other thing. I have some real gut reactions to some of these private outfits would do to the average guy out on the street and I don't think we, the City ought to stand still for it a minute. I react negatively to that because I could see now a guy swears.he tried to notify but maybe he didn't, you know... He says "Look buddy, you give me that money or..". Mr. Plummer: Well, you've got another problem anu I know you've got another problem that you haven't brought out about the actual physical storing of the automobiles in the pound. Paul, can't we arrange for somekind of compound over on Key Biscayne or Virginia Key on all of that property we own? Mr. Andrews: We've got a place at the stockade where we can continue this activity up on Milam Dairy Road.... Excuse me Commissioner, but I would appreciate that the Commission not take final action on this. If you want to do anything defer it until I can get some of these other questions answered for you rather than close the door and say you're not going to do it. Mr. Seth Sklarey: First of all, it seems.. My name is Seth Sklarey, 1298 N.W. 10 Avenue. It appears on the face of the ordinance that you're in conflict in part with the Dade County ordinance on the same subject. The Dade County ordinance provides a 48 hour period of waiting where people have to be notified that they can wait 48 hours before there is a manda- tory towing. I'm not talking about if there's an accident and the car is in the middle of Biscayne Boulevard or some thing like this. Generally, an ordinance like this leads the way to a tremendous amount of abuse. You could take numerous examples, for example, the State Office Building where people have had their cars towed away, they have them towed away on say a Friday night and they can't get them back until Monday morning, they have to pay the extra towing charges, they might go down to that, they have to take a cab down to the towing yard then they don't have enough money to pay the towing and have to wait several days and be severly inconvenienced. It is also a ruse used by the Police Department... Mr. Plummer: Wait a minute. What you're overlooking is the fact that they did something illegal. Mr. Andrews: And inconvenience the entire city. There are places where cars are parked where two lanes of traffic have to funnel into one because people are parking improperly. Mr, Sklarey: I understand the traffic problem. What I'm saying is this. There is no reason those cars have to be towed into a pound. They could be towed up the road, off the right of way. Also, this ordinance leads the way for one of police abuse and there are numerousrecords, the ACLU has a number of cases they presented before the County Commission on this where the police use it as a ruse to search cars rather than going down and getting the search warrants that theyshould get. I think that there should be some no'ice provided for the people who's car is about to be towed away. I think there should be a provision that the person should have an alternative to being towed. They should be able to call a member of their family perhaps and have them come and pick up the car. There is no excuse. All this is is a revenue producing measure for the towing companies. It does absolutely 118 nO benefit for the public whatsoever. I have no objection as I said to towing it off the right of way if a car is block- ing the way or if there has been an accident but to tow it into tnebody's private yard, then you have no recourse. Mr. P1u ner: All right, why don't you just take all of those... Mayor Ferre: That makes sense to me, Mr. Andrews. Mr. Andrews: Mr. Mayor, I can tell you that what this gentle- man is suggesting will not work; will not work. Mayor Ferre: Well, why don't you look into it Mr. Sklarey: I would also suggest that the Commission look into the Grand Jury Reports on this back in the early 60's Mayor Ferre: Yes, sir. Mr. Andrews: We have and Mr. Sklarey: There were numerous abuses and I think you're just opening the door for the same kind of thing again. Police receive kickbacks from the towing companies to have the cars towed and I think that if anybody should handle this, I think the City should handle it. Mr. Andrews: In fact, what the gentleman is referring to was the first of a series of major changes that the City of Miami went through in regulating this whole area. Our next step is that whether we're going to con':inue with the same procedure or not or modify it, the next step is to put this under direct bidding contract which the City Commission will award for per- iods of time. (UNINTELLIGIBLE) Mr. Plummer: Well, let's refer it all to the City Manager and you can come back with your recommendations, take this man's thoughts into I move that we refer it to the City Manager. Mr. Sklarey: Also one other thing. I would like the record to reflect that the public has not received copies of the things that you're discussing now. Rev. Gibson: I think you ought to ask if you're new to coming here and give their side of the question too. Mr. Sklarey: Certainly, I think Thereupon a motion to refer this item to the City Manager for study was introduced by Mr. Plummer, seconded by Rev. Gibson and passed and adopted by the following vote -AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENTS Mr. Reboso. Mr. Andrews: The two go together. Mayor Ferre: The motion was for m and n as I understand it. A motion to refer item "n" to the City Manager for study was introduced by Mr. Plummer, sego nded by Rev. Gibson and passed and adopted by the following vote -AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer, Mayor Ferre. NOES: None. ABSENT: Mx. Reboso . 119 SEP121874 Mr. Plummer: Along these same lines, when you come back I want you to consider another point, Mr. Andrews. For sometime I've been concerned about the Police Department using the method of which 1 know they don't like, and I think maybe try» ing to save the public a few dollars can create us havoc that we're not going to be able to live with; that they on occasion with let's say a drunk driver, be a call for a two roan unit - one to drive the incarcerated person and the other one to drive in the car. Now I'm just thinking about the City's liability of a policeman driving a private vehicle and I'll tell you quite frankly I don't know of any cases since I've been a com- missioner and maybe there haven't been but I'm scared to think of what the liability would be if something happened with the policeman driving a private vehicle and an accident occured where somebody- God forbid - got killed or injured. What I'm really saying to you is twc fold (1) it takes the city out of a position of liability incase of accident and (2) it helps to alleviate the time consuming problems we're having with the policemen to keep them on the street. So I would like for you when you come back to also speak to that particular problem because I think it is a problem and I think it is two fold or it would accomplish two ends. 71, "PROTECTION AND REMOVAL OF TREES" AMENDING CHAPTER 64 OF THE CODE To. EXTEND S. DPE OF THE EXISTINS, TREE ORDINANCE Mr. Plummer: Mr. Mayor, I have not yet received on "0" what I requested originally. Mr. Manager, I asked Mr. Ferencik to give me a copy of a proposed cost for the policing of this matter because I think it's going to be; Mr. Ferencik told me that it was going to take a minimum of six new personnel to enforce this ordinance. So I think we ought to know the cost factor involved and go into it with our eyes opened up. I'm all for the trees. You've revised it? Alright, tell me what it is going to cost to enforce this ordinance. You know this green grass and blue skies is beautiful but it's expensive too. (INAUDIBLE) Mr. Andrews: Commissioner Plummer, I don't have the figures before me here but from my recollection Mr. Ferencik sent me a memorandum detailing all the costs involved and it approached $50,000... When I reviewed this I concluded that because this matter is going to be publically reviewed in 6 months from now, remember that this was one of the conditions that we set, that the only person that we really needed to employ at this time and maybe we should have that person in the department anyway, was the person who would be proficient in the area of landscape architecture but he would be one who would be thoroughly ground and a professional in evaluating trees and landscaping. That's the person that we need to apply to have in the department and the cost was considerably less but I can't remember the figure now as to what it amounted to. Mr. Plummer: I want it made a part of the record the City Manager's memo dated September 9, 1974 file A-144 where he has only approved this as to form but he cannot make any fur- ther recommendations because he feels that this broad control, if I read it without going through it is, that it is going to be very tough to police. Mr. Andrews: That was the whole point of coming back after six months inorder to evaluate it because there are so many good parts of this ordinance but other parts that are difficult to control and administer over that after six months of exper- ience with this we could certainly come back to the commission and give you better guidelines as to what was needed. Mr, Plummer: Ok. Remember I told you. M Andrews: Commissioner Plunmer, I'm agreeing with you that there are areal in here that are difficult but the intent and thrust of the ordinance I think is a good one. Mr. Piutmner: I agree. An ordinance entitled: AN ORDINANCE REPEALING CHAPTER 64, ENTITLED "PROTECTION ANL REMOVAL OF TREES" OF THE CODE OF THE CITY OF MIAMI, FLORIDA AND ENACTING A NEW CHAPTER 64 ENTITLED "ENVIRON- MENTAL PRESERVATION" TO PROVIDE FOR THE ENVIRONMENTAL PRESERVATION OF AREAS WITH EXTENSIVE TREE CANOPY, SCENIC ROUTES, UNIQUE GEOLOGICAL FORMATION AND OTHER SIGNIFICANT ENVIRONMENTAL FEATURES; PROVIDING FOR SPECIAL REVIEW PROCEDURES AND OUTLINING A PROCESS FOR PUBLICLY IDENTIFYING AND PRESERVING ENVIRON- MENTALLY SIGNIFICANT SITES OR AREAS; PROVIDING THAT IF ANY SECTION, CLAUSE OR SUB -SECTION 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 May 23, 1974, was taken up for its second and final reading by title and adoption. On motion of Mrs. Gordon, seconded by Rev. Gibson, the ordinance was thereupon given its secone and final reading by title and passed and adopted by the follow- ing vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8301. The City Attorney announced that each commissioner had been furnished with a copy of the ordinance and that copies are available to the public. Mayor Ferre: Just out of curiosity, I was just asked when did we name that Siegendorf Bicycle path? Mr. Plummer: About two years ago. 6-MONTH EXTENSION OF VARIANCE - 72. LOTS $ THRL.1 13 - BLOCK 104S - BRIcKELL ADD AMD (13-113) Mr. Andrews: Mr. Mayor and Commissioners, Vice -Mayor Reboso, the gentleman from the Four Ambassadors is here and if you wish you could ask him the questions that you were wishing to pose before and we could dispose of this matter this evening if you wish. If we find that there are areas that we can't administer, Mr. Mayor, in this tree ordinance then we'll read. ily tell the Commission. Mayor Ferre: All right. Four Ambassadors. Mr. Carl K. Hoffman: Mr. standing as to the time I simply are that there was We're back to your item, the Sheraton Mayor, I apologize for the misunder- was to be out here. The facts very extensions on the variance. You will 121 SEP 121974 f �r recall, Commissioners and Mr. Mayor, that the Commission unanimously passed the variance on this when it was presented to this Commission. It took some time to do the architectural work and when that was completed we went before the acting director of the Building Department in the absence of Mr. Ferencik who was on vacation, Mr. Mayer was the acting director and Mr. Ross Apgar of Apgar and Martin Construction Company and Mr. Trip Russell the architect and myself were there at this conference and we tendered the check to him for the building permit and he said that he was sorry tilt he could not issue the building per- mit although it has been approved by every department in the City of Miami and the County Pollution Department and he said the reason he couldn't issue it a very simple reason, that the State of Florida has passed a ban on the: hook-ups in view of the sewage situation at Virginia Key and his hands were tied. I even asked him if he would be in a position to issue it condit- ionally so we would have the permit and then that we proceed and when the state lifted the ban and he felt that his instruct- ions were such that he couldn't proceed in 'that fashion and therefore, I think it is within the province of of this Commis- sion to grant an additional extension of time until such time as the state ban is removed. We are ready to proceed with the work we would start tonight or tomorrow morning if we could but we need the building permit and I think you can confirm and there is no questions the City Manager and the other people that the city has approved each and every department the application. Mr. Reboso: Don't you have any additional land across from the Four Ambassadors? Mr. Hoffman: Well there is some additional land across from the hotel and that was covered during our preliminary and pre- ceding application in discussion with the City Commission; other words, that's been covered and we have an agreement that the City Attorney has approved and everything is in readiness so that all we need to do; in other words, that's not involved in this. What is involved in this variance is the additions to the ballroom and some additions to kitchen and dining room fac- ilities. Mr. Reboso: The waiving of 227 parking spaces, this is what I'm asking. Mr. Hoffman: We are providing the spaces. We will provide those spaces. In other words, that was waivered only until such time as structure parking could be provided. We are actually providing those spaces right now and we will continue to provide those spaces. That is the agreement that the City Attorney has agreed. Mr. Reboso: You are requesting here three years, a three year extension... The waiving of 227 off-street parking spaces for a period of three years. Mr. Hoffman: No, we are actually providing that parking right now on the surface parking across from the hotel and we will continue to provide that parking even in the event that property is developed. Mr. Reboso: Then we don't need this provision here.... Mr. Hoffman: No, it is already granted by the Commission. All we need is the extension of the variance for six months because we've gone beyond the administrative period that the City Manager could do it. I need the continued waiver. All 122 SEP 1 974 we're asking is the continuance of the variance grahted for an additional period which we hope is not more than 30 days. We have some reason to believe that the state Mr. Reboso: I don't oppose the variance itself but I'm opposed to the waiving of 227 off-street parking spaces. Mr. Plummer: Well, as I recall they couldn't have the first variance without the second. Mr. Reboso: Why not? (INAUDIBLE) Mr. Dave Simpson: Commissioner Reboso, when an expansion of an existing use comes up for a building permit the law requires them to meet all of the regulations as they exist at this time. The Four Ambassadors did have adequate parking when it was first constructed some ten or twelve years ago. The parking regulat- ions have changed since that time so when the expansion of the ballroom came before public hearing for approval it was necess- ary to re-evaluate the entire complex of the Four Ambassadors as it exists now in relation to the laws as they exist now and this is why it was necessary to waive 227. In their proposal they indicated to the board and this Commission that they have a building program for the area west of the Four Ambassadors and that development will encompass a parking garage that will meet the complete needs of not only that structure but the Four Ambassadors as it is developed now under the regulations. Mr. Hoffman: So we're actually providing the parking right now across the street and we'll continue to provide the parking. Rev. Gibson: Is that that parking lot? Mr. Hoffman: Yes, sir. It is the surface parking across the street. Mr. Reboso: The City Manager recommends? Mr. Andrews: Yes. The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 1028 A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XI-2, SECTIONS 5 AND 6, AND ARTICLE XXIII, SECTION 4 (32), TO PERMIT ALTERATIONS AND ADDITIONS TO EXISTING APARTMENT -HOTEL -OFFICE COMPLEX LOCATED ON LOTS 8 THRU 13, LESS WESTERLY 370', BLOCK 104S, BRICKELL ADP AMD (B-113), MAKING LOT COVERAGE OF 36.02% (28.69% PERMITTED BY RESOL- UTION NO. 36582), AND FLOOR AREA RATIO OF 3.65 (3.59 PERMITTED BY RESOLUTION NO. 36582), WAIVING THE DEVELOPMENT OF 227 OF 943 REQUIRED OFF-STREET PARKING SPACES FOR A PERIOD OF THREE (3) YEARS, LOCATED AT 801 SOUTH BAYSIRE DRIVE, IN AN R--CB (RESIDENCE -OFFICE) DISTRICT, SUBJECT TO CONDITIONS SET FORTH IN RESOLUTION NO. 73-184. 123 (here follows body of resolution, omitted here and on file in the dity Clerk's Office.) Upon being seconded by Mr. Plummex the resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. ***************** Mayor Ferre: We passed the tree ordinance. We'd love to have you stay here as long as you want. You can't believe it, can you? Don't leave yet, stick around for a while. Mr. Andrews: Mr. Mayor, you'd better make sure that these people understand that this is going to be all reviewed pub- lically in six months so that it is on a trial basis really. Mrs. Gordon: The Manager recommended that it be done on a six month trial basis, that a permanent person with the skills of a landscape architect be employed by our department to adminis- trate it. Do you want to speak to it? I think it's alright, don't you, Mr. Mayor? Mayor Ferre: Yes, ok, quickly. Mr. Michael Simonoff: I'd really like to know if it passed and that means that there is an administrative assistant from the Building Department and there is a board composed of 5 people that will look to the environmentally preserved areas that the City will establish with the Planning Department. Now, this is what the ordinance says. There are two different situations based upon the land that is ascertained and I would like to talk about the administrative assistant because I be- lieve that the man that is down there now, Mr. Tully is a very qualified person. I have worked with him on jobs before and I know that he has made a great effort to learn the various things that are required for this particular position and I don't really think that a landscape architect is a requirement to be the ad- ministrative assistant. You know Tom Tully is a person that is there and he is a member of the Building Department and ..... Mayor Ferre: That's an administrative decision. The Manager will have to make that decision. That's his baby. Mr. Simonoff: Well, I understood that this passed based upon the man being the administrative assistant being a landscape architect. Mayor Ferre: That's not part of the motion, is it? Mr. Plummer: We don't have that purview. Mr. Andrews: I was careful not to say that Mrs. Gordon: We didn't include that in the motion, we just passed it. Mr. Alan Serkin: I don't exactly understand the rational or the reason why this is going to be a six month trial and then have a public hearing. What can you do in six months? Mayor Ferre: In six months we're going to prove or disprove that it's working and how much,it costs and then this Commis- sion has to make that decision.: 124 SEP 121974 Mr. Serkin: But how can you begin to set aside districts and catalog areas and get something working produceively in a six month period? Mayor Ferre: So we'll pass it for another six months. Mr. Andrews: That's right, and I think the test of the ord- inance will collie about in the first major area we run into where you have a district and someone wants to create a project. Mayor Ferre: We'll see you in six months. Mr. Serkin: Can I just ask what the advantage of doing it this way is, why can't it be enacted and then just discarded if it doesn't work? Mayor Ferre: The administrator recommended that it be done, the Manager recommended that it be done that way and we accept- ed his recommendation as logical. Mr. Andrews: And 1 can tell you why, Mr. Mayor, if you wish. Mayor Ferre: You've already said it a couple of times. You tell him in private because we've been over this four or five times - at every meeting this has been discussed. Right? Mr. Andrews: I'll discuss it with you and answer your questions. We can make an appointment and I'll be glad to sit down and dis- cuss it with you. Mr. Simonoff: The thing that I understood was that at the end of six months any Commissioner or any Commissioner at any time could bring up discussion of any ordinance but I didn't under- stand that this thing should be passed on a six month trial basis because I don't believe legally you can pass a law on a trial basis. Otherwise after 5 months somebody decides they're going to wait until .he end of the next month and do what they want to do. Rev. Gibson: Mr. Mayor, we could use another terminology. We pass it, at the end of six months we'll vote to change it.... You're ahead of the game.... Mrs. Gordon: It's just like it is in the agenda, it doesn't say anything in the ordinance. AUTHORIZE CITY MANAGER TO EXTEND AGREEMENT 73' FMERGENCY EMPLOYMENT ACT OF 1971 ADDING 2 POSITIONS Mr. Plummer: With the same provisions keeping a reserve for unemployment compensation, if possible, I'll move "p". Mr. Southern: Do you want that, Mr. City Attorney, to amend the resolution or does it have to be just conversation in con- nection with the adoption? Mayor Ferre: No, he wants that stipulation in there and that is part of the motion and second; the stipulation is.... Mr. Lloyd: Just add that by interiineation on the end of it, provided that. Provided that funds be saved if possible, that sufficient funds be kept out if possible for unemployment com- pensation purposes. 125 SEP 121974 Thereupon the amended resolution was introduced by Mr. PluMMer who roved its adoption: RESOLUTION NO, 74-1029 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE AGREEMENT OF APRIL 5, 1974 BETWEEN DADE COUNTY AND THE CITY OF MIAMI TO MARCH 31, 1975, EFFECTIVE JULY 1, 1974, PURSUANT TO THE IMPLEMENTATION OF THE EMERGENCY EMPLOYMENT ACT OF 1971: FURTHER AUTB)RIZING THE CITY MANAGER TO AMEND SAID AGREEMENT TO INCLUDE TWO (2)'ADDITIONAL POSITIONS EFFECTIVE AFTER SEPTEMBER 1, 1974, SUBJECT TO THE TERMS OF THE AGREEMENT. (Here follows body of resolution, omitted here and on file in the City Elrk'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. -74, APPOINTMENT OF FIVE PERSONS TO SERVE ON THE LAW ENFQ F, NT CQMMUNITY OUTRE,ACK ARP CAREER BlgiNtIMIVRY BOARD Rev. Gibson: Mr. Mayor, I want to voice something, I'm not opposed to ...I'm going to tell you the way we operated the church: I can do like you now, you know how you run Maule, you know; I find it difficult, I'm not so sure I'm always anxious to appoint anybody. You see the grant is going to FIU....Wait. Listen to this. FIU is involved. Now I may not have the log- istics together - FIU is involved, Francina Thomas works for FIU. I want to make sure the people who monitor this thing could slap the boys on the wrist when they ain't doing the right thing. My observation is the guy who pays the bill de- cides on whether you play this side of the piano or that side of the piano, if you understand what I mean. All right. That's why I'm ... You see, none of those other folk are similarly tied. Well he may, but he's tied for a different reason. Man, I think it is an .... I may have a poor way of explaining it. Mr. Plummer: I understand also, Mr. Mayor, but you know, I think we're missing one point. Rev. Gibson: What is that we're missing? Mr. Plummer: I think this, if I recall correctly, Mr. Manager, is the grant we almost or we did in fact loose. Am I correct in that? Isn't this the grant, Mr. Manager, that had been turned down because of the lack of who was on the committee? Mr. Andrews: No, not that I'm aware of. No. Mr. Plummer: Isn't this the grant that was turned down and you were informed because of the.... Mayor Ferre: It was never turned down. There were a lot of discussions back and forth which have been verified and denied and verified and denied again and frankly, I don't know how much of it was fact and how much of it was fiction. It had 126 SEP121974 something to do with the structure of thee... One of the objections at one time was the committee. Mr. Plumber: that's right and we appointed a committee, basically these that we're recommending now who were acceptable to get the grant. Now atn I out of character? Mr. Andrews: I can't say you're right or wrong. Mr. Plummer: Let me refresh the Mayor's memory who came before this commission and said that he had been informed that we had been denied.... Mayor Ferre: No, that we were to be denied. Mr. Plummer: We were to be denied beccuse the committee in the Police Department who had been choken to do this work was not representative of what they were looking for and tht is when the Mayor called upon - my God, there was furor up here - we lost $390,000 because they put a committee together in the Police Department - there were no blacks, no Latins and we run out to these people and asked for help and they've got it. Mr. Andrews: Yes, but what you're talking about is someone to assist in the implementation that was needed for the grant but that's not the committee. I don't think anybody was identified as committee members in this. Mayor Ferret I think there might be some confusion between the actual committee and those who were assisting in prepar- ing the grant and the fact that the sergeant that was to be in charge of the grant was a non -minority member and so on and so forth. Mr. Plummer: That's right, but you also stipulated at that time by formation of this kind of a committee to keep that from happening in the future and it was these people that we're putting forth now who saved that grant. Mr. Andrews: Yes, but that committee was, let's say the Mayor's appointment of people to assist in the getting of the grant but this committee is part of the actual requirement of the grant. Mr. Plummer: Ok. Let me tell you something about how 1 feel about it. If that committee, whether they sav'sd or they pulled out of the pool $390,000, I want that same committee working for me. (INAUDIBLE) Mr. Andrews: $300,000. Mr. Plummer: Damned right, I want that same committee. If they can pull one out of a loss column I want them there work- ing on the win columns. Mayor Ferre: All right. Father, you don't have your appoint- ment yet, is that correct? Rev. Gibson: No, sir. Mayor Ferre: Alright, I will appoint Mr. Angel Moreno and Father will submit his appointment in the future. 127 SEP 121974 f Mre Andrews: Mr. Mayor, eacF member of the CoMMisaion then who have not Made an appointment will submit it to the Clerk so he can fill in the resolution, Mr. Plu Mer: What the manager is saying is we've approved whoever Gibson's is all he has to do is send it in to the Clerk. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1030 A RESOLUTION APPOINTING FIVE INDIVIDUALS TO SERVE ON THE LAW ENFORCEMENT COMMUNITY OUTREACH AND CAREER PROGRAM ADVISORY BOARD. (Here follows aody 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 follaing vote -AYES: Mrs. Gordon, Mr. Plummer. Mr. Reboso, Rev. Gibson and MayorFerre. NOES: None. 75, COCONUT GROV BMX - 14ODI FI CATI OIt OF DRIVE-IN TELLER'S Mr. A. R. Harrison, Jr., Executive Vice-nresident o= the Coconut Grove Bank: Mr. Mayor, for the past year or more we've been working closely with the Director of Public Works and members of his staff to evolve a safer and more efficient vehicular traffic pattern for the bank. The renovation by the City of Bayshore Drive is proceding along our property with curb cuts, sidewalks, landscaping, etc., to conform with the form approved by both the City of Miami and the Directors of the Coconut Grove Bank. We are not adding buildings to the bank property but rather we are improving our drive-in teller service by the use of remote teller units served by a one-way traffic pattern. The parking and landscaping on our site is being substantially upgraded to help us obtain our objective of furnishing better drive-in teller service. In addition to establishing a better functioning and safer drive-in system we're also advancing community vehicular and pedestrian safety on the roads surrounding the bank property. It should be obv- ious that our upgrading the drive-in teller facilities does not fall under the moratorium or the ordinance. However, the Building and Zoning Department does want approval by the City Commission before a permit is issued. Rev. Gibson: Mr. Mayor, I want to raise the same question. We said that we weren't going to do certain things in Coconut Grove until such time as you finished this study business. Isn't that what you told us? .I'm not opposed to what you want to do because I'm sure it makes it easier for me to bank my money even though I don't keep it there long enough to get any interest. But I have to make sure that I understand I'm not losing faith to the people who are here, who came here and we promised them or we made a committment. Now are we going to be keeping that coimaittment if we do this? The reason I'm asking is the very fact that the Building Department, let me say sir why Gibson is a little jittery, the very fact that the Build- ing Department didn't issue a building permit implies that 128 S E P 121974 they believe the intent of our action was not to let anybody pursue other than. Yes, we Said that. Now all I want to know, please understand I'm not arguing against. All 1 want to know is are we going contrary to what we grade as a coMmittment? That's all 1 want to know. Mayor Ferre: Are we? Didn't we also state that we would elm) listen to cases... Mr. Andrews: Yes, and that you'd arrive at an independent judg- ment as to whether those reasonably conform to what was found for the.... Mrs. Gordon: Are those plans or something you're carrying in your hand? Mr. Harrison: Yes, Ma'am. Mr. Plummer: Let me ask the obvious question. Have these plans been submitted for review? Mr. Harrison: Yes, sir. They have been submitted. Mr. Plummer: Does the Planning Department and thelBuilding Department approve of this item? Mr. Ferencik: They have been submitted to the Building Depart- ment and we've,processed them. They have been submitted to the Planning staff and they've looked at them and feel that they are in conformity with the plan that has been worked out over the past year with this bank. Now this is only relating to the teller windows that we're talking about, the drive-in teller windows. Mrs. Gordon: It's all on the property that's presently being used for banking purposes? Mr. Harrison: Yes, the property is presently being used for drive-ins and have been used for the last 14 years as drive- ins. Mrs. Gordon: You're not expanding into the next area? Mr. Harrison: No, Ma'am. In fact, we're doing this partly at the request of the City because our present traffic pat- tern on Friday afternoon sometimes causes cars to park out in Bayshore Drive - getting them off the street. Rev. Gibson: Let me raise a question that I did not raise. I received, and one of the disadvantages of living in the Grove and having the faith, the people in the Grove is they don't ever let up on you. For some reason either they have more interest or they seem to be more knowledgeable and cer- tainly they keep my feet to the fire more than most folk. Let's make sure, now somewhere in that area there's a house under discussion. Mr. Harrison: Not with this. No, sir..... Rev. Gibson: Let me make sure. As long as these are not tied I want to make sure they're not tied. Is that right? Ok. Now Mr. Acton, Mr. Ferencik, based on, based on what has been recommended by and ]a rge as the overall program for the Grove, how does this fit in with what.... • Mr. Ferencik: This property was originally in the Coconut Grove Interim Zoning District. It was taken out of the Coco- nut Grove Interim Zoning District, the RC property down on 27th avenue was taken out of the Interim Zoning District. However, there's a Coconut Grove Planning Study that is going on which extends all the way from the Rickenbacker Causeway, Douglas Road on the West from the Bay to U.S. 1. This is in the Coco- nut Grove Study Area and the resolution that was passed, you haven't acted on that study area yet and a resolution was pass- ed that said that any building permit that was issued in that area with the exception of R-1 and R-2 properties or repair permits in R-2 and R-1 was limited up in the area around the Plymouth Congregational Church that any building permits that I issued in that area, that the Commission was going to inde- pendently review each of these requests and either say I could or couldn't issue the permits. Rev. Gibson: Mr. Acton and Mr. Ferencik, what these men want, well maybe... but I certainly would be more intelligent; you already have the bank there, you already have tellers, you're driving in and out, you now have the new Bayshore improvement there and we're still going to bank, you know. One way or the other we're going to get there but what they're saying is they want to make it easy for us to bank and not have to back up the traffic on the road. Isn't that what you're saying? Mr. Harrison: That is correct, sir. Rev. Gibson: All right, now how do you respond? Mr. Ferencik: Well, Father Gibson, there are two issues that are involved really today. Mr. Harrison and what he's talk- ing about right at this point has to do only with the drive-in tellers at the Coconut Grove Bank. In essence, all they're doing is reorganizing their traffic pattern, they're modernizing their drive-in teller situation, the drive-in tellers they are really adding a little piece of canopy out over now what a part of the parking lot that doesn't have a canopy over it. That's all that's involved in this particular request that's in front of you right now. This request that he's talking about at this moment. There is another issue that I think you'll find that these people are here on but it doesn't have anything to do with this particular.... Mr. Andrews : Let me interrupt for a minute. Can you give the commission a positive recommendation that with reference to the study that they're going to be reviewing on the 19th that this practically has absolutely no effect on that what- soever? Mr. Ferencik: I think Mr. Acton should answer that. Mr. Acton: The answer is yes. Rev. Gibson: Alright, I move based upon your professional... Mr. Harrison, I want you to hear that. He told me it's alright. Beautiful. Mrs. Scribbner: I live at 3310 Cornelia Drive. I would like to know whether this plan which involves the teller windows at present is complete in itself or whether it envisions a future possibility of more parking space being developed on adjacent property. Mr. Harrison: This is complete and on itself. The part on which you address yourself is my second request. 130 SEP 121974 1 • Mre, Jordon* I think we should hear both requests and then vote. Rev, Gibaotn: Where is the other request? That's on the red sheet. Mr. Andrews : The only thing that I have that was made avail- able to us for placement on the agenda was a personal appearance by Mr. Harrison who is here, Executive Vice -President, Coconut Grove Bank request for building permit; reference - drive-in teller modif cations. Mayor F'erre: Well, what's the second request you're talking about? Mr. Harrison: I'd like to get on the agenda either tonight or at a later time. We have an additional problem with the City in that we're being required to provide some additional parking spaces for the so-called Ryder Computer Building. This is completely separate from this particular building permit. It has nothing to do with it whatsoever. Mayor Ferre: Is that another building?. Mr. Harrison: Yes, sir. Mrs. Gordon: Yes, but the request is adjacent to the existing property you're discussing now and it also refers to a piece of property that has been designated by this Commission as be- ing a piece of property for historical preservation. The ad- dress of the property is 3310 Cornelia. Well, we can't, that comes out of Washington, the final decision but it was among the ones that we recommended as I understand it. Mayor Ferre: You understand that you might get this and not the other. Mr. Harrison: Yes. Mayor. The other has nothing to do with it, Mr. Mr. Plummer: Wait a minute. Let's get the record now. That house was not one of the requests which that we made to Washington. This is a proposal of requests that could be; this house is not involved straight was the six 24 additional in that. Rev. Gibson: Mr. Mayor, I still want to go with my motion. I'll deal with that second one. Mr. Harrison: That's completely a separate property. Rev. Gibson: That may be a second....may be different. I've got to have the drive-in tellers. So you take care of that and whatever happens after that, you're going... for yourself. Mrs. Scribbner: Excuse me, I think there is a connection between the two. I think the extension of the teller windows and the reduction of parking space for the Ryder Buildings are connected. Now the Ryder System Building was built with about 21 spaces for parking and they have about 100 employees there and there was an arrangement where the Ryder System Building had use of part of the parking lot of the Coconut Grove Bank parking lot and I think there is a.connection between the two and be- tween the two requests in that this Ryder Syatem's parking has been taken away and in the future they're going to come up and they're going to say this building needs additional parking. 11 131 SEP 121974 Now there should be some way of resolv.ang that problem... Mr. Harrison: Father Gibson, we're talking about :apples and Oranges here. Mrs. SCribbner: Apples and oranges sometimes get mixed up. Mr. Harrison: The remodeling of our drive-in and the re-rout- ing of the traffic by doing this, we do not loose any parking places on our property. We don't need anymore parking places on our property. This is the Coconut Grove Bank parking log and drive-ins. We're putting in new teller equipment and it does not change anything. Mayor Ferre: Look, that's part of the record now. that statement on the record and you can come back that at any time in the future and say "That's not said on September 12". Ok? It's on the record. He's made and pull what you The following resolution was introduced by Rev. Gibson whomoved its aoption: MOTION NO. 1031 A MOTION GRANTING REQUEST OF COCONUT GROVE BANK FOR ISSUANCE OF A BUILDING PERMIT FOR DRIVE-IN TELLER MODIFICATIONS AT SAID BANK. Upon being seconded by Mr. Plummer the motion was passed and adopted by the following vote -AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 76, PREPARED RESOLUTION_ - CENTRAL SHQPPING PLAZA The Mayor announced that each Commissioner had been furnished with a copy of the following resolution and that copies are available to the public. The following resolution was introduced by Mr._Plummer who moved its adoption: RESOLUTION 74-970 A RESOLUTION APPROVING THE MODIFICATION OF CENTRAL SHOPPING PLAZA DEVELOPMENT ON TRACT "A", CENTRAL SHOPPING PLAZA (68-79), LOCATED AT APPROXIMATELY 3875 NORTHWEST SEVENTH STREET, AS PER ORDINANCE NO. 6871, ARTICLE XIII, SEC- TION 4, TO INCLUDE AN EIGHT -STORY BANK AND OFFICE STRUCTURE, AS PER MODIFIED PLAN, DATED AUGUST 6, 1974; ZONED C-1A (PLANNED SHOPPING CENTER); THAT THIS APPLICATION BE GRANTED WITH THE FOLLOWING STIPULATIONS: 1. THAT THE WALL WHICH EXISTS BE RAISED TO A LEVEL OF 6 FEET; 2. THAT THE LANDSCAPING BE ADEQUATE TO HIDE THE WALL FROM THE OUTSIDE VIEW; 3. THAT ANY EGRESS TO THE NORTH SHALL ONLY BE PERMITTED TO EXIST ON 37TH AVENUE; 4. THAT THERE BE COMPLIANCE WITH THE CODE AS TO LIGHTING AND ADEQUATE DRAINAGE; 5. THAT ADEQUATE MAINTENANCE BE ADHERED TO BY THE OWNERS; 6. THAT ALL OF THE ABOVE SHALL BE SUBJECT TO REVIEW TWELVE (12) MONTHS FROM THE DATE OF OCCUPANCY. 132 SEP 121914 (Here folloWs body of resolution, omitted herd and on file in the City Clerk's Office.) Upon being seconded by Rev. Gibson ',fie resolution was passed and adopted by the following vote -AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: None. NOTE: The preceding resolution was adopted in the form of a motion earlier in the meeting in conjunction with Item 7. 77. REQUEST OF VICE PRESIDENT OF COCONUT GROVE BANK FOR ADDITIONAL PARKING SPACES TO FACILITATE NEWLY PURCHASED COMPUTER BUILDING DISCUSSION=AND DEFERRAL Rev. Gibson: So that the gentleman don't misunderstand us, you said you had two items and I hope we didn't just cut you off. We heard one. Now that second one that you didn't have here, you will come back at another time? Wait, tell those people not to leave! Come in here please. Either hear them now or... Mayor Ferre: How long is it going to take? Mr. Harrison: About 10 minutes, Mr. Mayor. Mayor Ferre: Can we do this legally? What is it that you want? Mr. Harrison: This is completely unrelated to my first request. Mayor Ferre: But isn't there a process and a procedure where this has to be advertised and all? No? Well. what is it that you want? Mr. Harrison: We recently purchased the computer building from Ryder Systems on Tigertail which is near our parking lot. The City requires us to provide one parking space for each 400 feet of building in order to continue our certificate of occupancy. We need 26 additional parking spaces and we are requesting, we have purchased the property immediately adjacent to the computer building, a 90 by 142 foot lot on Cornelia Drive that has a residence with a detached garage and we're requesting a demolition permit so that we can proceed to pave the lot. Mayor Ferre: That's the second thing that you wanted to re- quest? Mr. Harrison: Yes, sir. Mayor Ferre: All right. Who wants to speak on that? Ok, go ahead. Mr. Langdon Rogers: I'm Langdon Rogers, I'm with the Coconut Grove Chamber of Commerce and I'm speaking right now as a cit- izen. Gentlemen and Mrs. Gordcn, I hope that you will show some consistency when dealing with this and I refer back that we are having a planning meeting for Coconut Grove on September 19th. I hope that you take no action on this today and defer it or else I'm afraid you're going to bring the people of Coconut Grove down here in a mob scene like you had once before and I believe Father Gibson, you know what I'm talking about. I beg you to defer this item at this time. 133 SEP 121974 Mayor Pierre: We've got to give people the rights to express their opinions en it. Obviously it something that more than one person wants to speak on. Right? Mr. Rogers: 'Yes, sir. Mayor ?erre: So let's defer this itewwith all due respect... Mr. d'immy bean: Now wait. Nol Just a second because we're willing to live with this study and the study says that you give these people a period of time to raise the money to re- locate the building on your property and that is the process that we'd like to get started. We've got bids on this thing. Mr. Harrison: We'd be very happy to donate this to whatever worthy group is interested in it.an Mr. Dean: We will live by the study. Mayor Ferre: Where are you going to move it to? Who is going to move it and who is going to pay for it? Where is it going to go? Mr. Dean: They pay for it. It says ideally we can put this next to the.... Mayor Ferre: But that's not the question that's before us. •The question is whether or not people have a right to speak on it. That's really what the question is. It's not whether... Mr. Dean: Well I'd just like to get the process started because to defer it.... Mayor Ferre: What does the process involve? What do you want, an approval here? Mr. Dean: No. Yes, We'd like an approval and a time certain at which time.... Mayor Ferre: Jimmy, if we approve it here then how do you get into the process of letting people speak on it? Mr. Dean: Ok. Well, after they speak now. Mayor Ferre: But that's the point that he's trying to make, that there may be other people who want to speak on it. Mr. Dean: Ok, fine. Then let's at the next Commission Meet- ing which is perhaps the procedure, but let's not.... Rev. Gibson: Mr. Mayor, see that 19th up there? Isn't that the day that it's all going to hang out about Coconut Grove? Now what we're saying to you is that we wanted; that's why I wanted to make sure we didn't misunderstand you. You told us what you want. Now what Theodore is saying is you must come back on the 19th and tell us exactly then what you want to do.. Mr. Dean: Now... It was the essence of this committee when we were discussing this moratorium that we've got in this City right now that you could get a building permit if you lived up to this ordinance or this proposal and that's precisely what we're trying to do. (INAUDIBLE) 134 SEP121974 Mt. Dean: we did. (INAUDIBLE) We made an application for a building permit, Mt. Dean: It can't, it's'not a Zoning Board matter. All we're trying to do is get the process started. (INAUDIBLE) UNIDENTIFIED SPEAKER: Mr. Mayor, the second item we're dis- cussing now, is it on your agenda? Mayor Ferre: No, sir. UNIDENTIFIED SPEAKER: It is not. Then I don't think you have any right to discuss it. Mr. Dean: We agree to that. Mayor Ferre: That's true, but we have taken and can take items out of pocket. That's not the point. I happen to agree with the premise that you stated and that's much more important as to whether or not it's on the agenda and that is that other people that want to speak on this, they have the right to do it. That's all. Make it a part of the 19th. Rev. Gibson: I want to let you leave as my friend. I did one thing, now I want to do the other. I would respectfully suggest to both of the gentlemen who are all lovers of Coconut Grove that you come back on the 19th which is just next week and tell us; this does not imply that we are for or against. We just want to keep faith with all of those people that came. Mr. Dean: The 19th hearing in a special hearing to consider four items concerning this report. It has nothing to do with our applying for a building permit for this parking lot. Rev. Gibson: Mr. Lloyd, let me, so these men can go away with the right... If on the 19th we would have heard all of the dis- cussion and all of it, you know, and if we served notice now that we were going to take that up. as a special item, can we do it under the law? Mt. Lloyd: Yes, sir. Rev. Gibson: A11 right. Then Mr. Dean, here's what I'm saying to you. We will then tell the proper parties or persons from the City to make this a part of the 19th meeting. Mayor Ferre: Well, we can certainly get all of the interested parties here on the 19th. Right? Rev. Gibson: You can believe it. N\ Mayor Ferre: Ok. We'll hear this on the 19th, first thing out. Before we get into that document we're going to give you about 10 or 15 minutes and you're either going to fly with this thing Mr. Dean: All I'm going to say is that we're willing to live with the document. Mayor Ferre: A11 right, then you say it and this Commission will make its decision at that point. 135 SEP121974 Rev. Gibson: Right.... So that they wouldn't say that we promised... Mayor Ferre: The only point that's up before us is whether or not people have a right to express their opinion on it. There are some citizens that want to express their opinion. Let them express their opinion. Please, eight O'clock. UNIDENTIFIED SPEAKER: How is it that an building that was just finished less than a year ago is now short parking spaces? Mayor Ferre: Come to the 19th hearing and you will hear it. 78. DESIGNATE FIRMS AS 3 CONSULTANTS RECOMMENDED TO THE CITY MANAGER FOR THE MIAMI COMPREHENSIVE NELGNDORItOD DEVELOPMENT PLAN 79, The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 1032 A RESOLUTION DESIGNATING THE FIRMS OF WALLACE, McHARG, ROBERTS AND TODD; ROGERS, TALIAFERRO, KOSTRITSKY AND LAMB; AND BARTON-ASCHMAN ASSOC- IATES, IN THE ORDER OF PREFERENCE, AS THE THREE (3) CONSULTANTS RECOMMENDED TO THE CITY MANAGER FOR THE MIAMI COMPREHENSIVE NEIGHBORHOOD DEVELOP- MENT PLAN. (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 MayorFerre. NOES: None. AUTHORIZE AGREEMENT WITH UNDERWOOD MARINE CORPORATION FOR PURPOSE OF EXECUTING 6 MONTH LEASE OF CITY OWNED PROPERTY AT' S91-ITH J3&YsHDRE _ The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1033 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO AN AGRI EMEN V WITH UNDERWOOD MARINE CORPORATION FOR THE PURPOSE OF EXECUTING A SIX MONTH LEASE OF CITY OWNED PROPERTY LOCATED AT AN'.) AROUND 2550 SOUTH BAYS}K RE DRIVE AND COMMONLY REFERRED TO AS DINNER KEY. (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. 136 SEP 121974 110 $O, ETTMHANSEN OND CQ PAANyyQQ PROFESSIONAL ASSISTANCE IN THE MIANNII - ENSIO� 1�IATT�K� The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 74-1034 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EMPLOY THE FIRM OF HANSEN AND COMPANY FOR PROFESSIONAL ASSISTANCE IN THE CITY OF MIAMI'S PEN- SION MATTERS IN AN AMOUNT NOT TO EXCEED $3,500. (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. 81, ORANGE BOWL STADIUM IMPROVEMENT PROGRAM DESIGNATE THREE FIRMS IN ORDER OF PREFERENCE. The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-1035 A RESOLUTION DESIGNATING THE FIRMS OF KINDE AND ASSOCIATES - U.R.S. MADIGAN-PRAEGAR, INC., CARR SMITH & ASSOCIATES, INC. AND RADER & ASSOCIATES, INC., IN THE ORDER OF PREFERENCE, AS THE THREE (3) CONSULTANTS RECOMMENDED TO THE CITY MANAGER FOR THE ORANGE BOWL STADIUM IMPROVEMENT 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 and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. 82, CHANGE THE OCTOBER 24, 1974 MEETING DATE TO BE HELD IN THE AFTERNOON (TWO P.M.) AT AvELAN]t U{ LGHTS The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 74-1036 A RESOLUTION CHANGING THE OCTOBER 24, 1974 CITY COMMISSION MEETING PLACE AT 2:00 P.M. FROM CITY HALL TO THE STEPHEN P. CLARK COMMUNITY BUILDING, GRAPELAND HEIGHTS. (Here follows body of resolution, omitted here and on file in the City Clerk's Office.) 137 SEP 121974 Upon being seconded by Rev. Gibson the resolution was passed and adopted by tle following vote -AYES: Mr. Plummer, Mr. Reboso, Rdv. Gibson, Mts. Gordon and Mayor Ferre. lOES: None. 83, SCHEDULE SPECIAL CITY COMMISSION MEETING SEPT,23,I974 3P,M, 1NCIDERATION OF ZONING ORDINANCE FOR BURLINGAME_ISLAND The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1037 A RESOLUTION SCHEDULING A SPECIAL COM- MISSION MEETING ON SEPTEMBER 23, 1974, AT 3:00 P.M., PERTAINING TO ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING OF CLAUGHTON OR BURLINGAME ISLAND FROM R-4 to SPD-1. (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. 84,-CHANGE DATE OF SECOND C04IMISSION MEETING OF SEPTEMBER To SEP 27, ThA following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 74-1038 A RESOLUTION CHANGING THE DATE OF THE REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION ON SEPTEMBER 26, 1974, WHICH IS YOM KIPPUR, A JEWISH HIGH HOLY DAY, TO SEPTEMBER 27, 1974. (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. Rebos►o, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. 85, DISCUSSION ITEM - STATUS OF CONDEMNATION PROCEEDINGS FOR PROPERTY AT LATIN RIVERFRONT PAW( Mayor Ferre: For the record, and ication and all, Mr. Lloyd I want this Commission up to date on two well for us, the Latin Riverfront road filling suit. Mr. Plummer for your clarif- you to very quickly bring lawsuits that haven't gone Park and the F.E.C. Rail - Mr. Lloyd: Yes, sir. In the Latin Park situation the Circuit Court denied our right to take the property claiming that we 138 SEP 121974 were premature with respect to the'necessity of taking and we are currently preparing a petition for rehearing if that is denied by the court we will appeal ifl ediately. Mayor Ferre: Appeal to the Supreme Court? Mr. Lloyds District Court of Appeals. Now then Mr. Plummer: Mr. Lloyd, I hate to be the one and I'm not aim- ing this to you, I bring this fact to the Commission. You know nothing is going down. Everything is going up in price. When this thing originally came before this Commission document- ed in the minutes I made this statement at that time that the price that was being allocated was not realistic. It was out of question. There was no way that we could acquire the prop- erty for that reason. Now, they came back before this Commis- sion or it was brought back at a figure double what had been allocated. Now, I think that you should put this Commission on notice. If I remember the figures correctly it was some- thing like $240,000. The last appraisal we had was $500,000 and that's been 6, 8 or 10 months ago. Now if we appeal this to the Supreme Court and we win how much more? Well, it's not the same old story because I keep trying to change this story. Mayor Ferre: Now J.L., look. What we're fighting over, unfortunately is the same deal, not the sam- but similar to the F.E.C. What they're saying to us, this fellow - the owner of the property's lawyer is telling the court - the City of Miami does not have a clear cut need to take my prop- erty. Is that right, Mr. Attorney? Mr. Lloyd: Yes, sir. Mayor Ferre: And the court said you're right. So it isn't a question of how much you're going to pay for it, the court is telling us we can't take that property. Mr. Plummer: Mr. Mayor, I'm not disagreeing with you. What I'm saying is are we going to• be another Ball Point; we're going to win the battle but lose the war? Mayor Ferre: What alternatives are there? Mr. Plummer: To drop the suit now. If we know for a fact today that that property is going to cost us; I don't know, I don't know... Mayor Ferre: Listen, the time'to cross that bridge is after the Circuit Court of Appeals either reverses the thing or doesn't. Because I don't think we're at that point yet. Mr. Plummer: I ask that question. Mayor Ferre: That's my opinion Mr. Plummer: Are we at that point? In other words, what I'm saying in simple words - we win the battle, we win the court suit and then we find out that the property has jumped up to $750,000 or a million dollars. We can't afford it. So I say to you I think now is the time to re-examine. You know every- body voted including me even though I interjected at the time that it wasn't a realistic figure. I once again after six months or eight°months ago when we doubled it to $500,000. 139 SEP 121974 Mr. Crouch: I would like to just correct the figures that you're dealing with, the statement you're making is correct but the original estimate by the City before any appraisal was made was a half a million dollars and we got the quarter of a Mil lion dollar grant from the Federal Government for the ac- quisition of the property. After we got the first appraisal the value of this property was approximately $900,000 and that is an appraisal that is a little over a year old now. Mr. Plummer: All right, what I'm saying is, and thank you for correcting me, are we conceivably looking at today that he wins in court that we can conceivably be looking at a million and a half. Mayor Ferre: We don't know that. Mr. Crouch: If this is input to you, when I negotiated with the people for the acquisition they told me that individual parcels were, that they had appraisals that would set more than a million dollars on a parcel. Mr. Plummer: You see, these are things, Mr. Mayor, we're sending our lawyers to court and we're going to maybe win the battle. Now, let me say and let me bring up one other point and I'll shut up. I've made my point once again. We spoke at the time of an alternate. That alternate being rather than one large parcel which they wanted and solely this Commission went on record for, of conceivably going to two or three other parcels. Is it time to review? Mayor Ferre: Well, I'll tell you what let's do. Mr. Manager, I think this is something that the administration should give serious study. Now my personal opinion is that this is not the time for us to give up. I think we should continue this court battle at least to the appellate court and see if we could get a reversal on this. It's most unfortunate and I don't like this idea that we get continually knocked down on these suits. Now I understand your point, and you're talking about money and I understand but we're not talking now about any 15 or 20 million dollars but relatively, in my opinion, task to do. In other words going up from half a million to a million and a half is certainly a lot easier than going from 7 million to 15 million. So we're getting down to the practicality of the sit- uation. In my opinion this is not the time to fold it up. Would you in the meantime look into this and come back to us with a recommendation. Mr. Lloyd: Yes. In the meantime, of course, we do not yet have to file the petition for rehearing because the time hasn't run for that yet. Mayor Ferre: John, that's exactly the way we always end up getting clobbered. I think this is.... Mr. Lloyd: Well, it is only a matter of a few days. We'll file it in the next few days. Mayor Ferre: In the meantime the prices are going up so the quicker we move the better off we are. So for goodness sakes, unless the Commission tells you otherwise file that petition please. Mr Lloyd: We'll file it. 140 SEP 121974 86, II11CU S1ON ITEM - STATUS OF F.E.G. FILL PFRMilT Mr. Lloyd: file other matter is the fill case with respect to the F.E.C. AR you know we got a temporary injunction prevent- ing them from further filling pending the decision of the cir- cuit Court to find out whether the new statute creating Biscayne Bay as an acquatic preserve applied to prevent further filling without further action of the I.I. Board. The F.E.C. took an appeal from this and the district court of appeal reversed the circuit court. They just denied our petition for rehearing on the same day we filed a petition for certiorari in the Supreme Court of Florida with our acc,mpaning brief. That was done yesterday, on the same day as' we got notification of our denial for petition for rehearing. Mayor Ferre: Ok. The point of the story is that we tried. We went through the lower court and they said yes, they gave us the right to stop the filling. The Appellate Court reversed them and now we're on our way to the Supreme Court with certior- ari. Of course the implications are obviously bad because the people who heard this were a panel of three judges and as you all know it is a little bit more difficult to reverse the Appellate Court than it is the lower court to the Appellate Court. Mrs. Gordon: Was there a unanimous decision? Mr. Lloyd: Yes. Mayor Ferre: Unfortunately, it was a unanimous decision.. In all likelihood, I'm just being practical, that the impli- cations are bad for the City. I just want you to be aware of what is happening. Mr. Lloyd: There is one thing more that I wish to tell you. We contacted the Attorney General of Florida on this and the Assistant Attorney General handling this does not agree with me that the statute applies. Therefore, he will not file any- thing in the court. I asked him if he would come in as amicus curiae in the event that he agreed with me and not to do any- thing if he didn't. I've got that agreement but they disagree with me and the members of the I.I. Board apparently does also and indeed the drafter of the statute, the legislator who pre- sented the statute, not the drafter, also disagrees with me. Mrs. Gordon: They disagreed with you on that suit but they didn't disagree with you on adjoining as a friend of the court on the condemnation did they? Mr. Lloyd: No. I'm talking solely about this. Although they haven't yet joined on the other. Mrs. Gordon: No, but what pursual have you made of it? What pursual have you made? Mr. Lloyd: Of which? Mrs. Gordon: Of the condemnation amicus curiae suit. Mr. Lloyd: Well there is nothing I can do. I have asked the Attorney General to come in and Mr. Oxford told me they were interested and I said if you are and agree with us come on. They haven't yet filed anything. Mrs. Gordon; How long ago? 141 SEP 121974 • Mt. Lloyd: A month ago. Mrs. ( r on: And what written correspondence have you had ;sine. then? Mt. Lloyd: No written correspondence from them whatsoever on that. Mrs. Gordon: Then in other words you're just letting it die on the vine. Mr. Lloyd: I'm not letting it die. I've asked them if they will come in providing they agree with us and file a brief as soon as they can. Mrs. Gordon: Was it in writing the first time? Mr. Lloyd: They called me up on the telephone and indicated their interest. Mrs. Gordon: There is nothing in the files to indicate any- thing one way or the other? Mayor Ferre: He's on the record now and he's not about to lie. Mrs. Gordon: I didn't say he was, I just said that if you want a document you ought to have it in writing. Mayor Ferre: Have you pursued this vigorously? Mr. Lloyd: Yes, sir. Mrs. Gordon: No, not vigorously because he hasn't been in touch with them for a month. Mr. Lloyd: Well, just a minute. In the first place, right now I think that I'm not in tune with the idea of having the Attorney General file a brief at this time because I think it will delay the matter. I think that we've filed all that we can. Now if you feel that it is a matter of power to have the Attorney General to file I'll be happy to write and I'll write a letter tomorrowasking him if they agree with us to ;go ahead and proceed with the brief and why haven't they. Mayor Ferre: Well, that's a policy matter. Mr. Lloyd: That's up to the Commission to inform me to do. Mayor Ferre: How long would it delay it? Mr. Lloyd: I have no idea. Mayor Ferre: Well, what is your opinion? Mr. Lloyd: I cannot say. It would be a wild guess for me to say so I hesitate to say. Mayor Ferre: Would you follow up Bob Shevin and discuss this with Bob Shevin and see how long he thinks it will delay it. If the delay is not overwhelming would you ask them to gupercede? Mr. Lloyd: Yes, I certainly will. Mayor Ferre: And if the delay is, by overwhelming i mean more than a couple of months or so. 142 SEP 121974 Mrs. Gordon: How long has it been since you have been ex- pecting it to Come up and it hasn't? Mr. Lloyd: I can't answer that question because I have no way of knowing when it will came out so 1 don't expect a time when it will coMe out and I have never indicated that I did expect a time when it would come out. Mrs. Gordon: I know that. So you really and truly can't say that there's coing to be a delay or not because it could sit there and you don't know how long. Mr. Lloyd: No, I can't say there is a delay. However, the only thing that I can tell you is that the more briefs you're going to file, if they're going to read them the more time they have to take. Mrs. Gordon: But at the other hand you might be able to win a case that you ordinarily would loose. Mr. Lloyd: It is possible. Mrs. Gordon: The same thing pertains to the County. There has been no pursual at all to get the County to join in the suit as amicus curiae either. I don't honestly think that that is the right procedure. Mr. Lloyd: That's not so. That's not so. Mrs. Gordon: Well, what have you done for the County to {jet them to do it? Mr. Lloyd: I have conversed with Stewart Simon on the matter and he is debating whether or not he should come in or not and I told you that. Mrs. Gordon: Ok, have you had anything from -Simon in writing or have you been communicating with him in writing? Mr. Lloyd: No, I hav(_n't and I haven't been instructed to do so. Mayor Ferre: Well put it in writing so we won't have any questions. Of course, I wart to make a point on the record. The fact that it isn't in writing does not mean that you haven't done it. Mrs. Gordon: But it documents it, doesn't it. Mayor Ferre: It is documented now on the record.... Mrs. Gordon: Well, it wouldn't have been if we hadn't con- versed about it. Mayor Ferre: That's why I brought it out. Mrs. Gordon: A lot of comedians on the Commission. Mayor Ferre: Rose, this isn't no comedy. Why do you think I brought... I could have walked away from here and kept quiet about it. The fact that I brought it out I think speaks for itself. 143 SEP 121974 ADJOURNMENT: There being no further business to come before the City Commission, the meeting was adjourned at ATTEST: H. D. SOUTHERN City Clerk RALPH G. ONGIE Assistant City Clerk 8:15 O'Clock P.M. MAURICE A. FERRE Mayor 1144 SEP 1:: 974 A..- FfV OF MAMI DOCUMENT INDEX MEETING DATE: SEPTEMBER 12, 1974 ITEM N0 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. DOCUMENT IDENTIFICATION COMMISSION ACTION RETRIEVAL CODE NO. COMMISSION AGENDA & CITY CLERK REPORT (31 pgs) MODIFICATION OF CENTRAL SHOPPING PLAZA DEVELOP- MENT - 3875 N.W. 7th ST. CONDOLENCES TO THE FAMILY OF THE KORNER. CONDOLENCES TO THE FAMILY OF THE ECHOLS. LATE HENRY W. LATE JAMES H. GRANTING PERMIT - LOT 12, 3405 MAIN HIGHWAY FOR PARKING LOT. GRANTING PERMIT - INCLUSION OF "FINANCIAL FEDE- RAL SAVINGS AND LOAN" AIRPARK PLAZA - N.W. CORNER OF N.W. 7th ST. AND 57th AVENUE. VARIANCE - CONTRUCTION OF ADDITION LOTS 20, 21, AND 22, BLK.4. - 241 N.W. 54 ST. COMPLETED CONSTRUCTION OF L. C. MORRIS, INC.- REID ACRES HIGHWAY IMPROVEMENT H-4349. ESTABLISH RESERVES - CONSTRUCTION CONTRACT FOR POLICE IMPROVEMENT. ALLOCATING FUNDS NECESSARY TO FULFILL THE INSTRUCTIONS OF R-74-614 COMPLETED WORK - BEN HURWITZ, INC. - DOWNTOWN GOVERNMENT CENTER - BUILDING DEMOLITION. COMPLETED WORK - MARKS BROTHERS COMPANY - ROBER TO CLEMENTE PARK - RESURFACING BASKETBALL COURT COMPLETED CONSTRUCTION - CARL J. HOENES, INC. FOR THE EDISON PARK TEEN CENTER. ACCEPT COMPLETED WORK - MARKS BROTHERS COMPANY - AUTHORIZE FINAL PAYMENT FOR WESTERN DRAINAGE PROJECT E-30. ACCEPT DEED FROM METROPOLITAN DADE COUNTY - SITE 304. RENEWAL OF ADVERTISING AGREEMENT - BETWEEN METROPOLITAN DADE COUNTY AND CITY OF MIAMI. ACCEPT BID - OREN ROANOKE CORPORATION - G.P.M. CUSTOM BUILT PUMPERS -FIRE DEPARTMENT ADVERTISING AGREEMENT WITH ADVERTISING AND MARKETING ASSOCIATES, INC.-EXTENSION OF 2 YEARS R-74-970 R-74-971 R-74-972 R-74-973 R-74-974 R-74-974 R-74-976 R-74-978 R-74-979 R-74-980 R-74-981 R-74-982 R-74-983 R-74-985 R-74-986 R-74-987 R-74-988 0087 74-970 74-971 74-972 74-973 74-974 74-974 74-976 74-978 74-979 74-980 74-981 74-982 74-983 74-985 74-986 74-987 74-988 D.OeUMENit IN DEX CONTINUEDPAGE2 ITEM! NO.DOCUMENT IDENTIFICATION 19. 1 .ACCEPT PLAT - BAY CLUB SUBDIVISION C0*OE SI0N ♦ RETRIEVE ••� vallammelimmlArallamswommosaglaitairmis 20. AUTHORIZE PUBLISH NOTICE OF PUBLIC HEARING - OBJECTION OF COMPLETED CONSTRUCTIJN OF JEFFERSON HIGHWAY IMPROVEMENT H-4350 21. 'DESIGNATING THE SIEGENDORF BICYCLE PATH A RECREATION AREA FOR USE BY THE GENERAL PUBLIC. 22. AUTHORIZE ISSUANCE OF WASTE COLLECTION LICENSE TO ABBOTT'S .RECYCLING INDUSTRIES,. INC. 23. APPOINTING TWO ADDITIONAL MEMBERS - ECOLOGY AND BEUTIFICATION. 24. CHANGING DATE OF PUBLIC HEARING - FOR THE TRANS' -FER OF CERTIFICATES OF PUBLIC CONVENIENCE. 25. APPOINT ADDITIONAL MEMBERS TO THE GENERAL CULTURAL HISPANIC COMMITTEE. 26. PROCLAMING THE POLICY OF HISPANIC HERITAGE WEEK IN MIAMI. 27. CLAIM SETTLEMENT - JUANA RODRIGUEZ A MINOR AND PEDRO RODRIGUEZ HER FATHER AND NEXT FRIEND. 28. 1 CLAIM SETTLEMENT - MONA LUDWIG 29. 1CLAIM SETTLEMENT - LEVY AND MAURICE I. LEVY HER HUSBAND. 30. CONFIRM ACTION OF THE CITY MANAGER IN THE SUBMISSION OF STATE GRANT APPLICATION TO INICIATE PROGRAM FOR COMMUNITY DAY CARE 31. CONFIRM ACTION OF THE CITY MANAGER IN THE • SUBMISSION OF STATE GRANT APPLICATION TO INITIATE PROGRAM FOR RECREATIONAL ACTIVITIES 4 FOR HANDICAPPED. 32. 1CIVIL ACTION - CITY OF MIAMI VS. ET AL. PARCEL NO. 7095-4 33. 1CIVIL ACTION - CITY OF MIAMI VS. ET AL. PARCEL NO. 7095-5 GISELE FASHIK GISELE FASHIK 34. WAIVE RENTAL FEE - USE OF THE MIAMI STADIUM BY THE BOARD OF TRUSTEES OF CHRISTIAN HOSPITAL. 35. ACCEPT BID - MIAMI ELEVATOR COMPANY - REPAIRS ELEVATORS AT ORANGE BOWL STADIUM 36. ACCEPT BIDS - HUBERT H. HANSEN & ASSOCIATES & LONG AMALGAMATED INDUSTRIES, INC. - DAY CARE PLAYGROUND EQUIPMENT. 37. PAY DEPARTMENT OF LABOR $25,327.40 AS FULL REPAYMENT OF ALLEGED DISCREPENCIES IN EXPENDI- TURE OF FUNDS UNDER EMERGENCY EMPLOYMENT ACT. R-74-9.89 R-74-990 R-74-991 R-74-992 R-74-994 R-74-995 R-74-996 R-74-997 R-74-998 R-74-999 R-74-1000 R-74-1001 R-74-1002 R-74-1003 R-74-1004 R-74-1005 R-74-1006 R-74-1007 R-74-1008 74-989 74-990 74-991 74-992 74-994 74-995 74-996 74-997 74-998 74-999 74-1000 74-1001 74-1002 74-1003 74-100.4 74-1005 74-1006 74-1007 74-1008 ITEM NO. 11. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. ))..0CLI _ENTINDEX PAGE 3 _ CONTINUED COMMIb510N ' RETRIEVAL ACTION DOCUMENT IDENTIFICATION Ainomormonammir • MODIFYING AGREEMENT FOR ESTABLISHMENT OF AFTER SCHOOL CARE DEMONSTRATION CENTERS IN THE CITY OF MIAMI. AWARD BID - FENCE MASTERS, INC. FOR THE SILVER BLUFF PARK DEVELOPMENT (FENCING) AWARD BID - BISCAYNE CONSTRUCTION, INC. FOR THE LUMMUS PARK- SHUFFLEBOARD COURT:' RESURFACING. AWARD BID - BRA TURF & INDUSTRIAL•EQUIPMENT CO. - FURNISHING ONE REEL MOWER. AWARD BID - GENERAL TRADING CO, - FURNISHING LUBRICATION USE BY THE DEPARTMENT OF PARKS AND RECREATION. NOMINATING THREE INDIVIDUALS TO SERVE ON THE INTERAMERICAN CENTER AUTHORITY BOARD. AUTHORIZE EXTENSION OF AGREEMENT WITH H. LESLIE QUIGG AS YACHT DOCKS COORDINATOR. OPPOSING THE ENACTMENT OF METROPOLITAN DADE COUNTY - COMMUNITY ANTENNA TELEVISION SYSTEMS. EXTENSION OF 91S 259 S.W. EXTENSION OF 11, BLK. 15S VARIANCE TO OFFICES ON LOT 14, BLK 13th ST. VARIANCE TO DUPLEX BLDG.S.10' LOT 795 S.W. 2nd ST. EXTENSION OF VARIANCE OF ADDITION TO JEWISH HOME "DOUGLAS GARDENS" 151 N.E. 52nd ST. EXTENSION OF CONDITIONAL USE OF ADDITION TO JEWISH HOME "DOUGLAS GARDENS'AT 151 N.E. 52nd STREET. EXTENSION OF CONDITIONAL USE DOUGLAS GARDENS AT 151 N.E. 52nd ST. FOR OFF-STREET"PARKING. EXTENSION OF CONDITIONAL USE "RIVER COVE AT NORTH RIVER DRIVE AND 17th AVENUE. AGREEMENT WITH THE MANPOWER PLANNING COUNCIL OF DADE MONROE COUNTIES. AUTHORIZE CITY ATTORNEY TO TERMINATE THAT PART OF CITY OF MIAMI V. MARJORIE E. WILSON, ET AL, -CIVIL ACTION NO. 73-788. WAIVING THE RENTAL FEE FOR MIAMI STADIUM - FOR USE BY MIAMI DADE COMMUNITY COLLEGE, DOWN- TOWN CAMPUS EXTENSION OF VARIANCE - APARTMENT -HOTEL -OFFICE COMPLEX - LOTS 8 THRU 13, BLK. 104S. AT 801 SOUTH BAYSHORE DRIVE. R-74-1009 R-74-1010 R-74-1011 R-74-1012 R-74-1013 R-74-1016 R-74-1017 R-74-1018 R-74-1019 R-74-1020 R-74-1021 R-74-1022 R-74-1023 R-74-1024 R-74-1025 R-74-1026 R-74-1027 R-74-1028 COME 110. 74-1009 74-1010 74-1011 74-1012 74-1013 74-1016 74-1017 74-1018 74-1019 74-1020 74-1021 74-1022 74-1023 74-1024 74-1025 74-1026 74-1027 74-1028 c.QCIJN ENT1N D EX CONTINUED PAGE 4 ITEM NO. DOCUMENT IDENTIFICATION COMMISSION RETR EVAL CODE NO. AMID 56. 57. 58. 59 60 61 62 63 64 EXTEND AGREEMENT BETWEEN DADE COUNTY AND THE CITY OF MIAMI - IMPLEMENTATION OF EMERGENCY EMPLOYMENT ACT OF 1971. APPOINT FIVE INDIVIDUALS TO SERVE ON THE LAW ENFORCEMENT COMMUNITY OUTREACH AND CAREER PRO- GRAM ADVISORY BOARD. DESIGNATING THE FIRMS OF WALLACE, McHARG, ROBERTS AND TODD; ROGERS, TALIAFERRO, KOSTRITSKY AND LAMB FOR MIAMI COMPREHENSIVE NEIGHBORHOOD DEVELOPMENT PLANT AGREEMENT WITH UNDERWOOD MARINE CORPORATION SIX MONTH LEASE PROPERTY 2550 SOUTH BAYSHORE DRIVE EMPLOY FIRM OF HANSEN AND COMPANY FOR PROFESSIONAL ASSISTANCE OF MIAMI'S PENSION MATTERS DESIGNATING FIRMS OF KUNDE AND ASSOCIATES- U.R.S. MADIGAN-PRAEGAS INC., CARR SMITH AND ASSOCIATES,INC.-CITY OF MIAMI-ORANGE BOWL STADIUM IMPROVEMENT PROGRAM CHANGING MEETING OF OCTOBER 24, 1974 TO THE STEPHEN P. CLARK COMMUNITY BUILDING- GRAPELAND HEIGHTS SCHEDULING A SPECIAL COMMISSION MEETING ON SEPTEMBER 23, 1974 PERTAINING TO ORDINANCE NO. 6871 CHANGING DATE MEETING ON SEPTEMBER 26, 1974 TO SEPTEMBER 27, 1974 R-74 -1029 R-74-1030 R-74-1032 R-74 -1033 R-74-1034 R-74-1035 R-74-1036 R-74-1037 R-74-1038 74-1029 74-1030 74-1032 74-1033 74-1034 74-1035 74-1036 74-1037 74-1038