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HomeMy WebLinkAboutCC 1974-12-02 MinutesTY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON MONDAY - DECEMBER 2, 1974 (REGULAR) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK 1. 2. 3. 4. 5. 6. 7. 8. 9. INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT REQUEST FOR PERMISSION TO DREDGE AREA IN BISCAYNE BAY ADJACENT TO LOTS 53 THAD 62 BLOCK 'B' FLAGLER MARY BRICKELL IN CONJUNCTION WITH PROPOSED MARINA REQUEST TO DREDGE BAY BOTTOM CONTINGUOUS TO LOTS 70, 1,2,3 BLOCK, FLAGLER MARY BRICKELL - MARINA UNDER CURRENT PETITION FOR CONDITIONAL USE GRANT APPROVAL TO ENCLOSE FIRST FLOOR AREA 3801 BIS- CAYNE BOULEVARD LOTS 40-46 MAGNOLIA PARK (5-25) REQUEST FOR VARIANCE TO PERMIT RESTAURANT - 3400 S.W. 8TH STREET TENTATIVE PLAN #851-A-"LANDMAN'S FIRST"" RECEIVE SEALED SIDS - BAY CREST HIGHWAY IMPROVEMENT H-4373 CONTINUED DISCUSSION - ITEM 4 DENIAL REQUEST FOR CHANGE OF ZONING CLASSIFICATION PORTION OF LOT 17 - TWELFTH STREET ACRES PLAN 3 (6-117) 51 N.W. 51ST PLACE - BRIEF DISCUSSION & DEFERRAL CLOSURE OF ALLEY BETWEEN N.W. 22ND & 23RD STREETS AND MIAMI COURT AND N.W. FIRST AVENUE - JOHNSON AND WADDELL'S REBUS (6-68) TENTATIVE PLAT 902 "SALAR" DISCUSSION ITEMS: (1) SALVATION ARMY USE OF PROPERTY (2) DRUNK FARMS AND ASKING SALVAT- ARMY TO AID IN THESE EFFORTS 10. STREET CLOSURE - N.W. 21ST TERRACE BETWEEN N.W. 12TH AND 13 AVE., TENTATIVE PLAT #917 - "TAVILLA" 11. ORDINANCE AMENDMENT - SPD - 2 COCONUT GROVE SPECIAL OVERLAY DISTRICT ORDINANCE AMENDMENT - R-CC DISTRICT 12. ORDINANCE AMENDMENT - OFF STREET PARKING AND LOADING PAR. 2, SEC. 2, ARTICLE XXIII 13. MARTIN LUTHER KING BOULEVARD INTERIM ZONING DISTRICT EXTENSION 14. AUTHORIZE CONTRACT WITH INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE FOR EVALUATING QUALIFICATIONS OF APPLICANTS FOR CHIEF OF POLICE OF THE CITY OF MIAMI - APPROPRIATING $6,800. 15. DISCUSSION OF SCREENING PROCESS TO BE USED IN APPOINT- MENT OF A NEW CHIEF OF POLICE 16. PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION 17. MOTTION ELECTING J.L. PLUMMER AS VICE MAYOR FOR A PERIOD OF ONE YEAR 18. PERSONAL APPEARANCE - REV. T. JOHNSON REGARDING ABSENCES ON ZONING BOARD 19. PERSONAL APPEARANCE - EUGENE SPELLMAN REGARDING APPRAISALS 0! GOVERNMENT CENTER PARCE. S ORDINANCE OR RESOLUTION NO DEFERRED DEFERRED R 74-1315 .--7 DENIED BY MOTION --11 R 74-1316 PAGE Nt --6 M 74-1317 DEFERRAL R 74-1318 DISCCSSION R 74-1319 DISCUSSION & DEFERRAL FIRST READING 8334 R 74-1320 DISCUSSION M 74-1321 DISCUSSION DISCUSSION 12--13 4 --15 15 15--16 16--26 27 27 28 28--33 34 34 34--35 35--36 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA PUBLIC HEARING - PROPOSALS FOR DEVELOPING BICENTENNIAL PARK, PRESENTATION BY EDWARD DURRELL STONE & ASSOC. POLICE MATTERS DISCUSSION CONTINUED; EXPRESS POLICY THAT CHIEF BE APPOINTED AS SOON AS POSSIBLE DIRECTING CIVIL SERVICE BOARD TO REPORT REQUIREMENTS TO COMPLY WITH COURT ORDER FRANKLIN COHEN ET AL VS. CITY ACCEPT COMPLETED WORK, LEGION PARK COMMUNITY BUILDING ALTERATIONS - 1974 ACCEPT PLAT - HALL BELCHER TRACT LEASE AGREEMENT - LYMAN W. HIGGS, JR., W.25' LOT 20 ST. JOHNS PARK FOR USE AS OFF-STREET PARKING ISSUANCE OF WASTE COLLECTION LICENSE - MANUEL WHITE ISSUANCE OF WASTE COLLECTION LICENSE - LA FE TRASH SERVICE AMEND GENERAL APPROPRIATIONS ORDINANCE TO PERMIT EXPENDITURE OF REVENUES OF $15,500 FROM 1975 INTER- NATIONAL FOLK FESTIVAL FOR PARTIAL PAYMENT OF OBLI- GATIONS INCURRED ISSUANCE OF AMUSEMENT RIDES PERMIT CORPUS CHRISTI CHURCH - DEC. 7, 8, 1974 MOTION EMPOWERING THE CITY MANAGER TO EXTEND TIME FOR CARNIVAL OPERATIONS AUTHORIZED BY COMMISSION CHANGING ZONING CLASSIFICATION LOTS 77 & 78, MARDEN HEIGHTS 2ND SECTION (9-37) ACCEPT BID - GUTTERBROOM STEEL - DEPARTMENT OF SANITATION ACCEPT BID ELECTRONIC FILING SYSTEM - OFFICE OF THE CITY CLERK ACCEPT BID BOILER CHEMICALS FOR DEPARTMENT OF SANITATION AMEND APPROPRIATIONS ORDINANCE 8316 TO PROVIDE ADDIT- IONAL $160,000 FOR STEP 1 OF ORANGE BOWL STADIUM IMPROVEMENT PROGRAM BASEBALL LEAGUE - NEW MAJOR TEAM SCHEDULING OF MEETINGS, NEIGHBORHOOD DEVELOPMENT ACT MEETING DURING LUNCH HOUR, DECEMBER 17TH (GROUND BREAKING CEREMONY MMPD) AUTHORIZE EXECUTION OF CONTRACT, FRANK J. COBO - ADMINISTRATIVE ASSISTANT TO THE MAYOR IW GE SIGN AT MUNICIPAL JUSTICE BUILDING TO READ; "CITY OF MIAMI POLICE DEPARTMENT" ORDINANCE OR RESOLUTION NO M 74-1322 M 74-1323 M 74-1324 M 74-1325 M 74-1326 R 74-1327 R 74-1328 R 74-1330 R 74-1331 R 74-1332 R 74-1333 R 74-1334 FIRST READING R 74-1335 M 74-1336 8335 R 74-1337 R 74-1338 R 74-1339 8336 DISCUSSION DISCUSSION DISCUSSION R 74-1340 M 74-1341 PAGE Nr 37-39 39-40 41 41 42 42 43 43 44 44 45 45 46 46 47 47 48 48 49 49 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO, SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NC 40, 41. 42. 43. 44. 45. 46. ALLOCATE $10,000 FROM UNALLOCATED FEDERAL REVENUE SHARING FUNDS TO FUND LEGAL SERVICES TO JANUARY 1,1975 TERMINATE BY APPROPRIATE MEANS CITY VS. MARJORIE WILSON ET. AL. CIVIL ACTION 73-788 DEALING WITH PAR- CEL 7088-75-11 IP SAID TERMINATION CAN BE ACCOMPLISHEL NOT TO EXCEED $67,000 ALLOCATE $965,290 AS COMPENSATION FOR LAND OWNERS OF PARCELS 7088-75-3, 7088-75-4; 7088-75-5, 7088-75-12 and 13; 7088-88-3, 7088-88-4, 7088-88-5, 7088-88-6; 7088-14 AND 7088-15; CITY VS. MARJORIE WILSON ET AL - CASE 73-788 APPOINT J.L. PLUMMER AS VICE MAYOR OF THE CITY OF MIAMI TERMINATE 5 P.M., DEC. 5, 1974 AGREEMENT WITHOUT LIABILITY CITY VS. F.E.C. RR -CIRCUIT CASE 74-18560 PROVIDING FOR THE SALE OF FILL BY THE CITY, ETC. PAY NECESSARY EXPENSES - COMMISSIONER ROSE GORDON REPRESENTING CITY AT FLORIDA PLANNING AND ZONING ASSN. CONVENTION IN MARCO, FLORIDA PROPOSED ORDINANCE - PARKING LOT REGULATIONS RECENT ROBBERIES AT 45 N.W. 54TH STREET, W.E. WELLS ADJOURN!ENT**********,******************************** R 74-1342 R 74-1343 R 74-1344 R 74-1345 R 74-1346 M 74-1347 DEFERRED DISCUSSION *****************1 50 50 51 51 52 52 53 55 ********* IfiiIMlu IIillIYrllilU MINUTES OP REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * * * On the 2nd day of December, 1974, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan Aieerican Drive, Miami, Florida, in regular session. The meeting was called to order at 9:05 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ALSO PRESENT: P. W. Andrews, City Manager A. P. Crouch, Assistant City Manager John S. Lloyd, City Attorney H. D. Southern, City Clerk Ralph G. Ongie, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. REQUEST FOR PERMI ION TO REDGE AREA IN BISCAYNE BAY N BLOCK 'B' FLAGLER MARY BRICKELL """I, ADJACENT TO LOTS �� THRU 6 IN CONJUNCTION WITH PROPOSED MARINA p DEFERRED Mayor Ferre: Are the applicants here on this item? Your name for the record please. Mr. Walter Mucher: My name is Walter J. Mucher, I am the construction manager for 1901 Brickell Place, Avenue, --the project called Brickell Place. Mr. Plummer: Mr. Mayor, maybe we can cut through this, it has been passed by both the Zoning Board and the Planning Department, and has this gone through the I,I, Board. Mr. Walter Mucher: No, ---- (Name in audible): My name is I am.with V.P.M Inc. Consulting Engineers for the applicant. Mr. Plummer: Mr. Lloyd can we pass this before it has been passed by the I,I, Board? Mr. Lloyd: Yes, yes, that is the way it is done. Mr. Plummer: I move that this item be approved upholding the Planning Board and the Planning Staff. Rev. Gibson: I am concerned about how this fits in with that overall ideawe have been working on, about Biscayne Blvd. that boat business, ----- Mr. Plummer: The only variance I see here is to allow them to dredge, is that correct? Mr. Simpson: That is correct, that is the only item before the City Commission. Mr. Plummer: There is no -variance to extend beyond the 25 ft. DEC 2- 1974 Mayor Perre: i just noticed I cannot vote on this. I have property within 300 ft. Let the record show I am abstaining from voting on this, and 1 pass the gavel to the Vice -Mayor . Mra. Gordon: Mr. Simpson will you repeat? Mr. Simpson:This was a two-part item when it cam into our office, a conditional use to permit the extension beyond the 25 ft. which was recommended by the Zoning Board, they have' jurisdiction at that point on a conditional use, and the dredge and fill in conjunction with the marina, which must according ordinance, come before this city commission, both items were recommended by the Planning Department and the Zoning Board. Mrs. Gordon: The extension was recommended? Mr. Simpson: Mrs. Gordon: Gordon: Mr. Acton, will you speak to that, Mr. Acton: Speak to what exactly, ----- Mrs. Gordon; --exactly to the condiional part, the part we didn't hear about. Mr. Acton: The Planning Department is on record as encouraging marinas, -----development of marinas in the City of Miami provided that they are done in accordance with standards, especially in connection with residential use, whereby the occupants or residents of property, of high density property, would be allowed to have space in that marina first. No. 2 is that they be done in accordance with good design principles. Mrs. Gordon: Have you control over that? Mr. Acton:Yes, we have reviewed the plan stated in the resolution, is on file, and we are in accord with the design as prepared by the applicant. Rev. Gibson: Rose, was a strong advocate at our last hearing, our last commission meeting, about coming down the river. I want to make sure I understand. Whatever is being done is not contrary to that item. Mr.Acton: In the Brickell area near the, ----as the Mayor stated , is residences, and we are trying to encourage the development of marinas especially in connection with residential uses that have the capability of providing overall recreational opportunities for the occupants of the property. Mr. Plummer: Do you know how far this sticks out into the bay, almost 500 ft. Mrs. Gordon: This has to be approved by the II Board, isn't that true? Mr. Plummer: That is only for the dredging. Mrs. Gordon: They have something to say about that too don't they? Mr. Plummer: Not how far it sticks out. Mr. Simpson: The I,I, Board will look at the development of the piers out into the baybottom land. The ownership of the applicant only goes to the bulkhead line, beyond the bulkhead line the I.I. Board will consider. Mrs. Gordon: That is what I thought. You have not received your final appproval from them because we are waiting on our decision today, is that it? Unidentified person: Yes, that is right, ----- Mrs. Gordon: If they disapprove it, then whatever we approve of course will not, ------ Unidentified person: It is to the best of our knowledge normal procedure that I I act on not even,other than preliminary, consider our y `. • 2 DEC 2-1974 application unless we have a conditional permit from the local authorities. We have already received the conditional permit for marina construction per se, which covers the extend of the 500 ft. Today we are applying for permission to dredge and the dredging extends in this particular case roughly 200' x 200', Mrs. Gordon: And they have given you permission to dredge this, — Unidentified perAon: We cannot put in application without having your conditional permit. Mrs. Gordon: Mr. Lloyd isn't it true they are going to have to have another public hearing before the I.I. Board with regard to this. Mr. Lloyd: They will have to have a hearing before the I.I. Board with regard to this, inasmuch as it extends beyond the bulkhead line as I Understand it does, you see, both the I.I. Board and Army Corps of engineers will have to decide upon it, of course our conditional use is conditioned on other things upon approval by both the I.I. Board and the Army Corps of Engineers. Of course there will be hearings before the I.I. Board. Mrs. Gordon: It's like putting the cart before the horse. Mr. Lloyd; No, you understand perfectly that this permission may grant or deny the application, ----if the commission denies the application that is the end of the matter, the I.I. Board will not hear it. What this does of course is, give the City Commission the first opportunity to decide ----in otherwords the I.I. Board says city commission, if you decide it is satisfactory to you, and only so, then, we, the II Board will hear it to determine if it is satisfactory to us, but if this commission denies it, the II Board will not hear it. Mrs. Gordon: Have we done this before? Rev. Gibson: Let me ask this, I am terribly concerned about uniformity and not always conformity, ---but I hope we aren't setting the kind of precedent that is going to come back and hound us. It would appear to me, that sir_ce they are the final word and that they are I presume more equipped, Mr. Grimm, is this your line, this dredging business, is that your line? Mr. Grimm: In a way Father, the dredging firm is in Biscayne bay particular in this area, are going to be extremely difficult to come by, by the Trustees,but I don't know that you should base your decision solely on that. Rev. Gibson: The point is, you see, when we say yes, this is '.ike sanction and I am scared. I'll tell you what I am willing to do. I am not opposed to a position of getting them before the Board, which doesn't tie us, because this precedent might come back to hound us. Let us not forget what happened at Fair Isle, that is all I am saying. Mr. Andrews: Mr. Mayor and members of the Commission, if I may be of assistence, the first consideration that the City Commission must make is, is this a proper use, is this a proper development of our waterfront. Is this compatible with what the commission see as a development for the City of Miami. When you decide that and if you decide affirmatively that it is, that doesn't necessarily mean the project will come into being. The Corps of Engineers and the II Fund may decide otherwise, ut they need to know first does the City Coii.asion agree in principle with what is to be accomplished and after you have done that it goes to the Corps of Engineers and the II Fund and they will take this under advisement and make a determination whehter there are other considerations, whether the project should go ahead. But they won't even begin if later on the city commission should decide this is not good for the city, there is no point in going ahead with those other steps. Mrs. Gordon; Mr. Andrews, do you know of any pervious application comparable to this one that we have approved or is this precedent -setting. Mr. Andrews: No, you have done this in the past. a. 3 DEC 2-1974 Mr. Plummer: ---a 500' marina? Mr. Andrews: Well, I don't know if it is 500 ft. but it was 300 ft. Mr. Grimm: You don't have 500', members of the Commission, but you have a pretty extensive one at the development just south of the Legion property. Mr. Plummer: Then you tell Mr. Simpson his chart is wrong because it reads 496 ft. if I am not mistaken. Mr. Grimm: I thought you asked for another example of going beyond the bulkhead line, -- Mr. Plummer: We have done it on a number of, up to 40 or 50 ft. yes, we did at 26th and Brickell, at the Four Ambassadors but there is a lot of difference between .50or 60 ft and 500 ft., so Mr. Vice Mayor, I would like to move to defer this until the meeting of the 17th, and I have to look at this. There is no other way. Unidentified person: I would like to mention for your consideration that the city ordinances regarding merinas permit extension of marinas from the bulkhead line up to 600 ft. so this is well within the limits that your planners have considered to be appropriate. Mr. Plummer; The law maybe speaks to 600 ft. of the bulkhead line but anything beyond 25 ft. needs variance. Unidentified person : Is it correct that we already have the conditional approval for that variance? Mr. Plummer: Correct sir, from the lower board. Unidentified person: We are talking today , strictly about an application for conditional approval of dredging. Mr. Plummer: You happen to be right and wrong. You are right that you have that approval, but that is why this is here as a conditional use, or as a variance, because if we don't want to grant it at this level, we can stop all the action up to this date. Mr. Mayor I move to defer it to the meeting of the 17th. Mr. Simpson: Mr. Vice -Mayor may I clarify the point that Mr. Plummer just made, so there can be no misunderstanding, the Board has jurisdiction on the conditional use aspect of this. The Board did recommend as a conditional use the construction of the docks 496 ft. out for a 99 unit marina, is it the intention of this commission to bring back the conditional use before this board or just the dredge and fill as it is presently before the board. Mr. Plummer: Dave, I think we have enough control under this ordinance. If they can't dredge it, they can't use it, now also Mr. Attorney , when they come back I want from you that they are not putting in, or have in intentions of putting in gas pumps, that they are not having any intentions of putting in gas pumps, that they are not having any intentions of putting in bait and tackle or accessory use stores, and that they do intend to put in and meet the 1975 sanitation code, ---- Unidentified person: May I answer this question, ----- Mr. Plummer: -- --no living aboard, no commercial use, all the normal protection that we have built in there. Unidentified person: We have stated in our application that there is no commercial use, there will be no gas pumps, no live aboards, Mr. Plummer: I an just saying this for the resolution, sir, this has to be contained in the resolution, not in your letter of intent but the resolution drawn by the City Attorney. Mr. Simpson: Mr. Plummer at the Zoning Board Level these points were brought out by the Planning Department, and in conjunction with • DEC 2•1974 the Zoning Board resolution 165-74 that granted the conditional use, and you should have it inyour books there, there is a five point covenant that has-been recorded in conjunction with the zoning Board approval. 140.1 it is the use of the proposed marina facility will be exclusive enjoyment of the condominium owners and residents, parking in the amount of 53 spaces in addition to the required parking will be required for development, landscape and useable open space of 2850 sq. ft. in conjunction with the marine facility, two 25 gallon trash recepticles equivalent for the first 5 vessels, that takes care of the trash, and all development shall be in accord with the general layout, partial site plan, and enginecing statements not in conflict with the above conditions. Mr.Plummer: Sanitation must be covered in that thing. Unidentified person: Sanitation is covered sir, read Article 4, Mr. Simpson: --at least one pump -out facility approved by the department of public works shall be provided. Mr. Plummer: Fine we are covered, I want to make sure it is in the resolution. I move to defer. Thereupon a motion to defer this matter to December 17, 1974 was introduced by Mr. Plummer and seconded by Rev. Gibson, was passed and adopted by a unanimous vote of the Commission. EAU N D EETTOM CONTIGUOUS TO LOTS 701 2,3 ci RU MARINA UNDER CONCURRENT PETITION FOR CONDITIONAL USE a DEFERRED Mr. Jack Watson: Mr. Mayor and members of the Commission, my name is Jack Watson, my address is 12600 Old Cutler Road, this application is exactly the same as the other one, we had the approval of both the lower board and the planning staff, we agree to all the conditions that Mr. Plummer was talking about but it is exactly the same. Mr. Plummer: Well, we will defer it. Mr. Simpson: This was a two part item, the conditional use as approved by the Zoning Board was for a marina for 70 boats with piers and pilings extending 388 ft into Biscayne Bay. Mr. Plummer: That is still a long way. Mr. Manager you might also make arrangements that any of us that wants to make arrangements for a boat so we can go and look how far out that is going to be. I think that would be worthwhile. I move to defer Item 4. Mayor Ferre: I might point out in discussion on this item, I don't have a conflict because I dont' have property near by, but I might point • out it tight not be a bad idea Mr. for you to invite the members of the commission to go up on top of your building where I think you can get a good view of bay and the whole area, I think at the same time we 'could out in a boat and go out 380 ft and see how far that is. When in the air you get better perspective. Mrs. Gordon: That is a very important point too, where Father Gibson was very concerned because of Fair Isle's proximity to the mainland, the reason any other island considerations here, so there isn't really the same concern. I think we have to develop a philosophy of what we want our waterfront property to develop into and M think that what we are doing is rather precedentssetting, not detrimentally precedent netting, but beneficially precedent setting for the future of this community, because we are water -oriented community. I think what the commission wants to do is set this precedent after viewing it and I am all for that, and 'I want to see it from the waterside as Mr. Plummer does. Mr.Plummer: Mr. Andrews just made a suggestion and maybe would 5 DEC 2-1974 accomplish the same end, ifmost of the owners would agree, on any given day to put a bouy at the di8tance, we could eliminate going out by boat and just get the view as the Mayor has suggested, and see how far out it would be rather than for the City Manager to try to get a buat and take us out there. Thereupon a motion to defer this matter to December 17, 1974 was introduced by Mr. Plummer, and seconded by Rev. Gibson, was passed and adopted by a unanimous vote of the Commission. GRANT APPROVAL TO ENCLbSE FIRST FLOOR AREA 3801 BISCAYNE BOULEVARD LOTS 40=46 MAGNOLIA PARK (5-25) Mayor Ferre: There is one objector, is he here? Yes,----? we will hear briefly from the applicant, then you. Mr. B. Mack Brown: My name is B. Mack Brown, Attorney, 7100 N. Kendall Drive, attorney for the applicant. What we are doing is enclosing the ground floor here, this is the F.B.I. building on Biscayne Blvd. and 38th Street, the ground floor is now used for parking and is semi -enclosed, which you can tell from the picture, staggard brick, we want to enclose that, put an office in there. The last lot down on the right Lot 46, we want to use that for parking, and what we have done is ask for G-U, governmental use zoning. The F.B.I. has been in this building for 10 years and has signed another least to be there another 10 years, and GU is governmental use and is for them, and for some reason they don't comply with the lease and move then we don't have what we are asking for. Most of the areoaround there is C-1 and R-3. Mr. Plummer: We are all familiar with it, let's hear from the objector. Mr. S. Bernardis: Mr. Mayor and members of the Board my name is S. Bernardis, I live at 520 N.E. 38th Street. I like to open with a question -----is there a possibility that address 520 N.E. 38th Street, is a condiminium apartment, that is occupied by 26 families. Is there any form or way we could notify these families, whenever the change occurs around that area. In the prior meeting I object to and I mention the fact we were no': notified by mail and it is in this meeting we were not again notified by mail and, ------ Mayor Ferre: Is that a rental unit. Mr. Bernardis: No, it is a condominimum since Feb. 1974. We all had tax notices on July with our addresses and names on it. Mayor Ferre: Let's find out, why wern't these people notifed within the 300 ft. Mr. Simpson: The mailing list did not indicate, and first of all the applicant prepared the mailing list from the latest tax roll of Dade County. It did not indicate this was a condominiump--the original owner as shown on the tax roll was notified. The gentleman indicated it was just a condominium since February 1974. Mayor Ferre: That is the problem, so we have to go by the list and I imagine they went by last year's list of taxpayers. Mr.Ber+nardie..: The only remaining objection here is that we will like, and I am president of the association so I representing 26 families. We would like, if it is possible to make sure that this only for governmental use, and that lot 46 is not changed into a commercial use, it remain a low density area because of parking and traffic in that area. If this is possible there is no objections as long as it remains low density, and is for governmental use. Thank you . Mr. Plummer: Mr. Mayor I see nothing wrong with this, they are expanding their facilities, I'll move Item 5, t. DEC 2- 1974 The following resolution was introduced by Commissioner Mr. Plummer who gloved its adoption: RESOLUTION NO. 74-1315 A RESOLUTION GRANTING APPROVAL, AS PER ORDINANCE NO. 6871, ARTICLE IV, SECTION 36, (1), FOR THE ENCLOSURE OF THE FIRST FLOOR AREA AT 3801 BISCAYNE BOULEVARD WITH A SIDE STREET SETBACK OF 2.4' ; AND LOT 46 TO BE DEVELOPED AS A PARKING, LOT IN. CONJUNCTION WITH THE ABOVE STRUCTURE SUBJECT TO ABOVE BUILDING TO BE USED FOR GOVERNMENTAL USE ONLY AND PLANNING DEPARTMENT APPROVAL OF DEVELOP • - MENT AND LANDSCAPE PLANS ON LOTS 40 THRU 46, MAGNOLIA PARK (5-25); ZONED C-1 (LOCAL COMMERCIAL) AND R-3 (LOW DENSITY MULTIPLE). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre 4• TENTATIVE PLAN #851-A-"LANDMAN'S FIRST" - NOES: None. REQUEST FOR VARIANCE TO PERMIT RESTAURANT-3400 S.W. 8 STREET DENIED BY MOTION Vice -Mayor Reboso stated he wished to abstain from voting on this item because he owned property in the vicinity. Mayor Ferre: Let the record show that Vice Mayor is abstaining because he has property within 300 ft. Mr. Alfredo Duran: Mr. Mayor and Commissioners we are here seeking a resolution granting a variance from Ordinance 6871 to permit a restaurant in building under construction at 3400 SW 8th Street. We are asking a waiver of 11 of 69 required off-street parking spaces for the entire project. This waiving of this requirement is in reality a technical aspect because if you would look at the plot there, ----we have been dealing with this problem, this is a 'Mom and Dad' restaurant operation. Mr. Martell of my office has been with the Planning Department on a number of occasions and the Planning Department and the Zoning Board has granted a conditional variance to that lot over there which is marked out with a cross. I think that is the lot I am talking about, either that one, or the one next to it, giving #t an addiitonal parking space. If we take this whole project in its totality, in fact we have an excess of parking spaces required, that is taking the whole project in this totality, the whole part penciled in yellow, if we look at this project what we are asking here today, is a variance of 11 parking spaces, but if in fact we take it together with a conditional use variance which was granted, to that other lot there which is part of the project, the whole project will have an excess of parking spaces, and I believe this plan which Mr. Martell has gone over with the Planning Department I would like to pass out to the commissioners if I am authorized to do so, so they can get a better idea of what we are talking about. There isn't a name on it yet, I don't think, it is not open yet, and it is not a big restaurant, we are talking about a cafeteria more than a restaurant, which has a capacity for 20 tables, not more than that, and it is going to be run 7 DEC 2-1974 and operated by husband and wife, which like I said before, not a big deal is a small cafeteria type restaurant and if this whole project is taken in its totality, We Will find that we do have an excess of the parking spaces that ate required. Mayor Ferret Mr. Duran let me ask you a questions. That building exists now doesn't it? Mr. Duran: ides, it does, The building now is a small shopping center with what used to be a motel, it is an L type thing. Mr.Plummer: Does this include the billiard parlor? Mr. Duran: No, I don't think so. Mr. Christie: The billiard parlor, Commissioner Plummer, is correct, faces 8th Street, it doesn't include it, it is the front part of 8th Street. Mr. Duran: ----in the general area, but not part of this property. Mr. Christie: The billiard parlor °faces 8th Street, this is right behind^it, you are right on the block, 34th and 8th, Mr. Duran: May I add, I made a mistake and said 20 tables, it is only 10 tables cafeteria, not 20 tables. Mr. Christie: Honorable men an lady of the commission, I would like to defer my argument just for one second to allow you to hear from the scientific branch of your city, the Planning Department, Mr. Acton, on this matter because it really is not as simple as all that. It is a very serious problem and if you will, I would like to hear from Mr. Acton first. Mr. Acton: Mr. Mayor and members of the Commission, this was a two part item before the Zoning Board, the Zoning Board did grant the conditional use request by the applicant on lots that fact 9th Street, however it must be noted this is a highly congested area in terms of traffic and we are of the opinion that the, with the additional parking, the granting of the waiver of off-street parking, would not be in the best accord of the community. Rev. Gibson: Mr. Acton, I want you to answer this, ---in the time I have served on this commission, I have never gone to any of the meetings until this item case up. I went because I was going to nominate a man for the Planning Board and I wanted to kind of get the feel, and I heard this argued. It really interests me to hear what was going on. Mr. Lloyd, I want to ask you this -----I need to put this on the table because I am going to be voting and you may get an idea. I heard them arguing in that meeting about unity of type, and I also see here, a building yet under construction. I am building a house, as you all know, I have told you that a thousand times, if once, and you know, that building isn't under construction, that building is built, then I want Mr Acton to answer, how are you going to face, all these answers you can give me, --how are you going to face parking for that motel. If I am at all in my right mind, I am sure that motel is built pretty close to the line. I would like for the department to also answer for me, you already have two restaurants in the same block, and that you have bakery there and I'd like to know if you are not going to junk up SW 8th Street, how are you going to face this problem, so answer the unity of title counsel first. Now, so the public and the commission could understand, the man who is applying doesn't own that property,he is a tenant, I heard that much in the hearing, and I am concerned when happens when he is no longer the tenant, so you answer all my problems at one time. Mr. Lloyd: Go ahead and answer on your unity of title. Mr. Duran: Yes, sir, we have complied with every requirement that the -----Mr. Martell from our office was together with he City Attorney and there was executed a covenant of title running with the land as long as a restaurant exists on that property, that property is tied up as a parking space. There is a covenant, legal covenant of title running with the land in recordable forts which the city has possession of I think at this point, and which is a recordable form, as long as that restaurant is in that area DEC 2- 1974 area there, that space has to be used for parking lots. A covenant of title is a legal binding document and it was made in full compliance with the requirements of the City Attorney's office. Rev. Gibson: I sit up here and you expect me to vote, I am going to protect the public if I know it, I heard rl terminology like this; from your department, 'this was the best we could get' I didn't understand that,-- --we are not worrying about the best we can get, we are concerned with, is it the right thing, is it legal. Maybe you need to ask your assistant how does he explain, this is the best we could get. This is no 'best' deal, if it is right, I am prepared to grant it, if it isn't right, I am against it. Mr Christie: May I interpose one thing, Theodore Gibson, Honorable Commissioner, in my opinion, it is 'not legal to grant this ordinance both in law and equity. In law as your planning advisory department has stated, there is no legal hardship, there is no legal hardship, I repeat. Whatever is involved here is a self-perpetuating hardship by the developer. Now, I went over there this week end to look at it, while 11 of 69 spaces doesn't sound like a lot, it is tremendous in this particular area. I have taken the liberty to bring to the commission photographs of pictures taken of the area to show you this is SW 8 and 34th, probably one of the most congested areas in the city of MIami. You have, ---it is a commercial area. You have a number of establishments that have a tremendous amount of cars in and out, --way in excess of the legal requirements because you cannot visibly have enough parking spaces. You have this night club there, the Warehouse, the Trio Dinner, all these restaurants, now where this pool area is that Commissioner Plummer alluded to, there is also another establishment right in front of this restaurant, a retail bakery, the Gaucho Restaurant, Barbaretta Grocery and the coffe Shop which have no parking. These 5 or 6 areas for establishments have no parking whatsoever, and they are in effect utilizing this other lot --lot 12 I believe it is, which they want as a non -conditional use. Let me tell you, that is illegal, the utilization of that lot as a non -conditional use for off-street parking flies in the face of your ordinance. Mr. Acton will back me if I am wrong, and why does it fly in the face of your ordinance, because they want it for excess parking, and you cannot utilize non -conforming use, --or conditional use, excuse me, for off-street parking, for excess parking. You can only use it for excess parking, they want to use it for primary parking because they watn a waiver of the original site. Do I make myself clear, they do not want to use it for primary parking. They want to use if as excess parking which is illegal. My colleagues say you take the total picture, -- the law says you don't, the law says if you are going to have commercial use you are going to have to parpare and have the right amount of parking spaces. YOu can't go across the street or around the corner in this case, and I'll get into it, I didn't want to get into that non -conditional use because really, it really doesn't make sense because on a primary park you don't have enough space. I'd like to show you these pictures. These pictures show, Mayor Ferre: As I understand the law, and I want you to clarify this Mr. Lloyd, --this matter was denied by the zoning board on a 5 to 1 vote now in order to pass here does it need all four votes or three out of four. Mr. Lloyd: No, three, a simple majority under our new ordinance. it has been changed your Honor from 4 to 3, a simple majority is all that is needed . Mayor Ferre: Yes, I understand. Mr. Christie: Even if the Planning Advisory Board recommended it, -- Mr, Lloyd: Yes, Judge, that has been changed. We had an amendment to the Charter by virtue of the new ordinance and that was changed. Mr. Plummer: Let me ask one question. You brought up a point that has to be clarified before we go any further. Mr. Lloyd, Mr. Christie has stated, that in his estimation, that the excess lot is illegal. If that is the case, ----- Mr. Christie: I did not the lot is illegal, I said you cannot use parking 9 DEC 2 -1974 in a conditional use lot for primary parking. You can only 'sse it for excess. Mr. Plummer: What I am getting at is, is that in the configuration, Dave. If that is in the configuration and his contention is right, then this application is wrong. Mr. Simpson: The variance if granted by this City Commission for 11 parking spaces would permit the restaurant to go in, they followed this with a conditional use application for the land which is shown up there, the equivalent of lot 12, for, conditional use, excess parking. Once the variance is granted then the conditional use if proper. This is the way the application came into our office . Mr.Plummer: Okay. Mr. Christie: That is why I brought it up. Mr. Plummer: That is backwards. Mr. Christie: When Mr. Duran says you have to look at the total picture, it is not quite that simple. There is no total picture unless you grant the variance of the 11 parking spaces which in face of what you have in my opinion is not right in law or in equity. Let me say that your: planning advisory Board and your zoning Board has requested the denial of it. As you can see from the pictures. The required parking spaces is just words, you really need not only to waive these 16 but to add 16 to every establishment that ever comes up between 50th or the beginning of City of Miami on 8th Street right down, because there is just not enough room . Let me tell you about this conditional use of the parking spaces, that is already being used. You have there some of my colleagues know, right across the street, El Greco restaurant which utilizes this place and other places around it, of course they have no parking. You have there a great many tenement houses who are now converting to condominiums and in the process there of, are utilizing even more space, and when the condominiums are converted you are going to have even more people living there than before. You have on SW 8 Street where Commissioner Plummer alluded to, all these other places that have no parking but utilizes this other parking lot that they want to have tied in. Let me just spend two minutes on this covenant ----- Rev. Gibson: Counsel, before you get to the covenant, deal with that Warehouse and deal with the Motel. Mr. Christie: The motel is an interesting problem there. As I gather is going to close down and not utilize, use it for office space, all I can say is, the motel sign is still up and as far as I can see , and I was there Friday, there is no construction being done on that. They took the shopping center and put it right in the middle of the hotel parking area. Let me tell you about this parking area, it just came to my mind, at the present time, when I walked around they had some dumpers or trash disposal units right in parking area, three of them, so actually they are not being utilized and this other lot they want to utilize is not even next to it. It is in the back of the lot, and you have to park in back and walk all around 33 Ave. or 34th to get into the restaurant which is not even facing the area. It really doesn't make much sense. The Warehouse, that Commissioner Gibson is alluding to is a night club that this City of Miami has had a lot of problems with. Just ask the police department. The real problem is the tremendous parking there. Hundreds of cars park there while it is open at night, and this restaurant is going to be open at night, that spill off from 36 right down to 33rd right past this and you will see why these wern't feigned pictures, there are hundreds of cars in that particular area. So certainly you cannot weigh parking lots here, it is just, —you are just killing the area, if you would. Let me talk to you about the covenant running with the land. It probably was the best they can do but it is not good enough, far from this Commission to accept it. Let me tell you about it, First of all, the copy I have and I assume it is the one Mr. Duran is alluding to, is signed by Solomon Landman -----Solomon Landman I assume is the owner, but I am not sure. You have to understand -------he is not the owner? Even if he is not the owner, he doesn't sign it. It is signed, it appears by his attorney -in-fact. That is all right, 10 DEC 2- 1974 his Attorney -in -fact signed it, but you and t don't know whether this fellow is an Attorney -in -fact. We don't have that document. That is just a technicality you might say. Let me go on a little further. In reading this, Mayor Ferre: Do you have to? Mr. Christie: Just one more, in reading it, it says that this lot which wants to be used illegally contrary to the ordinance, is parking . in conjunction with office and store complex, not with the restaurant. What they mean is there offices and stores right next tc that restaurant but that shows there is no control.. The office and store complexes which don't have enough now, and which really can't park there because it is far away, is the only thing that is controled here. Now, let me tell you the real tough one. This is a 10 year lease. You and I may not be here in 10 years. What happens in the llth year. What happens if there is breach between the parties then the lease is no good, it is not worth the paper it is written on. Mr. Duran: My learned opponent has made a number of statements here which are irrelevant to the issues before this Commission. To begin with I will show you a set of pictures very similar to the ones you have seen, showing completely or mostly the opposite, the pictures themselves are completely immaterial, they could and I am not saying they are, ----it depends a great deal when they are taken by whom are they taken, and for what purpose they are taken. They pictures would tend to show a completely different picture than those other ones do, so I am not saying that you should take any of the pictures as valid, I am just saying that they should not be viewed in this hearing, the pictures themselves are immaterial, but let me to a number of other points. First of all we do not represent the developers in this case. We repre- sent Mr. and Mrs. Perris who are trying to open a restaurant. Secondly, (and a small restaurant at that), ---the praking problems which counsel has referred to in this particular case are mostly created in that area by the objectors to this case. The objectors to this case are the people who are operating other restaurants in that area and they are, and it seems to me very funny that they do so, they are here objecting, due to parking problems when they themselves are the creators of those parking problems because I believe they were grandfathered in in a number of parking requirements - which they do not comply with today. Mayor Ferre: We have to open some bids so excuse me Mr. Duran for interrupting you. 5. RECEIVE SEALED BIDS- BAY CREST HIGHWAY IMPROVEMENT H-4373 The following resolution was introduced by Commissioner Gibson who moved its adoption: RESOLUTION NO. 74-1316 A RESOLUTION TO RECEIVE SEALED BIDS FOR CONSTRUCTION OF BAY CREST HIGHWAY IMPROVEMENT H-4373 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. OEC2-1974 44. Cb Bids were received from the following: The Lowell Company, Stone Paving Company, L.C. Morris Cc., Holland Paving Company, Marks Brothers Co. Not Inc., Bob Young, Inc. P.J. Cosntructors Inc. Troup Bros. and Dick Morton Inc. CONTINUED DISCUSSION - ITEM 4 DENIAL Mayor Ferre: All right, Mr. Duran, hack to you. Mr. Duran: In regard to the space that has presently the conditional use, counsel says it is now being used by El Greco etc. If that is the case, they are being used illegally because our client, and that particular project has a covenant, and has the property at his disposal. It is the same like I live in Coconut Grove and every Saturday and Sunday to use this park ten cars park in front of my house. They don't have a right to do that but they do it. Nevertheless in this particular case, if this varance is granted, we do have a covenant running with the land which is a legal instru- ment. The power of attorney the City Attorney has it, but even if the City Attorney would now come to us and say we do not accept the power of attorney the only reason we did it at that point is because Mr. who is the owner of the property was out of the country and he had left that power of attorney but he is here now, so we could execute that power of attorney by the owner in fee simple of that property. So most of the arguments, the question of the dumpers, the dumpers have particular space assigned to them that is shown here in the map which was approved as a working, functional plan by the Planning Department, and it has spaces designated for the dumpers so most of the arguments that have been presented here today are arguments which are really irrelevant to this particular issue. If a building in that corner over there has a parking problem that does not affect our project which in itself will have a surplus of parking problems. If that whole area there has a traffic problem, anybody that would examine that area would know that the reason that it does have it is because of a number of restaurants who do not now comply with the parking requirements who were grandfathered in at that time, so the thing that affect other establishments in that area does not affect the particular issue which is before you today, and that is the issue of my petition or the petition of my clients for a variance of 11 parking space out of the 69, with the thought in mind that with the grantiig of the conditional use for that additional lot, in fact that whole project, the only difference is that it is divided in the middle by a dividing line, but it is one problem, one particular project owned by one owner, with a covenant running with the land which says in fact that at any time that that particular lot is not available for a parking lot, then my client cannot have or operate a restaurant a small cafeteria there. Mayor Ferre: Thank you Mr. Duran. Mr. Christie: Just a few words to say that nowhere has Mr. Duran showed you where hardship exists in law as to the configuration of the property, your planning advisory department recommended against it, the zoning board overwhelmingly denied it, this is an area that should never, never, be granted to deny the right for pedestrians or anybody to park there, never waive parking in this area, it is overwhelmingly crowded and there is no reason for it. Mr. Duran: In conclusion Mr. Mayor and members of the Commission, I would like to point out one thing that we are not here representing the developers, we are not seeking a complete variance for a number of things that would require hardship from the aspect of the developer. We are here seeking to open a cafeteria, a small cafeteria for my client who do have a hardship in the fact they have spent a considerable amount of time and money, they have complied with every requirement that was put to them by the different departments of this City including the covenant running with the land, including a number of changes, including the additional parking space ----they have made a genuine effort to comply with each and every one of the requirements of this city for about three or four months they have been working on it. Thank you very much. 12 DEC `-197i Mr. Plummer: The point I was trying to get from the building department really, if they don't open as much seating they could comply and not need the waiver, ' if they didn't require all the seating they are asking for, they could take a reduction in the amount and still open. Mr. Duran, you did not speak at all. the approval you got from the lower Board, had a stipulation that there was no ingress and egress from SW 8th Street and all of the parking spaces were to be assigned to employees. Mr. Duran: The question of the egress and ingress to 8th Street -----what do you mean, of the additional lot? Mr.Plummer: I don't know, that is what I was trying to get at, it says here the applicant has revised the site and landscape plans including all the suggestions of the department including a wall. --- no, I am sorry, including ingress and egress from SW 8th Street, ---is that on the additional lot, Mr. Duran:----yes,---- Mr.PLummer;You would have then from lot 12, the cars would come all the way back over and go out through the primary site? Mr. Duran: Yes, they are connecting, all the lots are connecting, this is another thing that was brought out here, we are are not talking a lot that is a block away or in the corner. All the property is connecting property. This additional lot connects directly to this project as you can see here in the plan that I passed around a little while ago. Mr. Plummer: On thing I think this Board has found over a period of time, we have not been very successful in restricting any lot to employees. It just doesn't work. Mayor Ferre: I think it is time to get on with the voting. , Rev. Gibson: I am going to make this motion in full recognition that I think the city ought to live up to its moral responsibilities in zoning. When there is a hardship it ought to be shown, and the restaurant is not there, this is a self imposed hardship, and I think out of fairness to this city so we don't continue to junk up the city I am going to offer a motion that we deny, upholding the Planning Board's decision. Mayor Ferre: There is a motion to uphold the Zoning Board's recommendation of denial of variance, is there a second? The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 74-1317 A MOTION TO DENY VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XIII, SECTION 4 (24) TO PERMIT RESTAURANT IN BUILDING UNDER CONSTRUCTION AT 3400 SW 8TH STREET, TENTATIVE PLAT $851-A "LANDMAN'S FIRST", WITH 1608 SW FT. OF AREA; WAIVING 11 OF 69 REQUIRED OFF-STREET PARKING SPACES REQUIRED FOR ENTIRE PROJECT; ZONED C-4 (GENERAL COMMERCIAL) Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. J itt :j. 7. PORTION OFRLRA t4fL ' O TREOWARIR 3 (6-to 117) 51 N.W. 51sT PLACE "BRIEF AISCUSSION AND DEFERRAL Mayor Ferre: Are the applicants for this item here, Eladio Padilla,- Mr. Padilla: Mrs. Padilla stated he did not speak English. Mayor Ferre: Mr. Andrews we need someone to translate for this gentleman. Mr. Plummer: The Vice -Mayor just told me, he is here representing his son. Mayor Ferre:That is right. Mr. Plummer: That is illegal, he cannot do it, according to State law only an attorney can represent the owner. Mayor Ferre: There is a motion for deferral, and a second. The following motion was introduced by Commissioner Reboso, who moved its adoption: A MOTION TO DEFER REQUEST FOR CHANGE OF ZONING OF A PORTION OF LOT 17, TWELFTH STREET ACRES PLAN 3 LOCATED AT 51 N.W. 51TH PLACE FROM R-2 TO R-4 Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. •o- CLOSURE OF ALLEY —BETWEEN N.W. 22ND & 23RD STREETS AND MIAMI H. COURT AND N,W, FIRST AVENUE to Pe JOHNSON AND WADDELL'S RESUB (6--68). TENTATIVE PLAT 902 "SALAR" Colonel Norris: I am Colonel Norris of the Salvation Army, and Mr. Garris our engineer, petitioning the Commission to close the alley at 2236 N.W. Miami Court. It will enable us to better operate our work there and rehabilitation of alcoholics. The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 74-1318 A RESOLUTION OFFICIALLY VACATING AND CLOSING THE N/S ALLEY IN BLOCK 2, JOHNSON AND WADDELL'S RESUB (6-68), LOCATED BETWEEN N.W. 22ND AND 23RD STREETS BETWEEN MIAMI COURT AND N.W. 1ST AVENUE, IN CONJUNCTION WITH TENTATIVE PLAT #902 - "SALAR" (Here follows body of resolution, omitted here file in the City Clerk's office.). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: ,Commissioner J. L. Plummer Commissioner Rose Cordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. DISCUSSION ITEMS: (1) SALVATION ARMY USE OF PROPERTY 9, Mr. P1 Salvation Army being that you Avenue. (2) DRUNK FARMS AND ASKING SALVATION ARMY TO AID IN THESE EFFORTS : Mr. Mayor while the gentleman is here from the I' want to make two points to you sir, the first one have a facility existing at S.W. 1st Street and 14th: Colonel Norris: Yes,----- Mr. Plummer: I. am going to ask the City Attorney or the administration ----at the time that that was granted, it was so stated that it was not going to be used for sleeping facilities. I want you to research that and make sure. We were told at the time that this facility might only be used for visiting dignitaries of the Salvation Army, but in.fact it was not supposed to be used for a general sleeping facility. My office is one block away, and from what I have seen recently I am a little upset about it. I want you to know we are going to explore that. Mr. Mayor I'd like for you to hear the othr point I am going to take to the Salvation Army. After the first of the year, it is my intention and I have been discussing with the City Manager, Maybe not in its entirety, the concept that the late Jack Orr proposed, but I think it is something that we must take a step in the direction of, and there was a lot of jest and humor made about it but I think it has some fine points and I think it is something this city must, sooner the better, address itself to. And 1 say that with you being here, because I am hopeful that you, amoung other groups will join in, Mayor Orr proposed a 'drunk farm', that was the terminology. I didn't like the terminology, but after the first of the year, with the City Manager's help and hopefully this commission, I plan on putting something together to where we can have a facility, rather than taking these derelicts, or wineo's or what- ever you want tocall them, the street people downtown, I see the frustration of the police deppartment. They put a man in jail, and in three hours he is back out on the street. Jack Orr's proposal as far as I am concerned had merit. This was a facility that they could take these people to, in fact give them three or four ounces of alcohol every day, but give them .1 place with a roof over their head, some kind of occupational therapy, such as farming or something of that nature is concerned. I think the city has to address the jails are not the auswer. I ail not saylag 1 agiee with i.iiat C:oacept. in its entirety, but I want you to know I hope the Salvation Army after the first of the year will join with this city in some kind of proposal to address itself to what is'one of the big problems of downtown Miami, so I am giving you that for what it Is worth. Colonel Norris:I will be glad to talk with our man, Maj. Mobarger who is responsible for this type of service. Mr. Plummer: You tell him after the first of the year we will be itt touch. STREET CLOSURE- N,W, 21ST TERRACE BETWEEN N.W. 12TU g 13 AVF.. 10, TENTATIVE PLAT O17 - "TAV I 1 LA" Mayor Ferre: Let's take up item No. 10, Street closure N.W. 21 Torr. between N.W. 12 and 13th Avenues. Mr. Plummer: Any objections? 15 The following resolution was introduced by Commissioner Plummer who :roved its adoption: RESOLUTION NO. 74-1319 A RESOLUTION OFFICIAL VACATING AND CLOSING N.W. 21ST TERRACE BETWEEN N.W. 12TH AND 13TH AVENUES, IN ACCORDANCE WITH TENTATIVE PLAT #i917 - "TAVILLA" (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. ORDINANCE AMENDMENT - SPD-2 COCONUT GROVE SPECIAL OVERLAY DIST, N 11, ORDINANCE AMENDMENT - R-CC DISTRICT w DISCUSSION AND DEFERRAL OF ITEMS iz. Mr. Acton: Item 11 and 12 on your agenda for today, are both an outgrowth of the Coconut Grov e Planning Study which the commission approved in principle a few months ago. Item 11 entitled SPD -2 Coconut Grove Spec. overlay dist. pertains to that section of the Planning Study which is outlined on page 25 and is concerned with the need to basically regulate the buildings in Coconut Grove, especially along Bayshore Drive, along 27th Avenue and along Dixie Highway. As the Commission recalls the SPD enabling ordinance can be used in a number of ways. One of the ways it is being used, is as an over -lay district which in effect modifies to the extent being desirable, those existing zoning regulations which do exist in various parts of the City of Miami , we are using this technique in Coconut Grove, along Bayshore, along 27th Avenue, along Dixie Highway to modify the heights of buildings, preserve the low -intensity character of Coconut Grove. Again I am going to refer to the Coconut Grove Study for the record I will refresh the Commission's memory with some quotes from the study itself, page 25 it says, 'provide building heights limits, site plan re- group procedures, design guide lines for critical development area along Dixie Highway, 27th Avenue, Bayshore Drive, Grand Ave. and Douglas Road. Just as Main Highway and Bayshore Drive serve to bind together the unique environment of Coconut Grove so too is it equally important that other major roadways re- flect and reinforce the substantial environmental character, by providing reasonable heights limits, sight plan review, in guidelines for new development along 27th Avenue, Bayshore Drive and Douglas Road, efforts can be directed toward assuring that these major roadways will also contribute to, rather than detract from, the urban scene of which they are a part. This overlay district is applying to the major entrances to Coconut Grove. Mrs. Gordon: We already in principle accepted that report and it is in there -why are you doing this now. Mr. Acton: I wanted to refresh the Commission's memory. Mrs. Gordon: Why are we doing this again? Is this an implementation of that report? Since this is an implementation of that report, this is a public hearing on it, have all the people concerned with it been notified? Mr. Acton: It has been publicly advertised. The affected property owners have not been notifed. Mrs. Gordon: Why not? Mr.Acton: The Commission today is going to enact the ordinance that will 16 DEC 2 _ 1974 be applied at a later date to the properties in Coconut Grove that are intended to be applied. Mrs. Gordon: 1 don't understand it, --its the people who are concerned whose property is involved and not been notified, I don't think that is proper. Mr. Acton:It is not the application of the district to the properties. This is the enactment of the legislation that will be applied at a later date to the property. Mrs. Gordon: This is an overlay of anything in general. They are not specifically to the arterials you just outlined. Mr. Acton: What I am saying is this is the enactment of the ordinance that we will apply, as overlay. Mrs. Gordon: I see, not specifically to those particular ones you just read from the bood, Mr. Acton: The Commission does have before today the actual application of the zoning district ordinance to the properties. Mrs. Gordon: I understand, this is just an enabling type of ordinance. Mr. Acton: Right, this is the creation of the ordinance which --- Mrs. Gordon: will then enable us later to apply it to specific areas? Mr. Acton; Correct, Mrs. Gordon:_--- you read from that and you read specific locations and I wanted you to know that when the time comes for those specific locations I want those property owners to be here to speak for themselves. Mr. Acton: I say they will, each property owner will be notified. At the time that this applies, Mrs. Gordon: All right, Mr. Acton: --so Item 11 is the application of the overlay district for those area, and basically it sets forth three major elements, sight and development plan review, design review standards, trying to give future developers of those properties, guidelines as to what, or how the property should be developed so it is compatible with the overall Coconut Grove environment. They are guidelines they are not rigid standards, just trying to tell them what the community desires in terms of development for Coconut Grove, and the 3rd major element is the height restrictions that would apply along 27th Avenue Bayshore, Douglas etc. Mrs. Gordon: Which is the 3rd, Mr. Acton: Height, - Mr. Plummer: Personally I don't think you are going to hold up in court. Mr. Acton: Can you explain that comment Mr. Plummer. MR. PLummer: When you go down here and a man has bought a piece of property, that is R-5 and under today's code he is allowed to build a certain height, and tomorrow you tell him he can't do, to me is confiscation without compensation. Mr. Acton: No, sir, this is no more than a rolling back. Those portions of the existing zoning district ordinance which were not in accord with the proposed development for the entire Coconut Grove Community, Mr. Plummer: George, have you got buildings higher than what you are proposing now? 1i Mr. Acton: Yes, --- Mr. Plummer:I made my point, the courts are going to make you or I wrong, Isaid to you, the courts are not going to allow this severe roll -back you are proposing, and the first one takes it to court, we are going to find out who is right. Mr. Acton: All right, Mrs. Gordon: George to refresh our memory, as to what is in the report, with restrictions on height, were you also restricting or lowering the floor area ratio? Mr. Acton: NO, ------ Mrs. Gordon:What report's thinking is, or more lot coverage, except by height. you are really saying is, that you are thinking or the and we accepted it in principle, that we have :tore sprawl if we are not restricting the intensity of the development Mr. Acton: Right, Mr. Plummer: You are not giving any more floor area ratio? Mr. Acton: A good example Mr. Plummer would be the office in the Grove right across the street, which is 10 stories high, which is our porposed restriction on height. It is true that Yacht Harbor is 17 or 18,--- Mr. Plummer: Right,--- Mr. Acton: But what I am saying is, that the difference pertaining to Commissioner Gordon's comments is evident in those two buildings because obviously the Office in the Grove is a smaller more compact building which does occupy more bulk visually as opposed to Yacht Harbor which is much taller and much more slender. Mr. Plummer: But you are not compensating by giving them more floor area ratio by the reduction of the height . Mr. Acton: They have the same floor area ratio, they have all of the other provisions in the zoning ordinance as they are today. Mr. Plummer: ---as they are today, before you cut down the height regulations, Mr. Acton: That is right, we are not restricting it whatsoever, ---- Mr. Plummer: Yes, you are restricting them, --- Mrs. Gordon: They have to go out, not up, ---- Mr. Plummer: They can't Rose, that is the point, with the setbacks and everything else, you can't make the floor area ratio more ----- Mr. Acton:I am telling you Commissioner Plummer, Office in the Grove is 10 stories high, that was granted a variance, a floor area ratio of 1.485 now, they met all of the other regulations on site, so we are not taking anything away from those properby owners, all we are telling them is to be compatible with the overall scale that we deem desirable for the Grove that they cannot build sore than 10 stories in height. Mr. Plummer: But still you are restricting them by setbacks Mr. Acton: No, sir, ---- Mr. Plummer: 0, sure you are,----- 18 DEC 2 ..1971 Mr. Pluader: George, a piece of property today, let's use one in qu etion, the one that is between the two buildings. Before this goes in, he Can build just about double that what he can build when this goes into affect? Mr. Acton: Only in height. ------ Mt. Plummer: Whatever it is, George, Mr. Acton: What I am saying is, the criteria is floor area ratio, what I am telling the commission is, the R-C zoning allows a floor area ratio of 1.5 site. Mr. Plummer: I am well aware of that. Mr. Acton: there is no reason why they cannot meet that restriction on Mr. PLumimer: Because of financing. Mr. Acton: If you recall the Commission did grant variances to two projects along Bayshore Drive. One was the Sokolsky project or Coconut Grove Hotel the other was the office in the Grove. Mrs. Gordon: That was no variance in regard to height. Mr. Acton: No, only floor area ratio. Mayor Ferre: You are building in a system where the people are going to be forced to come in for variances. Mr.Plummer: Exactly, ------ Mrs. Gordon:George, answer this, how are you going to preserve the natural amenities of the trees, and foliage, --we are literally saying, I'm not arguing the report, just principle, literally saying that we are proposing that we have more lot coverage, rather than Blinder, taller, narrower buildings. In principle that is what we are saying in these districts that we are proposing to restrict the height but not the floor area ratio. Mayor Ferre: You know what is happening Rose, we keep saying all the time that we are kidding the public, and kidding ourselves. We keep saying we want to eat our cake and want to keep it too, and these things are just full of that. Mrs. Gordon: A lot of this started Maurice because we want to keep a unique lowitrtse village, commercial district. As an off -shoot of that, this is part of it, right? Mrs. Gordon: But we accepted a report in principle, and now we are going into to specifics, what we are really doing is going into an enabling kind of ordinances, that you can apply to specific areas. That is just about it, Mr. Mayor, and Jack Luft you worked on this, this is one you have been in close touch with, I would like to hear from you on that one point. How are we going to preserve the trees and the natural foliage if we are going to restrict height, but permit lot coverage. Mr. Acton: Before he speaks I want to bring up one point before the Commission, that is Yacht Harbor. This building will be around 17 stories but you look at the excavation that has been done, below grade to accomodate the parking structure, although the tower is Blinder, the pedestal or the base of the building itself erodes away all the existing landscape at ground level just to accommodate the parking structure, so I raise this point only for the Commission's consideration in terms of how building height restriction refer to the preservation of foilage on the site. Most of your buildings that are built say in the Brickell area, -- Mayor Ferre: What you are really saying is density, right, because that is what it boils down to eventually, it is density. The more density you have then the more propensity either to go high or destroy the foilage or both. And what you are basically saying is, you are finding limitations that are really not always apparent because it is a series of superimposed requirements, you have to really study and think about, b,.t the effect in the long run is to lower the density. That is whet Plummer is really saying, when you say you can go up high 19 DEC .' 4/ .F and yes you can do this, but the set backs are such and you can't and you can't do this or that, you are really going to limit what the property. In way, what we are doing is rolling back, it is the form of have no objections on that. touch the trees, you can do on a roll -back. I Mr. Luft: To Commissioner Gordon, yes we were concerned wieh protecting the environment of Coconut Grove, but with regard to the Bayfront area, it is generally conceded that between Aviation and Sailboat Bay, that area, which is the high-rise portion, and as George pointed out, we expect any kind of development in there to generally consume whatever limited characteristics there are on that site, so we are not really looking to protect the existing vegetation of that stretch that is now presently zoned R-C with a small exception around Cornelia and Greenwood. That is the only site that has any natural site amenities. Really what we are concerned about in that R-C section on Bayshore Drive is the scale relationships that are emerging between the high-rise development, the village center and the low density area across from it, and the general over-all traditional concept of Coconut Grove and the height of buildings we will have here, so we are responding more to the scale issue than we were to an environmental issue with regard to that one particular area. Mrs. Gordon: --the commercial area which is what we want, ---- Mr. Luft----right, with regards to whether or not this ten story limit is reasonable. The permitted lot coverage in that R-C-zone is about 15 to 18 percent for a building of that height, ten stories, hundred feet. So what we're talking about with the Coconut Grove Hotel or Yacht Harbor is a lot coverage of maybe 8-10% so the difference here is maybe 5,6,7,8%. It is not a lot when we're talking about preserving the natural site amenites. With the 10 story building and FAR of 1.5 we're talking about a lot coverage of 15%. Now that's not a great deal, it really isn't and it's not a great deal more than a lot coverage that we would gain by say, going to a twenty story building or say halving that, 7 or 8%. So we're talking about a very fre pergentage points in lot coverage when we're talking about restricting height. 20 Mre. Gordon: Ok, I understand your point. You're clarifying it. Mt. Luft: SO under the lot coverage basis and under the FAR we think it is eminently reasonable to expect Mts. Gordon: You're not chancing lot coverage or Floor Area Ratio. Mr. Luft: No. ....to be able to build their presently permitted FAR of 1.5 up to that lot coverage of 15% which would be a 10 story building. Mrs. Gordon: If I'm correct, we have in our ordinances a condition where var- iances are legal, there is a legal hardship for the preservation of a tree or unique foliage. Is that correct? Mr. Luft: That is correct. • Mrs. Gordon: Would that permit that kind of a variance to ire utilized in an additional floor or whatever in a building? Mr. Luft: We did this on Mary Street, if you'll recall Mr. Antoniades.... Mrs. Gordon: And that is a legal hardship. Mr. Luft: ...had a building there that he wanted to go two extra stories to save a large oak tree in the back of the yard and we pointed out that that was a hardship. Mrs. Gordon: Ok, you've clarified my concerns. Thank you. Mr. Luft: These things balance out. The 10 story is not unduly restricted in this particular location. Fifteen percent is not a lot of coverage. Mrs. Gordon: I understand. Thank you. Mr. Plummer: Really, it isn't a question, it is just a statement. Look, you know everything, and George, you'd better be prepared; that there is a uniqueness to Coconut Grove but there is a uniqueness to the City of Miami and I guarantee you that if you asked every citizen of this City did they want low density they would say yes. Ok? Now look, I should shut my mouth because I live in Coconut Grove, sit back and say Ok, buddy, we're not going to let you build any- thing over two or three stories. But let me tell you something. When a man spends his good money to buy a piece of property he buys it with rights and the same way I bought my home. And I'm telling you that when you take away those rights for which he purchased somebody is going to have to compensate him. Well you say no but the courts have said George ain't right. Now that's the only thing I'm saying. We're not talking about just Coconut Grove. We would like to see this whole thing in the City of Miami. Mayor Ferre: I don't agree with that. Mr. Plummer: Well, I'm just saying, you ask the people and they will tell you they want it for the entire city. All I :gee is one more layer of saying to a man - don't build in Miami, don't build in Coconut Grove. Mayor Ferre: Now you've got me going on my little three minute speech. I'll tell you I spent a few days in Moscow with their Planning Department. It is very interesting. Moscow, of course, because it is a dictatorship in Soviet Russia they don't care what people think they just go out and - it's a planner's paradise, George; and as a matter of fact I met a lot of guys like you fellows like you and Jack and Reg It is a planner's paradise and you know and in a way they do it much better than we do because they don't have to worry about what people think. They just go out and do it and it really is well thought out but one of the things that is the whole key; and I went up on this 1500 foot television tower and you can really look around and you see how Moscow is laid out and what it is, the plan of it is it is a core city which is the Kremlin and because of historical value, of course, they haven't touched it and it is all low rise. Then from there you get spokes and it goes out twenty miles into the countryside. This is a city of 9,000,000 people. It is like New York City so it is no small town. And what happens is that they have rapid transit that goes out like spokes from a wheel from a core and along the rapid transit routes they have high density at certain points and then they have a lot of green areas so that you have very tall buildings and then you have a farm right in between these two tall buildings or a park or a recreational area. And of course, it 21 works out very very well. It is an uncluttered major city completely different from Tokyo or New York or even a place like London. The point is that you can not have your cake and eat it too unless; in other words you cannot have rapid transit in Dade County to one acne estates. Practically, economically it does not work. I disagree with Plummer's statement in this sense that if you're going to have low rise communities in Coconut Grove or in some other places then you have to have concentrations of density in other areas whether it be Coral Gables or Miami Beach at certain points or the downtown area. But somewhere you've got to let this community grow vertically. Mr. Plummer: You know, Mr. Mayor, what you say is well and good except what you're not saying is this besides Henry Kessinger coming here and being and objector for Russia: The point you're not saying is it's like progress - everybody wants progress as long as it doesn't step on their toes. Now what I'm trying to say in rebuttal to what you have just said, that's fine but where are you going to put the highrise? We're right now, this Commission has under con- sideration not the expansion of high rise somewhere else but the only C-3 is downtown and we're talking about reducing that and we're talking about reducing everywhere else. Now I'm not opposed to reducing. I am only speaking to a man's rights. That's what I'm speaking to. Mayor Ferre: I understand your point and I agree with it. Mr. Plummer: Everybody says fine, let's don't put the highrise here let's put it over here. But you see, you're not listening to those people over here who say oh no, we don't want the high rise. Put it in Coconut Grove. The people in the northeast, they don't want the highrise either. Now you're proposing to put it on Miami Beach. Mayor Ferre: No, I didn't say that. I'm saying I'm not proposing anything. All I'm saying is that if you by planning government pressures areas down normally somewhere it is going to come up because you cannot render the kinds and quality of services that we're looking for unless you have a concentration of density somewhere because the best way to render fire service, police service and all the other governmental services the most efficient, the most economical way, the least expensive way is when you have vertical communities. So what I'm saying is that a planner's paradise is when you can both maintain green open space and vertical areas and it is no different; let me tell you, Ben Novack once tole me, and you can say anything you want about Ben Novack but one thing he does know is hotels. That guy knows more about hotels, and I'm in the hotel business so I know. And I'll tell you he knows more from a practical point of view than anybody else I've ever met. He says that there is no way, that in the future hotels can only be built vertically because it is the best and quickest and cheapest way to render a service if instead of walking 500 feet you walk 100 feet and get into an elevator and go up. In other words you've got to mechanize and that's the simplest way and I think cities are the same way. So the point is this: It is not how you stack people, it is. not how many you stack up but it's how you stack them. In other words I would much rather live in a community, for example, that is very well planned and that has major beautiful parks and has more green space in between tall buildings than to have all of that green space covered by buildings. Mr. Plummer: All right. The only thing I ask the question is where is the vertical that is going up? Mrs. Gordon: May I just say, we're all talking philosophy right now. We're not talking to the issue the issue that is before us, really. But there are ways of having the kinds of development and still have open space and that is a vehicle that we don't have here as I know of here in this community and that is the trans- fer of development rights whereby a high rise - you know what I'm talking about, George Acton. Your wrinkling your brow makes me think you don't know what I'm talking about but I know you do. The transfer of development rights from one property to another within an area, a typical example I would have to allude to would be the one where the little park was donated to the City and the development rights were removed from it but we granted an extra story on the building across the street. Now that was really an example of a transfer of development rights. Isn't that right, Mr. Acton? Mr. Acton: That is correct. Mrs. Gordon: Ok. Well with regard to the application or rather the item before us I think it is an enabling ordinance and it is not specifically, we're not acting upon any particular property. We're enacting an ordinance that we can apply to areas. Correct? 22 Mr. Acton: That's correct. Mrs. Gordon: Therefore, with that in mind, I'll move it. Mayor Ferre: All right, there is a motion. I might just mention so that we don't have any illusions; you kno!i, enabling, sometimes we pass these enabling things and we say "well, it realhr doesn't matter at this point because all this is is an enabling act and we're n't really talking to anybody's rights right now"but you know just as well as I do... Let me tell you Rose, and I'm not say- ing this in any form of criticism to anybody here, but let me tell you that I had my representative when I was not on this Commission come down here to object to the changes from my hoarse was R-1 and it was changed from R-5A and I came down here to object to it. And I have the record which I used, I quoted right from the statement that you made. You said, and not only you but everybody on this Com- mission I think Rev. Graham and everybody was talking about this and they said, you said specifically "The changing of zoning does nct mean that your taxes are going to go up". And is that right? You asked somebody and everybody agreed to that. And then when you voted your exact words is "I will vote for this change of zoning based on the premise that I understand that because someone who is liv- ing," you didn't mention my name, you said "anyone who is living in an R-1 area right now in a single home, their taxes will not go up based on this change in zoning and therefore I vote yes." were your words Mrs. Gordon: I would like to see a copy of that because I'm not a tax assessor and I would like to know when I made a statement as firm as that. Do you have a copy of it? I would like to have it. Mayor Ferre: Yes. I'll give it to you because I quoted you last week at the County Commission, I mean I quoted your exact words and that's Mrs. Gordon: Maybe qualified it should not. Mayor Ferre: Well, when you voted you qualified your vote bised on that premise that.... Mrs. Gordon: It should not. Mayor Ferre: And you qualified your vote that way. Now the point is that that very same year my taxes doubled. No, I'm not saying that it was because of your vote, I'm just saying... A11 I'm saying is let's not kid ourselves, enabling acts have strong implications. Let's not say that this is just an inoccuous thing that the implication of it you know it really doesn't mean anything because it doesn't, we're not putting anything into affect. The truth of the matter is that it has a devastating affect. So let's not kid ourselves about it, what we're voting on. Mr. Plummer: Well, I'll vote for this but when it goes to be applied to a cer- tain area I think I'm going to have some different thoughts. Mayor Ferre: A11 I'm saying J.L., is that you're going to have a difficult time once you enable, once you pass enabling legislation applying it to one person and not to another. Mrs. Gordon: We're really not going to do it with persons we're going to go to areas perse. We're not going to say this one yes, this one no. Mayor Ferre: You're dealing with people, you're dealing with the rights and I think Plummer has a, and I have to completely agree with him that people do have rights and when they buy a property they buy it with certain rights which I know that there has been a lot of constitutional rumblings and changing as to the rights of property and what they mean but I think nevertheless, the constitution of the United States, and I know that the Supreme 'Court has to interpret it for us says that the man has a right to his property.... Mrs. Gordon: I'm going to dispute that totally and I'm going to tll you why. You're entitled to your property but you do not own zoning. Zoning is the police power of a governmental agency and under our police power we do what is best for the community and so therefore, buying a piece of property, a man relying upon whatever zoning it may have at that time is taking his buyers risk and he cannot be assured that the governmental agencies will not see a need for a rollback or a roll up either way because let's face it, how many R-1 properties have been changed to something which has enhanced people financially but at the same time with the interest of the community to change the zoning from something less to 23 something more? In those cases Ihaven't seen any contributions to the City's tax rolls just based upon oR, rnp_ zoning has been changed. But there has been discussion and as long as we're on the subject about this kind of banking of funds from rolling up or rolling back so that there might be compensation where there is a roll back to a lesser zoning use and that monies be contributed to this banking, this trustfund from people who received higher zonings tha they can do more with or more liberal than what they bought it at. So I mean there is a lot of philosophy in all of this. We're not facing that now and this is enabling and I nave this. Mayor ?erre: There is a motion.: Is there a second on thid enabling act? (pause) You can talk all the philosophy you want but I'll tell you it is not quite that clear cut and that easy and there are a lot of important things in- volved. You take a man who bought a piece of property who has worked hard all his life for that right and he buys a piece of property and then all of a su,den you tell him that what he bought for $10 is now going to be worth $3. This isn't easy for him to swallow and I, and as Plummer said, it is alright as long as somdbody else's ox is being gored but until your ox gets gored; it is still nice to watch everybody else's ox being gored until it comes to you and then you're not so happy. It is real easy to watch somebody else's property be cut down. Well ok, we have a motion. Is there a second? Rose Gordon is making a motion for item 11. Is there a second to the motion? Is there a second? Mrs. Gordon: I call your attention to the Planning Advisory Board. The Planning Advisory Board by a 7 to 0 vote recommended this amendment to the Comprehensive Zoning Ordinance that the Planning Department also recommended approval and it was based upon their studies that this is before us at this time. Now if we don't accept our board and our professional staff's recommendations then we'd better get rid of them right away and decide that we're experts in the field. Maurice, let me say what I think. Mayor Ferre: Mrs. Gordon, I tell you that's your opinion and I completely dis- agree with that. Now this Commission including you have disagreed with Zoning Boards and Planning Boards before. Mrs. Gordon: On very rare occasions do I disagree with the professional staff because I feel that they have the expertise and the knowledge. I don't attribute the same expertise and knowledge to the Board but on the other hand they are there trying to do a good job and they are in, most cases listening.carefully to the pro- fessionals when they make their determination. I mean you all decide right now because this is a first step in a series of steps upgrading the City of Miami and if we're not going to take the first step I see no reason to put any more items on the agenda for second or third steps. Rev. Gibson: Mr. Mayor, you said that, no, J.L. says that if we are going to be denying people their rights then somebody takes us to court Well if that is the route we must go to certify whether or not we're in business or not in business maybe the quicker we get it done the better. I'm going to second the motion so that the issue comes ahead. Mr. Plummer: Speaking to the motion, Mr. Mayor, I'm going to have to vote in the negative and the reason I'm going to vote in opposition to the motion is because it has not been shown to this Commission at this present time where this enabling ordinance will apply, how much property will be affected, nor will this enabling ordinance nor this new classification which are proposed here be used anywhere other than Coconut Grove. So until I see where these applications are going to be pinpointed I will not vote affirmatively and I've got to see how much property is involved, where it is involved and why it is involved. Mrs. Gordon: May I speak to the motion, Mr. Mayor? On discussion on the motion then and I'm directing it to you, J.L. because you have had experience on the Zoning and Planning Board and you fully understand what is before us, I know. Mr. Plummer: Correct. Mrs. Gordon: You know that any location that this ordinance will be applied to will have to come before this board on an individual location basis. If you're discussing Bayshore Drive or if you're discussing Grand Avenue or whatever avenue it will have to come before this board and be considered for that location and if this Commission does not want to grant this overlay zoning or this which is called Coconut Grove special overlay district to that particular location then we won't do it but meanwhile we must have this enabling legislation in order to even con- sider any location. Is that correct, Mr. Acton? 24 Mr. Acton That is correct but I did in my original comMentt to the Commission where I had recited those portions of the Planning Study for Coconut Grove point out those areas where we anticipate applying this district. I have stated that they'll be applied to the major entrance ways and corridors itt Coconut Grove.... Mayor Perre: Which is the area that you have marked out in black there, or blue. Mr. Acton: Bayahore, 27th Avenue, yest along Dixie Highway, Douglas Avenue, Grand Avenue.... Mrs. Gordon: By the enactment of this enabling ordinance we are not at this time applying this ordinance to those areas. Mr. Acton: Absolutely not. You're only following the recommendations that were outlined and accepted in principal by this Commission in the Planning Study for Coconut Grove. In other words the extensive public discussion on all of these elements before this Commission. Mr. Plummer: All right, what you're telling me is then this is only a designated area where this could apply. Mr. Acton: Yes, we anticipate applying it... Mr. Plummer: No, not anticipating.... Well I'm listening to what he has to say. Mayor Ferre: Excuse the interruption but I want to say that this is exactly the same thing, George as what happened to me and my property on Stickel' Avenue. You see, you went and you said you're going to put R-1 and R-5A and you said it is not going to happen. But 5 years went by and it did happen. See? All I'm saying is this is fine but you know just as well as I do that once you pass an enabling act like this that the pressure is then on and that you're going to be persuing this and let's not kid ourselves about it, what we're doing. That is my only point. I don't want anybody to go under illusions of what they are or are not doing. Once you pass this this is what is going to happen. There is a vehicle in which you can stop it if the Commission so wishes at that point. Mr. Acton: There are actually two ways to process this type of application of zoning to a particular area in the City. What I'm saying is that you could take at this level, at the Planning Advisory Board level, take the ordinance first and the application second at the same time in the same meeting in the same manner that the Commission persued the zoning application to Claughton Island where we had the SPD-1 zoning and the application of that zoning after enacting the ordin- ance. Mayor Ferre: That, I think is the way to go. Mr. Acton: A11 right. I say this only to let the Commission have the prerogative if they so desire of deferring these two items and we'll bring the other, the pro- posed application before the Planning Advisory Board, bring it to the Commission so that you can hear both of them at the same time. In that way you will hear from both the objectors and the proponents during the public hearing. Mrs. Gordon: Isn't this the first reading? Mr. Acton: Yes. Mrs. Gordon: Doesn't this require a second reading? Mr. Acton: Yes. Mrs. Gordon: Well, can you arrange for the second reading to be simultaneous? Mr. Acton: The application has not been processed before the Planning Advisory Board. Mrs. Gordon: The second reading on this doesn't necessarily have... Mt. Acton: That's right, you could just defer the second reading until such time as the application comes before the Commission. Am I correct on this, Mr. Lloyd? Mr. Lloyd: Yes, you can make the second reading any time you want to within reasonable limits. Mayor Ferre: Yes, but that is like moving with your left foot and then mov- ing your right foot and then you move with your left foot again.. You know obviously if we pass this on first reading the implication is very clear. If you want to do this in a way that you give those property owners the right to come up and protest or ask for their; I think the only way to do this is to do both of them at the same time. Is that right, Mr. Lloyd? Mr. Lloyd: That would be the preferred method. Mayor Ferre: Now I'm going to say just so that there is no misunderstanding of my position on the record that I am for this particular item and I will at the appropriate time, as I see it unless I'm convinced otherwise, I would vote for both item 11 and 12. But I think that what is at stake here is the rights of property owners and I think we have to tread very very lightly and with a great deal of consideration and understanding to people. NOTE: after further disdussion a motion to defer items 11 and 12 was intro- duced by Mrs. Gordon, seconded by Rev. Gibson and passed Lind adopted unanimously. LATER: Mayor Ferre: Mr. Luft, let me because people here wonder off and we don't get... Mr. Luft has requested the right to address us on items 11 and 12 and I recognize him because he wants to tell us something. So that is what he is telling us. Mr. Luft: At that time at these meetings, major community meetings, one meeting we had over 500 people at it was c.:xplained very directly that we simply did not feel it was proper to be unduly restrictive with regards to these height controls because in fact the four story or six story or eight story limit would suppress the kind of development beyond the lot coverage permitted to the point of actually denying floor area ratio capability and you would in fact be taking something away from this property. What's more we stressed the point that in connection with Coconut Grove and its development there was a very definite need for an in- tense multi -use core area centering upon the hub of the various transportation corridors into the area, Bayshore Drive, 27th Avenue, Main Highway, Grand Avenue. This has developed, it is there now - we sought to enforce this. We strenuously urged that these committees accept the fact that the Bayshore Drive area should not be rolled back in terms of FAR. They were seeking that also. The FAR of 1.5 was too much. We stressed that particularly along the Bayshore Drive what would what would the Bayshore Drive improvements to handle the additional traffic move- ments and the need for high density housing in certain restricted locations, that this is a viable use of the land. Mrs. Gordon: We were ready to move on it, Mr. Luft but we were just recommended that we defer it. Mr. Luft: Right. I just wanted to get this point made. The thing here is that the Planning Department does recognize that there does need to be intense core areas within various sub communities. We supported this, we stressed that this area needed to be maintained as such. We further recognize the conflict between this desire to control density intensity and scale and the rights of the property owners as Mr. Plummer put it. We therefore recommended a 10 story height limit in that this was consistent with the predominantdevelopment of the area. Sailboat Bay is developed on one of the narrowest lots in there. It is developed at 11 stories so this is certainly not restricted. It is developed at a FAR of 1.5. So the 10 stories represents a height limit which is consistent with existing develop- ment which I think is all we can reasonably ask. It does not restrict private property rights. They can do exactly what they would have done under any cir- cumstances except they do not have the unlimited option of squeezing their build- ing and going up to provide better views. So I'm just trying to point out Mrs. Gordon: Are you disagreeing with Mr. Acton's feeling that we should take both items at once? Mr. Luft: No, I'm not disagreeing. I just wanted to point out Mr. Plummer said that he did not see where we had shown that this was not going to be confiscatory and I was just trying to demonstrate this. They can do exactly what they could have done in the past except they do not have that liberal option of squeezing their building and going as high to provide those exceptional views that do abound in this area. Other than that their development potential is certainly as great as it has ever been. We have responded to the wishes of the Community at large but we haven't bowed completely to them; not at all. We recognize what the Mayor was pointing out, the need to provide these intense areas. I wish you would keep this in mind in your deliberations in this particular point. 11/ 12, ORDINANCE AMENDMEN '-OFF SUCH tit. I PARKING AND LOADING PAR, 2, SEC. 2, ARt CLE XXI I I FIRST READING AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW PARAGRAPH 2 TO SECTION 2, ARTICLE XXIII-OFF- STREET PARKING AND LOADING. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Commissioner J: L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Co mission and td the public. • 13, MARTIN LUTHER KING BOULEVARD INTERIM ZONING DISTRICT d . EXTENDING p AU ORDr2ANCE ENTITLED - AN ORDINANCE EXTENDING ORDINANCE NO. 8212 THE DR. MARTIN LUTHER KING BOULEVARD INTERIM ZONING DISTRICT FOR A PERIOD OF SIX MONTHS FROM ITS PRESENT EXPIRATION DATE; REPEALI- ING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDIN- ANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Gordon and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon 'Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Gordon and seconded by Commissioner Plummer, adopted said ordinance by the follow- ing vote: AYES: NOES: None. Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8334. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 2/ AUTHORIZE CONTRACT i4ITH INTERNATIONAL ASSOCIATION OF CHIEFS b: 14, OF POLICE FOR EVALUATING QUALIFICATIONS OF APPLICANTS FOR o a CHIEF OF POLICE OF THE CITY OF MIAMI- APPROPRIATING $6,800 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1320 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE INTEPNATIONAL ASSOCIAT- ION OF POLICE CHIEFS, FOR THEIR SERVICE IN ASSISTING HIM TO EVALUATE THE QUALIFICATIONS OF THE APPLICANTS FOR THE JOB OF CHIEF OF POLICE OF THE CITY OF MIAMI, AND APPRO- PRIATING THE SUM OF $6800.00 FOR THAT PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissiow-r Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 15, DISCUSSION OF SCREENING PROCESS TO BE USED IN APPOINTMENT (IF .A NEW CHIEF OF POLICE Mr. Plummer: Mr. Mayor I offer a resolution declaring the policy of the Commission that the City Manager shall insure that the screening process necessary to select a new permanent appointee to the position of Chief of police of the City of Miami be completed in sufficient time to allow him to appoint a new Chief of Police no later than January 15,'1975. Mr. Reboso: I second it, Mayor Ferre: We have a motion and a second. Now, under discussion, ---- Rev. Gibson: Mr. Mayor I find it difficult to see what is the hurry. I said before the last meeting we had, last Wednesday, and I say it now, I believe if you are going to bring a team in here, I may not know about money and handling money, but I know about personnel. No where in the world, you would appoint a Rector of a church until you have made a study, and find out what is wrong, or what is needed. The City of Miami isn't that bad off, I don't think, with the police department, If that is the case, then we need to have open-heart surgery. That is the way I look at it. Let me point out something, until you make this study, the danger is, you may continue to do what you have been doing, and I warn the Commission, I think if we are going in court, we must go with clean hands. I asked Mr. Andrews to put on the table what you are looking for. Mr. Andrews it appears to me that before any of these things are done, you ought to put on the table what you are looking for, and that frees you, that if you don't have the caliber of man, that you are looking for, you can look elsewhere. That is what we need in this City. We want the beat for the City, and we have to have it, and stop putting band aids where we need to have open-heart surgery. I am unequivocally opposed to taking any action. As a matter of fact we are not even giving you 30 days, because you have the holidays before you, so what is the great hurry? You mean to tell me we are so bankrupt in the police department, if those assistant chiefs you have or those majors are so good, they ought to be able to run it, and if they aren't you know what I say, we up here ought to see to it that you get rid of them. If the assistants who have been running the thing knowingly or unknowingly all this time can't carry on for 90 days to six months, something is wrong with the system. Mr. PLummer: Let me answer Father Gibson, Rose, ---Father there was many reasons that I made this decision. No. 1, I saw what happened to this City in the police department, in the interim between leaving of Headley and the selection of the new chief, and I think it was for a period of approximately a year, ----is that correct Paul,------ 2 DEC 2 _ 1974 Mr. Andrews:----6 months, --- Mayor Ferro: Six months without a permanent Chief, Mr. Plummer: Then when I read in the paper, and I heard the statement of Garland Watkins the other day, and I can appreciate his position, being an acting Chief, that no major decision would be made by him as an acting Chief, or mdybe'it was Mr. Andrews who said that, --Father me need to make some drastic changes and we need to make them now, let me also state, the other thing that I think we should look to optimistically, and I think that is we should afford or accord, the new Chief the opportunity of not cart-blanc coming in and dropping something in his lap, but give him the opportunity to work with the group and be implementing from this group, and I think this is something very important. You know, I remind you Father, back when we selected the Manager, we said then that, okay, let't not goof around, let's get the man, let's get him now, this City can't afford to stagnate, and because of that, quite of a bit of discussion resolved around 'let's don't procrastinate , let's get a man in there, and I think the same action needs to be taken today to get the new police Chief in, get him installed, let start making some of those major drastic changes, that 'open-heart surgery' if you will, that needs to be made, but Father when the man from the police institute said to me, that it looked like it was going to be 6 months to a year, then he said to me that I think we need to appoint a police Chief now. The manager agrees. Rev. Gibson: You have two different things. I hope we understand this, when you appoint the Chief, you and I as Commissioners have no authority literally over it. Mr.Plummer:Correct,---- Rev. Gibson: The Manager has, okay, the difference in the Manager, if he isn't performing and I don't like his performance, I could fire aim. Mr. Plummer: The same manner, if the Chief is not doing his job and the Manager refuses to release him, we can likewise fire the Manager. Rev. Gibson: J.L. you are missing the point. We don't have authority over the Chief. The Manager has. Mr. Plummer: Except by virtue, Father, that we hold authority over the Manager. Mrs. Gordon: J. L. there is a little more to it than that, Mayor Ferre: What Father Gibson is say is, that once the Manager appoints the Chief it is very difficult really, from a practical point of view Mrs. Gordon: ----you are not going to fire the Manager just cart-blanc. • Mr.Plummer: I didn't say that. Mrs. Gordon:That is what I read into the remark. Mr. Plummer: I think the provision of this elimination of the Manager, is solely based on that purpose, that if the Manager is not doing his job in the estimation of this Commission that we replace him. I think that is what it is there for. What other reason would it be in the Charter for, Rev. Gibson: You know, I've tried to be fair in my dealings. 1 am not implying that nobod is, what I am saying is this. Garmire and 1 were no I believe I saw him once or twice right after Mr. Andrews became Manager. He decided he would visit the Commission, that is the extent of my dealing. I never went down to headquarters, that is not the way I operate. Let me tell you something, let me say this, I believe, if Garmire his hands free from behind his back, more than he did, maybe you might still be here, and I hope, I am going to stick to the point, that we must give everybody adequate time and we must make a thorough study and survey of what we have and where we are going before we bring another Chief in here and let me say this, nothing is going to happen out there if Watkins has been here all this time, and he can't run that department, shame on him, ---maybe Mr. Manager you 2i DEC 2 . 19! 4 made the wrong choice of an acting Chief. You need to consider that. Mts. Gordon; What troubles me about this resolution is the timing also, because of the holidays and also what troubles me, that, no one on this Commission including the Manager has had a definite word back from the Police Foundation that 'yes' they will 'no' they won't do it. We have had a lot of suppositions, maybe it will take 6 months, maybe 3, maybe less, I think this whole matter should be deferred until we have had word from the Foundation and that we go from that point. We do have anothet meeting this month and I offer a substitute motion that we defer this item until our next meeting, that is the 17th. Mayor Ferre:There is a substitute motion, is there a second --- Mr. Reboso: Mr. Mayor I think all of us in the City are aware that we have a lot of problems in the police department, but in my opinion, the only person that can solve those problems is the City Manager, and if we don't trust the City Manager in allowing a time he agrees, Commissioner Plummer said that he needs a new Chief of police no later than January 15,--- Mrs. Gordon: You said that Mr. Andrews? Mr. Andrews: Yes, ---- Mr. Reboso:----I think you are in trouble on that. At this point Mr. Mayor I trust the City Manager and I think we should comply with him. Mayor Ferre:I want to express my opinion, because obviously this is now, as I read it, a 2 to 2 situation, so let me carefully weight out my words and express my opinion. We have two matters that are pending before us in the City in reference to the Miami Police Department. One matter is, who is to be the new Chief, the man, the second matter is, what is wrong with the Miami Police Department, ---that is a very broad subject. The many questions, if you put both of them together is, how does this affect the Miami Police Department in its day-to- day function? To be consistent, for a year I have been harping on the premise of leadership and the need of leadership, or the lack of leadership, and I therefore I have to feel that there is in any para-military operation a need to have a specified leader. A leader has to be these, he has to be recognized and he has to make himself felt. The question is, ii we force the issue, of selecting the man, how does this affect what to me is more important, which is how is the department functioning, how effective is it. We get to this point, Mr. Andrews, and I am really speaking to you more than I am to anybody else. In search of the man, the key to me is excellence, because if we, by one reason or another, choose rapidly or inadvisedly choose a man who is not capable of the leadership that is so much needed, then what we are really doing is taking a big step backwards. I would hate to ever have to commit myself , that we have ended up, that we would have been better off with Garmire, as much as I had problems with that. The point I am trying to make is yes, we selected within the City of Miami, --we selected you, we also selected, John Lloyd, you also selected Don Hickman, but I might point out that Don Hickman, who was Asst. Chief for 11 years, is probably one of the most outstanding Fire Chiefs in the nation, was an outstanding Assistant and is an outstanding Fire Chief. I would say we have exceptional and outstanding men both John Lloyd and yourself. Now, it is good to choose from within, if we don't give up excellence. The important thing, and the thing that concerns me about this particular resolution, Mr. Plummer, is that by forcing a specific date, I hope we would not in any way jeopardize, and I think Father Gibson has a serious, and I have to agree with, that concern, that we, by forcing a specific date, might force the acceptance of somebody, who might not have the excellence we absolutely need, and I would rather do it this way. Let me put it this way, I would rather, if what we did, was just to withdraw not only this motion, but the previous motions we set. You follow me? In other words, what is bothering you, and I agree with you, that we have the Manager under an unrealistic gun. The gun is, he cannot choose his Chief until this report is made, and I think tht is wrong, so if you remove that one, there is no need for this one. Mr. Plummer:Mr. Mayor I'll be happy to do that but I wanted to tell you from the very inception, who set the date of January 15th. Mr. Andrews: Mr. Mayor and members of the Commission, I informed' the Commission that this whole process could be accomplished by the end of December, by the first week of January, after carefully reviewing all the steps that need to be taken, and realize what Commissioner Gibson is attempting to achieve. I 30 DEC 2..1974 V&A to first before I make a comment on the approach, to indicate the Acting Chief would be prepared to remain acting for long as I desired him to remain Acting, if it took a year. That is not the point. I think it is important to have the.Chief appointed as soon as possible with one of the qualities that we will be looking for, because this. report is not going to do everything you think it is going to do when we are finished, but a person who had the capability of changing and causing changes within a department is what's important. Mrs. Gordon: May you qualify please, one of the qualities means what? one of the qualities, -,what is One, Mr. Andrews: Well, one of the qualities would be that the individual recognises that there are matters within a department that require change, that he has the kind of make-up that cannot only cause change, but recognize all the ramifications that are caused through change. Mayor Ferre: You see, ladies and gentlemen, the problem is that we are bound by a Charter and the Charter is very specific. What the Charter says is that the administrator is the guy who is going to choose the Chief. Our problem is that because we have, and I am going to speak like it is, Paul, I am going to be very frank, because of some misgivings within the department, because of criticisms from the Grand Jury, because of personal prejudices and ideas that each and every one of us have, and because, with all due respect to you and I understand your reasoning, and I want to publicly say, that you think you can beat function in solving the problems that I know you recognize, by doing it the way you are doing it, and there we have a disagreement, and therefore we have to conclude that your verbal report of last month, was not a strong and conclusive type of report, and I understand why you did it, I don't agree with the reason why you did it, because I think these things have to be brought out publicly, but I understand. Because of that and it may be an over- reaction on our part, on the one hand we tried to put one kind of restriction and make you have a report done, on the other hand, we have this other thing, and really what I think we ought to do ladies and gentlemen is have faith in the Charter and have faith in Mr. Andrews and let nature takes its course, and let him function the way the Charter lets you function. Mrs. Gordon: Why, ----we have a motion on the floor to defer this matter to the 17th, but including in that I'd like to ask the manager to ask the Foundation for a definite yes, or no, if they are going to handle it, and if they are, when they will have their interim report ready which will therefore be a guideline to us, and then on the 17th if we get no answers that are satisfactory we can move forward with a resolution removing the previous directives to you, but I can't see your urgency at this moment in time, I honestly don't understand your urgency at this moment in time to remove all the other criteria we set up before. I can understand it, yes, if you could tell me you have received an answer and now we have to face a new issue. But you have not received an answer, and this bothers me. Mr. Andrews: Mr. Mayor and members of the Commission, I recognize that the two subjects are related to on another, the one subject I think can be accomplished, that is the appoint of the Chief, without necessarily completing the other. I think if we look for those qualities in an individual that recognizes the department is going to go under change, there is going to be such a report that there will be findings that will cause change, then I think we are going to be doing the right thing, to delay the appointment until the report can be com- pleted which might be 6 months off from now I think as far as the department is concerned and the city would be a mistake. Mayor Ferre: The motion is a matter of deferring this item until the 17th,--- Mrs. Gordon: ---with instructions to the Manager to get an answer yes or no from the foundation. Mayor Ferre: Let's call roll on the substitute motion which has been made by Mrs. Gordon seconded by Father Gibson to defer this item until the 17th. Call the roll, Mr. Southern, City Clerk: -----Mrs. Gordon, yes, Mr. Plummer: no, Mr. Reboso, no, ----in voting No I wish to state that I think this is the time 31 ULC2M1974 to give the City Manager the opportunity to appoint a permanent Chief, to make the decision that are so badly needed at the police department right no*, I Vote No. Rev. Gibson: yes, and Mayor Terre. We have two votes for for Yes, and two for No, so the decision is mine. Let me state ladies and gentlemen and meibers of the Commission, I recognize the concern of the t:ppointment of a Chief who might be a perpetuation of the same problems we have had in the past. I think a report, whether the police foundation takes this thing on, and I have my doubts as to whether they are going to take it on, and I think that a report in, and of, and by itself isn't going to solve anything because if reports solve problems, then you see,we have had a dozen reports already in the City of Miami police deparment, and we still have the same problems so reports are only good in your church or my business, if the pastor decides to . The report in itself does not guarantee. The manager is going to make the decision anyway, and as a matter of fact I might point out that he could violate our policy and make a decision and stand under the Charter and just appoint him tomorrow, --- Rev. Gibson: ---and let me put this in the record, he wouldn't be able :.o say you forced me to do it hurriedly either. That is the thing. I want him to know he is on the pan, and no getting around it. Mayor Ferre: We are not talking about whether we should delay this to the 17th. I may vote with you on that, but I don't think we ought to delay this Mrs. Gordon: I think we should know what the answer was, and then we should go forward with this and further than that I think we ought to not limit it to January 15, I think we would give him more latitute, if he finds him by the 15th if on the 17th we want to vote with this resolution, let's not confine it to the 15th. • Mayor Ferre: Right now I am voting, I don't think we should delay this ----this is too important an item and I don't think whether or not the Police Foundation decides to make one more report, the 13th report, will make that much of a difference on the selection of a police chief. It might make.a difference as to what kind of changes we are going to make but I don't think the selection process so therefore, --------I am going to vote against the motion to delay . Mr. Plummer: Mr. Mayor I would like to amend my motion, the original motion. I would like to strike out from the wording 'the completed and sufficient time' and add 'as soon as possible'. That would tell the manager to select the permanent chief as soon as possible, eliminating a deadline as such. Mayor Ferre: By doing that you are going to have to, don't you think, that we rescind the previous motion, because conflicts with the other. Mr. Lloyd: Make a motion rescinding the previous motion, ---- Mr. Plummer: --let me first 'of all, so there will be no misunderstanding, I want it fully understood this is policy, not direction. I'll make a motion to rescind the previous action of this commission, putting policy restrictions upon the manager as it relates to the police chiec. I put that in the form of a motion, I think that is in order first. Mayor Ferre;You had a motion and a second, all you have to do is withdraw your motion and withdraw his second and that is the end of that motion. Mr. PLummer: But I bring that back up again. Policy procedure says we rescind the first action. Mrs. Gordon: Let's read the first action so everybody knows what we are rescinding, okay. Mayor Ferre: I am going to recognize that Mrs.Gordon, but the point is that I am going on parlimentary procedure. There is a motion and a second - •.-the simplest way to solve all this, this a completely different matter, is for you to withdraw your motion, you can always make it again, and the second to withdraw, then you are free to make this other motion. Mr. Plummer: I now make a motion this Commission reverse it previous policy 32 DEC 2.1914 placing policy restrictions upon the Manager as it relates to the appointment of a police chief. Mrs. Godon: For the record, Mr. Lloyd will read that. Mr. Plummer: Rose, he doesn't have the motion. Mrs. Gordon: Can you defer until he finds it, and reads it,--:_t is a very important matter that we have to understand what we are voting on. The public record and the public present deserves to know what we are doing, and what we are doing is rescinding a previous action, and I want it read as part of your motion. 33 DEC 2..1974 04• 44 3 16, PJ I�Al d 'tpNS. P JES, ERTIFI S �F APPRE IAfiiON A. ProclaMation presented to Prancicco Dorce Ae inn, PrAQfAPn Acaociatinn Vendedores Estado Florida. B. Proclamation presented to Oscar Vidal, President Fundacion Hogar Industrial del Ciego, and Dr. Patuondo, a member. Proclaiming bete ber 13, Day of the Blind. MOTION ELECTING J. L. PLUMMER AS' VICE MAYOR FOR A PERIOD ifs OF ONE YEAR p The following motion was introduced by Cnmminsioner Reboso, w!'o moved its adoption: MOTION NO. 74-1321 A MOTION APPOINTING COMMISSIONER J. L. PLUMMER AS VICE -MAYOR. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mr. Reboso, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: None. ABSTAINING: Commissioner Plummer. 18, PERSONAL APPEARANCE- REV, T. JOHNSON REGARDING ABSENCES ON ZON I N_G BOARD Mrs. Gordon: There is a point that has to be brought up with regard to Rev. Johnson. May I bring it up, Mr. Mayor? Would you explain, Rev. Johnson? Rev. T. Johnson: Yes, I've been calling the ham over an existing ordinance or law as you may call it on the Zoning Board. Under the new regulations you're not supposed to miss but two meetings during a calendar year and the excusable meetings of City business or a death in the family. Now I was out of the City on two occasions, one occasion rather attending an O.R.C. Convent- ion in Minneapolis, Minnesota which I think is a very important meeting. I'm the local chairman of the O.R.C. and they were having that and that's a con- vention and I was requested to be there. The second one, my mother passed. The third meeting I have an annual banquet that the church gives to me that has been held Monday night after the second Sunday in November for 24 years. Mrs. Gordon was at taht banquet. The other meeting I wasn't even aware that it was existing, it was to be had. I got my notice, the only thing I got was about; I think the meeting was held on the 18th, I got my notice on the 20th or the 21st so that by default I'm off the board and yet .... And the reason I wanted to clear it up, I am to be in Ocala tomorrow morning at 10:00 and if I am to serve on the board then I'll have to be here tonight but if not then I'll leave for Ocala so I won't have to... Mayor Ferre: Reverend, let me ask you this question. As I understand the rules and regulations have a provision for excused absences. Right? Rev. Johnson: Well, illness, Citi business, I think... Mr. Lloyds There are three: illness in the family or your own personal ill- ness or a death in the family or away on City business are the three reasons for excused absences. Mayor Ferree In other words what he's saying is these other items are not excused reasons. Mr. Lloyd: Well, he was absent from four meetings. One of them was a death in the family. I think what he is attempting to say is the first meeting he went to some convention in Minneapolis which are you contending, Reverend this 1 34 Was of sufficient import for the City to consider City Business? Rev. Johnson: Well 1 would think so. Don't you finance the O.R.C.? Mt. Lloyds I don't know what the O.R.C. is. We would have to rely on what yotir Statement is. Pelt. Johnson: You know is the Opportunity and Industrial Center that Spends somebody's money upgrading people to work, you know.... Mrs. Gordons I think it is just a lack of understandings it was a misunder- standing in what your absences were based upon and I don't think that in my opinion, I don't know... But I'm sure the other Commissioners probably feel the game way that you really aren't in default in my opinion because your absences were based upon valid ... except the one that you didn't attend be- cause you didn't get the.... Mayor Ferret Rose, it is a quarter of one. What do we need to do if anything? Mrs. Gordon: I don't think we need to do anything. M. Lloyd: Nothing needs to be done. Mrs. Gordon: Just go to the meeting. Rev. Gibson: But Mr. Mayor, I think we ought to be concerned about the noti- fication of the meeting. You can't attned a meeting that you get the meeting on the 20th and the meeting is held on the 18th. Now maybe they need to estab- lish regular meetings and everybody knows this is the meeting day. Mr. Lloyd: Well, actually these meetings are regularly scheduled. Rev. Johnson: You see what happened was the fact that when I missed the reg- ular meetings then I thought there should have been a meeting but I didn't get a notice so before I got the notice I called the secretary to ask her when was the next meeting. You know? She informed me that the meeting, one had just been completed and the next one was December 2nd. Mrs. Gordon: But what you're saying, reverend, two of those were death in the family and City business and you're allowed two so you're still on the board. Rev. Johnson: I just wanted to get it, you know, cleared up because I'm the one who is hanging. Mr. Lloyd: I think perhaps what the action should be, a suggestion by Mr. Andrews which I concur, Rev. Johnson, if you would tonight at the P13nning Board Meeting just state into the record that in two of your four absences one was death in the family and the other one you were on business of interest to the City in Minneapolis to that O. R. C. Convention. Then you see, you're clear with respect to your absences. Rev. Johnson: Thank you. 19, PERSONAL APPEARANCE- EUGENE SPELLMAN REGARDING APPRAISALS OF GOVT.CENTER PARCELS Mr. Lloyds I wr,nti r if we miaht recognize Mr. Gene Spellman, our RoPria1 nounri] for the City of Miami in our Government Center Condemnation Case who has just con- tinued the case. It will take about two or three minutes. Mr. Eugene Spellman: Mayor and members of the Commission, we have before you a resolution regarding one of the parcels of land. I came into the case as you know approximately three weeks ago. At that time we did have some concern over the degree of exposure because the property had to be considered and valued as if the project was not going through and would be immediately adjacent and con- tiguous to the proposed courthouse and state building that the Dade County and state governments are contemplating. The evaluations that our appraisers orig- inally had come up with was $2.85 and they went on up to $4.00. We felt that our concern was that this may be rather unrealistic in the view of the settlements that Dade County had been having in the same area. 35 DEC 2-1974 411 Mapbt Ferre: I think that is very important Gene that you tell us how much Dade County it settling for in all this time. Mt. Spellman: Well, to give you an example, one of the appraisers on the other side had in fact appraised property which if you can visualize Flagler street in a comparable situation because in our opinion it would have been. For Dade County they had recently appraised property at 12 to 14 to $16 per square foot. Mayor Ferre: Now the point, let me interrupt you because I think this is a very i rtent point, Rose. That we always end up with these situations where we have a property appraised at three then we, that's the money that we set out for and then all of a sudden it is worth six or seven or eight. Now in the meantime Dade County goes in there and buys property, and how much did they buy that prop- erty for? Mr. Spellman: Well, they have not settled on those parcels as yet. They have bought property from six dollars approximately three years ago to as high as eight dollars at present time. Mayor Ferrel The point I'm trying to make was this: That our appraisal is so conservative and they're going to do such a fine job for the City that our ap- praisals are at $3.00 and the property owner has it at 12 and we end up always missing the boat. Mts. Gordon: I'm going appraise them. I'm an appraiser. I know that appraising is not a science. It is a professional estimate of an appraiser's viewpoint and analysis of his opinion of value and courts are the ones, the juries are the ones to make the final determination of value. Mr. Spellman: I think the biggest problem with a conservative appraisal, quite honestly, is the situation that interest is running on that money and you have attorneys' fees that are paid because of trials that may often take place. The City's appraiser re-evaluated his position in this matter which they always do just before trial and made a determination of $7 per square foot. That we felt was realistic from the standpoint of the property owners. They did not contest the evaluation. Our expert took the stand at the close of his testimony they did not even bother to cross examine. There was a motion for directive verdict made for the City and that appraisal was accepted. We felt that it was an ex- cellent result from the standpoint of trade fixtures, we had, I might point ou•: an appraisal of $49,000. Their figure was $88,000 and we were able to settle that particular issue for $16,000. So we were quite pleased with the results. I recommend to you the adoption of a resolution which is before you which is a settlement that we took place prior to... Mayor Ferret Does this come with your recommendation, Mr. Lloyd? Have you looked at this? Mrs. Gordon: Mr. Mayor, I'm going to ask you a question. I have to be some- where at one. Of these things that we're doing right now things that must be done right now? If they're not I'd appreciate it if we could go on with our lunch and.... Mr. Spellman: Mr. Mayor, I am scheduled this afternoon if it will be alright. Mrs. Gordon: You don't have to be here. Thereupon the City Commission recessed for lunch at 12.55 P.M. and reconveined at 2:25 P.M. with all Commissioners present. DEC 2- 1974 41 . ''-. 41, '' A O, EUBLIC HEARING - PROPOSALS FOR DEVELOPING BICENTENNIAL PARK d crp PcpNtAtloNBY DWA(JD DURRELL STONE a ASSOCIATES a INCLUDES DECISION OF RESTAURANT AND POSSIBLE INCLUSION OF Mayor Ferre: Ladies and gentlemen, before we get into this I might say that I took it upon myself and this was not a Commission function, but I felt as Mayor that I certainly owed an explanation to some people who had written me and had called me. So I gathered together last week Mr. Dan Paul who invited Mr. Craig Sherman and Colonel Mitchell Woolsen, the Present President of the Florida, South Florida Chapter of the A.I.A., Norman Giller and the fellow who is going to be President, Mr. Buff. They were both there. There was about a dozen people. Oh yes, the President of to downtown campus, Bill Stokes, Alvah Chapman, President of the Miami Herald, Charley Hadley. But of all the people that were present after this discussion and Edward Durrell Stone Jr. made the presentation with the exception of Dan Paul, everybody present was in favor of changing the prc- posed Bi-Centennial Park to a•positive people oriented park with one major ex- ception and that was the Velladrome and everybody present was strongly opposed to the velladrome. Now Mr. Dan Paul was very strongly opposed to everything that was presented. He was against everything. He just wanted the park to be the way it had originally been conceived. Now I hope everybody understands that the crux of the reason for why there has been a definite change is because of the incertitude, if you wish, or the questions arising out of the fact that we don't actually legally posess the F.E.C. property at this time. We just don't have it. Now we are persuing that and we will be persuing it and hopefully some day it will belong to the public but at this time it does not. And there::ore, because of that change we felt, some of us felt that it was very important that we alter somewhat, not drastically, but somewhat the use of those 37 acres in the northern end of the park. Without any further ado, and then we'll get into some discussion, Mr. Edward Durrell Stone, Jr. Mr. Edward Durrell Stone, Jr.: Thank you, Mr. Mayor and ladies and gentlemen of the Commision, very briefly to retrace the planning effort, we submitted a plan to the City in 1972 which was accepted by the Commission and a public hearing was held at that time in which the plan was enthusiastically endorsed. In the interveining years you put out that the F.E.C. Property is no longer available immediately to us or at least it cannot be included in the planning process at this moment. Also the Ball Point Property is no longer with us. I thought that we might today quickly retrace the evolution of the park. I would like to make one personal observation before we begin. I do not think that the suggestions that have been proposed by this Commission are in any way contrary to the original approvals that were granted. There were some elements that have been added specifically a small food service operation. This is necessitated, :in my judge- ment by the sheer distance between this facility and the existing restaurant at Miamarina. The next element that was originally proposed but has been given additional impetus by this Commission is the waterborne transit system. The third element is a possibility of some active play fields. This possibility existed in the original plan. The only element that was in my judgement might be questioned is the proposed velladrome so if you'll bare that in mind as we go forward with the presentation I would be most appreciative. NOTE: There followed a slide presentation and input from members of the public and the City Commission was heard. After considerable dis- cussion and deliberation the following motions were adopted: The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1322 A MOTION TO PROCEED WITH THE RECOMMENDATIONS OF EDWARD D. STONE, JR. FOR DEVELOPMENT OF THE PROPOSED BICENTENNIAL PARK, WITH THE EXCEPTION OF THE VELLADROME AND THE REST- AURANT. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon 37 DEC 2-1974 • Corrissibner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre MOWS: None. The following motion was introduced by Commissioner Gibson, who Moved its adoption:` MOTION NO. 74-1323 A MOTION TO PROCEED WITH A MODIFIED RESTAURANT FACILITY AS PART OF THE DEVELOPMENT OF THE PROPOSED BICENTENNIAL PARK. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Rev. Gibson, Mr. Reboso' and Mayor Ferre. NOES: Mrs. Gordon and Mr. Plummer. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 74-1324 A MOTION REQUESTING THE CITY MANAGER TO WORK WITH THE CHAMBER OF COMMERCE AgD OTHERS INVOLVED IN AN ATTEMPT TO OBTAIN OFF-STREET PARKING FACILITIES AND AN OVERPASS CROSSING BISCAYNE BOULEVARD FOR ACCESS TO THE PROPOSED BICENTENNIAL PARK. Upon being seconded by Commissioner Reboso, and adopted by the following vote: AYES: Commissioner L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. the motion was passed The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 74-1325 A MOTION INSTRUCTING THE CITY MANAGER TO EVALUATE POSSIBLE SITES FOR A VELLADROME IN THE CITY OF MIAMI, AND IF THE SITE IN THE PROPOSED BICENTENNIAL PARK IS THE ADMINISTRATION'S RECOMMENDATION, THEN TO PROCEED WITH THE DEVELOPMENT OF SUCH A FACILITY THERE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Mom'. Plummer, Rev. Gibson, Mr. Reboso and Mayor Ferre. NOES: Mrs. Gordon. ABSENT: 38 DEC 2-1974 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1326 A RESOLUTION ACCEPTING THE PRELIMINARY PLAN DEVELOPED 8Y EDWARD D. STONE, JR., AND ASSOCIATES, FOR THE DEVEL- OPMENT OF BICENTENNIAL PARK; AUTHORIZING EDWARD D. STONE, JR., AND ASSOCIATES TO PROCEED WITH CONTRACT PLANS AND SPECIFICATIONS FOR THE PROJECT; AND ALLOCATING THE SUM OF $4.2 MILLION FOR THE CONSTRUCTION OF THIS PROJECT FROM THE PARKS FOR PEOPLE BOND FUNDS PLACED IN TRUST ACCORDING TO RESOLUTION NO. 74-362 FOR THE FUTURE AC- QUISITION AND DEVELOPMENT OF THE DOWNTOWN ,AYFRONT PROPERTY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mr. Plummer: Mr. Mayor, let me make one other comment. Mr. Stone, would you come back up here please, sir. Mr. Stone, I can't think of anything more appropriate, and I hate to do this to you sir but I think you can find the way if there is the will. I can think of nothing more appropriate than this to be dedicated on January 1, 1976. Now I realize that is cutting you down one month but I think it would be very appropriate, January 1, 1976, the dedication. Mr. Stone: We'll make every human effort, sir. I would agree with you and we will certainly work to that and we'll report back to you in our progress. •41- POLICE MATTERS DISCUSSION CONTINUED EXPRESS POLICY THAT CHIEF BE APPOINTED AS SOON AS POSSIBLE 21. DIRECTING CIVIL SERVICE BOARD TO REPORT REQUIREMENTS TO a. COMPLY WITH COURT ORDER FRANKLIN COHEN ET AL VS. CITY The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1327 A RESOLUTION DECLARING IT TO BE THE POLICY OF THE COMMIS- SION THAT THE CITY MANAGER SHALL INSURE THAT THE SCREEN- ING PROCESS BY THE INTERNATIONAL ASSOCIATION OF POLICE CHIEFS TO SELECT A NEW PERMANENT APPOINTEE TO THE POSITION OF CHIEF OF POLICE BE ACCOMPLISHED AS SOON AS POSSIBLE, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES, None. 39 DEC 2-1974 "/ The following resolution was introduced by CoMMi.ssioner PlUmMer, who Moved its adoption: RESOLUTION NO.74-1328 A RESOLUTION DIRECTING THE CIVIL SERV::CE BOARD TO SUBMIT IN WRITING TO THE COMMISSION OF THE CITY OF MIAMI, NO LATER TRAM DECEMBER 17, 1974, THEIR RECOMMENDATIONS CON- CERNING THEIR REQUIREMENTS, IN THE FORM OF PERSONNEL, EQUIPMENT, FACILITIES AND FUNDS, NEEDED TO FULLY COMPLY WITH Tilt ORDER OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, IN THE CASE OF FRANKLIN COHEN, ET AL. VS. THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso , the resolution was passed and adopted by the following vote: AYES: Mr. Reboso, Mrs. Gordon, Mr. Plummer and Mayor Ferre. NOES: Rev. Gibson. ABSENT: ON ROLL CALL; Mayor Ferre: Let me read this into the record. This is the Miami News. It says continue MPD Inquiries. When the City's Civil Service Board finds a white police officer guilty of brutalizing a handcuffed black prisoner and then votes to keep the man on the force it is easier to understand how the Miami Police Depart- ment got so far off the track. The men in the ranks can hardly be expected to be better than watchdogs who are supposed to protect the public interest. The Board's official tolerance of cruelty strengthens the widespread suspicion of prisoners, especially black prisoners frequently abused by Miami policemen. This case received attention only because the prisoner turned out to be an undercover officer. The Civil Service Board in voting merely to suspend rather than fire Charles Outlaw sighted it was the department's employee dominated discipline re- view committee and opposed the decision of City Manager Paul Andrews. Andrews had upheld acting Police Chief Garland Watkins' recommendation that Outlaw be fired. Andrews should exercise his right to reject the Board's recommendation and stay with his own stiffer penalties. He should also make sure that the new police chief whether he come from within the department or from outside is will- ing and ableto bring more blacks and Latins into the force eliminating brutality and restore closer supervision. The City Commission should continue its probe of police problems and should add the Civil Service Board to the list of bad influences on the department. The reform of the board is not a substitute for the department but it is a needed correlary step. Rev. Gibson: Mr. Mayor, that's what I'm trying to say and I'm not an editorial writer but I'll tell you I see what is happening and I hear what is being said and I see that people are not taking meaningful steps and actions. Following discussion of the book list of text materials for police work the City Commission requested that the University of Chicago document the procedure by which it chose the book to be used to teach the men taking the sergeant's exam. ACCEPT COMPLETED WORK22 flis following resolution Was introduced by Commissioner PluMMer, who Weed Lie adoption: RESOLUTION NO. 74-1330 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY BISCAYNE CONSTRUCTION, INC. AT A TOTAL COST OF $16,393.28 AND AUTHORIZING A FINAL PAYMENT OP $1,639.33 FOR THE LEGION PARK - COMMUNITY BUILDING ALTERATIONS - 1974. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Perre NOES: None. ACCEPT PLAT 23' HAI I --RFI CHER TRACT The following resolution was introduced by Commissioner. Pl'm msr, i*ho moved its adoption: RESOLUTION NO. 74-1331 A RESOLUTION ACCEPTING THE PLAT ENTITLED HALL-BELCHER TRACT, A SUBDIVISION OF THE CITY OF MIAMI, FLORIDA, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 4 DEC 2-1974 • • ti 2c LEtoE AGREEMENT LYMAN WO HIGGS JR, W.,25' LOT 20 ST. JOHNS PARK FOR USE AS or- 1IREET PARKING The ioliowing resolution Was introduced by C aril iesioner Plummer, who moved its adoption: RESOLUTION NO. 74-1332 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO A LEASE AGREEMENT WITH LYMAN W. HIGGS, JR. FOR THE LEASE OF THE WEST 25 FEET OF LOT 20, ST. JOHNS PARK, RECORDED IN PLAT BOOK 5, AT PAGE 19, OP THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. a ISSUANCE OF WASTE COLLECTION LICENSE 25. MANUEL WHITE The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1333 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO MANUEL WHITE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 42 DEC 21974 1 '► ISSUANCE OF WASTE COLLECTION LICENSE 26. LA SE TRASH. SERVICE The following resolution was introduced by Commissioner P1u net, who Moved its adoption t RESOLUTION NO. 74-1334 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO LA FE TRASH SERVICE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. ci 27, AMENDVGENERALL FAPPROPRIATIONS ORDINANCE TO PERMIT EXPENDITURE $15,500 FROM 1975 INTERNATIONAL FOLK FESTIVAL FOR PARTIAL PAYMENT OF OBLIGATIONS INCURRED AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE GENERAL APPROPRIhTIONS ORDINANCE OF THE CITY OF MIAMI TO PERMIT THE EX- PENDITURE OF REVENUES OF $15,500 FROM THE 1975 INTERNATIONAL FOLK FESTIVAL FOR PARTIAL PAYMENT OF OBLIGATIONS INCURRED. Was introduced by Commissioner Gordon and seconded by Commissioner Gibson and passed on its first rei►ding by title by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 43 DEC 2 -1974 7, ?"' i ISSUANCE OF AMUSEMENT RIDES PERMIT 26. $, CORPUS CHRISTI CHURCH - DEC 7, 8, 1974 to The following resolution was introduced by Commissioner Plu*r, er, who moved its adoption: RESOLUTION NO. 74-1335 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PERMIT TO CORPUS CHRISTI CHURCH FOR AMUSEMENT RIDES AT 3220 N.W. 7TH AVENUE ON DECEMBER 7 AND 8, 1974, SUBJECT TO CER- TAIN TERMS AND CONDITIONS. (Here follows body of resolution, omitted here and on file in the Office Of the City Cler!:) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 29, MOTION EMPOWERING THE CITY MANAGER TO EXTEND TIME FOR CARNIVAL OPERATIONS AUTHORIZED BY THE COMMISSION The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1336 A MOTION OF INTENT THAT THE CITY MANAGER BE EMPOWERED TO EXTEND, FOR ANY LEGITIMATE REASON, THE PERIOD OF TIME FOR CARNIVAL OPERATIONS AUTHORIZED BY THE CITY COMMISSION. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 44 DEC 2-1974 410 CHANGING ZONING CLASSIFICATION 50, LOTS 77 8 78. MARDEN HEIGHTS 2ND SECTION 19 37) AN ORDINANCE ENTITLED - • f1 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZON- ING CLASSIFICATION FOR THE W48.5' OF LOTS 77 AND 78, MARDEN HEIGHTS 2ND SECTION (9-37) LOCATED AT 671 N.W. 77TH STREET, FROM R-2 (TWO FAMILY) TO C-4 (GENERAL COMMERCIAL) 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 RE- PEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF 1N CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of November 7, 1974, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gibson, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8335. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. a• 31, ACCEPT BID Gl1TTERBROOM STEEL - DEPARTMENT OF SANITATION a The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1337 A RESOLUTION ACCEPTING THE BID RECEIVED OCTOBER 28, 1974 FOR FURNISHING GUTTERBROOM STEEL FOR USE BY THE DEPART- MENT OF SANITATION'S STREET SWEEPING DIVISION TO NEWARK BRUSH COMPANY AT A TOTAL COST OF $2,800.00; AND AUTHOR- IZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPART- MENT TO ISSUE A PURCHFSE ORDER FOR SAME AFTER DETERMINING THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L.'Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 4.5 4 410 �, ACCEPT BID CTRON1 FLINcaY i oFFLCE OF fiHE Gtt CLERK p The following resolution was introduced by Commissioner Plummer, who Moved itS adoption: RESOLUTION NO. 74-1338 A RESOLUTION ACCEPTING THE BID OF OFFICE SYSTEMS OF FLORIDA, INC. tOR FURNISHING AN ELECTRONIC FILING SYSTEM FOR USE BY THE CITY CLERK AT A COST OF $5,175.00; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT, AFTER FIRST DETERMINING THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 33, ACCEPT BID BOILER CHEMICALS - FOR DEPARTMENT OF•SANITATION The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1339 A RESOLUTION ACCEPTING THE BID RECEIVED FROM DREW CHEMICAL CORP. FOR FURNISHING BOILER CHEMICALS FOR THE DEPARTMENT OF SANITATION, INCINERATOR DIVISION AT A COST OF $4,820.00; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS MATERIAL, AFTER FIRST DETERMINING THAT FUNDS BUDGETED FOR THIS PURPOSE ARE AVAILABLE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 46 DEC 2 -1974 s •- AMEND APPROPRIATIONS ORDINANCE 8316 TO PROVIDE ADDITIONAL 34, $160,000 FOR STEP 1'0F ORANGE BOWL STADIUM IMPROVEMENT PROGRAM AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 8316 ADOPTED OCTOBER 10, 1974, TO PROVIDE FOR THE ADDITIONAL APPROPRIATION OF $160,000 FROM THE ORANGE BOWL FUND BALANCE TO COVER THE COST OF ACCOMPLISHMENT OF STEP I OF THE ORANGE BOWL STADIUM IMPROVEMENT PROGRAM BEING UNDERTAKEN BY KUNDE AND ASSOCIATES, INC. AND MADIGAN-PRAEGER, INC. UNDER AGREEMENT WITH THE CITY AS AUTHORIZED BY CITY COMMISSION RESOLUTION NO. 74-1273; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE; DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on seconded by Commissioner Gibson, vote: AYES: NOES: None. Commissioner J. L. motion of Commissioner Plummer and adopted said ordinance by the following Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8336. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 35, BASEBALL LEAGUE -NEW MAJOR TEAM (DISCUSSION) Mayor Parrs: I can't talk too much about some of the things that I know but I want to tell you that there are some very strong possibilities of a major baseball team, by that I mean a real major baseball team looking into the Miami area. And I'm not going to tell you anymore than that so you just eat your heart out. Now one of the things that they say, they have researched this now. You follow me a little bit. I meant to talk to you about it but I'm talking now. Evidently there was a baseball game played in the Orange Bowl many years ago where they packed in 55,000 people into one end of it. Now they claim that the - what's the name of the baseball league, the National Associatioin of Baseball or the American League - whichever one it is, I forget which one now. Evidently says that they would accept a field like the Orange Bowl provided that after a certain number of years and they're very lean and lax about what it means, that we would have a specific facility. Now the key is that this major team might be willing to take a chance that since there are a half a million Latins according to them in this community that baseball would be a tremendous success. Now evidently they feel that the break even point is a million people during the season that've got to watch it - attendance. Now they evidently play, I forget how many games, I'm sorry, 700,000 people. 47 DEC A • 1974 s • So if they can get over seven or eight hundred, I forget what the figure Was, that's their break even point and they think that they could that their studies indicate that -they could get as many as one million people the first baseball year. And if they did that for a number of years that that would prove itself that it would be economically feasible for us to build a stadium. Don't you see? A four or a five year period or whatever it is. And they've got it all figured out that the stadium coats about by glen it would cost around $20,000,000. You can build a stadium for 16. A baseball stadium is a lot less than a football stadium. Now let me make my point. My point being that they think the western end of the football stadium could be changed without doing any harm and I said well you know that thing has a crown in it. That is acceptable. They will play with a crown. I said it is too far for a homerun thing. Well they put some kind of a fake wall of some kind which is designated... At the end of the, whatever number of yards it is where the homeruns are. Three hundred yards or whatever it happens to be. The point is and I'm beating around the bush, the point is that they feel that the Miami Orange Bowl Stadium could be moderately adapted for the purpose of baseball playing especially since we are going to remodel and take those seats that are down in the bottom. If we take those out that's the key in their opinion. I don't know that we can or can't but I think it is worth at least looking into, Paul. The point I'm trying to make to you is in George Kunde's analysis of this thing would they at least preliminarily look at it so that we can give them a yes or no answer. Ok? They're awfully anxious. 36. DISCUSSION ITEM -SCHEDULING OF MEETINGS NEIGHBORHOOD DEVELOPMENT ACT Mr. Andrews: Mr. Mayor and members of the Commission, the next item I wanted to bring to your attention, I know the hour is getting late. It is 6:00 but I distributed a memorandum this morning to give you further information on the scheduling of the neighborhood meetings in the target areas of the Community Development Act so you have that scheduling and you can attend those meetings if you so desire. I have a resolution that I would like the Commission I'll have to bring it back to you. 37, DISCUSSION ITEM -MEETING DURING LUNCH HOUR- DEC.17m Mr. Andre!" : The around cAromomr, Mr. Mayor, I wi ch the Commicainn would come to a conclusion at the table here because it is so difficult to try to get all of you scheduled. Mayor Ferre: We can't do it on the llth because Plummer won't be here. Mr. Plummer: Well Mr. Mayor, let me suggest something to you. Why not during the lunch break at the meeting of the 17th? We're all here and tied up anyhow so do it at the lunch break. Gee, that sounds too simple to be good. Mayor Ferre: You'll just have to schedule the lunch longer. Mayor Ferre: All right, everybody agreed to that? That simplifies things. 48 DEC 2- 1974 441. • 38, AUTHORIZE EXECUTION OE CONTRACT SANK J. LOBO - ADMINISTRATIVE ASSISTANT TO THE _MAYOR The folletting resolution ' as introduceA h•► !'emmissioner Plummer, qho moved its adoption: RESOLUTION NO. 74-1340 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH FRANK J. COBO, TO SERVE AS ADMINISTRATIVE ASSISTANT TO THE MAYOR; EXTENDING AN AGREiMENT WHICH WAS PREVIOUSLY AUTHOR- IZED BY RESOLUTION NO. 73-983, PASSED AND ADOPTED ON DECEMBER 13, 1973, AND EXECUTED ON JANUARY 7, 1974. SAID EXTENSION OF AGREEMENT TO BE AT AN ANNUAL COMPENSA- TION OF $15,400.00. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. a f CHANGE SIGN AT MUNICIPAL JUSTICE BUILDING TO READ: 39' "CITY OF MIAMI POLICE DEPARTMENT" The following motion was introduced by Commissioner Reboso, who moved its adoption: MOTION N0. 74-1341 A MOTION INSTRUCTING THE CITY MANAGER TO CHANGE THE WORDING OF THE SIGN AT THE MUNICIPAL JUSTICE BUILD- ING TO READ CITY OF MIAMI POLICE DEPARTMENT. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 49 DEC 2.1974 ft p • s. ALLOCATE $10,000 FROM UNALLOCATED FEDERAL REVENUE SHARING 6; FUNDS TO FUND I ao, LEGAL SERVS TO Mai _1 Y .1,975 0, The following resolution was introduced by Commissioner Plummer, who Moved its adoption: RESOLUTION NO. 74-1342 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PROPER OFFICIALS OF THE CITY OF MIAMI TO ALLOCATE $10,000.00 FROM UNALLOCATED REVENUE SHARING FUNDS TO ENABLE THE LEGAL SERVICES PROGRAM TO CONTINUE IN OPERATION UNTIL JAAUARY 1, 1975. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 41, TERMINATE BY APPROPRIATE MEANS CITY VS.MARJORIE WILSON ET.AL, CIVIL ACTION 73-788 DEALING WITH PARCEL 7088-75-11 IF SAID TERMINATION CAN BE ACCOMPLISHED NOT TO EXCEED $67.000 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1343 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO TERMINATE, BY ANY APPROPRIATE MEANS, THAT PART OF THE CITY OF MIAMI V. MARJORIE E. WILSON, ET AL., CIVIL ACTION NO. 73-788 DEALING WITH PARCEL NO. 7088-75-11 IF SAID TERMINATION CAN BE ACCOMPLISHED BY A TOTAL PAYMENT TO THE LANDOWNER, HIS ATTORNEY, AND APPRAISERS OF NOT MORE THAN $67,000 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 Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. • 50 DE,C2-1974 • ge a LLD TE $965 290gAS COOppMPPgEEgN TON FOROg7L ND OWNERS lOF PARCELS w 42, 11- il ;811- 8-4. 38 �88-8-62'71$8- 'AND . CITY VS, MARJORIE WI LSON ET AL -CASE 73-788 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1344 A RESOLUTION AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE *CITY OF MIAMI TO ALLOCATE AND PAY $965,290 AS COMPENSATION TO THE DEFENDANT LAND OWNERS OF PARCEL NOS. 7088-75-3, 7088-75-4, 7088-75-5, 7088-75-12 AND 13, 7088-88-3, 7088-88-4, 7088-88-5, 7088-88-6, 7088-14 AND 7088-88-15 IN THE CASE OF CITY OF MIAMI VS. MARJORIE E. NILSON, ET AL, CIRCUIT COURT CASE NUMBER 73-788 AS RE- QUIRED BY ORDER OF THE COURT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 43, APPOINT J. L. PLUMMER AS VICE MAYOR OF THE CITY OF MIAMI The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 74-1345 A RESOLUTION APPOINTING COMMISSIONER J.L. PLUMMER, JR. AS THE VICE -MAYOR OF THE CITY OF MIAMI. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 51 DEC 2-1974 414 'N 44, TERMINATE 5 PM DEC 5,1974 AGREEMENt WITHOUT LIABILITY CITY VS,F,E,C,RR-CIRCUIT CASE 74-18560 PROVIDING FOR THE is SALE of FILL BY THE CITY ETC., The following resolution was introduced by Comimissioner Plummer, who moved ite adoption: RESOLUTION NO. 74-1346 A RESOLUTION TERMINATING, AT 5:00 P.M., THURSDAY, DECEM- BER 5, 1974, THE AUTHORITY AND DIRECTION TO THE CITY MAN- AGER AND THE CITY CLERK TO ENTER INTO AN AGREEMENT, WITH- OUT THE ADMISSION OF LIABILITY, IN THE CASE OF CITY OF MIAMI VS. FLORIDA EAST COAST RAILWAY COMPANY, CIRCUIT COURT CASE NO. 74-18560, PROVIDING FOR THE, SALE OF FILL BY THE CITY OF MIAMI TO THE FLORIDA EAST COAST RAILWAY COMPANY, ON THE TERMS AND CONDITIONS STATED, UNLESS PRIOR TO THAT TIME THE FLORIDA EAST COAST RAILWAY COMPANY SHALL HAVE ACCEPTED THE TERMS OF THE AGREEMENT STATED IN RESO- LUTION NO. 74-1264. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. 45. REPRESEY NTINGYCITYEAT�ELORIDASPLANNINGOANDGZOONNING ASSN. CONVENTION IN MARCO, tLORIDA The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 74-1347 A MOTION APPROVING THE PAYMENT OF NECESSARY EXPENSES FOR COMMISSIONER ROSE GORDON IN RE- PRESENTING THE CITY OF MIAMI AT THE FLORIDA PLANNING AND ZONING ASSOCIATION CONVENTION IN MARCO, FLORIDA. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. ASSENT: None. ABSTAINING: Mrs. Gordon. 52 DEC 2.1974 46, PROPOSED ORDINANCE -PARKING LOT REGULATIONS (DEFERRED) Mayor Ferre: Ladies and Gentlemen, as you recall after that rather henious rape in downtown Miami several weeks ago, I discussed the possibility of bur doing something to improve the situation and at least give people a certain amount of feeling of safety. I asked the Law Department to research this and they have come out with an ordinance which is before you and I want you to listen very carefully. This is a very important thing for downtown. It is an emergency ordinance amending Chapter 34 of the Code of the City of Miami, amending Ordinance No. 8115 requiring a parking lot attendant and an emergency police and ,fire reporting box at every,parking lot in the City of Miami and providing for a penalty, repealing all ordinances, code sections or parts,:thereof in conflict; providing that if any section, clause or subsection shall be declared unconstitutional, it shall not affect the remaining provisions. John Lloyd, this is not acceptable to me. Look, the whole premise is that is you have a parking lot and if people are going to be driving out of there at night, there will be an attendant. There has to be a provision in there and I hope there is, to force these people to either have an attendant or not operate the lot. Obviously, if they say, well we won't operate the lot but there are cars parked there and a car can drive out at 8 o'clock at night, it's meaningless. You have to put in here a provision that either a parking lot in downtown Miami put a barrier and a gate that is firmly locked at a certain hour so that people cannot get out, or they have to have an attendant because this otherwise is absolutely meaningless. Now how are you going to amend this to say that? I mean for you to say that every parking lot is going to have an attendant is meaningless. Mr. Plummer: A parking lot that closes at 6 o'Clock ceases doing business and a person doesn't pick their car up until 8 or 9 o'clock. Mayor Ferre: That is my point exactly. Let me tell you what happens. I go and have lunch at the American Club which is over at the Northeast Building on 2nd Avenue. The guy won't let me park there because he says he closes the thing at 1 o"clock so I try to sneak in so he doesn't see me and I lock the car and run out so he puts up a chain and all this stuff and I can't get out of the building. If a parking lot is going to close at 6 o'Clock, then let them put a chain up and a gate so those cars can't get out and if they want to keep it open beyond 6 o"clock, then they can put a guard there until 10 o"clock at night. Mr. Plummer: The point is, the man says, I don't want to stay open after 6 o'clock. He goes home, he puts the gate up. What do the 14 people who still have their cars in there do? Mayor Ferre: A big sign that says, this lot will be under lock and key at 6 P.M. and if you are not out of here by 6 PM please do not park here. If they don't want to do that, they can leave the car. Mr. Plummer: Wouldn't it seem more sensible to you that he would put a sign or be allowed tp put a sign that this lot has an attendant up to 6, I am talking about pools and hotels. There is a lifeguard on duty here until 6 o'clock, anything after 6 o'clock, you do at your own risk. Now what is wrong with that? 5:3 DEC 2-1974 • Mayor Ferre: I think that it is a permissive type of a thing and the results of it will be that everybody will put their signs up, nobody will have guards and then in another 3 months there will be another rape. Mr. Plummer: •Mr. Mayor, aren't we putting a woman, and that is what we are speaking to now, in more jeopardy by having her car confiscated and being forced to walk around downtown to catch a bus or find other means of transportation home than we are the chance of her taking her c«r. I think this is the thought that you have got to give more consideration to. I have noticed that the off-street parking authority, by the way, has already put armed guards on their facilities. I have noticed this on at lease 3 of them. Mayor Ferre: Look, we have a problem. The problem is, we have a 2-fold problem. 1 problem is that there hate been some rapes and more than one in downtown dark parking lots. The second problem is that we have a population of literally thousands and thousands of women that are literally petrified to walk into a parking lot beyond 6 o'clock. Mr. Plummer: But isn't the answer to light the parking lot? Mrs. Gordon: Let me speak, I have a vested interest. The lots I am most concerned with are the triple deckers because even if there is an attendant on the ground floor, and I go upstairs to get my car, in the elevator and get off upstairs, I don't really feel very comfortable anyway and the only thing I can say is that women who have to be downtown after dark, is just donft be down there alone. Be accompanied by someone else. There is really no way you can totally prevent what can happen and it can happen. Mayor Ferre: This ordinance that has been Mr. Lloyd with all due re:;pects. Was not properly thought out. Mrs. Gordon: Well Maurice, as I said, how would you handle the multi -story garages? presented here Mayor Ferre: If I can solve half of the problems, the way I figure it, we are 50% ahead. That woman wasn't raped in a parking garage, she was raped in a parking lot. Mr. Plummer: Mr. Manager, we have instructed you to get this thing as far as the lighting underway. Where do we stand right now? Mr. Andrews: Everyone was noticed that they must complete the lighting by the 15th. Mr. Ferencik or some of his staff people are meeting this evening with the Allright Parking people who particularly operate the larger open lots in downtown Miami and I understand they know what the problem is and they are trying to be cooperative with the City and they are planning to react to it positively. Mr. Plummer: Also for the record, I would like the media to know that this City Commission did not react after the rape. This is something that the Manager and I have spoken about some 3 weeks previous to the unfortunate incident that happened downtown. I sent him a memo and asked him to please prepare to speak at that particular meeting as to what he intended to do to beef up the downtown area, so there was action before. Mrs. Gordon: You know J.L., all of us keep talking about downtown. Last night on returning from being out for dinner and around 11 at night, I stopped at 7=11 at 17th Avenue near the highway. The doors were locked. That is a 24 hour a day open place, I couldn't figure that out. I wanted to get a newspaper, I knocked on the door and the girl recognized me 54 DEC 2 -1974 and she came to the door and I said, why are you locked up? She said, we have been robbed again. Second time in 2 weeks. That is not downtown. She says there was 2 men that came in here and they were armed and they held us up and they took our money and etc. but its not all downtown. Its other places too. That's right near your house and mine. Mayor Ferre: Now look John, we have to work on this a little more so lets see if we can come '.ip with something sensible by the llth and if the Commission doesn't want to pass it then - Mx. Plummer: I am all in favor of it but it's got to be something that is workable. Mayor Ferre: John, would you talk to Plummer and to Rose Gordon and get their input and let's see if we can come up with something. DISCUSSION Ns NLWR RECENTROBBERIESAT454TH STREET 47. W, EIYWELILS Mr.Plummer: I was called by the Mayor's office who was unable to answer personally, a complaint from an individual by the ,name of W. T. Wells, your office called and asked me if I would go up and talk to him on Saturday, which I did. This man has had since June of this year, almost $12,000 worth of merchandise stolen. I called the Police Department and asked if they would like to join me in appearing up there. A lieutenant did go up„ Some comments were made again that should have not been made but more importantly, he is not concerned. His concern is that he does not feel that he is getting adequate protection in his locale. He wants immediate attention and I think it behooves your administration to get up there and discuss with the man the problems. 45 N. W. 54th Street. He said he wouldn't mind if he could get insurance but they just refused to insure him. This time not only did they steal his merchandise but they stole his truck to haul it off in so I said i'would bring it up and that you would follow through. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT: 6:25 O'CLocK P.M. ATTEST: H. D, SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK MAURICE A. FERRE MAYOR 55. DEC ? 1974 i1'V c P M'IAMI DOCUMENT INDEX MEETING DATE: December 2, 1974 ITEM N0 DOCUMENT IDENTIFICATION 1 COMMISSION AGENDA & CITY CLERK REPORT (13 PAGES) . 2 3 COMMISSION ACTION RETRIEVAL CODE NO. 0048 GRANT PERMISSION FOR THE ENCLOSURE OF THE FIRST FLOOR AREA AT 3801 BISCAYNE BOULEVARD R-74-1315 74-1315 CLOSING THE PUBLIC USE OF THE N-S ALLEY IN BLOCK 2, LOCATED BETWEEN N.W. 22ND AND 23RD STREETS AND BETWEEN MIAMI COURT AND N.W. 1ST AVENUE 4 CLOSING THE PUBLIC USE OF N.W. 21ST'TERRACE BETWEEN N.W. 12TH AND 13TH AVENUES 5 CONTRACT WITH THE INTERNATIONAL ASSOCIATION OF POLICE CHIEFS, FOR THEIR SERVICE IN ASSISTING EVALUATE APPLICANTS FOR JOB OF CHIEF OF POLICE CITY OF MIAMI 6 ACCEPT PLAN BY EDWARD D. STONE JR., FOR THE DEVELOPMENT OF BICENTENNIAL PARK 7 PUBLIC NOTICE -DEVELOPMENT OF BICENTENNIAL PARK 8 POLICY OF THE COMMISSION OF THE CITY OF MIAMI- APPOINT THE POSITION OF CHIEF OF POLICE 9 COMMISSION CITY OF MIAMI RECOMMENDATIONS TO COMPLY WITH THE ORDER OF THE UNITED STATES DISTRICT COURT CASE OF FRANKLIN COHEN,ET AL. VS. CITY OF MIAMI 10 ACCEPT COMPLETE WORK-BISCAYNE CONSTRUCTION,IN FOR THE LEGION PARK COMMUNITY BUILDING ALTERATIONS-1974 11 ACCEPT PLAT ENTITLED HALL-BELCHER TRACT, A SUBDIVISION OF THE CITY OF MIAMI 12 LEASE AGREEMENT WITH LYMAN W. HIGGS, JR. FOR THE LEASE OF THE WEST 25 FEET OF LOT 20 ST. JOHNS PARK 13 AUTHORIZE THE ISSUANCE OF A WASTE COLLECTION LICENSE TO MANUEL WHITE 14 AUTHORIZE THE ISSUANCE OF A WASTE COLLECTION LICENSE TO LA FE TRASH SERVICE 15 PERMIT TO CORPUS CHRISTI CHURCH FOR AMUSEMENT RIDES AT 3220 N.W. 7TH AVENUE R-74-1318 74-1318 R-74-1319 74-1319 R-74-1320 74-1320 R-74-1326 74-1326 0049 R-74-1327 74-1327 R-74-1328 74-1328 R-74-1330 R-74-1331 R-74-1332 R-74-1333 R-74-1334 R-74-1335 74-1330 74-1331 74-1332 74-1333 74-1334 74-1335 DOCU EN1'(N D E X .ITEM NO. 16 17 18 19 20 21 22 23 24 CONTINUE DOCUMENT IDENTIFICATION ACCEPT BID -FOR FURNISHING GUTTERBROOM STEEL FOR USE BY THE DEPARTMENT OF SANITATION'S STREET SWEEPING DIVISION TO NEWARK BRUSH COMPANY ACCEPT BID -OFFICE SYSTEMS OF FLORIDA INC- FOR FURNISHING AN ELECTRONIC FILING SYSTEM FOR USE BY THE CITY CLERK ACCEPT BID -DREW CHEMICAL CORP. FOR FURNISHING BOILER CHEMICALS FOR THE DEPARTMENT OF SANITATION AGREEMENT WITH FRANK J. COBO TO SERVE AS ADMINISTRATIVE ASSISTANT TO THE MAYOR ALLOCATE $10,000.00 FROM UNALLOCATED REVENUE SHARING FUNDS TO ENABLE THE LEGAL SERVICES PROGRAM TO CONTINUE UNTIL JANUARY 1, 1975 AUTHORIZE CITY ATTORNEY TO TERMINATE CIVIL ACTION NO. 73-788-CITY OF MIAMI V. MARJORIE E. WILSON ET AL. AUTHORIZE DIRECTOR FO FINANCE TO PAY $965,290 AS COMPENSATION IN THE CASE OF CITY OF MIAMI VS. MARJORIE E. WILSON APPOINTING COMMISSIONER J.L.PLUMMER JR. AS THE VICE -MAYOR OF THE CITY OF MIAMI TERMINATING AT DECEMBER 5,1974 THE AUTHORITY TO THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITHOUT ADMISSION OF LIABILITY - CASE CITY OF MIAMI VS. FLORIDA EAST COAST RAILWAY COMPANY COMMISSION ACT/ON R-74-1337 R-74-1338 R-74-1339 R 74-1340 R-74-1342 R-74-1343 R-74-1344 R-74-1345 R-74-1346 DECEMBER 2, 1974 Page # 2 RETRIEVAL SORE NO. 74-1337 74-1338 74-1339 74-1340 74-1342 74-1343 74-1344 74-1345