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HomeMy WebLinkAboutCC 1974-12-17 MinutesM ITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON DECEMBER 17, 1974 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK IX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO SUBJECT ORDINANCE OR . RESOLUTION NO, PAGE NO, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. / 14. 15. DISCUSSION OF COCONUT PALM BLIGHT, TREE REMOVAL PERSONAL APPEARANCE OF MR. DAVID GLASS ACCEPT PLAT - OMNI INTERNATIONAL, BRIEF DISCUSSION SEE LATER ITEM COCONUT GROVE ART FESTIVAL USE OF PORTABLE SANITATION FACILITIES, DISCUSSION AND REFERRAL TO THE CITY MANAGE PERSONAL APPEARANCE - MR. POE, PROJECT MANAGER OF CLAUGHTON ISLAND DEVELOPMENT WITH ANNOUNCEMENT OF PROPOSED PARK FOR PUBLIC USE. ACCEPT PLAT - OMNI INTERNATIONAL - FORMAL PASSAGE OF RESOLUTION EXTENSION OF WAIVER OF DEVELOPMENT OF SIX OF TWENTY- SEVEN PARKING SPACES: S. E. CORNER N.W. 5 AVENUE & 34 STREET, MR. ART GREEN WAIVER OF DEVELOPMENT OF PARKING SPACES LOTS 7 THRU 14 & 28 THRU 34 BLOCK 14, HIGHLAND PARK (2-13) ZONED STREET WIDTH - COACOCCHEE STREET FROM SOUTH BAYSHORE DRIVE TO ESPANOLA DRIVE REQUEST FOR CHANGE OF ZOIlING CLASSIFICATION - UNPLAT- TED TRACT 1728 & 1744 N.W. 15 Street Road REQUEST FOR CHANGE OF ZONING CLASSIFICATION PORTION OF LOT 17, TWELFTH STREET ACRES PLAN 3-51 N.W. 51 PI.. OBJECTIONS TO CONFIRMING ORDERING RESOLUTION "FASHION SANITARY SEWER IMPROVEMENT SR-5402 C" OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK, "SAN MARCO SANITARY SEWER IMPROVEMENT DISTRICT SR-5316-C" REQUEST FOR PERMISSION.TO DREDGE AREA IN BISCAYNE BAY BY AMERICAN DESIGN & DEVELOPMENT CORP. ADJACENT TO LOTS 53 THRU 62 BLOCK B, FLAGLER MARY BRICKELL REQUEST TO DREDGE BAY BOTTOM LAND CONTIGUOUS TO BRICKELL BAY CLUB, INC., LOTS 70, 71, 72 AND 73 BLOCK "B" FLAGLER MARY BRICKELL RECOMMENDATIONS OF 4 DOWNTOWN ZONING STUDY COMMITTEES URGING PLANNINT DEPT. TO SCHEDULE PUBLIC HEARINGS 16. REQUEST DADE COUNTY TO INCLUDE IN FEASIBILITY STUDY FOR RAPID TRANSIT A "PEOPLE MOVER SYSTEM" FOR THE CITY OF MIAMI 17. PROCLAMATIONS, PLAQUES, CERTIFICATES OF APPRECIATION 18. REPEALING ORDINANCES 7881 & 7882 WHICH ESTABLISHED "CHECK CASHING SERVICES" 19. PROHIBIT GLASS BOTTLES OR METAL CONTAINERS IN CITY STADIUMS 20. AMENDING ORDINANCE 8316, APPROPRIATIONS ORDINANCE 74-75, APPROPRIATING $5,000 FOR CONVENTION MOVIE DISCUSSION DISCUSSION. DISCUSSION DISCUSSION R 74-1348 M 74-1349 R 74-1350 FIRST READING DISCUSSION M 74-1451 M 74-1352 R 74-1353 PUBLIC HEARING DEFERRED DEFERRED DISCUSSION M 74-1354 R 74-1355 8337 8338 . 8339 1-4 4 5 5-6 6-7 7-8 8 8 9-11 11 12 12 12-16 17-18 19-27 27 28 29 29 30 ITEM NO SUBJECT 10 M I NUTES OF REGULAR MEET I NG CITY COMMISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION NO. PAGE NO, 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. AMENDING ORDINANCE 8316, APPROPRIATIONS ORDINANCE 74-75, REALLOCATING $25,000 FOR RELOCATION OF ''HE PRINT SHOP ORDINANCE CREATING DEPARTMENT OF MANAGEMENT SERVICES PROPOSED AMENDMENT OF CHAPTER 1 OF THE CODE BY ESTAB- LISHING PROCEDURE FOR AMENDMENT, REVOCATION OF CHARTE OR ABOLITION OP THE GOVERNMENT OF THE CITY OF MIAMI. ENVIRONMENTAL PRESERVATION DISTRICT, SOUTH MIAMI AVENUE, BISCAYNE BAY, S.E. 15th ROAD AND INTERSECTION OF DIXIE HIGHWAY AND MIAMI AVENUE RESOLUTION REQUESTING METROPOLITAN DADE COUNTY TO SET ASIDE 20 ACRES FOR JOINT PROJECT WITH CITY FOR TREE DEPOSITORY PROPOSED REPEAL OF ARTICLE III, CHAPTER 56 OF THE CODE DEALING WITH BUSSES AND OTHER VEHICLES ON FIXED ROUTES INSTRUCT CITY MANAGER TO SEND TO FLORIDA EAST COAST RAILWAY BY CERTIFIED MAIL A COPY OF CITY ATTORNEYS MEMORANDUM. WITH RESPECT TO LITIGATION WITH CITY AT OLD PORT SITE. AUTHORIZE CITY MANAGER TO ACT ON RECOMMENDATIONS - LATIN COMMUNITY UNALLOCATED FEDERAL REVENUE SHARING FUNDS - PUBLIC HEARING - ORDINANCE ADOPTED LATER IN THIS MEETING APPOIaTLIU ORA SWAti '110 TI1E J ICL:I". FA 4IAL COtitilTt'1:E tan nnCII NA'PIN( 1 i 't AS C11'#IRPnas01 PERSONAL APPEARANCE OF BOB KUNST TO DISCUSS RAPID TRANSIT, DEFERRED TO JAN 9, 1975 FOR DISCUSSION ORDINANCE AMENDING PAR. 1, SEC. 16-20 OF THE CODE, GENERAL CONTRACT PROCEDURE FOR EXPENDITURES EXCEEDING $3,000 ORDINANCE AMENDING SEC. 16-21 OF THE CODE - METHOD OF SECURING COMPETITIVE BIDDING ON CONTRACTS OF MORE THAN $3,000 ORDINANCE AMENDING SECTION 16-25 OF THE CODE, OPEN MARKET PURCHASES - NEW CEILING OF $3,000 ACCEPT HIGHWAY RIGHT OF WAY DEED -COCONUT GROVE BANK RELEASE MARY WEBSTER FROM FURTHER OBLIGATION, WEBSTER SUBDIVISION RESOLUTION AUTHORIZING PURCHASE BY NEGOTIATION IN LISU OF CONDEMNATION PARCEL 1537.3 CITY OF MIAMI EATON PARK EXPANSION ORDINANCE AMENDING FEDERAL REVENUE SHARING ORDINANCE APPROPRIATING $60,000 FOR TREATMENT, REPLACEMENT AND REMOVAL OF BLIGHTED COCONUT PALMS. CLAIM SETTLEMENT - FLORENCE E. HEATHERINGTON 8340 8341 DISCUSSION R 74-1356 R 74-1357 DISCUSSION M 74-1358 R 74-1359 n 74-1.360 DISCUSSION FIRST READING FIRST READING FIRST READING R 74-1361 R 74-1362 R 74-1363 FIRST READING R 74-1364 30 31 31-33 33-35 35-36 36-39 39-41 41 42 42 42-44 44 45 45 46 46-47 47 47-49 49-50 t 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA RATIFY EMERGENCY ACTION TO PURCHASE ASH TRUCK '."'RACTCE CAB FROM INTERNATIONAL HARVESTER CO. AUTHORIZE PAYMENT OF SALARIES FOR PROFESSIONAL COMPUTE - POSITIONS - POLICE DEPARTMENT ISSUE WASTE COLLECTION LICENSE - PACKED SANITATION SERVICE, INC. ISSUE WASTE COLLECTION LICENSE - RAFAEL & ROBERTO TRASH SERVICE. ISSUE WASTE COLLECTION LICENSE - GENERAL HAULING SERVICE, INC. APPOINT 6 ADDITIONAL MEMBERS TO INTERNATIONAL FOLK FESTIVAL COMMITTEE. APPOINT ADDITIONAL MEMBERS TO MIAMI GENERAL CULTURAL HISPANIC COMMITTEE. APPOINT ADDITIONAL MEMBERS TO COMMITTEE ON ECOLOGY -AND BEAUTIFICATION. ADOPT BY-LAWS OF COMMISSION ON THE STATUS OF WOMEN PROVIDE FOR SALE OF $225,000 ORANGE BOWL WAREHOUSE REVENUE BONDS ESTABLISH POLICY OF CITY COMMISSION THAT MANAGER WILL ESTABLISH SALARY LEVELS OF UNCLASSIFIED SERVICE EXCEPT ING CITY COMMISSION TO ESTABLISH SALARIES OF CITY MANAGER, ASST. CITY MANAGERS, CITY ATTORNEYS, ASST. DIRECTOR OF LAW, ASST. CITY ATTORNEYS, CITY CLERKS & EXECUTIVE SECRETARY OF CIVIL SERVICE BOARD. AUTHORIZE MANAGER TO NEGOTIATE FOR ACQCISITION OF VACANT LOT FOR MINI -PARK AT S. W. 8 STREET & 15 AVE. APPOINTING FRED HARDER TO THE RETIREMENT BOARD OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEN & PLAN ISSUE PURCHASE ORDER FOR INSTALLATION OF MIAMI SPRINGS COUNTRY CLUB SANITARY SEWER CONNECTION. AUTHORIZE DIRECTOR OF FINANCE TO PAY $374,045.89 FOR UNCOMPENSATED TIME - LAWSUIT "THORNE VS. CITY." ACCEPT BID OF PARAMOUNT CONCESSIONS FOR ORANGE BOWL PARADE RIGHTS. ACCEPT BID - 50,000 FOLK FESTIVAL BROCHURES ACCEPT BID - COVERALLS AND WINDBREAKERS AWARD BID - SIEGENDORF BICYCLE PATH AWARD BID FOR COCONUT GROVE MARINA MODIFICATIONS EXTENSION OF HOURS OF SALE OF ALCOHOLIC BEVERAGES CHRISTMAS AND NEW YEARS EVE. AUTHORIZE DIRECTOR OF FINANCE TO PAY $475,000 TO DEFENDANTS AND ATTORNEYS AND APPRAISERS IN THE CASE OF THE CITY OF MIAMI VS. MARJORIE WILSON ETAL, CIVIL ACTION 73-788 ORDINANCE OR RESOLUTION NO6 R 74-1365 R 74-1366 R 74-1367 R 74-1368 R 74-1369 R 74-1370 R 74-1371 R 74-1372 R 74-1373 R 74-1374 R 74-1375 R 74-1376 R 74-1377 R 74-1378 R 74-1379 R 74-1380 R 74-1381 R 74-1382 R 74-1383 R 74-1384 R 74-1385 PAGE. M, , 50 50 51 51 51 52 52 5' 53 53 54 54 55 55 55-58 59 58-''01 59) 59 60 60 R ;4-1386 61. s ITEM NO MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA SUBJECT ORDINANCE OR RESOLUTION NO, PAGE NO. 62. 63. 64. 65. 66. 67A. 67B. 67C. 67D. 68. 69. 70. 71. 72. AUTHORIZE DIRECTOR OF FINANCE TO REPAY TO THE CAPITAL IMPROVEMENT FUND $475,000 AFTER SALE OF BONDS FROM 1972 POLICE FACILITIES BOND ISSUE. AUTHORIZE DIRECTOR OF FINANCE TO ALLOCATE $66,635.55 FROM 1972 PARK AND RECREATIONAL BOND FUNDS ETC. TO PAY REMAINING $61,850.15 TO COCONUT GROVE MARINE PROPERTIES DISCUSSION OF POSSIBLE SALE OF LAND ON VIRGINIA KEY TO MIAMI-DADE WATER AND SEWER AUTHORITY FOR EXPANSION OF VIRGINIA KEY PLANT ACCEPT BID OF ADDRESSOGRAPH MULTIGRAPH CORP. FOR TOTAL COPY SYSTEM FOR USE BY THE FRINT SHOP. TRANSACTIONAL ANALYSIS INSTRUCTOR FOR POLICE DEPART- MENT, PROPOSED AGREEMENT WITH ARTHUR BURRICHTER. AUTHORIZE EMERGENCY PURCHASE OF FLOATING DOCKS FOR USE AT THE MARINE STADIUM. PROPOSED RETIREMENT SYSTEM AMENDMENTS PROPOSED HOLIDAY - DECEMBER 24TH ASSISTANT CITY MANAGERS - CITY MANAGER"S REPORT SELECTION OF NEW POLICE CHIEF - DECISION BY JAN. 5 RIVERSIDE CHURCH PROPERTY, USE AS POTENTIAL COMMUNITY CENTER AWARD BID FURNISHING COMMUNICATION EQUIPMENT FOR MOBILE COMMAND POST VEHICLE, ETC. DISCUSSION ITEM - MAULE INDUSTRIES FURNISHING OF CON- CRETE TO A.D.H. CORPORATION, CONSTRUCTORS OF NEW POLICE HEADQUARTERS FINAL ALLOCATION OF SOCIAL SERVICE TYPE PROGRAMS FROM FEDERAL REVENUE SHARING FUNDS. ADJOURNMENT************************************** R 74-1387 R 74-1388 DISCUSSION & DEFERRAL R 74-1389 DEFERRED R 74-1390 DISCUSSION DISCUSSION DISCUSSION DISCUSSION DISCUSSION R 74-1391 DISCUSSION 8342. ***************** 61 61-62 62-67 68-69 69 69 70 70 70 70-;1 71 72 72-73 73. MINUTES OF REGULAR MEETItfG OF THE 'CITY' COMMISSION OF MIAMI, FLORIDA * * * * * * * * * * On the 17th day of December, the City Commission of Miami, Florida Met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order at 9:00 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 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. 1. DISCUSSION OF COCONUT PALM BLIGHT -TREE REMOVAL PERSONAL APPEARANCE OF MR. DAVID GLASS meyor 'erre• ? 11?vp taken the liberty because of the concern of so many people on these blighted palm trees to invite Mother Nature's helper down here to speak to us for a few minutes and he wants to come back later on and address us again. I might, before I ask him to step forward read the Sunday editorial of the Daily Sun Reporter, Paul M. Brun. "Today when it is hard enough to find a bright spot in the news, Coconut Grove tree surgeon David Glass may just be the answer. Dub- bed the phantom Palm Cutter or the Mad Woodsman because of his overt actions in felling boight stricken Coconut Palms complete with attached memos chastising County law makers, Mr. Glass has drawn attention to the worsening palm tree sit- uation. Glass, whirling a chain saw hack, hacked its way along South Bayshore Drive in his first well publicized action. The irrate tree lover unaware of County boundaries wrongly attributed the lack of blight restriction and destruct- ion to County Manager Ray Goode's Department for lack of action when it was really City property he was sawing at. The very concern Glass has shown is indicative of one thing that has been lacking far too long in Dade County and especially in Miami Beach - that is apathy and plenty of it. Where Glass may have been better off in worrying about City or County property he could have been to take local residents to task much more easily and much more meaningfully. The tokens police rebuke and perhaps court fines facing the tree surgeon for failing to have a permit to prune, trim or cut down trees will be paid by those environmental organizations, should be paid by those environmental organizations concerned with preserving South Florida's vanishing native beauty. People who aren't willing to fight for their own area don't deserve much consideration. Take a look along the Julia Tuttle Causeway and in and about Miami Beach parking lots - the sight is pathetic. Ironically such a palm infection wouldn't go unnoticed in other parts of the world where palms probably provide more food and industry to less advanced nation than any other single agricultural product. All palms are rich in sugar as well as food value. Their building material and is immeasurable but right here where the Coconut Palm is only a symbol perhaps better known as a topping for a holiday cake or an ingredient in the tasty chocolate, the palm doesn't rate such esteem. Nature's plantings are a barometer to man's society and if the palm trees I see daily are an indicator we don't show a very good reading. I'm definitely for Mother Nature's Little Helper, David Glass. We should have more like him." Mr. Glass, would you step forward. I'm not saying here that we're here to DEC 1 1974 • • congratulate you for not abiding by the law because what you've done is against the law. But I might point out, Mr. Andrews, that in going through some of these things like the Police Department Hearings that we have had the more t read about what other communities have done there is one key ingredient to successful Police Departeients. And ybu know what it is? It isn't the Police Department it's the concern of citizens. It is the motivation of citizens, citizen action to do the job because what it is the Government can't do the job alone. I think if we have something to learn in the history of our great county is that this country has always been healthiest when the people of the country or the activists in getting things done. Now Mr. Glass has explained that there are, has explained to me that there are a million trees in Dade County and that 800,000 of them are sick and dying. Now the very same thing happened in Jamaica some years back and the Jamaican Government perhaps as Paul Brim said, because it was more important to the livli- hood of Jamaica corrected the matter and the blight is now finished in the Island of Jamaica. Now had we in government addressed ourselves to this problem when i:: started three years ago we probably could have saved a great number of this 80% of trees that are dead and dying. There is no way to save the 800,000 trees but if we don't get on with the task there is no way to finish it. I know there is an agenda item here which you can address yourself to and I'm going to invite Mr. Glass to come back at that time. But here is the point that I want to point out. If there is 800,000 trees and you chop down a thousand trees a day which is a lot of trees, it would take you 800 days to do the job and 800 days is two and a half years and a thousand trees a day, I don't know whether we could do something like that. I'm just expressing the magnitude of the task. Now rather than even at this late stage for us to say that we are just going to give up, I really think that the only answer, and this is just my personal opinion, is not going to be from government and through professional; it is too far gone now. I really think that this man ought to pay his ticket for violating the 13w, that we ought to really ask him without violating the law to head a citizen's committee and get their support - he's willing to do this for free. For goodness sakes, we go out and we pay people money and there are some people that are making money off of our misery of loosing these trees and that's alright, they're entitled to make a profit but by God, if we have a citizen's committee who are willing to go out and help these professionals and do this at their own time at their own expense be- cause they love their city and they want to save the remaining palm trees well you know God bless them and let's help them and not put obstacles up in their. way. If this man wants to go out and help do the job the government should have done and have not been able to do for whatever reasons there may be, then I think we ought to encourage him and try to get an army of a hundred people like David Glass to do the job. Mr. Andrews: Mr. Mayor and members of the Commission, there are some facts here then that you should be aware of. (1) The City embarked upon a program and participated in a program as long as two years ago. We did not want to take the drastic action of just cutting down trees two years ago. We were involved very much in the terramiacin experiments from salt crystals to injections and the City of Miami was one of the first communities in Dade County to use the terramycin. Mayor Ferre: Paul, I'm not criticizing the City of Miami for not using the Terramycin. That's not the point at all. The point is as you well know that terramycin has not worked, (2) that the job is so vast that you would have to have an army of 100 people working full time to do the job. Now we don't have the funds to do it. I'm not saying that we have been negligent. I'm saying that the job has not been done and the proof of the pie is that 80% of the trees are dying. Mr. Andrews: Yes, except, Mr. Mayor, the City of Miami and this Commission and I think it was Commissioner Plummer a year ago sponsored the resolutions that got the City of Miami underway in removing trees. We removed over 3000 trees in the City of Miami and we're planning to continue that program and we are the spark plugs of doing something. Mayor Ferre: Congratulations, Paul but that's not the point. Congratulations! I'm not saying that you haven't cut down 3000. I'm saying that there are 800,000 trees that are dying and 3000 trees won't do the trick. Mr. Andrews: The 800,000 trees are throughout Dade County, not in the City of Miami. I realize what you're saying but the impression that I'm afraid is going to be created is that the City of Miami has been very lax in this area and we have not and I recognize the magnitude of the problem as it still exists and what needs to be done. Mayor Ferre: OK, so nobody misunderstands, Mr. Glass, I want to address myself Dv, 1974 to you specifically. The City of Miami has been right up in the forefront. We've spent money. There isn't anybody who has called here who hasn't been attended. We've done our job as best we could. I repeat that's not the point though. The point is that as good as our job may have been it has not solved the problem and it isn't really our fault. You know who's fault it is? It is the apathy of the Community. That's who's fault it is and it isn't mother nature because mother nature started blighting Jamaica and Jamaica took care of their problem. But they cut down any tree that had any yellow and burned it. Now we don't have to go out and burn them, as I understand it., and technically and you can see it, logic would tell you that this disease has been spreading slowly from here up to Vero Beach or what have you then obviously it must be a contageous thing that catches on from tree to tree and I think the scientists have concluded at least this much that the disease will not go from Miami to Palm Beach without hitting Fort Lauderdale. So in other words what I'm saying is that obviously, logic would have it it must be from contact. Mr. Glass: I have a couple of things I want to say this afternoon which might help. I do want to apologize to absolutely everybody in the City government and the County government, I'll apologize to Mr. Goode in person but I do want to apologize to everybody here for seemingly ridiculing the City problems. I think that perhaps all of you people have lived in Miami just a little bit too long to see something that an outsider can see and perhaps you don't notice because you drive by the same tree everyday and perhaps you don't notice that they're turning yellow and dying as quickly as a visitor who comes down here once every year like they are starting to now, and they see all of these trees. A year ago they were all green. On your way out of here for lunch I wish you all would take a look at the yacht club next door. Their trees are a beautiful shade of yellow, every single one. This afternoon I have a couple of things I would like to say. I know that it is not anyone here's fault. You all tried as best you could. I just want to say that perhaps, maybe you were ill advised two and a half years ago and perhaps you just didn't see that the solutions you were coming up with weren't appropriate. They just weren't quick enough. Mayor Ferre: Mr. Andrews, what time will that agenda item cpme up so Mr. Glass will know? Mr. Andrews: I would suspect about 3:30 to 4:00. Mayor Ferre: Would you be hre at that time? Mr. Glass I will be here at 3:30. Mayor Ferre: A11 right, thank you very much, Mr. Glass. Rev. Gibson: Mr. Mayor, let me ask a question. I'm like you, I think you can't violate the law but I'm concerned that if this man in good conscience is trying to do a service, I'm concerned about what kind of treatment he may eventually get. Mr. Plummer: The judge will sentence him to cut down 800,000 palm trees. Mr. Glass: Thank you. Rev. Gibson: Well, just make sure that you help him to get that type of sentence. Mr. Plummer: I'll be right behind you, Gibson. Mr. Glass: I do want to ask Mr. Andrews in public so that maybe it'll work; I make a living cutting down trees for private citizens. As a matter of fact I probably charge less than anybody else in the whole city. It is only because I cut them down real quick. The police doing their duty took my chain saw and is holding it, they're holding it as evidence. Now I don't know if any of you saw it on TV but you don't need to hold my chain saw. I willingly swear at any time and you have the evidence on TV film, I want my chain saw back. At this time I'll promise not to cut down any City property for at least a week if I get my chain saw back. Mayor Ferre: You see, Mr. Glass, that's the problem, I guess is that you get that chain saw back and you're going to start violating the law again. Mr. Glass: Mr. Mayor, I have two other chain saws. I just want this particular one back. It happens to be the biggest and the best one that i have. It is used to do the bottom cut which is very important for private citizens on the estates 3. DEC 17197.1 • . 474 s 1 1 right over here. i personally cut down 72 trees in one day and l need that saw to cut down more trees everyday for these private citizens because those trees are spreading the dieeaseJ Mayor Ferre: Mr. Andrews, would you look into that? Mr. Andrews: Yes, sir but I'm going to tell you now I want to work with Mr. Glass and certainly take advantage of his energies and his interest in this area but I'm not going to publically be party to releasing that saw if he makes the claim that in another week he's going to start cutting down trees and i publically will state that I'm willing to work with him, help organize in any way but he's got to do it within the community total interest. Mr. Glass: I'm pretty certain I can get a permit from the City now. Mayor Ferre: Mr. Glasa, the point is simply this: That what you've done out- side of the law you can very simply do within the law. It doesn't take very much to be a ...and you know, that's the problem that a lot of people get con- fused about. You can do the very same thing legally. Why don't you do it leg- ally? Mr. Glass: I will apply for a permit. Mayor Ferre: Ok, if you get your chain saw back do you promise that you're going to do this legally? Mr. Glass: I promise to apply for a permit. If I get one it will be legal. Mayor Ferre: I'm sure that a citizen as well motivated that is doing something of benefit to the City at no expense to the City will certainly have the good graces of the administration. Is that an accurate statement, Mr. Andrews? Mr. Andrews: Yes, certainly. 2, ACCEPT PLAT - OMNI INLERNATIONAL BRIEF DISCUSSION SEE LATER -ITEM Mr. Andrews: Mr. Mayor and members of the Commission, I must ask you to con- sider the Omni International Project and its plat before you take up any other matter because of actions that I took. Mayor Ferre: All right. Is this the plat, do you recommend this? Does the Plat Committee recommend this? Mr. Andrews: The Plat Committee passed on the plat, we received all of the necessary signed documents except the area of the improvements which we dis- cussed with the City Commission and the most significant improvement in that group of improvements for the subdivision was the arrangements that the City was attempting to make as far as the highway work was concerned. And the agree- ment that Mr. Lloyd is working on is one which would require that Omni assume all of the costs for providing the highwork through an assessment district so that other property owners would not be involved. That is embraced in this let- ter and based on that and after polling as many members of the Commission as I was able to, I approved the plat. Now the resolution number that was assigned to that plat is this first resolution that you would adopt accepting my reco- mmendation to adopt. Mayor Ferre: All right, is there such a motion? Plummer, do you have any prob- lems with it? Mr. Plummer: The only problem I have, Mr. Mayor, is I haven't read it. Mayor Ferre: Well why don't you read it and we'll bring it up later on this morning. • 3.'000ONUT GROVE FESTIVAL USE OF PORTABLE SANITATION FACILITIES DISCUSSION AND REFERRAL TO THE CITY MANAGER Mayor Ferre: Mr. Richard , coordinator for the Coconut Grove Ar.f. Peatival. And let me see if t can cut through the timing of this. It is cxry simple. This iN a letter in reference to Mr. Art Peeby, Director of our Perks and Recreation Department for review and recommendation. Mr. Peeby hag reported to this office that four of the restrcom trailers are available for use by muni- cipalities for various functions and have been loaned out in the past with the understanding that the City involved, which is us, (1) repair them if necessary, (b) install them under the requirements of the Pollution Control Office and (c) return thin to the Dade County Public Work Shop #2. We're willing to cin that, Mr. Andrews and they need some kind of an answer today so they can proceed then the County will make them available. They've all been discussed with Al Howard Director of City of Miami Parks and he's agreed to seek the cooperation of th' City Commission. Ok? Do we need to pass a resolution on that or not? Simply what they're asking us is to repair and take care of, install and return to Dade County four of these portable bathrooms. Mr. Plummer: Well Mr. Mayor, what is that even doing before us? Why isn't the City Manager taking care of that? Mr. Andrews: I've not seen it. They have not communicated with us. .. Mayor Ferre: Well he just showed up a little while ago and said he had a problem and he had to get along with this thing. Is there any problem with this, Mr. Andrews? Mr. Andrews: The only thing I don't know is where these arP going to be located and 1 presume we would have to give approval for location of their use. UNIDENTIFIED SPEAKER: Well that is something that Mr. Howard's Office and our association will work out. Mr. Plummer: But more importantly, if these things are damaged, that your assoc- iation is going to pay for them. UNIDENTIFIED SPEAKER: This is the point I wanted to make. We'll take care of any expense involved. Mr. Andrews: Including the public liability. Mayor Ferre: Well 1r+'s not spend any more time. This is an administrative _matter. You'll take care of it PERSONAL APPEARANCE - MR. POE, PROJECT MANAGER j 4, CLAUGHTON ISLAND DEVELOPMENT WITH ANNOUNCEMENT w QF PROPOSED PARK FOR PJ181,.IC USE Mayor Ferre: Now I've asked Mr. Poe to come down here this morning because he wanted to make an announcement. He was going to make a public anaouncement before the press and I thought that perhaps it might be more appropriate for him to make it before the City Commission and then if he wants.. This is in relation to Claughton Island and I thought when I saw what he was planning to do that it would be more appropriate for it to be before the City Commission since we eventually have to approve it anyway. Mr. Poe, we're running a little bit behind time. I hope you don't take more than two or three minutes. Mr. Poe: That's all, Mayor. Thank you. I do appreciate this time and I would like to take this opportunity to announce today that in consideration of the approval of our project we are offering to build and turn over for public use a 3i acre park on the West Shore of Claughton Island. In this park we plan to build at our expense and maintain in perpetuity, a series of heavily landscaped international gardens that are each with its own region indiginous to that parti- cular part of the world in the tropics throughout the country. We think this will be a people park, a place where people can come and stroll and walk through it and enjoy this type of a passive recreation, nice places to visit, fountains, strolling, that sort of thing. I have a couple of pictures, Mayor, I would like to *show you quickly. The part pf the island that we are willing to make avail- able to the public is this western area here, as I said, 3% acres. This is in the venter of approximately 3000 feet of bayfront that we are willing to also 5 DEC 171974 411, build and Maintain for public uee as well. The drawing that we have spent the last month working on to indicate the scope is as you see here. This is the 3% acres and we have various area as the areas of the Bahamas, the orient, Mexico, the tropics Of Africa and other areas like that. It will indicate the committment of approximately 1% million dollars of our cost and we think it is a great coopliment to Bayfront Park that you now have underway. Mayor, we have appreciated the consideration'of the leadership of Miami both elected and informal. They have been•very courteous to us and we think that this com- mittment on our part as an overall part of our project demonstrates to everyone the overwhelming public benefit associated with the approval of the Claughton Island Project. We would certainly welcome, if you choose, to at some time appoint an advisory committee to work with us so that this public park and its detail can have the plant material and the various countries of the world repre- sented that most appropriately belong to this international city. Mayor Ferre: Well we're going to have a committee on ecology, and what is the name of that thing, George Acton? What is that new committee that we're going to be appointing in January? Mr. Acton: Environmental Review Board. Mayor Ferre: Environmental Preservation. Wouldn't this fit into that? Don't you think that would fit into that? Mr. Acton: Yes. Mayor Ferre: We'll have a committee that you can be working with. Mr. Plummer: Mr. Poe, let me ask you and I don't mean to brow beat you, I on behalf of the City think it's a great idea what you've done. I'm a little bit more concerned, has Claughton Island made a committment to the City to furnish space, for example, for a fire station? Mr. Poe: Yes. Mr. Plummer: You have. Because to me a park is beautiful but when it comes to saving lives I have to equate between the two, you know which one I have to go with. Mr. Poe: I understand. We have already made a committment in writing to build a fire station and to maintain it. Mr. Plummer: Ok. Thank you. Mayor Ferree Mr. Poe, I want to thank you on behalf of the City and the citizens for an enoightened approach. Now I recognize that the cinics will say "well, part of the green area that he has to dedicate anyway but I'll tell you there are ded- ications and there are dedications. You could just as easily have put green grass and a couple of trees that would satisfy the minimum requirements and what you're saying here is that you want to go beyond your minimum requirements and you want to go to the expense of, and complete beautification of 3% acres. And for that I think you are to be commended and thanked. 5, ACCEPT PLAT - O1I INTERNATIONAL JORMAL PASSAGE OF RESOLUTION !tr. Plummer: Mr. Mayor, as 1014 as, in 'act, ? understana. ;or the recor'. that this is at totally no cost to the City it is just merely a method of financing, i will vote in favor of the motion. Mr. Andrews: That is the intention. That is the purpose of this agreement to insure that they will bear all of the costs in relation to the highway district. They've committed that in this letter and signed other agreements to that affect. Mr. Plummer: Under no circumstances will they get a certificate of occupancy until all costs have been met. Mr. Andrews: Yes, sir and until the final conditions are met and that is stated in their letter also and will be in the agreement. Mr. P].t ere I'm not going to remind you of past histories but that's what I want to make sure of. 6 DEC 171974 The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 74-1348 A RESOLUTION ACCEPTING THE PLAT ENTITLED OMNI INTERNATIONAL, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, SUBJECT TO COMPLYING WITH THE REQUIREMENTS OF CHAPTER 54, SECTION 54-20, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, CHAPTER 28 OF THE CODE OF METROPOLITAN DADE COUNTY, FLORIDA, AND STATE LAW; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. EXTENSION OF WAIVER OF DEVELOPMENT OF SIX OF TWENTY SEVEN E, PARKING SPACES: S.E.. CORNER N.W.5 AVE & 34 ST. a The folio -ring ^lotion "!as introauceA Dl»m+nnr, aho moved its adoption: MOTION NO. 74- 1349 A MOTION GRANTING EXTENSION OF WAIVER OF DEVELOPMENT OF 6 OF 27 OFF-STREET PARKING SPACES IN CONJUNCTION WITH 22-UNIT APARTMENT BUILDING AT THE WOUTHEAST COR- NER OF N.W. 5TH AVENUE AND 34TH STREET. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Mr. Art Green: This Commission is constantly hearing complaints of what is wrong with the City, what goes wrong with the various departments. Let me raise my voice and place on the record just a few of the things that are right with the departments. We had great problems with this matter, trees being chopped down and Mr. Ferencik voluntarily wrote to every single tenant advis- ing them that it was against an ordinance of the City of Miami to destroy these trees. Nr. Tom Tully, the inspector was regular in his inspection and what happened here this morning would have been impossible without the help of these two departments. And I might point out too that we received a series of notices about fire extinguishers which are constantly being stolen. Chief Hickman and I got together on it on the telephone and within 15 minutes after I spoke with him he sent inspector Fernandez to my office and we worked out a manner in which we could comply with the law without the law I then called Paul Andrews and within 15 minutes and within 15 minutes Mr. Andrews had the matter in hand and when I got back to my office there was a letter from Mr. Andrews explaining how it happened and how it had been cured. And Dave Simpson, everytime I have a matter in his office is constantly helpful and I would like to have on the 7 DEC 1.71974 unnrrian IS • record the Statement that there are in this City departments that do their Work well and are unsung heroes of this administration. I just wanted that on the records. Mayor Ferre: Thank you very much, Mr. Green �WAIVER OF DEVELOPMENT OF PARKING SPACES LO I S_ 7 TyRI 14 g 28 THRU 34 BLOCK 14 HY GHLQN1) PARK (2-13) Q The fol.lnwing rpsolntiOtt waS introfince'i . ' rc !+*ies±onn±- Plum' r, •;bo moved its adoption: RESOLUTION NO. 74-1350 A RESOLUTION GRANTING APPROVAL FOR THE WAIVER OF DEVEL- OPMENT OF 44 OF 82 REQUIRED OFF-STREET PARKING SPACES, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XXIII, SECT- ION 2(6), ON LOTS 7 THRU 14 AND 28 THRU 34, BLOCK 14, HIGHLAND PARK (2-13) LOCATED AT APPROXIMATELY 1150 N.W. 11TH STREET ROAD, IN CONJUNCTION WITH PROPOSED "CONGRE- GATE HOUSING FOR THE ELDERLY", UNDER CONCURRENT PETIT- ION FOR CONDITIONAL USE AND VARIANCE; ZONED R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ZONED STREET WIDTH-COACOOCHEE STREET FROM SOUTH BAYSHORE 8, DRIVE TO ESPANOLA DRIVE AN ORDtNANCF ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE XXV, BY ADDING A NEW PARAGRAPH (136-8) REDUCING THE ZONED WIDTH OF COACOOCHEE STREET FROM 50' TO 30'. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. 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 Commis- sion and to the public. 8 REQUEST FOR RANGE OF ZONING CLASS I F I CATi ON- 9, UNPLATTED TRACT-i728 & 1744 N,W 15 ST,ROAD DISCUS,SED AND DENIED BY MOTION Mr. Stanley Caiden: My name is Stanley Caiden, I'm an attorney. I'm in dis- guise, I'm not wearing a tie or jacket. I'm one of the principals in the trans- action I hold title as trustee. Two of the other owners of beneficial interest are Dr. Gene Shelbelvin and Dr. Frank Shelbelvin. The property is an odd shaped property. If you notice the various xs on it you know the property is zoned R-3. There is a zoning regulation that any property within a hundred feet of a C-4 zone is zoned automatically R-C for office use. So part of the property under that is zoned for office use and the other part of the property is not zoned for office use. R-C zoning, of course, is highly restrictive as to use, set- backs and so forth and because of the odd shape of the property leaves the property greatly diminished in its possible use. When we went through this, the architects and the planner and so forth initially the recommendation to me was that we file for a C-4 zoning because you're allowed to file for a C-4 zone be- cause that's contiguous zoning of the property. Actually the property zoning that I desire which is less than C-4 is C-1 and even on that our purpose is to build an office building and we submitted an office building lay out, plot plans, and so forth; copies of which I have with me. The history of this is that the first time I went to the Zoning Board and showed them the plan I had at that time there were objections by the objectors who are here today and one of the objections was the matter of the setbacks that I had because because we were building right up to the lot line in front with parking underneath. We redrew the plans after I said to the Planning Board, "If you think an office building use is the proper use for this property then please defer it and let me come back and change the setbacks and see if I can meet any of the objections of the Planning Department or the planners of the City." I wasn't able to meet their objections because it is not the setback but the zoning that they object to. But this was the init- ial feeling of the Planning Board cause I said don't send me back unless you feel it is a reasonable use. I came back and at that time showed them the new plan and the plan was denied and the re-zoninwas denied even though our setback for this now shows 20 foot setback in front and sutficiunnt setback on all of the side and the closest setlack we have is just to the C-4 zone and even that is 5 foot and a setback on C-4 to C-4 there is no setback requirement so that when we set back 5 foot from a C-4 zone which is a gas station it is sufficient. Now I have some slides which I would like to show because it will speak better than the words I have as to the condition of the property. Before I show the slides I would like to tell, and I said may it please the court before - that was a slip but in a sense you are the court, as a quasi-judicial body. Basically, what you're going to see... NOTE: There folt'wed a visual presentation. Mayor Ferre: Now we'll listen to the objectors. Mrs. Keller, it is always nice to have you here. Mrs. Patricia Keller: Thank you very much and I am deeply appreciative of your efforts, Mayor, in many areas. Good morning, I'm Patricia Keller. I'm deeply concerned this morning as I am with our community. We're a community torn assunder, a victim of ecological mistakes of the past, whose zoning laws, God forgive us have been tossed aside like a rag doll not necessarily by this group but unfortun- ately this is something that has occured. I would say to this August body this is not a matter of setbacks that we're talking about today. It is not a matter of the building contemplated. Rather, it is a matter of zoning. This request for more commercialism has no legal, no moral foundation and should in all good conscience be turned down. It is not just what I say; otheres in the community have spoken up loud, long and clear. Have you a matter of record, the letter from the Allappattah Community Association? I would ask the attorney. Mayor Ferre: I haven't seen it. Mrs. Keller: I'm going to put on a new cloak here. .I'm Patricia Keller, the President of the Allappattah Community Association. I would like to have as a matter of record that the Community Association is very much opposed to any further attempt to commercialize our area, down grade our area and we are opposed to any plans to rezone to any commercial status whatsoever the property located at 1728 - 1744 N.W. 15 Street Road, Miami, Florida, unplatted. Incidently, I also own lots 14 and 15 of Park, lot 34 St. John's Park. The Allappattah Community Association has spoken on this matter and so has the community at large. I would like to submit these petitions which also state that we're opposed. These are my petitions signed by many many objections which further state that we're 9 )EC 71374 oppoeed to any downgrading of thin area. The last point: i think it is quite obvious that an office building can be built on this property. I would quest- ion the motives of the individual that is making this petition. I want to thank you very touch for listening to me. Mayor Ferre: All right, sir, is there anything else you'd like to add very quickly now because we're running out of time? Mr. Caiden: 1 don't think it is pertinent to the zoning question, however, I asked and sent a letter to Mrs. Keller and I advised her that I would give her a restriction running to her that could only be released by her or her husband to the affect that my intention was to build the office building use. I then asked her to appear either before her board of directors or her membership and in both instances I was turned down that it was not necessary for me to appear because they had already made up their mind. This property happens to be in what has been an extremely run down area over many years. The property itself was zoned business up until the late 19r0's or the early 1960's. I think the zoning was changed from B-3 to R-3 sometime around 1958. The property has been consistently used as far as property is concerned for business almost ever since even with or without a license. As recently, the person I bought it from was using it for a welding shop and part of the property as recently as two years ago and had his welding equipment and tanks stored there and when I bought the property he moved and he did not have a license but it was a continuation of business use that had been there for years. This property under public health, welfare, safety and morals has no deleterious affect on the community. If I have ever seen a piece of property that requires a change and that reasonable request can be made for, this is it. I've been in Miami for 33, 34 years and I have told her that our intention is only to build an office building. The office building plans we've prepared are such that they will fit the setbacks on a C-1 zoning and I'm still willing to give her a restriction as I gave to her in the letter which was for a period of, I think five or seven years. I recognize that it wouldn't be helpful because you can't get a conditional zoning change from the City but I can give it to the Civic Association acting through their president if and when if at any time it is changed and I did this to show my good faith and I think it is a proper use and a proper change. I want to thank you for your time. Mr. Plummer: Mr. Mayor, this is strictly a matter of zoning. I think that the lines of zoning are well established. We have a great deal of unused com- mercial property and I think that the man will just have to find a piece of property in the proper zoning to do what he wants. He can build there under a transition period and he would just have to reassemble his building to meet the requirements. Because of that I'll make a motion that we uphold the Plan- ning Board and the Planing Department. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1351 A MOTION TO DENY A CHANGE OF ZONING CLASSIFICATION AT 1728 AND 1744 N.W. 15TH STREET ROAD FROM R-3 (LOW DEN- SITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL). Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Mr. Caiden: Nay I make one quick request? Can, I've spent now about 11, 12 hundred dollars to fil a request. Because the property is zoned partially office building and I have been told since I filed this application that pos- sibly I can build this for a variance. Could I have a motion or whatever is necessary to send this back so that on the same money that I can ask for a var- iance rather than a rezoning and see if it can be handled that way? 1U DEC 171974 s Mr. Plu iser: It's not within the purview of this board. Mrs. Gordon: I don't believe there is any variance request that would be needed under the transitional use. Mr. Acton, will you re -verify that? Mr. Acton: 1 think that the applicant is speaking of the variance to the R-C yard area. In other words he would be allowed to build 100 feet from the com- aercial if it were an R-C zoning but I assume what he means is that he would like to violate the provisions of the R-C yard area provisions. Mr. Plummer: Mr. Mayor, may I suggest that the gentleman get together with Mr. Acton because I don't think it is within the purview of this Commission to waive any fees. So it would be a matter of him refiling if he wishes to ask for a variance on and beyond the transitional period. Mr. Caiden: Could the entire tract be made into an R-C zoning? Mr. Plummer: Well, you have the right to apply. Mr. Caiden: Well, I have asked for a C-4 zoning. Part of this property is now zoned.... Mr. Plummer: No, sir. Your zoning on that first 100 feet is R-3. You can en- joy if you wish a transitional use but it is not zoned that way. REQUEST FOR CHANGE OF ZONING CLASSIFICATION DENIED BY 'O, PORTION OF MOTION LOT 17-TWELFTH STREET ACRES PLAN 3-51 N.W. 51 PLACE The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 74-1352 A MOTION TO DENY A CHANGE OF ZONING CLASSIFICATION OF A PORTION OF ILOT 17, TWELFTH STREET ACRES PLAN 3 (6-117), LOCATED AT 51 N.W. 51 PLACE, FROM R-2 (TWO FAMILY) TO R-4 (MEDIUM DENSITY MULTIPLE). Upon being second 1 by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 11. G L C 17197 4 OLJECt1ONS Tfib O CONFIRMING ()WRING RI SOLO ON p, 11, PAAHION SfiNITARY SEWER.IMPRIVEMENT SR-5402 C The Mayor announced that eie Comnissi� i .:!as not^ reads to hear & r. objections to confirming ordering resolution no. 74-1267 (FASHION SANITARY SEWER IMPROVE- bent SR-5402 C). NO OBJECTORS APPEARED The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO.74-1353 A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 74-1267 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCTION OF FASHION SANITARY SEWER IM- PROVEMENT SR-5402 C (centerline sewer) IN FASHION SANIT- ARY SEWER IMPROVEMENT DISTRICT SR-5402 C (centerline sewer). (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. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT:. MAR. Gordon and Rev._Gibson 12, OBJECTIONS ark CPTNC�E gra0044PAgicT SR-5316-C SI S R The Mayor announced that the City Commission was now ready to hear objections to completed work in San Marco Sanitary Sewer Improvement District SR-5316-C. NO OBJECTORS APPEARED (AMERICAN DESIGN & DEVELOPMENT CORP.) REQUEST FOR PERMISSION TO DREDGE AREA IN BISCAYNE BAY 13. ADJACENT LOTS 53_THRU 62 RL OCK FLAGLER MARY BRI CKELL DEFERRED FOR FURTHER AMENDING Mayor Ferre: Let the record reflect since I own property next to 1901 Brickell Avenue or within 200 feet that I'm abstaining from voting and on item 11 since one of the corporations that I'm involved in owns an apartment there I'm not going to vote on this item. Mr. Plummer: Mr. Mayor, before this gentleman speaks I have proffered five things that I think should be included. I have made it in memo form: (1) the City of Miami will receive the fill for its own uses from any dredging. (2) these buildings were built before the code which required a sprinkler system to be in- stalled and I hear from the fire chief at all times we're building buildings which he can't fight fire and here I have to divert for just a minute to tell you that my trip to Bogota, a year and a half ago they had a fire in Bogota in the Avianca and not a life was lost to the fire. I think one life was lost to some- one who paniced and jumped but the reason it was secure and no loss was lost to fire was because of the fact that they could land a helicopter on the roof and everyone was evacuated. I think it would be good in this particular case that the roof would be left in such a manner that a helicopter could be landed on the roof if necessary. (3) that the'City would reserve the right if it wishes to place one of our communications'antennae on top of the building. (4) that the setbacks on the south side of the proposed docks comply with the Planning Depart- ment's requirements of setbacks and (5), the most important thing and most con- cern to the Building Department is that there be no liveaboards and be most 12 DEC 1 1974 enforceable by this CoMMission and by the Buildinl Department. I think that these ate reaeonable requests that should be addei to both items 10 and 11. Now, if you would like to proceed, sir with any comments that you have. Mr. Walter J. Mucher: My name is Walter J. Mucher. I'm construction manager for Brickell Place at 1901 Btickell Avenue. I have no comments as of this dent for the five items exept to say that they're in accordance with our petition, there is already stated as item 2 there shall be no commercial use and there shall be no living aboard vessels. Mr. Plummer: Well sir, just for the record in the problem that is incurred, let's be truthful with each other, is the policing of this ordinance that if the City has to go in there and enforce the no live aboard it usually causes all kinds of problems. We expect you to enforce no live aboards. Mr. Mucher: We will enforce it. Mr. Plummer: And you fully understand that if the City catches because this is a variance or a conditional use, if we do we're going to lift your right of that marina. Mr. Mucher: That is understood. We will police it. Mrs. Gordon: I have another point that I would like to make and just to get it on the record. The marina and all of the slips that will be part of it will only be used by persons who are living in the structures and that the entire marine operation will be not leased to any separate entities but operated by the same ownership. Mr. Mucher: Yes, ma'am, the condominium papers will be so written and also proposed at this moment. Rev. Gibson: I want to raise some concern. Have you already sold any portion of that building? Mr. Mucher: Of the building or of the marina, sir? Rev. Gibson: The building. Mr. Mucher: The buildings have 50% been sold. Rev. Gibson: Ok, let me raise this question for the benefit of all of you. If 50% of the building is sold I hope we're not now giving, you know we're saying the 50% "Ok, mayl-e you're out but the other 50% you're in". What I want to make sure is that the provision that we're making for that building is a provision that is applicable to every individual who has ownership in there. You know the danger is it is not a condominium now.... Mr. Mucher: It is a condominium. The property is a condominium. Brickell Place is being sold as a condominium. Rev. Gibson: Ok, I'm wrong. Let me do it the other way. I want everybody who has a contract to have the same provision in it so that they understand what we expect that as individual owners we aren't going to tolerate. You understand what I mean? Mr. Mucher: Not really, sir. Mr. Plummer: What he's trying to say is sir, that these will be individual owners who maybe do not have to look at this in the same manner as you do as an owner. In other words if the individual owners of condominiums say well we're not going to live up to those rights of which they made promises for, we want it understood that you will write it into the contract that these provisions will be accepted by the individual owners. Mr. Mucher: Yes, sir. It is already in the proposed contract. Mr. Plummer: About the antennaes? About the fill? Mr. Nucher: Well the antennaes no, sir. I couldn't have put that in the contract since I just found out abou it today. Mr. Plummer: Yes, I understand that but'what Father is saying is he wants it in such a manner that in fact these people will have to uphold the same promises that you're making here this morning. 13 DEC 171974 • • l 'Mr, Mother: Yes, sir, as far ae I can proci.se, sir. 1 can't promise anything. I don't know about the antennaes. 1 would have to go back to my people to find out about it but I'm sure it can be taken care of. There is no problem to that. As far as the helicopter landing on the roof I'd have to go back to my structural engineer to see whether it can take the impact of the helicopter coining down on the roof. I don't know. What I'in saying is within reason yes. Mr. Plummer: It was more concerned that an area be left vacant and not with all kinds of obstacles so that it could if in fact needed to be. Mr. Mucher: Well almost 2/3 of the roof on each of our buildings is free and clear so that anything can get down on it if the roof can stand the weight of a helicopter or the impact of such. Rev. Gibson: I want to pursue this a little further. Mr. Lloyd, 50% of this building is sold... Mr. Lloyd: What he is applying for is a conditional use and of course if that concerns this Commission you don't have to approve the conditional use. Mr. Plummer: We want to approve it but subject to these conditions. Mr. Lloyd: You may do so. Rev. Gibson: And what we're saying to you, sir is the 50% you have already sold, we want those people to be bound by. Do you understand what I'm saying? You see what I'm saying Mr. Mucher: I understand what you're getting at but Rev. Gibson: All you're doing is you're saying to one group of people "Ok, you've got to abide by this agreement." The other group says "well I've got my contract, the hell with you." We're saying that you have the added respon- sibility to go back and negotiate with those people. I'm going to say to the Commission I don't think we ought to vote to give it to you until such time that as we get that assurance. Mr. Mucher: Well, I don't see why this condition becomes part of my condomin- ium document. The actual fact is that the marina in itself is a condominium. The slips are being sold to owners of each of the condominiums and only those people who would be affected with the marina should be affected with those things. Mr. Plummer: Mr. Llc'3, isn't it,a fact.... If these conditions which we are about to place on them are not lived up to wouldn't it in fact void the con- ditional use and they would not get a certificate of occupancy for it. Mr. Lloyd: Yes, sir. Mr. Plummer: Ok. That would cover it. Rev. Gibson: I'm not going to... You know, beware cf the Athenians baring wreaths, man. You see, there is nothing to say to a man who is living in there the way we're doing this presently. Do you know what I mean? He may not have need of a slip now but what if he needs one later? I just feel like... Sir, I'm for you but I want to protect the people. Now I think that since you want us to do something you ought to be willing to do something and you are. You have demonstrated that but you know, if we ever get burned, this is the best example. When I was a child they used to have the open fire hearth and I fooled around and put my hand in that fire hearth. And you know every time I raise my hand you know what it says? If you put your hand in fire it'll burn you. Mrs. Gordon: You said the marina is going to be condominium but I want a clar- ification. Is it only available to those persons who have purchased apartment condominiums? Mr. Mucher: Yes, ma'am, part and parcel of the condominium. The contract for sale of the slip will be written the same way as the condominium document... Mrs. Gordon; A person cannot buy a condominium slip without purchasing an apart- ment. Mr. Mucher: No, ma'am. First they have to be an owner or have purchase an Apartment. 14 DEC i.71 74 • • Rev. Gibson Let Me get at My concern another way. Have you sold 50% of the canddeiniutn slips? Mr. Mucher: No, sir. We haven't sold any. We can't sell them until we get epproVal to build them. Rev. Gibson: I'm going to say something to this Commission.. Go ahead. Mr. Mucher: 'We cannot sell them until we get approval to build them and until this time that you people give us a variance we're not out selling them. We cannot sell anything that we don't have. Mrs. Gordon: Danger, in myquestioning is that if it isn't sold with the apart- ment it then becomes a commercial operation. Rev. Gibson: Right! Mrs. Gordon: And it is a leased out deal and that is not the concept as he is saying he is going to have. What he's saying he is going to have is the proper course of action in my opinion that it's only available by purchase to those people who live in the building who have purchased apartments. Mr. Mucher: And only by resale to same... It cannot be split up as separate entities, part and parcel are condominiums. Rev. Gibson: You know.... Awful dangers in that thing.... I have no objection to your dredging. I just want to make sure. you see, I want to make sure that the guy who lives in there has to be an owner of that slip and that the guy who has that slip is an owner there. That is the only way we could make sure be- cause we have no police thing, facilities to keep up with and then otherwise we get caught in a bind. I'm not going to buy it. Mr. Grimm, please stand up and say it to me today because I seem to be getting in trouble. Help me here, sir. You're with Public Works, isn't that right, Sir, as a staff help me to get out of trouble. I'm concerned. Mr. Grimm: Your concern is that the marina (1) does not become commercial and (2) that the agreements that these people enter into are binding on those people that own the slip so that there will be no live aboards, there will be no prob- lems with the City with somebody emptying sewage into the bay oven which then the City would have no direct control. Mrs. Gordon: Those people who purchased the slips with the condominiums, do they have the right to sublease their slips? Mr. Mucher: Only to persons and parties that are owners of condominiums in Brickell Place but not to anybody who is not an owner of an apartment at Brickell Place. Rev. Gibson: Ok, then let me ask this. Then why would I, Theodore Gibson live in that condominium, I have a right to the slip, to purchase. Why then would I want, I hope I don't hear what T. think I hear.... Mr. Mucher: Well I think you're going down the wrong road, sir. Rev. Gibson: I am? Ok, let me make sure I go up the right road. I want to make sure that only people living in that condominium and have deeds can acquire a slip. Ok? How many condominiums are there? Mr. Mucher: There are going to be 552. Rev. Gibson: 552 and you're going to have 99 slips. Well, let's hope... But I have some... I think my road is the right one. Mr. Plummier: Father, would it help you if we added a (6) to this list and only owners can purchase slips? Rev. Gibson; Let's ask these people who deal with that thing daily, Mr. Grimm and the head of our building department. Mr. Plummer: Mr. Ferencik, do you have any problems with that, sir? Mr. Ferencik: Sir, it would seem to me and Mr. Lloyd would tell you that this should be in a declaration of condominium so that everybody is clear exactly 15 DEC 171974 that buys one of those properties that in the declaration it clearly delin- eatee how and what can be done with those slips. I don't see how we're ever going to exercise any control really over this operation. We would have to examine every, when I say me, I'm -Not qualified to do it - documents this thick. We would have to examine every declaration of condominium that was issued in this building and if there is no provision in the declaration I don't see how the purchasers and the future repurchasers would be on notice and then supposing they don't sell all of these apartments and they start going straight out on rental on some of them because I'm sure in a declaration of condominium there is some provision in that thing that if they don't sell all of the apartments they rent some of them. I haven't read their declaration but this is customarily in these declarations. But that may not be the problem. I just think that in the declaration of condominium should be included a state- ment with reference to how, who, and what can own and use those slips. Mr. Plummer: All right, sir, are you agreeable to that? Mr. Muchers Yes, sir. Mr. Plummer: To these six items? The sixth item being added that only an owner of a condominium can be a recipient of one of the boat slips? Mr. Mucher: Yes, sir. That's our whole contention and the whole idea of our requesting the marina. Rev. Gibson: Mr. Vice -Mayor, I'm not ready to vote until such time as the legal department and the staff get together and put this thing together, man. I trust everybody, I love you. I want to help you but I just want to love all of the people so that later on they don't just come and knock me over the head and say "Gibson, you know you were a fool." Mr. Plummer: All right, Father Gibson, do I understand that you wish for this to be deferred until such time as the legal frame work can be Rev. Gibson: Sure, and you've got my conmiittment. Please, I'm on record be- cause I know, Rose has told me that we need to do something about the waterway. This is a water area, Miami is and we've got to do something about this. She's told me that, she and Plummer but I just want to make sure that, you know... Mrs. Gordon: So the records reflect, we have probably the greatest amenities in the world here in this area and that is a large amount of water frontage that we enjoy and because of the amount of water frontage it has to be made usable for the people in the proper manner. Mr. Plummer: Father, you have a motion? Rev. Gibson: My motion is that Mr. Lloyd, I don't think we ought to really make the decision today. Hopefully, we don't inconvenience you but we want you to have ample time to do what is right and fair after you have talked with the staff, Mr. Ferencik and Mr. Grimm. Sir, I'm sure you'll get together - our staff and your staff. They have the sense of it and I don't want to cast any doubt that we want to do it. Now you tell me what you can be comfortable with knowing what I said? Mr. Mucher: We'll have to get together with your legal staff and see what we can do. Mrs. Gordon: On discussion, include it in the points you've made that they in- clude that any occupant of a slip must be an occupant of the building and if that occupant who owns the slip is not going to utilize it and lease it to someone else that that must be an occupant of the building. Rev. Gibson: Right. Thereupon, a motion to defer was introduced by Rev. Gibson, seconded by Mrs. Gordon and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboot) and Rev. Gibson. NOES:. None. ABSTAINING: Mayor Ferre. 16 D C 171974 • rr}� REQUEST TO DREDGE BAY BOTTOM - LANDR 8 hUbUSRRppyy cbUB INC.) 14. DEFERRED FOR FURThERrAMENDLNG"B" FLAGLER MARY BRICKELL Mr. Piurs Mr. Forte, sir, do you acquiesce? Mr. Forte: If I May for just one second. I think that I may be going to con- fuwe you entirely right now. iMy situation is different from 1901 Brickell. He is actually selling the slips to individual people. I'm not selling the slips. I'm retaining the ownership of it ani leasing it to the owners of the condomin' ium. Mr. Plummer: Mr. Forte, the only difference is, sir that the request such as for the building of the helicopter, the antenna and fill does not come into the slips. Mr. Forte: Right. As far as we're concerned there is no problem on giving you a right to put an antenna on top of the building. There is no problem giving you the fill and there is no problem _as far as I know of landing a helicopter on top of the building as long as there is clear space and I checked it myself yesterday after I met with you on the property and there is space up there. So those items there isn't any problem. The situation comes that you're trying to protect your- self at this moment and assure the city that the only occupants of those boat slips will be the people living in the building. The only way that I know to do this is to put it into a deed and record it. This is the only way I know how to do it. Now the only thing that I can say is that since I am retaining the owner- ship of the dock I'm willing to enter into that agreement as the owner saying that those boat slips will only be rented and they're not to be sold. They're only to be rented to the occupants of the Brickell Bay Club. And I can do that because it is not part of the condominium association. Mr. Plummer: In other words you're holding the marina in a separate corporation. Mr. Forte: That is... Actually it is going to be as an individual but not in a corporate name. It will be an individual or in a corporation in which we own 100% of the stock. I'm saying that whatever name it is ;n it is controlling interest of ours of which no partners, no other people will be involved and be- fore we ever do that we can enter into whatever agreement there may to be a recordable agreement that says thtat these docks will be used and leased only to the occupants of the Brickell Bay Club. I don't know how else to solve the problem. Mr. Plummer: Mr. Lloyd, do you agree with that? Mr. Lloyd: That is satisfactory with tae Law Department. I like the idea of a recordable agreement providing Mr. Ferencik agrees that that will assist him in policing the matter. I personally am in favor of that idea. I think it is a real good idea. Mr. Ferencik: Will the management arrangements in relationship to the operation of the slips, will that be a part of the declaration or is that a part of the declaration? Mr. Forte: NO, it is not. Mr. Ferencik: Won't we keep having to change it every... future time? Mr. Forte: What would keep what from changing? Mr. Ferencik: What would keep the situation, you could sell this corporation tomorrow. Mr. Forte: If it is a recordable instrument that's what we'll keep it. Mr. Ferencik: You're going to record against each property or each tenant... Mr. Forte: No, only the docks, only the use of the docks. That property that those docks occupy, we will record an instrument saying that those docks can only be used, no matter who owns it - us or if we should sell it to somebody that recordable document must go with those docks that the only people that can use it are the occupants of the Brickell Bay Club. Now, that's not to say that you lease 17 DEC 171974 e the space to eoMebody and he sdbleases it to somebody on •.he outside that you're not going to need soMe type of policing power. Now well police it for yoU because we know what we're going to enter into but that's not to say that we can police it for the City of Miami. f mean we're not a policing agent. Mr. Plummert Mr. Forte, you're not policing it for the City of Miami. You're policing it for yourself because if you don't do it we're going to withdraw... What's right. Dig difference. Mr. Ferenciks How does the proposed purchaser of a unit in that building know that this is the situation? Mr. Plummer: When he signs the lease. The lease for the space, Paul, not the lease for the apartment but the lease for the boat space. Mr. Forte: This is clarified by the way what I told you in our documents at the moment that the dock space, proposed dock space would be under our ownership for the lease to the people in the Brickell Bay Club. Mr. Ferencik: That is in the declaration, then. Mr. Forte: That is already because that is the way it was set up when we initially started. But what I'm saying to give you the additional protection I believe that you're looking for right now, as the owner of the proposed dock, if and when they ever do be built we can give you a recordable instrument that would go along with these docks. Now how the instrument is made up or what it says the legal depart- ment can certainly take care of that. Mr. Ferencik: That is satisfactory. Rev. Gibson: Let me make sure I understand. You're saying to us "we're going to sell the condominium." Ok. That's one thing but the dock would be an entierely different thing and that the assurance we're looking for will come from this dock rather than from the condominium. Is that right? What are you saying, the people who own the dock would give us the nece:asary assurance and protection? Isn't that right? Mr. Lloyd: That is correct. You see his corporation owns the docks and they're giving leases rather than condominium ownership as the other corporation. Rev. Gibson: You will only be leasing those slips to the people who live in that condominium. You see what I mean? Mr. Plummer: Father, I think the motion would be in order subject to the present- ation of the proper documents to the City Attorney we move for approval. I think that would be the motion in order at this time. Mr. Lloyd: May I ask a question of Mr. Forte through you? Would it be inconven- ient for you to wait until January 9th so that we can properly draw this up or must you have it today? Mr. Forte: At this point with the holidays coming I don't think it would be in- convenient. No. Rev. Gibson: The sense of, so that you go away, have a good holiday and rest, you know, the sense of this thing is we're going to let you dredge but we want this thing in writing. Mr. Forte: No question about it and let me advise you that it's not as simple go out and dredge. We still have to go for State approval and the corps of engineers.. So before that would ever happen you would have plenty of time to reconsider. Mr. Plummer: Father, the motion would be that we instruct the City Attorney to draw up the proper documents to protect the City and the citizens' interest and then you move for deferment until January 9th. to The preceding motion was introduced by Rev. Gibson, seconded by Mrs. Gordon and passed and adopted by the following vote -AYES: Mrs. Gordon, Mr. Plummer, Mt. Reboso and Rev. Gibson. NOES: None. ABSTAINING: Mayor Ferre. Mr. Plummer; We'll see both of you on January 9. We're all in favor of your project, it's just a matter that we want the proper documentation. 18 DEC 171974 411 15. RE ATlUN OF 4,I WNTQWN ZONIND STUDY COMMITTEES URGI AN ING DEPT, TO SCHEDULE PUBLIC HEARINGS "l s. !!Oils Lig'titaa Pr.wat'or, • �^o'�•ei the ?i'�option of the rnr'nrt of oil to- ll port and the Master plan... Mayot ?erre: That's very nice, Mona but we can't do that. We can't make mot- ions on this . Mrs. Lighte: We can move our own report, that you adopt our own report. We recCiDend that samebody on the Commission move the adoption of our report. Mrs. Gordon: For the public records I think it would be better if you recited what your report is. Mrs. Lighte: In the Consumers and Users Committee the first recommendation that is germaned is that you immediately begin the necessary procedure to adopt the proposed zoning ordinance. Shall we do this one at a time? Mayor Ferret Yes. I have a copy of your report and I have read it. Why don't you summarize it that's What Mrs. Gordon is.... Mrs. Gordon: Yes, summarize it, Mona because these are public records. Mrs. Lighte: Dolly, would you like to do that since you were so... Mrs. Dolly Mac Intyre: We had some last minute complications getting our report together and I actually put all of the notes together. We do, as Mona said, suggest first of all the adoption of the zoning ordinance. We then make some recommendations in terms of adopting the goals that were set forth in the report improving the quality of downtown environment. We've listed several specific areas that we were concerned with. The first was safety, the second fisual en- vironment, the third services, the fourth shopping facilities. Goal two was the movement through and within downtown. We felt generally at this time that the parking facilities were less of a problem than the actual movement within down- town. We also feel that rapid transit is the key ingredient to downtown revital- ization and that a positive determination of the system and its stations is very important to the revitalization program and.that positive action should be taken rather than a wait -and -see attitude. The other thing that we felt is important is to consider the impact of increased parking and traffic movement facilities within downtown as it is related to the rapid transit system. Unfortunately we're going to have to probably force people to use the rapid transit system initially and I don't know that it is wise to make it too easy for them to continue to drive cars in the downtown. So this is an area that needs to be examined. Goal three is to increase the downtown residential development which I think we all agree is very important to the revitalization process. However efforts to achieve goals one and two will need to be well under way before the residential increase can be expected. The FAR bonus system is a viable way to encourage residential development as are tax incentives. We do suggest that the latter, however, be used only when it will not impose an additional burden on the average tax payer. We also would encourage rehabilitation of existing structures and that dislocation of residence should be kept at the barest minimum. In devising ways of encouraging residential development educational facilities and day care centers must be included as should be appropriate and inexpensive recreational and healthful opportunities for young people. We also feel it is necessary to recognise human nature and to provide for the needs of the poor and the unemploy- able. They will always be with us and we must work with that problem. Goal #4 is to increase downtown employment. As the three goals above are realized in- creased employment should follow. New development both commercial and residential should make available space for child care facilities which would be an important attraction to increasing both employees and residents to downtown. With regard to implementation og the revitalization plan, this plan of course, must be co- ordinated with all the other plans and programs at all levels of government such as the Dade County Master Plan and with the various other agencies that are con- cerned. We also feel that downtown needs a strong and unified voice. This Com- mittee felt a definite lack of such a voice particularly from the merchants. In order for the downtown plan to work there must be strong civic support from com- mercial, profsssianal,cultural development and citizen groups. A joint program for the attainment of the four above goals must be developed and carried through with enthusiasm. It would seem that the Downtown Development Authority is the proper agency to implement this. The Consumers and Users Committee feels strong- ly that the social responsibilities for developing downtown rest not only on the DEC 171974 elected officials but on all segements of the diverse population of consumers and.investors which Make Miami such an exciting place to live. Additional com- ments from this Cotte►ittee are as follows: We discussed the impact of develop- ment of offshore islands on the downtown development plan and felt that this should be developed carefully in terms of long range cause and effect. We also felt that Miand. should not attempt to duplicate the huge convention facilities of Miami Beach but that we should concentrate on smaller kincs of meeting places and smaller convention objectives with larger cultural objectives. Hotel owners should be encouraged to upgrade their facilities. Concern was expressed over the potential disaster of fire in high rise buildings. However, a review of the building code by thr Miami Fire Chief somewhat relieved us in this area. We do suggest complete support and cooperation with the Fire Department by government officials and citizens and that a fire safety education program is a must. Per- haps the utilization of fire drills in commercial and residential buildings should be studied. Building heights should be graduated with the tallest inlaid and the lowest next to the water. Our unique location on the water must be re- spected. The graduated height concept would give great visibility and avoid the concrete wall that we see along the Atlantic. Roof tops should be attractive, not just a place to put all of the ugly mechanical equipment. Preservation and utilization of historically and/or architecturally significant buildings must be part of the thinking as related to revitalization of downtown. The Miami News Building is one of the most significant examples. Preservation is less of a challenge for downtown Miami than for many metropolitan areas because before their importance is realized most of these buildings have already been destroyed. However, we must gard the few remaining ones. The enactment of an ordinance to provide protection for designated sites is an important first step. We also felt that the building that houses the Miami Public Library should be retained when it is vacated by the library and recycled as a cultural facility. Mayor Ferre: I think that you have, I've read this report before very carefully and outlined it and I think it is a very sensitive report and a very sensitive reaction to the needs. Obviously I think you have represented, you have been good advocates for consumers in your approach to the problem and I want to thank you for your work. Mrs. Gordon: I want to comend them too, Mayor. I think they have done an excellent job of presentation and summarizing the views. Mrs. Lighte: The Committee is to be thanked for that because the Committee did give input. I want to make note of the fact that we did request twice meetings with the other committees so that there would not be a duplication of material. We were not able to get together. And I particularly want to make note to the Commissioners this morning that some of the services we advocated or the sensi- tivity of the service': we advocated in this report does not mean that we though the city ought to be in the business of but that we thought that the City should create a mechanism for the use of it, particularly in child care. We're not asking for the City to go into this business but that they provide adequate opportunity for this to be done by a cooperative venture or another franchise. Mayor Ferre: I might point out, Mona, that I'm more convinced than ever that we did the right thing taking these extra couple of months and having these com- mittees function because I'll tell you we're very busy and there was a wonderful article which I'm going to send to the members of the Commission written by this guy who writes in the Herald... He's up in New York, Harris.. I forget his first name. He has a very common sense approach and George, I want to say it to you; and the title of it is called experts and it is a very simple and simplistic approach. He's saying that sometimes we pay attention to too many experts and experts don't always, they're so highly trained and so over educated that they don't, they can always tell you shy you can't do smething and sometimes it takes someone who is not as well educated to come through with a solution and then he sites several cases of where man has really advanced in his progress through the participation of the so-called participation of the non -experts who were the ones that really broke through because the experts just couldn't do it. And the point that I'm trying to make as I made to Mr. Glass this morning and that we keep on making in these police hearings is that the way you have good responsive govern- ment, in my opinion, is not necessarily dependent upon the Mayor or the Commis- sion or the administraion but on the participation of citizens boards on import- ant items. Therefore, that theory which I very deeply believe in, I want to thank you and your committee. Now Norman, now that you heard me speak against experts let me say that I'm the first to recognize that without the experts we obviously could not do .... Let me say that the other side of the coin is that obviously we depend on professionalism to make sure that we proceed with excel- lence. That is the other side of the coin. Obviously you need both the input 20 DEC 171974 of citizens and the input of professionals and it is a two pronged item and they both supplerent and help each other. Mt. Roman Gilier: Thank you, Mr. Mayor. I thought for a while that Maybe the experts weren't going to get in the ingredients at all but I see that; I think a good mixture of both as you have indicated can come up with the right answers and we want to thank you for the opportunity of allowing the architects and the professional planners to participate in this important study or review of this important study because we feel that it will have a long lasting effect on the future citizenry of our city. What I would like to do at this time is to ask George Reed who is the co-chairman of this committee to give a more detailed resume of our report after which we will furnish you with at a later date a written resume of the report. Mayor Ferre: I think that's important, Norman, that we have a statement in writing from you as we have from these other committees. Mr. Giller: We will present that to you. At this time then I would like to pre- sent George Reed who is an architect and a member of the American Institute of architects of South Florida. Mr. George Reed: Mr. Mayor, Commissioners, thank you again for allowing us to report to you today. The members of the Committee appointed by you represents a very wide background of professional expertise. Our chairman, as you know, Mr. Norman Gilier is the President of the Florida South Chapter of the AIA and has worked very hard this year to cause quality in the architectural design tak- ing place in our community. The broad range of professional knowledge repre- sented here has allowed us to approach our review from many directions with a special interplay of talent and reactions. As you probably recall the members were Rocco Pace, Alfredo Barotto, Ron Frazier, Michael Simonoff, Mr. Fraga, Orlando Toma, Wayne Williams and Mrs. Edna Mingo. To begin with I would like to thank this Commission for their wisdom in their selection of these particular consultants - Wallace, Mc Hard, Roberti and Hodd. They are undoubtedly one of the outstanding group of professionals in the country today. In fact, you may recall Mr. Mc Hard a number of years ago was one of the first to speak out nat- ionally on the probability of our destroying our planet earth through our own misuse of the environment and the ecology. Their report, the Downtown Miami Development and Zoning Plan, we believe to be essentially on target with only a few exceptions. It has strong concerns in areas never before reflected in the thinking of our city or for that part, in many other cities either. As an example of this we expecially applaude the concern for certain views and the reservation of these views. In a city such as ours it is important to reserve the view open- ings to the water since that is one of our most precious assets. There is emphasis upon street access views is an important one. It allows us to have a sense of orientation as well as a pride in a community. They have shown a great deal of sensitivity in views taken from different pedestrian levels, the different heights and the angles and all of this is an understanding of views that particularly enhance a tropical city of sunlight and shadows, parks and boulevards. Addition- ally, we are very pleased with their reaction to the need for small parks and open spaces in a growing city. Their descriptions of the requirements for open spaces of respite, visual and physical relief and opportunities for pedestrians to be more a part of the City must certainly build upon the spirit of the down- town person. In fact, if we had our wishes the committee would like to see even more of these small open spaces and carrying the idea a step forward especially as it might relate to Bayfront Park, we would like to see not only the boulevard itself more green with the retention of our famous Royal Palms but even invasion of this Bayfront Park into the fringe of the City facing it, especially at the more southern end of the park. Perhaps if the City could afford to buy Mayor Ferre's Hotel we could accomplish what Mr. Doxiadas could not - that is bring the park to the City rather than the City to the Park. And if not, Mayor, maybe at another location. Mayor Ferre: It doesn't, by the way,belong to Mayor Ferre but that's alright. Mr. Reed: Our only disappointment with the report's proposals for open spaces deals with the riverfront or rather does not seem to deal with it adequately. Again we're seeing evidence of Miami's great tention for thinking small. We feel the river walkways are far too little space, too meager in its present form and without enough relation to the properties near by. Again, we have only one side of the river being looked at. We think that now is the time to reserve south bank space where ultimately housing complexes therefore people may require it more. I would like now to react to some of the more alarming 21. DEC 171974 aspects of the report. The committee has a concern as to the new residential feasibility. We agree that getting people to live downtown is a desirable thing. It appears that most of the housing development there will be for upper middle and high income families. If so, would the present downtown businessmen move their residences there if all of the improvements are made that are suggested in the study? We've not so sure and to date no report that we know of has addressed this question. Even the new town in town concept at the ipper end of the boule- vard does not seem to be blessed at the moment since the federal government who previously funded this concept does not seem so inclined to do so now and it may be some time before they will. The committee has a concern too in regard to cer- tain types of pedestrian walkways. First, the arcades. Arcades themselves are desirable amenities in a tropical city. Nassau does this pretty well. That is covering and shading the side walk in front of a building. Our argument is in reaction to the mandatory concept, to the mandatory requirement of these in a carefully spelled out way. The report aligns them, describes their width and height and in general seems to inhibit a creative designer reacting to the same need whiclh would be the shelter from the sun, sudden rain squalls while relat- ing to the shops and stores so served. Another type of pedestrian walkway is the through block connections. These, as described in the report are probably a little narrow for through street passage. They describe 20 feet of covered if enclosed and 30 feet if open overhead. Beyond being too confining to pedestrian experience. It has been shown in the past that these breezeways have become escape routes and hideouts for criminals. Therefore, we feel that the mandatory dimensions should be enlarged Mayor Ferre: What should be enlarged? Mr. Reed: The mandatory dimensions of width for the through block passages. They are presently 20 feet for an enclosed space and 30 feet for an unenclosed space or some formula for the height of the building next to it. The Committee has a concern for the confusicn shown in the report regarding the automobile. Either the emphasis should be on cars or it should be on rapid transit. This report seems to try to do both but with neither done well. It is suggested that there will ultimately be, only its in the report, that there will ultimately be only a 6000 car parking space difference whether there is a mass rapid transit system of not. Something is wrong here that needs more study. Either that or we're about to spend an awfully lot of money on an inefficient system that won't solve the problem. Lastly, the committee 's strongest objection of all was the recommendation for a mandatory requirement to build all building walls to the street line fronting on both sides of Flagler Street and the same on one side of Biscayne Boulevard. We believe this tc be a mistake. To begin with, a little history. Ten or fifteen years ago Newyork City gave concessions to Park Avenue to site their buildings back from the streets to allow plazas and fountains and landscaping for the pedestrian. Today some planners say that was a mistake that the frontal alignment when missing allowed the street to loose its axial identity. You just didn't feel the containment of the street as you walked along it. Park Avenue is 400 feet wide. Henry Flagler never though Miami would be an important city when he gave us Flagler Street 60 feet wide. We think that for buildings in order to comply. Instead, we think it would be more appropriate for each developer and his designer to be required to address himself to the street and his neighbors and then to demonstrate this reaction to some sort of design re- view committee with the power to object. This, of course, would require much refinement for acceptance by all. The point is that we should not attempt to legislate design solutions in our zoning code book. The AIA as always stands ready to assist on this. Mr. Mayor and members of the Commission, I would like to thank you for your foresight in building a better downtown. The few concerns that you have just heard the Architects and Planners Committee believes that this will be proven to be a good first step. Mayor Ferre: I want to say on the record that I think that is an excellent re- port and I think I agree with most of your comments. Now I've also had concern about making all the people go right up to the property line because that really has a potential danger of monotony. Now I know the other argument and that's something that when we get into these hearings, I mean when we get to a public hearing which I think, I hope we'll do now in the next 30 days or so that this will all be coming out and we'll have Wallace Mc Cade down here explaining all of this. That is a very important and very controversial point and I would in- vite you and I would ask Mr. Acton that make sure that all these members of these committees be advised of when we're going to be going through this so that they can get involved in the public debate on this because that is a major point right there. That is one of them. It has tremendous impact on the future of downtown Miami. Thank you for your report. DEC 171974r 11/ Mr. Tibor Hollow (Lend Owners and Builders Committee): Honorable Mayor and industrious co Mitthe, Commissioners, I have submitted a written report a couple of weeks ago for your perusal. If it is your pleasure I'll read it to you. Mayor Ferre: Rather than read it would you just summarize the highlights of it? I've read it and I'm absolutely for it. Mr. Hollow: Thank you, I'd be very pleased to do so. Before I do so I must tell you that we had some very excellent committee members and they put in their utmost to create the report as you have as well as I must give my to the professional staff of the Miami Planning Department who have given us all the help and support that we have needed to arrive at the conclusions. Basically to summarize my report I must tell you that in your wisdom you have requested these committees to perform what I think is an invaluable report and an invaluable duty to the City because hopefully pursuant to our reports, the reports of the various committees there will be a bigger and a more profound insite to the plans and -e- ports as they have been submitted to you in the past either by Doxiades or later on now by the Wallace report. Basically our committee has found, and I'll attempt to come to the crux of the problems as we have identified. There are really two areas to give the background to the two areas at first I'm going to address myself to what is the problem that our city is currently facing and I feel that our prob- lems in the Miami area is somewhat greater than that of say Chicago, Detroit, etc. What has happened in the past two decades ostensibly the post war years, the post Second World War years is that the exodus of the populus from the core cities left the core city bankrupt. The city's tax base that was largely dependent upon its core has diminished and in some occasions completely disentigrated. Thus, you Commissioners and you as Mayor found yourself in a very compromising situation when you wanted to expound upon your tax base. Now in a large area like say Los Angeles of Detroit when this has happened the tax base still goes fairly wide and fairly well defined. Our City while we have a tremendous amount of satellite city sprouting around us and keeping us boxed in, our city is in a very small area. Actually, it extends only Let's say to 80th Street to the north. We can not expand our tax base if the core city fails. That's why our biggest import... Mayor Ferre: I want you to say that very carefully and deliberatly because Ted, that is the whole crux of the future of Miami. You're just stating it right now very brilliantly in a few sentences. Mr. Hollow: Thank you, Mr. Mayor. I gladly mention it again. The tax base of the major town in the United states largely depended let us say up til the 1950's upon its core city, upon its downtown as we colloquially use the term. This represented one of the biggestimpetus on your tax consequence. Before it dissi- pate, Chicago saw it dissipate and while Chicago too has satellite cities - Oakland park, Highland Park, Evanston, etc. - it does have a large area other than its downtown. Miami tragically does not have the large areas because Miami Shores on one side, the county, Kendall, Hialeah box our city into a relatively very small geographic area and thus if we dissipate our downtown tax base, if we loose our CBD we are left with a bankrupt city and you will find yourself in this posit- ion within the next decade. It is not the purview of my committee but we have consulted economists to tell us this and when we have arrived to various of our recommendations as you have it at yout perusal, we have considered it very very deeply. Unfortunately, we have a large small city. We cannot afford to loose, to dissipate our core area, our downtown. On the contrary, you must address your- self to expounding on it, enlarging on it and make a very very viable economic spector in this entire greater Miami area if you want to survive as a city. Now with thiw background we have addressed ourselves of how can we make this an eco- nomically viable core area and we have come up aside of the report with really two big motivations. We wanted to find out what are those elements of the core city that heretofore is nonexistent or very little existent in our downtown areas. Quickly we Were able to identify this. It is the residential section of our City, of our downtown city. We are direly lacking good residential development in our core areas and in the support areas of our core. Because it is very difficult to define what is the core area; is it the Miami River to 5th Street? Or is it really the core area from the Rickenbacker Causeway to the Tuttle Causeway? Obviously we had to define it so our committee more or less defined an area that comences from the extension of Brickell Avenue south roughly 15th or 20th Road and it goes north to about 20th Street. That would be the support and core area of our city. In these areas we are finding a tremendous lack of residential dev- elopments. Residential developments must support by any new standard of economy the tremendous developments of office space in our core cities. Without their support, residential support, we fail economically and sociologically to support our downtowns. So our report is directed and addressed itself to this problem and while we have seen, and afterall we have'to comment on the Wallace Report, while we have seen some feeble effort of the Wallace Report to promulgate some residential developments in the core areas by giving some, not too meritorious IJ►.�I �• ; �:il 'f awards for residential developers it this core ar,aas we felt that this had to be largely intensified by the professional staff but most especially by the speak heading of your commission and your Mayor. We felt in the report, as you have seen our report, that bonuses given for residential development at this time are inadequate. You can two ways promulgate the development of residential sectors ih our downtown areas. One at hand, of course, if you tell them that well, we'll give you a larger than normal floor area ratios. Now Wallace tried to do that but inadequately. Our recommendation is, I think covers the situation better. Secondly, you can possibly do what other major cities have done already is a tax to residential developments in these areas. This is one side of the problem and this is the problem to attract developers into this area that heretofore they have not been attracted to or today they don't want to come to. The second problem, however, is to get the people who are going to live in these areas to readily accept the developments, to readily come down and wanting to live and actually develop a life style into these core cities. It has been attempted to be done by some fine developers in the past. The failure of really, however, to attract the people though is of course the amenitis that the city is willing to serve to them. The number one amenity, a must amenity that our public hearing brought out very capably from various sectors of our public is security, their desire to have as close to an absolute security as possible in our core cit- ies. Once they can establish a life style whereby they do not have to worry of walking on the streets and when they can readily raise children downtown they will be wanting to come downtown. Thus, we have given you the suggestions, this commit- tee has given you suggestions how to attract developers to develop and in the re- port you will find numerous suggestions what we can do to develop amenities for the people who ultimately will inhabit those developments and we have had relatively small amounts of time to really come up and give a book full of suggestions. How- ever, I think that the life of such committees, not necessarily ours alone, should continue and these suggestions should be heeded by our City of our City wants to survive and if our downtown wants to survive as a viable economic force in south Florida. Mayor Ferre: Thank you very much, Mr. Hollow, for your report and I might say that I for one completely agree with the underlying philosophy that you're spell- ing out. In other words, let me paraphrase this this way: The City of Oakland, California is in the midst of a very major downtown expansion. The only way that they've been able to do that is by working very very closely with the private aria the public sector. It really was the public innitiative that brought the private sector in and we must remember that the private sector is motivated by profit. It is a profit motivation and developers and investors will not invest in areas unless they believe they can make a profit. It is just that simple. Now there are people that don't like that. .They don't like anybody making profits. But whether you like it or you don't that's the way our country operates and we have got to work to the direction where people feel that instead of going to Kendall to put up another development or going to an outlying where they feel a profit motive is there, or have felt in the past. Of course, this is a bad period to make any judgements but they have to feel that they can reasonably make the same kind of a profit in the core area and up until now obviously that has not happened. Now you could say well it is their fault. Well, that may be but we, the citizens of Miami, we the government pay the consequences. So it may be their fault but it is encumbent upon us to help them make the decision to put their dollars because there are not enough moneys available, federal, state or city to ever develop the city without the private sector. So we've got to do what I think, and this is criticism of our local government, what we've really been loathe or reluctant to do in years past and really reach out. Because as you know better than just about anybody else in this community as we've seen with the Omni project at Plaza Venetia, they came here almost despite us. They came here almost with a very serious concern that somehow this was not a commun- ity where they could make a profit. Now I think we've done a great deal recently to dispell that fear and I think with the way you were treated at Plaza Venetia and with the way the International City Corporation has been recently treated this very morning we accepted the plat, for example; is an indication of our good intentions. But we've got to go beyond intentions and get to the nitty gritty when we make this.... not only in Plaza Venetia but in the whole core area and I think your comments were very well taken. Mr. Hollows Mr. Mayor, thank you. I would like maybe just to underline what you are saying because I think some of the reasons go beyond a developer and beyond the fine intentions of a city and the foresight that you have manifested in these last years in trying to get our city moving. I want to give you a para- dox, an absolute nonsense that's happen;ng in our industry. Finance institutions gladly give or have sold prior to this economic crunch, gladly given to Kendall which is an hours chive sometimes, gladly give a committment on a territorial 211 � C l ry �C. 7 .11 s project not credit to even kendall yet when you approach them for a meaningful good, let's say residential development for downtown Miami, they won't even look at you. Mrs. Gordon: Tibor, please, tell me where downtown you would refer to as not be- ing able to obtain such a cor!nittment specifically. Mr. Hollow: Happily, I will point out to you. Sipposedly, Mr. Acton, do we have the plan here of the Wallace Plan? I would like :o state on the Wallace Plan there is an area, for instance set aside for housing which is 9th Street, second Avenue, Third Avenue, etc. 1 feel that I have a fairly good muscle with some of the good institutions around the country. I could not walk in and not be thrown out to those institutions if I approached them for financing for it. Mrs. Gordon: May I speak to the point? That is the reason I brought the point up. Those areas that you just delineated are exactly the areas where there is, the current zoning does not permit any kind of residential development other than a hotel or motel, of course, which would not be suitable. But apartment houses with open space with other amenities surrounding it would be and this is the reason why, and I'm sure the other Commissioners and Mayor feel the urgency of adopting this report, at least I speak for me, in principal now so that we can move forward and change these zonings so they do permit developments of residential character and I believe then the heart of the City of Miami will begin to be alive again. But until we do that, and that is the right foot that must go forward before the left foot can go forward. Mr. Hollow: Madame Commissioner, I can't agree with you more. However, I must caution you one thing. The report is inadequgtely handling the residential sector of the downtown area. I think it has to be more intense. I think you should ad- dress yourself to it and I think that we had sufficient meetings with Mr. Acton and his group and I think expressed their concern and you should intensify that sector of the report. You should give much much more incentives to developers to develop residential in these areas; and please expand the core city as you and I have described it heretofore to the support areas as well. That is very important because if we don't do that we are boxing ourselves in again to a very very small geographic area. Mayor Ferre: The point in all of this as I see it, Mr. Hollow, is that we can do things in theory that may be theoretically sound but we have to also hear the voice of the people that are directly affected. Now Mr. Hollow is a successful developer. He is a man that has handled hundreds of millions of dollars of proper- ties and projects. I'm sure that there are others like him but we're listening to him. He's the chairman of this committee. It is important, George, that we listen to the voice of the people that are going to be doing this. It may not be Mr. Hollow himself but others like him because we can theoritize all we want but until we get the balance between the Utopian concept of what we want with the reality of what will sell - you know it is great to have a beautiful design but will it sell? You see? And that's what I think that you, we've had the input now. You have some written reports from four committees. I'm more convinced than ever that we did the right t6ing. It is important that you really sit down administratively and go over these recommendations and come back with some input from the department based on the input on the recommendations of these four com- mittees. And now we really have to move along because we only have a few minutes left. Mrs. Gordon: May I ask a question, Mr. Acton? Is ther anything in the report as it is presently written that would prohibit changes, additions, deletions from that report as we go into public hearings? Mr. Acton: No. Mrs. Gordon: Is it wise, in order not to waste any further time with the imple- mentation of the renovation or renewal of downtown that we then adopt a motion today, a resolution to proceed to go forward with this report? I'm saying that we haven't accepted it yet and you've delayed the public hearings on it by the formation of the committees. I'm not saying that we shouldn't have had the com- mittees. I'm saying now committees have performed and I think the public hear- igs have to begin and they have to begin on the Planning Board level. Mr. Acton: That is exactly what the administration intends to do is to proceed with public hearings in January taking into account the Mayor's comments which I think are very relevant. I think there are very many good comments in all these reports. Yes, I absolutely agree with you that we will analyze. We've )LC 1 i'3l44 a s already started this procedure. Mayor Ferre: I hope that once we're through here that what we'll be doing is requesting that you immediately get into a public hearing. Mr. Acton: Absolutely, we intend to do this. Mayor Ferre: The purpose in all of this, I think, it is patently obvious that it isn't to hold up anything. I think what's come out of these committees is valuable. It's absolutely not only valuable but indispensable comMents that will... What they're talking about are not details. What Mr. Reed was talking about, three things that he mentioned are absolutely essential to the whole plan. So we're not talking about details here. Mrs. Gordon: Do we need to have any kind of action on the part of the Commission today? Mayor Ferre: Yes. The action is proceed with public hearings. Mrs. Gordon: All right, I so move. Mayor Ferre: I think you would want to extend the courtesy to the fourth com- mittee who hasn't reported yet. Mrs. Gordon: I'm sorry, I didn't know the fourth committee was present. Mr. Hollow: In the name of my committee I want to thank you for the opportunity to each and every one of you to hear our opinions and our input. Thank you very much. Mayor Ferre: Thank you very much, Mr. Hollow. Now the last committee, please. Mr. Acton: Mr. Crompton from the Government Committee. Mr. Charles Crumpton: Mr. Mayor and members of the Commision, I want to thank you on behalf of the committee and the committee itself wishes to thank you in this step in the right direction, we feel in going to the citizenry to get their thoughts and ideas in this and we hope that this will be something that will con- tinue as a process for all matters. i want to thank particularly the members of the committee, Reg Walters, Dick Bruse:as, Mrs. Irene Colsky, Jessie Mc Crary, Ralph Aaron, Julio Abello, Carlos Fernancez and James Daugherty who were the members of your committee and most of them met on these particular matters. Very quickly because I know your time is pressing, we as a committee in looking at these various reports felt that it was best to confine ourselves to the goals as stated in the report as well as the key action recommendations which were a part of that report. The zoning ordinance we feel ought to be adopted and adopted as soon as possible. It is a step in the right direction. It is one of the first times that benefits can be given in the way of weighing matters in assessing development via the bonus benefit process. The various public improvements that are proposed, we caution that they should go ahead but go ahead in a comprehen- sive matter. They must be related to all other matters. There's a matter of urban transit as one of the action recommendations and this includes partly the Dupont Plaza Area, that great caution must be made in playing the game, if I may use these words, of transit and automobile. You cannot have both. They cannot both be paramount. The downtown area, we feel will achieve stability via emphasis for mass transit. So therefore all the emphasis on the automobile, via the road, via parking, etc. This is not to say that it should not be recognized but I think and the committee feels that the emphasis should go in that direction. AS far as the goals we feel yes, there should be an increase in downtown employment in cer- tain fields. There should be an increase in the downtown residential development. Mr. Hollow addressed himwelf well to that particular point. I'll not amplify that. Improve the quality of downtown. This must be done and as I have indicated the movement of the people within or the movement of traffic within, through and about downtown. The capability of servicing downtown is of emphasized and touched on very very lightly in the report. Your downtown, if you cannot service it in all of its ramifications will not be able to survive. Of course, most of all people, people is downtown. The pedestrian is the buyer, the pedestrian is the customer, the pedestrian is downtown. So one must provide in a better manner than is indi- cated in the report for the pedestrian. The psychological improvement is essential to the downtown area. This it the item of security that Mr. Hollow also touched upon but we feel that the real concern must be security for the people must have a healthy downtown in order for downtown to survive. All of your goals, all of your guidelines, all of your activities that you want to achieve in downtown 26 Gac 171 J74 ti will never occur until downtown is psychologically safe in the minds of the people. We feel this is very important to the survival of downtown. We appreciate the opportunity of serving on the committee and we commend the reports to you. _ Mayor Ferre: Thank you very much, Mr. Crumpton for your words and your efforts on behalf of what i think is going to be an important move ahead. Mrs. Gordon: Can we then move then we immediately as soon as the Planning Department can set it up, set up for public hearings on the report? The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 74-1354 A MOTION REQUESTING THE ADMINISTRATION TO IMMEDIATELY BEGIN PUBLIC HEARINGS ON THE REPORTS SUBMI'1"r'ti BY THE DOWNTOWN ZONING ST'iJDY COMMITTEES OF THE CITY OF MIAMI. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. REQUEST DADE COUNTY TO INCLUDE IN FEASIBILITY STUDY FOR lb, RAPID TRANSIT A EOPLL MOVER SYSTEM" FOR THE CITY OF 1UAMl The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1355 A RESOLUTION REQUESTING METROPOLITAN DADE COUNTY TO HAVE INCLUDED IN ITS FEASIBILITY STUDY FOR A RAPID TRANSIT SYSTEM CURRENTLY BEING CONDUCTED BY KAISER ENGINEERS, A FEASIBILITY STUDY FOR A "PEOPLE -MOVER" SYSTEM FOR THE CITY OF MIAMI AS IS IMPLEMENTED IN NORFOLK, VIRGINIA; WITH THE PURPOSE OF REMOVING THE "PEOPLE MOVING" FROM THE GENERAL CONCEPT OF RAPID TRANSIT, SO THAT INDEPENDENT FINANCING, BY THE ISSUANCE OF BONDS OR OTHERWISE, MAY BE ACHIEVED BY INDEPENDENT AGENCIES AT THE EARLIEST POSSIBLE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. I 4,• -( Cs ii, PROCLAMATIONS,* PLAQUES. CEPTIEICATES OF APPRECIATION Erc. A. Presentation of Certificate of Appreciation to Benjamin Bailine. B. Proclamation of "Victoria Hospital Week" presented to C. T. Mc Crimmon, Executive Director. C. Proclamation of "Cuban physicians Day". D. Presentation of Commendation to Dr. Bienvenido M. Benach. E. Presentation of Commendations to the following City of Miami Firefighters for their heroism in the rescue of three children from a burning building: W. H. Englehard - Station #6A Gene Naples - Station #6A Bruce Stephens - Station #6A A. B. Davies - Rescue #2A G. F. Totems - Station #6A F. Presentation of letter and medal from the Mayor of Nice, France to Mayor Maurice A. Ferre by Lou Loy. G. Presentation of Proclamation for "Horace Wesley Morris Day" for outstand- ing leadership in the Dade County Model Cities Program, accepted by Mr. Israel Milton, Director Dade County Model Cities Program. H. Award of appreciation to Commissioner Rose Gordon for "Outstanding con- tributions to public awareness of Good architecture" by the South Florida Chapter of the American Institute of Architecture. • REPEALING ORDINANCES 7881 & 7882 WHICH ESTABLISHED i o 1 . "CHECK CASHING SERVICES" AN ORDINANCE ENTITLED - AN ORDINANCE REPEALING ORDINANCES NO. 7881 AND NO. 7882 WHEREIN "CHECK CASHING SERVICES" WERE ESTABLISHED; PROVIDING FOR THEIR DELETION FROM THE CODE OF THE CITY OF MIAMI; RE- PEALING ALL ORDINANCES, OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE Passed on its first reading by title at the meeting of November 21, 1974 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner REboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Vice -Mayor Plummer NOES: None. ABSENT: Mayor Ferre ABSTAINING: SAID ORDINANCE WAS DESIGNATED ORDINANCE NO.8337. 19, PROHIBIT GLASS BOTTI E. OR ETAL CONTAINERSIN Obi ANGE BOWL AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ARTICLE I, CHAPTER 39 OF THE CODE OF THE CITY OF MIAMI, FLORIDA FOR THE PURPOSE OF PROHIBITING GLASS BOTTLES OP METAL CONTAINERS TO BE BROUGHT INTO CITY STADIUMS (i.e., ORANGE BOWL, MIAMI STADIUM, MARINE STADIUM); PROVIDING A PENALTY; PROVIDING FOR ITS INCLUSION IN THE CODE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT THEREWITH; CONTAINING A SEVERABILITY PROVISION; PROVIDING FOR AN EFFECTIVE DATE Passed on its first reading by title at the meeting of November 21, 1974, was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Vice -Mayor Plummer. NOES: None. ABSENT: Mayor Ferre. ABSTAINING: The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8338. • t1 d . AMENDING ORDINANCE 8316 APPROPRIATIONS ORDINANCE 74-5 20, APPROPRIATE .$5 000 FOR CONVENTION MOYIE AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 8316 (THE APPROPRIATION ORDINANCE FOR THE 1974-75 BUDGET) BY APPROPRIATING $5,000.00 FROM THE DEPARTMENT OF PUBLICITY AND TOURISM FUND BALANCE FOR THE PURPOSE OF COMPLETING A CITY CONVENTION MOVIE; PRO- VIDING AN EFFECTIVE DATE Passed on its first reading by title at the meeting of November 21, 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: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Vice -Mayor Plummer. NOES: None. ABSENT: Mayor Ferre. ABSTAINING: THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8339 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. n 21, AMENDING ORDINANCE 8316-APPROPRIATIONS ORDINANCE %4-5 RLA1.L0cATJNG $25,OOQ FAR RgLOCATION OF THE PRINT SHOP AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 8316 (THE APPROPRIATION ORDINANCE FOR THE 1974-75 BUDGET) CANCELLING $25,000.00 OF UNALLOCATED GENERAL FUNDS SCHEDULED FOR USE IN FISCAL YEAR 1974--75 BY THE DIVISION OF PROPERTY MAINTENANCE FOR SPECIAL WORK ON PARKS AND RECREATION BUILDINGS THROUGHOUT THE CITY; REALLOCATING SAID $25,000.00 FOR THE RENOVATION OF A SECTION OF THE DINNER KEY AUDISOTIRUM BUILDING FOR THE RELOCATION AND REMOVAL OF THE PRINT SHOP FACILITIES; PROVIDING AN EFFECTIVE DATE. Passed on its first reading by title at the meeting of November 21, 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: Mrs. Gordon, Rev. Gibson, Mr. Reboso and Vice -Mayor Plummer. NOES: ABSENT: Mayor Ferre. ABSTAINING: THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8340. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. 3 U 40,4 22, ORDINANCE CREATING DEPARTMENT OF tANA Ef1ENT SERVICES AN ORDINANCE ENTITLED - AN ORDINANCE CREATING THE DEPARTMENT OF MANAGEMENT SERVICES; PROVIDING FOR THE APPOINTMENT OF A DIRECTOR; PRESCRIBING THE FUNCTIONS AND DUTIES OF THE DEPARMENT; ESTABLISHING FOUR SUBORDINATE SECTIONS TO BE KNOWN AS: THE OPERATIONS ANALYSIS SECTION, THE BUDGET MANAGEMENT SECTION, THE COMPUTER SYSTEMS DEVELOPMENT SECTION AND THE INTERNAL AUDIT SECTION; PROVIDING EACH SUBORDINATE SECTION TO BE HEADED BY AN ASSISTANT DEPARTMENT DIRECTOR; PRESCRIBING THE DUTIES AND FUNCTIONS OF EACH SECTION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH Passed on its first reading by title at the meeting of November 21, 1974 , was taken up for its second mad final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Reboso, the ordinance was thereupon given it:s second and final reading by title and passed and adopted by the following vote: AYES: Mrs. Gordon, Rev. Gibson, Mr. Reboso, and Vice -Mayor Plummer. NOES: None. ABSENT: Mayor Ferre. ABSTAINING: THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8341. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Com- mission and to the public. PROPOSED AMENDMENT OF CHAPTER 1 OF THE CODE BY ESTABLISHING 23, PROCEDURE FOF AMENDMENT,REVOCATION OF CHARTER OR ABOLITION off► OF THE GOVERNMENT OF THE CITY OF MIAMI. i.CITHDRAWN AFTER DISCUSSION Mr. Lloyd City Attorney read proposed ordinance: AN ORDINANCE AMENDING CHAPTER 1 OF THE CODE OF THE CITY OF MIAMI, FLORIDA BY ESTABLISHING THE PROCEDURE FOR THE ADOPTION, AMENDMENT OR REVOCATION OF THE CHARTER OR ABOLITION OF THE GOVERNMENT OF THE CITY OF MIAMI; PROVIDING A SEVERABILITY PROVISION, PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING AN EFFECTIVE DATE. Mr.Plummer: Mr. City Attorney would you please explain that this is not to abolish the City of Miami. Mr. Lloyd: It is not to abolish the City of Miami. The wording is included because such wording is included in the Metropolitan Charter, providing the Cities, if they wish to abolish to abolish themselves. Mr. Plummer: You fully understand we are going to abolish the Legal Department before the City, if that happens. Mr. Reboso: I move it, Rev. Gibson, I second the motion, Mr. Lloyd: There is a memorandum attached to the ordinance which explains it. 31 Mt. Plufiemar: For the record will you state your name and address. Mr. Charles Lincoln Venice: My name is Charles Lincoln Venice, resident at 2300 S. Miami Avenue for the past 23 years. What I'd like to say is, abolishing the legal department of the City of Miami, I don't think at this time is in the best interest of the City. Mr. Plummer: Sir, that was a pun, it was not the intent, ---- Mr. Charles Lincoln Venice: Are we planning to abolish the City? Mr.Plummer: No, this is merely to facilitate, to make easier Charter changes in the future as we will not have the problems we have had in the past.Read the memorandum, Mr. Lloyd. Mr. Lloyd: "This proposed ordinance amending Chapter 1 of the Code of the City of Miami is necessary to the enactment of charter changes. This is strictly a house -keeping measure, making for simpler procedure in the enactment of charter changes. At the present time it has been necessary to enact an ordinance and a resolution at different periods of time according to a strict time schedule every time a charter change is proposed, since the city has no permanent ordinance with respect to charter changes. This is simply a permanent ordinance so that at any time that the City Commission in its wisdom desires to have a charter change, they can pass or.e resolution and not have to pass a separate ordinance each time. Rev. Gibson: The wording bothers me. Mr. Venice: It bothers me too. Mr.Plummer: Father if I understand it, the problem we got into, do you recall before when we wanted to make a charter change, we got into a time bind. This eliminates a second reading. Is that correct? Mr. Lloyd: Yes, it eliminates three readings, --it eliminates two out of three readings, --two readings of the ordinance and one reading of the resolution . Mr.Plummer: Reme..ber we were scared and petrified we would not get certain charter changes on the ballot because of the time frame. This eliminates that problem. Mr. Lloyd: This is the exact phrasing of the State Statute, we copied it directly out of the State Statute. Rev. Gibson: What he is saying is, --- Mr. Venice: I think there is room for simplification so the average layman can read and understand it. It is very confusing. Mr. Lloyd:What would like me to clarify? Mr. Venice: You state there, and simplify it by stating that in the event theCity Commission finds it necessary and expedient to change the charter of the City of Miami that they don't have to consult the legal department. That is the way I inerpret it. Mr. Lloyd: That is not the intent of the ordinance. Mr. Venice: What is the intent then. Mr. Lloyd: Mr. Mayor, should I explain this over again? Mayor Ferre: Sure, ----- Mr. Lloyd: The intent of the ordinance is to have one permanent ordinance to enable the City when it wishes pursuant to the appropriate State Statute and the County Charter, to amend the City Charter. At the present tine, in the absence of a permanent ordinance, every time the City desires to amend its charter and propose an amendment to go on the ballot, for the voters to decide, they have to pass a separate ordinance. Then they have to pass after that, a resolution, and this provides for a permanent Ordinance; so you won't have again to provide for an ordinance every time you want a Charter change. Mr. Venice: The explanation is beautiful, then all we need to do is state on the top, the intent is, an ordinance amending charter, and with that 1 rest. Rev. Gibson: Mr. Lloyd and Mr. Mayor, I have difficulty, you see every time you talk about the abolition of the government of the City of Miami, I get troubled and worried. There is no way in the world unless you write in the record that that is not what you mean, ---- Mr. Lloyd: To avoid confusion, do you wish me to withdraw this ordinance and you want to do it by ordinance every time? It does not make any difference. Rev. Gibson: No, that is not the way you get things dones. If I am sitting up here and dealing with government every day, and I have difficulty, you know what the laymen out there who isn't dealing with it, must have. So I am saying this thing here, disturbs me, abolition of the government of the City of Miami, ---- I always remember Bill Baggs, the late Bill Baggs. Bill Baggs went to a lawyer to draw his will, and the lawyer was telling Bill Baggs,---Bill said, I think I know something of the King's English, and what I want can be written more simply than that. All I am saying to yau, there ought to be a way, down in there you ought to say you don't mean the abolition of the government of the city of Miami. Mr. Lloyd: If you wish we can put an additional phrase in the whereas clause, but if you look at the ordinance, you will note Father, that it is explained, in the first explanation clause, which is the whereas clause, - it says,'Whereas Sec. 5.03 of the Home Rule Charter of Dade County establishes the procedure for the adoption, amendment or revocation of a municipal Charter, or the abolishment of the government of a municipality' now that is what Sec. 5.03 of the Metropolitan Charter does do, and this ordinance is simply designed as I have said to provide in Sec. 1, it says ' The City of Miami may adopt, amend or revoke its charter or abolish its existence by one of the following methods, whether you pass this ordinance or you don't pass this ordinance, this procedure remains that you may do it by virtue of Sec. 5.03 of the County Charter. If you don't want to have this you don't have to, ----- Rev. Gibson: Let me say this, I want to make sure everybody understands me, I think we must be very careful about the abolition of any government and it might well be that you need two of three sleeping at night, and I am not about to do that hastily and hurriedly. Mr. Lloyd: We can just withdraw it, that is all. Rev. Gibson: I have seen too much of this City just dwindle away, go and go and go, and I am very, very careful. Mayor Ferre: This ordinance has now been withdrawn, so let's get back to the 2:30 agenda, Item 18. 24. Y►1RQ A BAY, , S.E. I FT T pR MIAMI AVENUE OADANDIINTERSECTIONTOF DIXIEAHIGHWAYIANDYNE Mayor Ferre: Any objectors on this item. The Planning Advisory Board on a 4 to 2 vote recommended for the application of environmental preservation district for this area. There were no objectors at that time, the Planning Department recommended approval. Are there any objectors? Unidentified person: I don't have an objection but I do have a question perhaps which may resolve the matter without objection. 1 represent the owners of Brickells Flagler 5-44, lot 45, blks B and subdivision lands 1617 Brickell Avenue. The question that I have been asked to present to you is, will this resolution in any way deprive the owner of the right to build up to the extent of the area permitted by the zoning resolution 33 Mayor Ferre: Mr. Acton you'd better listen to this. Unidentified person: That is the only question I want to get settled. If it does not do so, the appropriate language perhaps should be put in, that it is without prejudice to the right of the owners to build up to the full extent of the zoning permitted. Mr. Acton: This does not deprive the owner of an/ parcel of land that is designated in environmental preservation districts, development rights as outlined in our zoning ordinane. All it does do is to extablish a review Board that would work with a particular owner and architect or developer in trying to preserve those portions of the site which are deemed desirable due to their environmental significance. I might mean in some cases for instance that the Board and the developer might request a variance which allowed in our zoning ordinance as a result of consideration of the development potentials for a particular site. This ordinance in itself does not deprive the owner of property of development rights. Unidentified person: Perhaps it's sufficient except that it is not clear in my mind as to whether or not this Board does have legal authority to prevent building operations, by its own decisions. Mayor Ferre:Let me answer that question, the only one that can determine that is a judge and a court. If it ever goes to a court, they will determine the legality of this resolution that has been passed by the Commission.We can't decide the legality of it, we legislate; we don't determine legality, ---- Unidentified person: --except that a resolution can be adopted which is so clean in its language on the subject that it would guide both administrative employees and officials as well as the builder. Thank you. was . Mr. Plummer: Judge Dubbin, I am trying to remember what your complaint Rev. Gibson: This compalint is answered. Judge Dubbin: My complaint was based on two points, first, I didn't like the concept because it is bureaucratic,but that is a matter for you gentlemen to choose, the second was that the piece of property which I am involved in, No. 13 �n the map, does not fall within the criteria of this ordinance and ought to be eliminated. The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 74-1356 A RESOLUTION APPLYING ENVIRONMENTAL PRESERVATION DISTRICTS TO SPECIFIC PARCELS OF LAND WITHIN AN AREA OF THE CITY OF MIAMI, BETWEEN SOUTH MIAMI AVENUE AND BISCAYNE BAY, S.E. 15TH ROAD AND THE INTERSECTION OF DIXIE HIGHWAY AND SOUTH MIAMI AVENUE, AS PER EXHIBITS "A" AND "B" ATTACHED HERETO, AND AUTHORIZING THE BUILDING DIRECTOR TO INCLUDE SAID PARCEL ON THE OFFICIAL MAP OF ENVIRONMENTAL PRESEFVATION DISTRICTS MAINTAINED BY THE BUILDING DEPARTMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. 3 it Et L Mr. Acton: Mr. Mayor, before you commence, there are individuals in the audience representing different groups are here to speak, if you would allow them a brief periof Rev. Gibson: Would you stand and tell us who you are Alan Serkin, representing the Sierra Club, we are in a number of that I know of time. please? favor. Thurston Hatcher, representing the Florida South Chapter of American Institute of Architects, that got a letter from the Chapter to you and didn't trust the mail getting it here in time. Rev. Gibson: Will you please submit it to the Clerk? Ted Schumey, Coconut Grove Civic Club , we also have a letter supporting it, which we would like to submit for the record. Roy Collins, I am president of Fla Chapter American Site also have a letter. Mrs. Gordon: May I ask the Clerk to furnish us copies of at a letter date? Landscape Architects, these letters Dave Sinclair, I represent the Florida Nurserymen and Growers Assoc. Teresa Walsh: Just for the record I am Teresa Walsh I reside at 3115 Brickell Avenue, my home is within the environmental preservation district designated 44-4, I am all for it. Mayor Ferre: Mrs. Gordon: of the tree bank. Mayor Ferre: Mrs. Gordon: Thank you Mrs. Walsh, May I bring up a wetter of vital concern , it is the establishment How long will it take? About 2 minutes, -- RESOLUTION REQUESTING METROPOLITAN DADE COUNTY TO SET ASIDE 25. TWENTY ACRES rOR JOINT PROJECT WITH CITY FOR TRH DEPOSITORY Mr. Plummer: Why would we do this? Mayor Ferre: it is a request on our part that Dade County join us in implementing a tree bank area, setting aside 20 acres. Mr. Plummer: I thought I heard from our administration that we had the need for the trees on our own property. Mrs. Gordon:May I explain Mr. FLummer so there will be no confusion in the request, The request is to utilize lan: that is presently being titled with the Port Authority, because the land in that particular area is very fine for the growing of young trees, as I understand, and I am not a horticulturist. But the area is not suitable for building and Dade County bought it, for the purposes of clearing all residents off the land. This makes an ideal use of the vacant land. The A.I.A. met in committe and,I was with them, and the location was sdlected because it was away from water frontage, which has a detrimental effect, salt water has on the growing of small trees. Mr. Plummer: Just a bank, ----we are not giving the trees away? Mrs, Gordon: No, the trees will be depositied there and then moved to some permanent site later on. Mayor Ferre: No further discussion? Call the roll, e3 J DEC The following resolution was introduced by Commissioner Gordon who coved its adoption: RESOLUTION N0. 74-1357 A RESOLUTION REQUESTING METRO, AS A JOINT PROJECT WITH THE CITY, TO SET ASIDE UP TO TWENTY ACRES OF PROPERTY OWNED BY DADE COUNTY FOR THE ESTABLISHMENT OF A TREE DtPOSITORY; AND AUTHORIZING THE PROPERTY OFFICIALS TO CONFER WITH DADE COUNTY OFFICIALS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. Mrs. Gordon: I would like Mr. Thurston Hatcher if there is anything he would like to add to that tree bank, since it is the A.I.A.'s project. Mr. Hatcher's statement inaudible. Mrs. Gordon: This is to set up first if Dade County will cooperate with us and in the next session we'd have to go into details of how. 26, PROPOSED REPEAL OF ARTICLE III1 CHAPTER 56 OF THE CODE DEALING WITH BUSSES AND OTHER VEHICLES ON FIXED ROUTES WITHDRAWN AFTER DISCUSSION Mr. Andrews: Mr. Mayor and members of the Commission, you do not have an ordinance before you at this time. This public hearing is called so that the City Commission can hear from the public depending on the City's intentions to eliminate this portion of the City Code. This would deal with that area and which Mr.Pino and others made application for their permit to operate buses within the City of Mlami. This does not affect the code covering jitneys and taxicabs. There is one area that you should be aware of that I have not fully evaluated and it is one relating to the people movers which you had asked about. I do not have an answer for you and the City Attorney will, based on the Commission's direction today, if it wishes, look into the problems that might occur, if any should occur, as result of the elimination of this portion of the City Code as relationship to people movers, so that we dont inadvertently create a problem in the future by the elim ination of this section of the Code. Mayor Ferre: There is a section of our Charter which we are having a public hearing on today, ----of the Code, I beg your pardon, ---Chapter 56 which deals with mass transportation and that is the area that Mr. Pino made his application. When Claude Roth and the other people that came before were here to discuss this item, and they were against, not necessarily what Mr.Pino was doing in that particular instance of carrying people from Miami to Hialeah, but the possible extension in the future and requests on Mr. Pino and other people's parts, to render this kind of service, that would conflict with Metro- politan Transit Agency, it was thought that the possible solution was to delete that section of the code which gave us permission to take his application in the future into consideration, so that in effect we would eliminate any potential problems in the future, now, ----which is good and I understand the purpose of, but we are now in the midst of trying to implement possibly with Dade County or if not with Dade County, on our own, some kind of a mass transit system within the core city, and the problem is that if we eliminate this portion of the code we may in effect be doing ourselves irreparable harm, as regards that potential 36 D C ] 2197,s direction that we want to go, so what I recommend is, that we continue this public hearing until the Law Department has sufficient legal information to give us a clear answer as to whether or not we are in effect cutting, ---you know, spiting our face, --- Rev. Gibson: Mr. Mayor I am cpposed to it. I feel the time has come if what we are asked to do, if it is contrary to the best interest of all concerned we ought not do it, but we ought to retain the right that if we want to run a bus line, we ought to run it, and man, this cripples us, and I don't plan to give away one thing that would make this city effective in its operation. I would rather face the music of doing that which is right, doing that which is best for the city. If give a bus route, ----any individual or company, to transport people to Hialeah, is not in the best interest, then I am prepared to stand right here and say not we are not going to do it, but I don't want to be put in the position that then we have to go begging, so look, we want you to run this line. I feel like we ought to be in a position if the line is necessary to get the people in this city from point to another and we have that right in the charter, let's do it. I move you sir, now what is needed, you tell me, ---- Mr. Andrews: Mr. Mayor and members o:` the Commission, then perhaps if you arrive at a basic policy decision, among the commission that you do not wish to have this portion of the Code removed, you need not take any motion or anything, we won't pursue it any further and we will drop it right there. them? Mrs. Gordon: There are people called here for a public hearing, can we hear Mayor Ferre: Who wants to be heard on this item? Mr. Claude Rolfe: I think Father Gibson had the wrong idea, it is not trying to take anything from the City, we are trying to get mass transit in Dade County, instead of the City and County working together. now every individual decide he wants to put something in, once you get in, and you try to get the federal money in to get the mast transit, then you got to turn around and buy him out and it cost you twice as much. That is what the average one is trying to do, get in so they can tie this federal money up, and you've got to buy them out. You are talking about trying to save money, you are fixing to cost yourself three times as much. You take the D line on the Beach, a few years ago there was just a few dollars behind them, now they want a quarter of a million dollars for a piece of paper. The sam e thing with Coast Cities Coaches, you pay $60,00O. for that for just a piece of paper, no equipment, just a piece of paper saying they won't operate out there no more. When you get these other jitneys in, they are going to expect the same thing when you try to put the mass transit through there, buy their certificate and they won't operate and they are making a killing on you. Rev. Gibson: Let me respond, I am not disagreeing with you, I am saying we need to stop where, --so we don't get in the position, that the people could do us, the very thing you are pointing out. I believe we should not give up a right we now have, by Charter. Okay, ---I think we ought to set about a course, knowing this can happen, and may happen, you are voicing that concern, that we ought to now say, look, we aren't going to let anybody sell us a piece of paper, so we are together. I don't think we ought to be put in the position that if it is for the best interest of all the people later on, that we would have up a tool. Mr. Claude Rolfe: You are not giving up anything when you keep it for yourself, you need it, you use for yourself, but don't give it to a private individual --- all I am asking you to do is stop giving certificates to the private individual when they want to start a jutney service. If the City wants to start their own, that is the government. When people have to start buying these pieces of paper and all of us are paying for it. Mr. Bob Kunst: My name is Bob Kunst, 2773 S.W. 34th Avenue., I came here today to speak on another element of rapid transit and it is interesting this came up and I'd like to throw some points to you. I think to get hung up over private enterprise vs. government to see who is going to rip-off the people the most, is very innocuous kind of thing at this point. The question is, people need the service and they need it now, and it is going to be even more dramatic within another month when we have gas rationing again. How are you going to deal with it then? It seems to me this is very germane to the entire fuel crisis that is hitting this country that by January of February we are going to he rationing gas. It is simple as that. People's modes of transportation are gong to change 37 • over night. Blue Dash will be filled, and the bus system that exists now will be filled, but will not be able to handle the people. It may cost you a few extra dollars in the long run, but you are providing the services that are important now. I want to throw that into perspective. I don't think it is an issue of giving up power, or maintaining power. If you had the means right now to run a jitney service and were willing to commit the funds and the man power and everything. I that is dynamite, go and do it, but you haven't made that commitment yet and here you have a man Mr.Pino, and I don't know what his operatics is, but I am just throwing it out that he has something and a commitment, that he is ready to put people and machinery on the streets right now, to commute x number of people that the county is not meeting its obligation to do, and I am very much involved in mass transit '.sere and I have written at least 6 major reports and I have one short one to present today. I know where the county's concept of masei transit and what the community's needs are are very far apart. I urge you to give the people first consideration and not get into a hassle over private enterprise vs. government. If someone is willing to do it, do it. Mayor Ferre: Thank you Bod. Mr. Charles Lincoln Venice: I am Charles Lincoln Venice 2300 S. Miami Ave. The Mass transit probleMis very delicate. I have experienced private enterprise trying to run bus service in communities and it becomes disastrous after a while through lack of proper maintenance of equipment even though the requirements in their contracts or permits a license requirement to maintain it, there is very exagerated negligence on that part to comply, and they get away with it. I thint; it is the responsibility of the City of Miami to provide trans- portation for the citizens. Now, the Metro Commission I understand took over the city transportation we had,(if I am incorrect, I wish to be corrected) --we got rid of these buses, they went to Metro, what happened to the old buses, were they sold, did private enterprise buy those old buses, recondition them and plan to put them into operation under a permit or license? Why couldn't we do that? Now, private enterprise is not going to operate at a loss, they are going to operate at a profit. The taxpayers are going to be paid for it indirectly, why can't the City of Miami take those buses and put them on the same routes that are required. I really can't see private enterprise going into public transportation, ----it hasn't worked anywhere. The operation becomes very inefficient, they have break -downs, wrecks through lack of maintenance, and becomes disastrous. In most of the municipalities nation-wide the records show that the city was compelled to take over mass transportation for municipalities and cities and what -not. What do we want to make the same mistakes that other municipalities be required to correct. I can't see it. If there is mone:r required for gettinf; the necessary buses for transportation of people that they are entitled to, let's provide the funds for it, but let the City control it. We had very good service with the city transit system. The Metro buses are doing well, but when you get into the field of private transportation, you are going to have a sad experience, and I can say that. I would like you gentlement to reconsider that. Thank you. Mayor Ferre: I understand that is the last public speaker on this. Is there anything else to be heard on this item or any motions or actions need to be taken by any member of this Commission? Mrs. Gordon: We don't have to take any if we are not going to make any changes. And if we are going to bring this back for reconsideration, we can do it at any time, without motion. Is that correct? Mayor Ferre. That is true except that this is a public hearing for that purpose. Mr. David J. Reynolds: My name is David J.Reynolds, Executive Secretary of the M.T.A. I would urge you always to consider that we are not going to solve our transportation problems in this area except on a Metropolitan level, that we can't do it on a piece -meal level and if you remove this ordinance from your books, you will no longer be troubled with kind of applications that plagued you in the past, and you still have recourse to coming to Metropolitan government and making them provide the kind of service you think you need. Mayor Ferre: The problem is we haven't found that to be too, --with all due respect to Metropolitan Dade County, which greatly respect, --we just haven't found 38 • that to be too propitious, or fruitful. Mr4 Reynolds: Mr. Mayor I think we are ,ioing a fairly good job, Mayor Ferre: I am not talking about you, I am talking about the very complicated and large governmental structure called 'Metropolitan Dade County' and We find it sometimes its very difficult to get through, and therefore perhaps I think, what I am getting out of the sense of what has been said here today is that we have, ---true it is a Metropolitan problem, just like for example so are Day Care Centers, and After School Centers a Metropolitan obligation, but in our vision of things sometimes we have an obligation to do some of these things on our own. Mr. Reynolds: I think you must admit we are addressing this problem with a dedication and it isn't being kicked aside and we are working on it every day to solve this problem. Mayor Ferre: There is no question that you are putting forth yeoman efforts to solve the problem. The question before us really is, whether or not the City of Miami is ready at this point to abdicate any in -put into the whole idea, and I think we are at a time and stage in our attitude towards our selves, and towards government that we really want to wait and see. We have given up enough things for now. Mrs. Gordon: May I ask a question Mr. Mayor,__ Mr. Manager will you refresh us all, how did this get to be a public hearing? Who called for this to be on the agenda. Mr. Andrews: When we were in the process of making a decision, ---when the Commission was in the process, of the Pino case, the question came up, well, why are we into this area, how did this application come before us, or should we be in this area, and one of the solution to not having the Commission involved in this area, was to take under consideration the removal of this particular section of the Code. Mrs. Gordon: This was your recommendation to put this on a public hearing. Mr. Andrews: Yes, ----- Mayor Ferre: As far as I am concerned, this public hearing is now over unless anybody wants to make any motions. 27. INSTRUCT CITY MANAGER TO SEND TO FLORIDA EAST COAST RAILWAY BY CERTIFIED MAIL A COPY OF CITY ATTORNEYS MEMORANDUM WITH RESPECT TO_ LITIGATION WITH_ CITY AT OLD BQBT SITE, Mrs. Gordon: Mr. Mayor I have a short item, but very important item, to the City. We received a memorandum from,Mr. Lloyd advising us about the City of Miami vs. Florida East Coast R.R. Company case being settled, that it is concluded with regard to any further litigation as to the fill. Is that correct Mr. Lloyd? Mr. Lloyd, City Attorney: Yes, that is correct. Mrs. Gordon: Now, I sent a memorandum to Mr. Lloyd on the llth asking him this, whether the Florida East Coast R.R. may extend the non -conforming use of the existing land at Biscayne Blvd. at approximately N.E. 7th St. to the area that is presently being filled. This bothered me because I recall about two or three years ago we changed the zoning from industrial to C.-1 which is a neighborhood commercial classification, not permitting a barge type of operation and the answer I received today from Mr. Lloyd reads "The answer to your question is in the negative. The City of Miami comprehensive zoning ordinance no. 6871 Art. 28 Sec. 3,2 is very explicit as to the extension of the non -conforming use of land. The Ordinance provides as follows, 'such use shall not be expanded or extended in any way either on the same or adjoining land. It is therefore clear that the Florida East Coast R.R. cannot extend its non -conforming operations onto the filled lands nor can it expand to any of its presently existing property. The reason I bring this to your attention at this time is because I would • 39 r'lr by way of a Motion to instruct the Manager to send a copy of this memorandum to Fla. East Coast and to be sure they receive it, send [t registered mail so they know they cannot move their barge operation in any way shape or form, they cannot build new buildings onto it, and that any alteration to existing structures are limited to 25% of its present size, so I therefore move, ---- Mayor Ferre: Is there a second to the motion ---I might under discussion add the following, --I have sent a similar memorandum to the City Attorney. It gees a little further into this, and I want explicitly to know what zoning ri„nts each property has, No. 1 and No. 2 the possibility of zoning roll -back, and the legal ramifications of how we are empowered to do that, NO. 3. to the administration, the item of sufficient set -backs along Biscayne Blvd. and how we can implement set -backs and require them to landscape the area, NO. 4, a question of trash, maintenance of cleanliness of the area which I think we have some responsibility and authority to implement and lastly, the question of -- two other things, that the courts have already approved the taking of certain properties and I want you to bring up a full discussion at the next commission meeting whether or not --since we have been authorized to take some of that property by the court, and that is not a bone of contention, that we should proceed with the taking of those properties. As I recall there about two filling stations and a site where the Holiday Inn was going to go, and some other things that we can take immediately. There is no question about that. We might proceed in those takings right away. And lastly, there was the question of whether or legally we are better off to implement a new law suit, or whether or not since you have already used the new law in your brief to the Supreme Court this past summer, if we wait out the Supreme Court, and the legal ramifications of both directions. I understand you have been in conversation with the law offices of Mr. Dan Paul and other prominent attorneys in this community to help guide that decision. And I hope all these subjects can be brought up in January for some kind of Commission discussion after they have been thoroughly researched and properly studied. Mr. Lloyd: They will be by that time Mr. Mayor properly studied and we will have some suggestions for you. We are proceeding in line with those instructions. Mr. Plummer: The only question I have, wouldn't it be smart to wait till we have it all together. Mrs. Gordon: No, because I want to explain to you why you must immediately notify them of this. See. they do not know I don't believe that that they cannot extend their operation and if we don't put them on notice and put them on notice rapidly, then we are negligent in our duties. By sending them this letter which is a memorandum of our law department, we can further action on other items at a future date. Mayor Ferre: I think it is important beside sending them that memorandum which is fine, Mr. Andrews, that you draft this and couch it in a letter form so, --with a cover letter saying we are going on record and letting them know. Mrs. Gordon: Right. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 74-1358 A MOTION INSTRUCTING THE CITY MANAGER TO SEND TO THE FLORIDA EAST COAST RAILWAY COMPANY BY REGISTERED MAIL A COPY OF THE CITY ATTORNEY'S MEMORANDUM WITH RESPECT TO ITS LITIGATION WITH THE CITY OVER FILL AT THE OLD PORT SITE 40 Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L.Plummer Mayor Maurice A. Ferre NOES: None. 28, • LATI N COMMUNITY v N AUTHORIZE CITY MANAGER TO ACT ON RECOMMENDATIONS The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1359 A RESOLUTION CONFIRMING RESOLUTION NO. 74-1056 AND AUTHORIZING THE CITY MANAGER TO REQUEST THAT DADE COUNTY DEPARTMENT OF TRAFFIC AND TRANSPORTATION IMPLEMENT THE RECOMMENDATIONS PERTAINING TO ONE-WAY STREETS, ANGLE PARKING, PARKING RESTRICTIONS AND LEFT -TURN POCKETS; THAT THE OFF-STREET PARKING AUTHORITY STUDY THE REASIBILITY OF CONSTRUCTING PARKING FACILITIES AT CERTAIN LOCATIONS, EXPAND METERED PARKING IN COMMERCIAL AREAS, AND INCREASE ENFORCEMENT OF PARKING REGULATIONS; AND THAT THE METRO TRANSIT AGENCY STUDY THE FEASIBILITY OF REROUTING EASTBOUND BUSES CURRENTLY USING SOUTHWEST SIXTH STREET, AS CONTAINED IN THE SUMMARY OF RECOMMENDATIONS ATTACHED (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner REboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commi •Aoner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre 41 NOES: None. ti • L. 40 UNALLOCATED.. FEDERAL 'REVE UE H RING FU S PUBLIC HEARING 29, APPEARANCE OF SEVERAL PERSONS REQUESTING FUNDS d MOTIONS FOR ORDINANCE ADOPTED LATER IN THIS MEETING iti The City Cotimtission heard requests from several organizations requesting funds from Unallocated Revenue Sharing Funds and after much deliberation motions Mere Made to fund those request as set forth in Ordinance No. 8342 adopted later in the Meeting. 30, APPOINTING NORA SWAN TO THE BICENTENNIAL COMMITTEE AND DESIGNATING HER AS CBA1RPERSON The following notion was intzo,luce'. by 'favor ' orre, :rho rove' its adoption: MOTION NO. 74-1360 A MOTION APPOINTING NORA SWAN TO THE BICENTENNIAL COMMITTEE AND DESIGNATING HER AS CHAIRPERSON OF SAID COMMITTEE. Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Mayor Ferre, Mr. Reboso, Mrs. Gordon and Mr. Plummer. NOES: None. ABSENT: Rev. Gibson PERSONAL APPEARANCE - BOB KUNST To DISCUSS RAPID TRANSIT o`�i 1, DEFERRED TO JAB 9, 1925 FOR DISCUSSION A Ur. Pan. Munst: I •'oult3 line to raa a state-ent which I ga•-e ••o.i a copy of. By providing a convenient and rapid means of transport for a major portion of Dade County's population the rapid transit system will be able to affect the pattern of land development at both the Metropolitan and local levels. The changes and the relative assessability of land adjacent to the corridors and the stations has a potential for shifting development demand from one area to another or from one parcel to another. It can attract new development, intensi- fy existing activities or provide opportunities for redevelopment or emphasize no growth at all. New development, however, may or not be consistent with exist- ing or planned land 'zses so appropriate land use regulations will have to be adopted to protect the areas along the corridors and the stations from undesir- able changes. Development or no development involve the following: Potential changes in neighborhood land use patterns, adverse air, water and noise impact on surrounding neighborhoods from station related activity primarily auto and bus traffic, the ability of stationaries to become focal points of community activity such as locations for schools, libraries, clubs, health care, day care facilities, etc. Higher intensity for residential and/or commercial activities, corridors and stations as catalysts for neighborhood redevelopment, corridors and stations with open space and no development, stationary and corridor con- flicts with existing neighborhood movement patterns, pedestrian bicycle, auto and bus. The visual and aesthetic compatability with development and existing positive developments of neighborhood character, harmonious and efficient use of corridor and station land use resources through development controls and dis- ruptions, primary and secondary displacements of residences and businesses and the affects. of management of speculation of rights -of -way and associated problems resulting from rising property values of station areas along the corridors. A11 of that brings us to the last paragraph which is the key. To prevent land speculation along the corridors and surrounding station areas which protect all the communities and all the people's interests, I urge this commission to adopt a moratorium on land development and land purchasing within a two block radius along both sides of the corridors as prescribed in milestones III and V. Zoning must be tightened. The above 11 points and reco- mmendations on preventing speculation provide a complex frame work within which rapid transit and its associated development must be placed with minmum• adverse impact especially during these economically difficult times and with maximum inter- action to produce desired benefits for the developers and the whole community. We maximize assessability to employment, commercial, residential, recreation and service activities which encourages optimum use of valuable resources and minimized disruptions of natural and human environment as well as encouraging public trust L ... � 7 L7 in the governmental institutions that are interest. Let this commission resolve to case master transit system and not repeat county and around the country where a few one's expense. Now the reason I brought this up at this time is that milestone I, and I've been involved with this thing now going on for two years and especially with the rapid transit program fdr the last eix months. Milestone I came out in June. We had our first public hearing with Metro Commission only two weeks ago. It has taken us that long. This is Milestone V. This is part one of two volumes and this is the most crucial thing that is happening right now. The first public hearing began yesterday and I'm on my way to Allappattah now to have to deal with the second one. What is very very important is that by the time this infor- mation is released, and it will be, the land developers can go and rip up this territory like nobody's business and we have no protection at all in terms of how to actually have land use control that meets the benefits of the developers and the community. We may want to set, for example, building heights. We might even want to be able to develop entire new areas that are modular in the sense that people don't have to go to extremes like urban sprawl and what have you. So the questions of'this kind of a resolution is designed so that whatever plans come out with are coordinated and not one city is going in one direction and the county is going in another direction and South Miami is doing something else but the City of Miami is taking a lead to protect the peoples' interest and that is the purpose of this. It is very important that we get your confirmation now and that's why I had to come like this. I'm sorry. supposed to protect the communities lend its support to building a show - the errors we've experienced in this special interests came first and every - Mayor Ferre: Ok, Bob. Not at all, and I'll tell you, I apologize to you because you happen to be one of the most intelligent activists in this community and sometimes I'm sure you're frustrated. I'm sure you are because you go to all of these things and you speak and sometimes you think people aren't listening. I want to tell you that we may not pay attention but we're listening. "-. Kunnt: hell T_ !^.ot:ld annre.: fo i * if vr.n rvnnl.ri nav attention this time too. Mayor Ferre: Seriously, now, in a serious vein Bob, I think you have a very valid point. Tonight is not the night to discuss it. Now if you want we'll schedule it on one of these future Commission Meetings and go into it in more detail. Mr. Plummer: Bob, really this rapid transit and corridors and things of this, we the City don't have any input into that except as it exists in the City. Mr. Kunst: That's only what I'm talking about is your part in the City. Mr. Plummer: Ok. But what I'm saying is at the last time that I heard any valid type of situation put forth they weren't sure where the corridors were going. Mr. Kunst: I can tell you that at last night's meeting we spent three hours in the Gables Forum, District 5 discussing exactly where the corridor was going in our area. First of all, we re}ected the S.W. 8th Street Corridor and chose Flagler Street. We took Douglas Road Corridor which would probably be on the east side which is the Miami territory and of course, the F.E. C. Mr. Plummer: Yes but Bob, the point I'm making, the Metro Commission has not in fact yet voted and said here's where it is going. Mr. Kunst: Exactly. That is the whole paint. Mr. Plummer: All right. And until that day is concerned there is no way that we can immobilize a person's property. Mayor Ferre: J. L., look this was going to be a three minute item. It has now taken 8 minutes. I understand your point and I would... Would you schedule this, Mr. Andrews. Mr. Kunst: I sent a letter to Mr. Plummer: Get on the January 9th because the way it is going, Bob, you and I know it's not going to be a definite thing before the 9th of January. Mr. Kunst: Ok, except the first general meeting of all seven districts is this Saturday which is going to make most of its recommendations which is going to 43 J r! • be publish*d in the newspapers which is going to give all of the developers all the inside on what is Mrs. Gordon: But they're not approved. They're just recommendations. Mr. Kunst: But it carries a very heavy weight. Mayor Ferrer This is a very important item and you can't just slip through it in 10 riniates. So schedule this, Mr. Andrews, on January 9th for a full Commission discussion. Ok? Mr. Kunst: Ok, and can I justask your consideration, I don't know how to write it in a resolution form or anything so if you might want to give consid- eration to what could be put in the resolution.... Mr. Andrews: I don't know if we need a resolution because the Commission just wants it on the agenda for discussion. Mayor Ferre: Well, it is discussion but what he's asking is for us to take a position officially on this. Mr. Andrews: Well, when you do that, Mr. Mayor, in all due respect you can do it by motion which can be converted into a resolution.because then you'll hear all of the argument and come to a conclusion. h 3Z, ORDINANCE AMENDING PAR,I,SEC,16-20 OF THE CODE 0 CONT GENERAL RA .T PROCEDURE FOR EXPENDITURES FX�FFi1TNf $ ,000 a 111.T opnrNAmem ruTT'TT.Pn- AN ORDINANCE AMENDING PARAGRAPH NO. 1, SECTION 16-20 OF THE CODE OF THE CITY OF MIAMI ENTITLED "GENERAL CONTRACT PROCEDURE FOR EXPENDITURES EX- CEEDING FIFTEEN HUNDRED DOLLARS", BY ESTABLISH- ING A NEW CEILING OF THREE THOUSAND DOLLARS FOR GENERAL CONTRACT PROCEDURES; ELIMINATING THE NECESSITY OF THREE COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Gibson and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. 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 Com- mission and to the public. 44 • ORDINANCE AM i.I NG SEC , .lb-21 OF THE CODE, MFTHnn (IF SECURING COMPETI_ IVE BIDDING ON CONTRACTS _Ointo"aN • AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 16-s1 OF THE CODE OF THE CITY OF MIAMI ENTITLED"METHOD OF SECURING COM- PETITIVE BIDDING ON CONTRACTS FOR MORE THAN THREE THOUSAND DOLLARS; EXCEPTIONS", BY REQUIRING ADVER- TISEMENTS FOR A CEILING BID FOR CONTRACTS FOR MORE THAN FORTY-FIVE HUNDRED DOLLARS; ELIMINATING THE NECESSITY OF THREE COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Gibson and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. 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 Com- mission and to the public. 34, ORDINANCE AMENDING SECTION lb-25 OF THE CODE OPEN _MARKET PURCHASES NEW CE11.ING OF S3,O& d AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 16-25 OF THE CODE OF THE CITY OF MIAMI, ENTITLED "OP]:N MARKET PUR- CHASES", BY ESTABLISHING A NEW CEILING OF THREE THOUSAND DOLLARS ON OPEK MARKET PURCHASES; ELIM- INATING THE NECESSITY OF THREE COMPETITIVE BIDS; PROVIDING AN EFFECTIVE DATE. Was introduced by Commissioner Gibson and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: Ncne. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Co 35, ACCEPT HIGHWAY RIGHT OF WAY DEED•-CISA MuT GROVE BANK 40 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1361 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY COCONUT GROVE BANK ON SEPTEMBER 10, 1974, CONVEYING TO THE CITY OF MIAMI A COMBINED TOTAL OF AP- PROXIMATELY 1,454 SQUARE FEET OF LAND CONTAINED IN A CONTIGUOUS, MEAN-4-FOOT WIDE STRIP ALONG THE SOUTHEASTERLY SIDE OF LOTS 36, 37 AND 38 OF DAY GROVE TERR., AS RECORDED IN PLAT BOOK 9 AT PAGE 180, AND OF TRACT 1, HOUSER SUB., AS RECORDED IN PLAt BOOK 28 AT PAGE 50, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AND DIRECTING THE PROPER OFFICIAL OF THE CTY OF MIAMI TO RECORD SAME IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. p. 36, RELEASE MARY WEBSTER FROM FURTHER OBLIGATION J w 0. WEBSTER SUBDIVISION The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1362 A RESOLUTION AUTHORIZING RELEASE OF MARY WEBSTER FROM FURTHER OBLIGATION TO THE CITY OF MIAMI UNDER HER AGREEMENT DATED SEPTEMBER 21, 1973, TO CONSTRUCT ASPHALTIC CONCRETE PAVEMENT, REMOVAL OF EXISTING PAVEMENT, GRADING AND SHAPING STREET SHOULDER, ONE STORM DRAINAGE STRUCTURE, REMOVAL OR RELOCATION OF THIRTEEN TREES AND LANDSCAPING AT WEBSTER SUBDIVISION; AND AUTHORIZING THE RELEASE OF THE PERFORMANCE BOND IN THE AMOUNT OF $15,600.00 EXECUTED BY MARY WEBSTER, AS PRINCIPAL, AND THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND, AS SURETY, TO GUARANTEE THE COMPLETION OF THE ABOVE MENTIONED IMPROVEMENTS; AND AUTHORIZING THE ACCEPTANCE OF A NEW AGREEMENT EXECUTED BY EMIL J. GOULD, AS PRINCIPAL, AND A NEW PERFORMANCE BOND IN THE AMOUNT OF $17,600.00 EXECUTED BY THE CONTINENTAL CASUALTY 46 DEC 171974 COMPANY TO GUARENTEE THE COMPLETION OP THE ABOVE MENTIONED IMPROVEMENTS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. RESOLUTION AUTHORIZING PURCHASE BY NEGOTIATION IN LIEU OF 37. CONDEMNATION PARCEL 1537.3 CITY OF MIAMI EATON_ PARK EXPANSION The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1363 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL N. 1537.3 OF THE CITY OF MIAMI EATON PRK EXPANSION, AS DESCRIBED HEREIN, FOR THE SUM OF $38,300; AND ALLOCATING $40,000 FROM THE 1972 PARKS AND RECREATIONAL FACILITIES BOND FUND TO COVER THE COST OF ACQUISITION OF 4EE SIMPLE TIME TO THIS PROPERTY AND OTHER COSTS INCIDENTAL TO THE ACQUISITION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 38, ORDINANCE AMDN,FED,RV.SHAR.ORD. APPROPRIATING $60,000 FOR TREATMENT, REPLACEMENT AND REMOVAL OF COCONUT BLWHTED PALM TREES An ordinance amending the Federal Revenue Sharing Funds Appropriation Ordinance by appropriating from the $60,000 designated for street sweep- ing operations the sum of $35,000 to be used for to treatment, replacement and removal of blighted coconut palsm, was presented for the consideration of the Commission. The following discussion occurred: P. W. Andrews, CityManager: Let me tell you what this ordinance will do. We had originally established sixty thousand dollars for street 47 DEC's. it. s sweeping. We have gone back now, and feel that it is far more important -- we still rant to improve the streets, but we feel that it is far more im- portant to continue the program of removing these streets from the public right of way. This thirty-five thousand dollar reallocation will be divided into two parts; a contract for twenty-five thousand dollars to continue the same kind of contract we had in the past where we will cut down trees. Ten thousand dollars to be provided for the purchase of new tree stock to begin a wholesale replacement program wherever we can within public rights of way particularly. Mr. Plummer: The only thing that bothers me there is if we allocate twenty-five thousand it isn't a drop in the bucket. Here is the point I am trying to make. We have purchased a lot of equipment through the windfall of federal revenue sharing. Isn't there some way that we can devise to do it within and get twice as much for our dollars as we can from contracting it out to a private concern? Mr. Andrews: Mr. Grimm (Director of Public Works) is just advising me that three cranes, as part of the equipment that you are speaking about, should be here in another two or three weeks. However, even with those cranes, and with this twenty-five thousand dollar contract, which I would want very much to see you do this, in addition to the three cranes --I might as well tell you -- and I hope this is off the record so the press doesn't print this --the Fire Department and the Park and recreation department, during the hurricane Betsey, which was I think in 1965, by purchasing chain saws and some other equipment, did a fantastic job in the City in clearing trees out of the City. They are getting themselves organized right now to find out how we can use that manpower that is available to us and the equipment that we have, plus the arrival of the equipment that Mr. Grimm has mentioned to me, to put on a City wholesale program plus contra tors, plus volunteers like Mr. Glass, to see what we can do about cleaning out all of the dead trees in the City in the shortest possible time. Mr. Plummer: Wouldn't we be smart to hold that twenty-five thousand in reserve until you get that program, rather than get an outside contractor? We are only talking about three weeks before our equipment comes in. Mr. Andrews: I don't want to rely just on our program. I think it is smart to go ahead and spend this money this way. We think we can get a contract for about fifteen dollars per tree, as we did in the past in the City of Miami. We can only hope to about match that through the City efforts, so we are not losing anything. This is expenditure of dollars, and you would spend it on street sweeping if you didn't spend it this way. This is more important. Mr. Plummer: I am just scared that it is just a drop in the bucket. By the way, I want to tell you something. You peole sent me down to Bogota looking for coconut grees. I'll bring back and swim all you can find at an eighty-seven hundred feet elevation. There are no coconut trees in Bogota, you dummies. Mr. David Glass: I only want to take up a few minutes of your time. Mr. Plummer: Did you get your chain saw yet? Mr. Glass: No. I do want to say that if you have your inspectors, whoever has been painting threse trees with the red marks during the last two years --if you have them look at the trees, you have eighty per cent. of your trees lost. You can't afford to wait three more weeks. You can't afford to wait another day That is why I stayed here all day waiting for this chance to say it. In six months you won't have any healthy trees in these city. The only thing I am saying is, you have to get volunteer work help now. You have to take people off of cutting grass. Let the grass grow. Have them cut down trees. You have to get every single bit of help you can get, and have them take down the trees. Speaking about when you had the hurricanes, that you had firemen working, you should have them work, everything. If you have a campaign for six months you can have every- thing done. You are still treating trees with terramycin and everything else. Take a look at the results. Mr. Plummer: May I make a suggestion here. Instead of taking up the time of this Commission right now, where you can see we are at least making an effort, why don't you sit down with Mr. Howard (Director of Parks Dept), who is in charge of the City's direction on these trees. Make your suggestions to him. 4b iti;:'et Mt. G1nba: I tried to call for three weeks. He doesn't even answer the 'phone for Me. Mr. Eovard: I had a discussion with you yesterday, Mr. Glass. Mayor Petra: You know he is going to come here again. Would you talk to him? And on a positive vein. He is a promotor of good citizenship on an ac- tivist basis; an why don't you legalize him, so that he can go chop trees legally that you mark out, and that helps us. Mr. Glass: I do want to say that I think that for two and a half years you have been experimenting, or your people have been experimenting. Do you have any results to show on a positive v'.in for two and a half years? Mr. Howard:Yes. Fifty per cent. of the trees'injected are still living: Mr. Glass: Eighty per cent. of them are dead. Mr. Howard: Nn they are not. Eighty per cent. of them are not dead. But I'll meet with him. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 8305, THE FEDERAL REVENUE SHARING FUNDS APPROPRIATIONS ORDIANCE, BY APPROPRIATING FROM THE $60,000 DESIGNATED FOR STREET SWEEPING OPERATIONS THE SUM OF $35,000 TO BE USED FOR THE TREATMENT, REPLACEMENT AND REMOVAL OF BLIGHTED COCONUT PALMS Was introduced by Commissioner Gordon and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: . AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1364 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO FLORENCE E. HEATHERINGTON, WITHOUT THE ADMISSION OF LIA- BILITY, THE SUM OF $3,750.00 IN FULL AND COMPLETE SETTLEMENT OF HER CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES SUSTAINED BY HER, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS • 49 DEC 1974 39, CLAIM SETTLEPENI - FLORENCE E. HEATHERINGTON (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Up3n being seconded by Commissioner Gibson, the resolution was petaled and adopted by the following vote: AYES: Commissioner Hanoi() Reboso Commissioner Rose Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 40' RATIFY EMERGENCY ACTION TO PURCHASE ASH TRUCK TRACTOR CAB FROM ll�1TERNATLONAL HARVESTER CO. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1365 A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE CITY MANAGER IN APPROVING AN EMERGENCY PURCHASE OF AN ASH TRUCK TRACTOR CAB FOR TRUCK NO. 1964, AND AUTHORIZING AND DIRECTING THE PUR- CHASING AGENT TO ISSUE A PURCHASE ORDER TO INTER- NATIONAL HARVESTER COMPANY, MIAMI, FLORIDA, IN THE AMOUNT OF $2,683.51 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 41. �SITRia PAYMENT OF SALARIES FOR PROFESSIONAL COMPUTER Q r 1-PQLICE DEPARTMENT The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74- 1366 A RESOLUTION ALLOCATING POLICE AND CRIME PREVENTION BOND FUNDS IN THE AMOUNT OF $130,000 TO FUND SIX CIVIL SERVICE POSITIONS FOR A PERIOD OF ONE YEAR FOR THE DEVELOP- MENTAL ASPECTS OF THE COMPUTER BASED INFORMATION SYSTEM FOR THE COMPONENT OF THE MIAMI MODERN POLICE DEPARTMENT PROGRAM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson 50 Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. L; I. i I i o• 6 42, ISSUE _WSTE-COLLECTION LICENSE.- PACKED SANITATION SERVICE INC. The following resolution was introduced by Commissioner Gibson. who moved its adoption: RESOLUTION NO. 74-1367 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO PACKED SANITATION SERVICE, INC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: ' Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 43. ISSUE WASTE COLLECTION LICENSL- RAFAEL & ROBERTO TRASH SERVICE The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1368 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO RAFAEL & ROBERTO TRASH SERVICE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. ti 44. ISSUE WASTE COLLECTION LICENSE= GENERAL HAULING SERVICE I NC I The following resolution was introduced by Commissioner Gibson, who moved its adoption: P ESOLUTION NO. 74-1369 A RESOLUTION AUTHORIZING THE ISSUANCE OF A WASTE COLLECTION LICENSE TO GENERAL HAULING SERVICE, INC. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Counnissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 51. • ♦ 45, APPOINT 6 _.ADDTL.MEMBERS- JNTEINATI ONAL _ FOLK FESTIVAL The following resolution wIs introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1370 A RESOLUTION APPOINTING SIX (6) MEMBERS TO THE INTERNATIONAL FOLK FESTIVAL COMMITTEE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. • 46, APPOINT ADDTL MEBBERS- MIACII GENERAL CULTURAL HISPANIC COMMITTEE d The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1371 A RESOLUTION APPOINTING SIXTEEN (16) PERSONS TO THE GENERAL CULTURAL HISPANIC COMMITTEE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 47, APPOINT ADDTL MEMBERS- COMMITTEE ON ECOLOGY & BEAUTIFICATION The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1372 A RESOLUTION APPOINTING MS. MILDRED B. CALLAHAN MRS. MICHAEL KEVORKIAN, AND MESSRS. LEONARD E. BATE AND F. ROY WEISSEL TO THE CITY OF MIAMI ECOLOGY AND BEAUTIFICATION COMMITTEE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon 52 Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None.., ., :^ r s 48, ADOPT BY-LAWS - COMMISSION ON THE STATUS OF WAN The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1373 A RESOLUTION ADOPTING THE BY-LAWS OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. PROVIDE FOR SALE OF $225.000 ORAL BOWL WAREHOUSE REVENUE BONDS 49, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1374 A RESOLUTION PROVIDING FOR THE SALE OF $225,000 ORANGE BOWL WAREHOUSE REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA; PROVIDING FOR THE DATE OF SAID BONDS; PROVIDING FOR THE YEARS IN WHICH SAID BONDS MATURE AND THE AMOUNT OF BONDS THAT MATURE IN EACH SUCH YEAR; SETTING FORTH THE METHOD OF PAYMENT OF INTEREST; SETTING FORTH THE FORM OF NOTICE FOR BIDS FOR SAID BONDS; DIRECTING PUBLICATION OF NOTICE OF SALE OF SAID BONDS; PROVIDING FOR THE BIDS TO BE OPENED ON JANUARY 23, 1975; SETTING FORTH THE METHOD OF BIDDING; AND SETTING FORTH THE FORM OF THE BIDS (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. ESTABLISH POLICY OF CITY COMMISSION THAT MANAGER I L ST L H 50. SALARY LEVELS OF UNCLASSIFIED SERVICE EXCEPTING CisIT CoMMis f !V TO ESTABLISH SALARIES OF CITY MANAGER,ASST,CITY MANAGERS,CITY ATTORNEYS,ASST,DIR OF LAW,ASST,CITYATTYS.CITY CLERKS & EXEC SCTY. The following resolution was introduced by Commissioner Plummer, who moved its adoption: 53 RESOLUTION NO. 74-1375 A RESOLUTION ESTABLISHING THE POLICY OF THE CITY COMMISSION THAT THE CITY MANAGER SALL ESTABLISH SALARY LEVELS FOR THE UNCLASSIFIED SERVICE OF THE CITY WITH THE CITY COMMISSION RESERVING TO ITSELF THE RIGHT TO ESTABLISH SALARIES FOR THE CITY MANAGER, ASSISTANT CITY MANAGERS, CITY ATTORNEY, ASSISTANT DIRECTOR OF THE DEPARTMENT OF LAW, ASSISTANT CITY ATTORNEYS, CITY CLERKS AND EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. AUTHORIZE MANAGER TO NEGOTIATE FOR ACQUISITION OF VACANT LOT 51, FOR MINI -PARK PLAZA AT S.W.8 ST & 15 AVE. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1376 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER 10 NEGOTIATE FOR THE ACQUISITION OF A VACANT LOT LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF SOUTHWEST 8TH STREET AND 15TH AVENUE TO BE UTILIZED AS A MINI -PARK PLAZA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plutimer Mayor Maurice A. Ferre NOES: None. Prior to the adoption of the resolution the following discussion occurred: Mrs. Gordon: What's the priceof this? Mr. Reboso: This is the lot at --- Mrs. Gordon: Well, how big is it? 54 • RESOLUTION APPOINTING FRBHARDER To THE RETIREMENT BOARD 52, nP THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM AND PLAN The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1377 A RESOLUTION APPOINTING ONE MEMBER TO THE RETIREM:'NT BOARD OF THE MIAMI CITY EMPLOYEES' RETIREMENT SYSTEM AND PLAN FOR THE TERM EXPIRING DECEMBER 13, 1976 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. ss. MkiV `c8OWQCN§d44F&4°461Ex CONNECTION The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1378 A RESOLUTION CONFIRMING AND RATIFYING THE ACTION OF THE CITY MANAGER IN ISSUING A PURCHASE ORDER TO STEELCO PIPE CO. FOR THE INSTALLATION OF THE MIAMI SPRINGS COUNTRY CLUB SANITARY SEWER CONNECTION IN THE ESTIMATED AMOUNT OF $4,692.42; ALLOCATING THE AMOUNT OF $5,000 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS" TO COVER THE ESTIMATED INSTALLATION COST AND OTHER EXPENSES; AND DIRECTING THAT A PURCHASE ORDER BE ISSUED THEREFOR (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 54,AUTHORIZE UNCOMPENSATED ETIME-LAWSOF UITNCE TO PAY $374,045,89 FOR "THORNE VS. CI tY" A resolution entitled - A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE PAYMENTS OF $374.045.89 FOR UNCOMPENSATED TIME TO INDIVIDUALS COVERED BY THE LAW SLIT STYLED "THORNE VS. CITY OF MIAMI"; AUTHORIZING THE CITY MANAGER TO TAKE APPROPRIATE ACTIONS TO ACCUMULATE NECESSARY FUNDS; FURTHER PROVIDING SUCH FUNDS TO BE PLACED IN APPROPRIATE ACCOUNTS TO REPLACE EXPENDED FUNDS FOR SAID PAYMENTS JJ DEC 1ri1974 was presented for the consideration of the Ccinmiesion upon the recommendation of the City Manager. The following discussion occurred: Mr. Plummer: I am going to tell you something, Paul, and it might make you mad. Tell me exactly what that lawsuit speaks to. P. W. Andrews, City Manager: The lawsuit speaks to two areas. One is that any time an officer is called to duty in excess of forty hours, no matter under what circumstances, he will be paid time and a half. This includes event costa, anything --all Ican say is any time he is called to service in excess of forty hours under any circumstances through requirements of any kind through the City, he will be paid time and a half. Mr. Plummer: rine. We: provided for that last year in overtime. Now what else does it address itself to? Mr. Andrews: Oh, no; we did not provide for overtime for that purpose. Mr. Plummer: What else does it address itself to? This does not include the fifteen minute overtime? Mr. Andrews: Yes. Mr. Plummer: You see, this is what makes me mad. Mr. Lloyd, when did you know about this? John Lloyd, City Attorney: We knew about this --remember this case was in litigation over a period of a couple of years. Now the Supreme Court decision was entered about two months ago. Mr. Plummer: No, sir; it was longer tan that. Let me tell you the point I am making, because I brought this very subject, Mr. Andrews, up to you. This thing was known about before budget time; much in advance of budget time. If I am not mistaken about thirty days. Now that should have been included in the budget. That was money known that was going to have to be paid. The law= suit was entered by the Supreme Court, and now after we have approved and final= ized the budget we are coming back looking for in excess of four hundred thou- sand dollars; and it's wrong. That should have been moneys that were figured in the '74-'75 budget, but it has been held over now for an additional eight weeks, and we are in a quandry, and it's wrong. t know we owe the money, but I will bet you money that this Commission would have felt a hell of a lot better knowing that we knew thirty days before budget time that that money was figured into the regular budget as a cost item, because we knew it. Didn't we know it somewhere in August? Mr. Andrews: I didn't. I was not aware that there was going to be an ob- ligation at the time that we were going through the budget process, of this mag- nitude in reference to this case. Mr. Plummer: Paul, the policemen have been fining their reports for over six weeks now of what they have to the credit of their account in that amount of money. Now six weeks takes you back almost to budget time. Mr. Andrews: But this case was not settled until after the budget was completely closed out, and at the time of the budget formulation there was still no determina- tion that the City would be successful or unsuccessful. 56 ('� r Li4V , •t Mr. Plaiotner: I hope you are right and I hope you are wrong; but I think you are going to find, and I am going to tell you, I'm going to look into it, because I asked before budget time --and I remember asking --is this money included? And as I recall your answer it was, this is covered. I'll remind you also what else Was in the conversation, and it took place right there at the Clerk Court's desk. What is the cost of one full day of holiday for all employees? Retie:nber that? Mr. Andrews: Yes Mr. Plummer: And in the same conversation I asked you, is this fifteen minute overtime included? And you said it's covered. Now the only point I am trying t,) make --- Mr. Andrews: (Interupping) We have a misunderstanding. Te fifteen minute overtime, and any overtime that is covered in the Police Budget now as far as any overtime required over forty hours, this is retroactive going back for three to four years. Mr. Plummer: I understand. Mr. Andrews: Now, this element of going back, which was being contested, and which was not settled from my memory of the situation, was not accounted for in the budget. Nobody had any idea what it would be, if we lost the case. Mrs. Gordon: Paul, since we did lose the case and we have to pay the money, do we have to pay it all in one year? Mr. Plummer: It has got to be paid immediately; right now. Now, the important question; where is it going to come from? Mr. Andrews: I am not prepared --we have to make the payment; that we know for sure, and when this resolution was first prepared and presented to me it had such actions in it as freezing all positions, and so forth, to do it. I have re -structured that wording to give me some latitude, and I am going to have to come up with a formula for providing the funds. Mr. Plummer: Well, I am going to tell you, for one, Paul. I want to know where the money is coming from, because you are entitled to your opinion, and I am en- titled to mine, and what you might cut I might not agree with. That's the reason for budget hearings, so I think in a proper perspective you have got to show us, the Commission where the cuts are going to come from. If you want the latitude right now to start drawing that information together, fine, but that as much as I am willing to vote for right now. Mr. Andrews: Well, what you have to do, no moatter where it comers from, this payment has to be made, and I think you sould act on that. I'll come back to the City Commission and tell you how and where this money will be accumulated. Mr. Plummer: I'll go along with that; before we have to do it. Mr. Plummer: No; you have got to make the payment, Commissioners. We have to make the payment. Now, making the payment and determining where the money will come from to make those payments are two separate matters; and I will come back to you and tell you where the money is coming from. Mr. Plummer: Where you propose it comes from. Mr. Andrews: Where I propose it. Mr. Plummer: I'll go along with that. But I still want, Mr. Lloyd, the date that decree was entered. I'li move it. You have got to pay it. It's owed. What's the exact amount on that, Mr. Andrews? Mr. Andrews; Three hundred and seventy-four thousand, forty-five dollars and eighty-nine cents. Now it was more than that, but some of the employees took comr- pensatory time at time and a half, and we are hoping that more would take compensatory time so we wouldnt have had the impact. Mr. Plummer: Are we covered in the '74-'75 budget for this fifteen minutes? Are we covered for the overtime? 5'7 Mr. Andrews: Yes. The following resolution was introduced by Commissioner Plumper, who mowed its adoption: RESOLUTION NO. 74-1379 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE PAYMENTS OF $374,045.89 FOR UNCOMPENSATED TIME TO INDIVIDUALS COVERED BY THE LAW SUIT STYLED "THORNE VS. CITY OP MIAMI"; AUTHORIZING THE CITY MANAGER TO DETERMINE SOURCE OF FUND: TO BE PLACED IN APPFOPRIATE ACCOUNTS TO REPLACE EXPENDED FUNDS FOR SAID PAYMENTS AND TO REPORT BACK TO THE COMMISSION (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plumper Mayor Maurice A. Ferre NOES: None. 55. ACCEPI BID-PMAMOUNT CONCESSIONS ORANGE BOWL PARADE RIGHTS The following resolution was introduced by Commissioner Plummer, who . moved its adoption: RESOLUTION NO. 74-1380 A RESOLUTION ACCEPTING THE BID RECEIVED FROM PARAMOUNT CONCESSIONS, INC. FOR THE RIGHT TO SERVE THE PUBLIC THROUGH THE SALE OF FOOD, BEVERAGE AND NOVELTY CONCESSIONS IN THE PUBLIC RIGHT OF WAY AT THE 1975 ORANGE BOWL PARADE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 56. ACCEPT BID 5fb000 FOLK FESTIVAL BROCHURES The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO, 74-1381 A RESOLUTION ACCEPTING THE BID RECEIVED FROM EDISON PRESS FOR PRINTING 50,000 POLK FESTIVAL BROCHURES IN FULL COLOR FOR USE BY THE DEPARTMENT OF PUBLICITY AND TOURISM IN CONJUNCTION WITH THE ANNUAL FOLK FES- TIVAL AT A COST OF $3,000; FUNDING FOR THIS PRINTING PROVIDED IN 1974-75 BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. r. • 57, ACCEPT BID - COVERALLS AND WINDBREAKERS The following resolution w's introduced by Cnmmissioner Plummer. who moved its adoption: RESOLUTION N0. 74-1382 A RESOLUTION ACCEPTING THE BID RECEIVED FROM LAMAR UNIFORM CO. FOR FURNISHING COVERALLS AND JACKETS FOR USE BY THE RESCUE DIVISION OF THE FIRE DEPARTMENT AT A UNIT COST OF $16.95 FOR COVERALLS AND $14.35 FOR JACKETS AT A TOTAL COST OF $1958.40; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER THEREFOR FROM FUNDS PROVIDED IN THE 1974-75 BUDGET (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. t. 58, AWARD_ BID - SIEBENLORF BICYCLE PATH The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1383 A RESOLUTION AWARDING THE BID OF A. J. HOUSE & SONS, INC. IN THE ESTIMATED AMOUNT OF $41,251.50 FOR EXHIBIT "B" SIEGENDQRF BICYCLE PATH; ALLOCATING THE ADDITIONAL AMOUNT OF $17,606.50 FROM THE ACCOUNT EN- TITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS" TO COVER THE ESTIMATED CONTRACT COST; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $1,760.65 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID ACCOUNT THE ADDITIONAL AMOUNT OF $352.85 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORES, POSTAGE, ETC.; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Rebos°, 59 the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 59, AWARD BID - COCONUT GROVE IIARINA NIODIFICATLONS Ca The following resolution* eras introduced by Com issioner Cordon, who moved its adoption: RESOLUTION NO. 74-1384 A RESOLUTION ACCEPTING THE BID OF THE POOL & KENT COMPANY IN THE AMOUNT OF $26,500.00; ACCEPTING THE BID OF DOCK & MARINE CONSTRUCTION, INC. IN THE AMOUNT OF $8,760.00 FOR THE CONSTRUCTION OF THE COCONUT GROVE MARINA - MODIFICATIONS - 1974; ALLOCATING AN ADDI- TIONAL AMOUNT OF $15,790.00 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS"; AUTH ORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRMS (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 Baas passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 60, EXTENSION OF HOURS OF SALE OF ALCOHOLIC BEVERAGES CHRISTMAS AND NEW YEARS EVE. The following resolution was introduced by Commissioner Reboso, who moved its adoption: RESOLUTION NO. 74-1385 A RESOLUTION EXTENDING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES ON TUESDAY, DECEMBER 24, 1974, AND TUESDAY, DECEMBER 31, 1974 FOR ONE HOUR AFTER THE USUAL CLOSING TIME (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 6 U e AUTHORIZE DIRECTOR OF FINANCE TO PAY $475,000 61, TO DEFENDANTS AND TTORNEYS AND APPRAISERS IN THE CASE OF THE Cris/. OF font *.. VS. OjUE _ ILSON TAI. civtL ACTION 73-788 The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1386 A RESOLUTION AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO ALLOCATE $475,000 FROM THE CAPITAL IM- PROVEMENT FUND - UNALLOCATED FUNDS AND TO PAY THE REQUIRED SUMS FROM SAID ALLOCATION TO THE DEFENDANTS, THEIR ATTORNEYS AND APPRAISERS, IN THE CASE OF CITY OF MIAMI VS. MARJORIE E. WILSON, ET AL., CIVIL ACTION NO. 73-788, PURSUANT TO THE ORDERS 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 Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. AUTHORIZE DIRECTOR OF FINANCE TO REPAY TO THE CAPITAL a 61, IMPROVEMENT FUND $475,000 AFTER SALE OF BONDS FROM 1972 POLICE FACILITIES BOND ISSUE The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 74-1387 A RESOLUTION AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO RE -PAY TO THE CAPITAL IMPROVEMENT FUND THE SUM OF $475,000 AFTER THE SALE OF BONDS FROM THE 1972 POLICE FACILITIES BOND ISSUE; SAID FUNDS ESTIMATED TO BE AVAILABLE IN MARCH, 1975 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 3LRAZDTOEOIOANBLDOTC $66AR5ANM G6, Sb1 85O.15 TO COCONUT GROVE MARINE PROPERTIES The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1388 A RESOLUTION AUTHORIZING AND DIRECTING THE FINANCE '; 1;!71 • • DIRECTOR OF THE CITY OF MIAMI TO ALLOCATE $66,63`•.55 FROM THE 1972 PARR AND .QECREATIONF.L FACILITIES BOND FUNDS AND TO DEDUCT FROM SAID SUM $4,785.40 TO BE APPLIED TO THE PROPER CITY OF MIAMI ACCOUNT AND TO PAY THE REMAINING $61,850.15 TO COCONUT GROVE MARINE PROPERTIES, INC. PURSUANT TO THE ORDER OF COURT DATED DECEMBER 4, 1974, ENTERED IN THE CASE OF CITY OF MIAMI V. COCONUT GROVE MARINE PROPERTIES, INC. ET AL, CASE NO. 73-15433 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 64, MIAMISDADE WATERS NB SEWEREAUTHORITYOFORIEXPANSIONYOFO VIRGINIA KEY PLANT DISCUSSION AND DEFER@AL TO LATER DATE A resolution specifying conditions of agreement resulting from the joint City -County Commission and Water and Sewer Board meeting on December 9, 1974, was presented for the consideration of the Commission, and the following dis cussion occurred: Mr. Plummer: Let me get into some questions on this thing. Mayor Ferre: J. L., before you say that, very quickly I want to explain that this is in essence, and I think with some exceptions, what came out of an hour and a half or two hours meeting where Rose Gordon and Father Gibson attended, and Paul Andrews and John Lloyd. You were in Colombia, and 1 don't know where Manolo was. But we met with Steve Clark and what was a majority of that Commission. There were about five or six Commissioners there. And we just went back and forth on the --and the Water Board was there --we went back and forth on whether -- one appraisal was two million and the other was five, three, and then finally we said, well, if you give us five, three we will use it for an auditorium. We have got four and a half million already, and that might be enough to do the job, and that was one bone of contention. They agreed to that. Now the second hing was those sixteen - inch lines, and the direction that they were going to take. They said it would cost substantially more to have it come down Miami, and that Miami Beach --since then I have heard from Mayor Rosen and he is completely opposed to it going down Miami Beach, naturally. Then we said, well, we will come down the Bay. Well we can't come down the bay. They might be able to bring it down Miami Beach --- Mr. Plummer: But you are losing the whole point. Mr. Andrews, correct me if I am wrong. Did Mr. Sloan not stand here in front of this microphone and tell us that they could put an on -site drying type of sludge, new type of electrical, for approximately three and a half million dollars, but that the line coming down would run around twelve million dollars? Mayor Ferre: No. He may have said that, but he corrected that statement. Mr. Andrews: He made something to that effect. Mr. Plummer: Let's call it conservatively about three times the amount of money it would cost to run a line down as opposed to an on -site plant. Is that correct? Mr. Andrews: I don't know. 64 DEC 'i 1i174 Mayor Terre: I'll tell you what he said at our meeting. He said that it would cost approximately four million dollars to bring that line down. And I'll tell you how I remember. It's because he said that bringing it through Miami would save about four hundred thousand dollars. --Or was it seven hundred thousand? Mr. Andrews: Seven Hundred Thousand Dollars. There was seven hundred thousand dollars difference between the two routes. Mayor Ferre: And the total amount was four million to bring it through Miami -- Mr. Andrews: Closer to five, Mr. Mayor. Mayor Ferre: And it war seven hundred thousand dollars more to bring it through Miami Beach. Mr. Plummer: But what about the point of putting it on -site? You are speaking of bringing it from Interama; correct? But did you speak to the point of on -site drying ovens as opposed to the open field type of thing? Mayor Ferre: We discussed it at that time and he said --- Mr. Andrews: Here's my memory of what happened. He indicated that it would be less expensive to do it on site, but there is an agreement that prevents them from considering that. Now the cost of this line coming down to the Miami plant was near five million dollars. There was a figure that was quoted at seven hundred thousand dollars as a preliminary figure as the difference in cost of coming down Miami Beach and Miami, but they suspected that the cost of coming the Miami Beach route was far in excess of the seven hundred thousand dollars because of the poor soil conditions. They would have to use reinforced trencEing, sheet piling, shoring in that. and it would be far more expensive than the seven hundred thousand dollars. That's when the Mayor and members of the Commission that were present then said, well --and particularly Father Gibson --said, well, we are not techincians and we are responsible to the people of Miami, and we want our engineers --he pointed to Mr. Grimm(Director of Public Works) to sit down and fully evaluate this area and advise us as to which is the best route. Mr. Plumper: My point is that this so-called commitment is only based on the fact that NorthMiarui does not want to take up more of Interama land; that in fact the on -site drying kilns would be cheaper. Is that correct? Mr. Andrews: The on -site, if drying methods were used in North Miami property in Interama similarly to the way they are being planned at the site here, it would be cheaper to do it. Mr. Plummer: You are damned right. We are getting shafted. Reverend Gibson: Something else. Is Mr. Grimm here? Mr. Grimm, while we were there you made a very interesting observation about cost factor. Now, we aren't going to get away from that, because we don't want the line to go where they want the line to go. We were told, or it was indicated, that we could get it to go where we want it to go and it won't be that much more. Mr. Plummer: But, Father, the point that I and trying to make is that they admitted that the line was not even necessary, but because they had made a com- mitment to North Miami as to Interama Miami has to suffer the consequences. Reverend Gibson: I want that cost factor --I want you to address yourself to that cost factor, because that is important, and then I want to make another observation. You know what really disturbs me. Every time we get into a crisis situation, in order to get certain things from us, you know, the world is coming to an end. Well, dog gone it, I think somewhere we ought to get a little starch in our backbones and let the world come to an end, and then they will stop coming -- world coming to an end, world coming to an end, when they know that we are going to let that world come to an end. An incidentally, for the world not to come to an end is my business. I'll pray for it not to come to an end. Mr. Grimm, you speak to that cost factor please. 6 43 1 C 1 5I Vince Grimm, birector of Public Works: As of, 1 have, tight after our meeting, Father, I wrote Garrett Sloan caking for copies of all the figures that their consultants had worked up so that we might review them. Yesterday after - norm in the afternoon mail the plans and the specifications came, but no figures. Reverend Gibson: Mr. Mayor, my position is crystal clear. Unless I get the figures, Gibson ain't goin vote here. Mrs. Gordon: Which figures? Reverend Gibson: On the cost factor. Rose, I just don't think that Metro came come and have a meeting; we put our cards on the table; we operate in good faith --- Mayor Ferre: I have a recommendation that will cut through all of this. Reverend Gibson: All right; you make it, because I am not going to vote for it now. Mayor Ferre: I think I see the sense of this Commission, and since these people have told us that time is of the essence, I would charge you, Mr. Andrews, to communicate that this Commsston is having a hard time swallowing this, and that they are going to have to give us those figures tomorrow and we will then bring it up the day after tomorrow because we are going to be meeting anyway; and if they don't do it by tomorrow, then it is just too bad, Charlie. Mr. Grimm: That puts a little bit of a burden on me, you know, to estimate and review figures for something that --- Mr. Lloyd: No --- Mr. Grimm: No, but they have already told you that it costs seven hundred thousand dollars more to run it down the Beach. I don't know this is the fact. Reverend Gibson: The assignment I made was that our staff would review these figures and report to us. I am not taking their staff's word. I want our staff. Mayor Ferre: Vince, in other wards, if you can do it fine. If you can't youre just going to have to say, look, I just can't do this work in this amount of time and we just can't do it. Mr. Grimm: I want to state this, too, Mr. Mayor. In that memorandum that you and Father and Mrs. Gordon were given at the meeting, one of the paragraphs on the second page it said that they had instructed their consultants to reivew another alternate, or words to that effect, and I don't know what the results of that are either. Mr.' Andrews: Mr. Mayor, we are going to be here for another fifteen more minutes, or so, and I'll have Mr. Hays get on the 'phone with Garrett Sloan right now and get an answer. Mr. Plummer: You know that bothers me that he is not here. Mr. Andrews: Well, we didn't invite him here. Mayor Ferre: I think that those people have found another alternative and they are just holding it back, and I don't think that they should be holding these little secrets back from us. Mr. Plummer: Two things bother me in this, Paul, so when you re -write this thing I want it spelled out crystal clear that the sixty acres of land is ad- jacent to the existing facility. You see the leeway you are giving in there? It is not in there. Mayor Ferre: Look, we are not going to vote on this tonight anyway. You are going to vote on this on the 19th, maybe; so you take it home with you and read it carefully and make your amendments --- DEG 1.7 1974 Mr. Plummer: All right,I want to make another point. They can take sixty agree anywhere they want. Mayor Ferre: That's been defined, by Leonard Bisz. Mr. Plummer: OK; number two; Mr. Mayor,I din't quite understand the wording about how this money will be paid in land. Mayor Ferre: No, let me explain it for you. There are two things that they are going to do. They are going to give us five million three hundred thousand dollars cash. They are also going to give us a piece of property large enough to put up our convention facility, whatever it is called. Mr. Plummer: But you see, here's the point. It says here, combined with the sum of money which has previously been allocated. Mayor Ferre: That's four and a half million dolars from the bond issue. Mr. Plummer: But why is this coupled? I don't understand. Mayor Ferre: Because that's part of the agreement; that we would use that five, point, three. You see, there is a second appraisal, J.L., that says that this land is worth two million, two, or two million, three. Mr. Plummer: That's a comic book. Mayor Ferre: Then there iu one that says it's worth five million, three. So then, Reverend Graham was trying to say, let's split it down the middle, and we were going to end up with four million dollars. So finally I said, why don't you make it five million, three? Don't quibble about the figure. And here is what we will do with this. We will put it together with our four and a half million from the bond issue, and we will earmark that money, if you give us a piece of land, to build our auditorium, which we have been talking about for ten years, and then Steve Clark said, oh, that's a good idea, we agree to that, and then everybody agreed. Mr. Plummer: But you see, unfortunately, I remember Steve Clark standing before this microphone, when he came here and made a pledge to this Commission that four and a half million dollars was not sufficient moneys to build, and since it was a combined situation and the people of all Dade County would use it, that they felt an obligation to give the land, the land, together with our four and a half million dollars, would make enough money. Mayor Ferre: No, it won't. Mr. Plummer: I am saying, that was the commitment that I heard. Mayor Ferre: We got the land. Mr. Plummer: No, we don't have the land. Mrs. Gordon: But we are going to get the land, J.L. Mr. Plummer: Are we going to get five, point, three million, and the land? Mayor Ferre: Yes. Mrs. Gordon: Yes. It's not a bad deal. Mr. Plummer: Is it spelled out anywhere in here how big the piece of land shall be? I didn't see it. Mayor Ferre: Yes, it has to be in the government center, or walking distance --- Mr. Plummer: Fine, as to where it is, but who is designating how big that parcel of land shall be? tio e Mayor Ferre: Well, obviously it has to be big enough to accommodate --- Mr. Plummer: Obviously don't hack it. I want to inow, and 1 think we should know.If I hadn't heard the commitment before I wouldn't be so cautious., but 1 heard that commitment two years ago, and we get the blame for sitting on our fannys and doing nothing. Now I want it spelled out; five, point, three million dollars, plus two acres of land in the Government center, or one acre --- Mrs. Gordon: The resolution could include anything we wish it to include, so let's put it in there. Mr. Plummer: Fine, but this was presented to us tonight to vote on, and it isn't in there. That's what I am up -tight about. Mayor Ferre: All right; you have got two days to clear it up. Mrs. Gordon: Put in location; put in size of land needed --- Mayor Ferre:.'All right, now let's move on this resolution, because I think there is something else --and I want to say this with all due repect to all of you --but you know --and I don't want those two sixteen -inch mains coming down the boulevard any more than you do --but I'l] tell you, as important as that is, I think we have more important things that are bothering me on this issue, and let me tell you what it is. I got the notes of the financial statements a few days ago from Coopers-Lyburn for the year ending June 30th, 1974, and Mr. Andrews, I read on page 7 of the financial statement, for the Water Division, and for the Sewer Division there is a similar section, which says that we haven't been paid our two hundred and ninety thousand dollars, or whatever it is that we receive every year, and that last year we actually got a hundred and seventy-nine thousand, two forty seven, rather than two hundred and ninety thousand. Are you aware of that? Mr. Andrews: No. Mr. Plummer: Whose responsibility is it? Mr. Andrews: The Director of Finance, tut we have to understand where we are in terms of an agreement that we signed, and the validity of that in relation to the ordinance --- Mayor Ferre: Let me tell you what this says. Although there was a deficiency in working capital on June, '733and '74, available working capital during the year permitted payments to the City of a hundred and forty thousand, five hundred and one, and two hundred sixty thousand, two hundred and fifty-two for the fiscal years of '73 and '74 respectively. Now the way I add and subtract that means that one year we were short a hundred and fifty thousand dollars, and the other year we are short thirty. Thais a hundred and eighty thousand dollars they owe us. As of August, '74, the Authority raised its rates for water service --this is based upon the report of its consulting engineers --by amounts designated to provide revenue for the fiscal year ending June '75, which would be sufficient to pay all the operating costs including required payments to the sinking fund, depreciation reserve fund; for mak- ing payment to the General Fund of the City of Miami required to make up the defi- ciency which existed on June '74, a total of one hundred and seventy-nine thousand, two hundred and forty-seven dollars. They owe us that, and they haven't paid us. Now, and for the payment of two hundred and ninety thousand, payable during the year which ends June 30, '75. Now all I am saying is dog gone it, if that's where they are at --you pay up the hundred and eighty thousand bucks you owe us. That's the least you can do. In other words, what I am saying is, these guys aren't pay- ing this, Paul. And here they are asking for all these favors, and for a little miserable one hundred eighty thousand dollars they are holding back. Mr. Plummer: Am I dreaming, or did I have the Bogota fits that I saw some- where that they were going to pay off the obligation still owed by the City of Miami taxpayers? They are going to pay that off and wipe it clean? Mayor Ferre: Yes, but --and that's a big but that we have got to get into and if Garrett Sloan wants us to move on this thing. They may be tampering with the water rates, and I want to know how much we are giving up and how much we are getting, because I don't want to give up a finger and lose a leg. Mr. Plummer: Who put this document in front of us without these questions being answered? Mayor Ferre: This is a document that John Lloyd prepared after --and he and I had been talking about what it was that we understood was the basis of an agree- ment --and this is that document. Now that's something that we have --you see, you missed the meeting - Mr. Plummer: But I am saying to you is this: How can a document such as this be placed before us for a final vote, or a vote, with these questions still unanswered? Mayor Ferre: J.L., this is, just a beginning; that's all. This is our document. It doesn't mean that they have accepted it. They passed a resolution of their own, which is completely unacceptable to me. When I got that document Mr. Lloyd called me up and said, this is a complicated matter. Here is what I understood. Would you go over it with me and see if your understanding is the same? Now, the essence of that is this document. This is not an ending; it is a beginning, because we have to go through this very carefully. I don't think there is any way we can vote on it tonight. Mr. Plummer: But had we voted on this document as presented, it would have been the end. Mayor Ferre: No, because 1, for one, would not recommend that you vote on such a complicated and difficult matter at this time, but we have to begin somewhere. So this thing was prpared yesterday. You don't expect for us to vote on it tonight. Now, I want to make another point which we haven't even touched upon. Mr. Andrews, we have only talked about the ten million dollars that is owing in the sewage facility; but how much are the people of Miami paying on the water facility? Mr. Andrews: None on the water. There is outstanding debt, but it comes through the water rate that is charged, and they float revenue bonds, but there are no general obligation bonds. Mayor Ferre: That doesn't go against the City of Miami? Mr. Andrews: No, it comes from the venues that they earn from the whole system. Mr. Plummer: Except that they are quick to forget that before this transfer the City ofMiami general fund was the recipient of approximately nine hundred thousand dollars a year. Suddenly it was reduced to two hundred and ninety thousand, and for a five-year pay -out. Mayor Ferre: No, that's not so, J.L.. I know the figures very well. Mr. Andrews: I tablulated the figures for a ten-year period and they aver- aged five hundred and fifty-four thousand dollars average for ten years. Mr. Plummer: But by your point they are still giving us half. Mayor 'erre: Yes, Plummer's point is still valid. In other words, it has averaged half a million dollars a year. Let me tell you, I don't know whether you studied these audit reports. They made three million dollars in the water system and two million dollars.in the sewer system. That's five million dollars. If they can make five million dollars and not pay us a hundred and eighty thousand dollars, and still be quibbling about t, that's bad. That's bad faith; really it is. I wasn't on the Commission at that time --and I understand why it was done, but let me tell you, my friends, as a business man, we got the short, short end of the stick —and by we, I don't mean the City of Miami, I mean the citizens of Miami. Paul, this is really essential that you and the administration spend as much time tomorrow with Garrett Sloan, and if you want get Garrett Sloan and all those people here, and we will at the end of the Police hearing take this whole thing up. 6J j 65, ACCEPT BID- ADDRESSOGRAPH MULTIGRAPH CORP,ToTAL COPY SYSTEM FOR USE BY THE _ PRINT SOP a t The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 74-1389 A RESOLUTION ACCEPTING THE BID RECEIVED FROM ADDRESSOGRAPH MULTIGRAPH CORP. FOR FURNISHING A TOTAL COPY SYSTEM FOR USE BY THE PRINT SHOP OF THE DEPARTMENT OF PUBLIC PROP- ERTIES AT A TOTAI COST OF $31,234.57; AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPARTMENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT AFTER FIRST DETERMINING THAT FUNDS PROVIDED FOR THIS PURCHASE ARE AVAILABLE IN THE 1974-75 BUDGET (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. Following the adoption of the resolution the following discussion occurred: Mr. Plummer: I am concerned with the economy the way it is that this city is not showing restraint. I read in to paper that in the City of New York things are so bad up there that they are laying off policemen and firemen, and we are spending, spending, spending. I am sorry, maybe I have got just a little bit too much ultra conservatism in me, but, baby,there ain't a damn thing wrong with having a little bit of a buffer, and if the buffer is just like three hundred and seventy-six thousand, tis man doesn't know today where he is going to get it from. Mayor Ferre: Paul, do we have to have that multigraph, or whatever the name of it is? Mr. Andrews, City Manager: Yes, sir. The equipment we have is not producing. Mr. Plummer: When we buy this we have spent seventy thousand dollars today for the print shop. We spent twenty-five thousand dollars to re -furnish a part of this damn barn over here (indicating the Dinner Key Auditorium) to facilitate them. Now we are buying them thirty-five thousand dollars worth of machinery. Now I am going to tell you something --- Mrs. Gordon: If we pay it to a contracting firm it will cost us more. Mr. Plummer: Rose, if you ever want to see something in this City that will amaze you --and I vent into it at budget time with Mr. Beck --find out what this City spends for Xerographic machines and supplies in the run of a year and you will keel over from it. But you know what happens. When you go to say, don't use one so much -- Oh, I have got to have mine; no I got to have this one. They bring that photostatic paper in here by the tons. But you know what. Nobody has got the guts to say, hey this is costing us a lot of money. I keep reading the New York papers, and if you don't think there are problems around. Go ahead, buy your machinery. I have said it before: This city is going to the poorhouse in a Cadillac. Mayor Ferre: You know, I had that clipping and I was going to bring it up, but it's so late I am not going to, but let me mention it. There was an article -- I think it was in the Herald --a few days ago about municipalities cutting down. It said in the City of New York that the Mayor said that all departments were going to be reduced ten per cent. 68 Mr. Plummer: And he has. I sent you an article, all of you, including the Manager, out of the New York paper. Eight fire stations they closed. Mrs. Gordon: Believe it or not. Mayor Ferre: Why? Mr. Plummer: Because they ara four hundred million dollars in deficit; that's why. Mr. Andrews: That's right. They over expended, and now they have to uncove from ---they don't have the revenues to match the expenditures. Mr. Plummer: And all the City of Miami does is spend and hire; spend and hire; and I am going to tell you somewhere along the line --- Mr. Andrews: That's not so. We are staying within the budgeted funds that we have to operate. Mr. Plummer: Fine; what is your contingency fund? Mr. Andrews: Sixty-eight thousand dollars, or so. Mr. Plummer: You can't find a dime to pay this overyime. Something has got to give, right? Mr. Andrews: Why says we can't? Mr. Plummer: Oh, you can find it, but something has got to give. You don't have a buffer. 66. TRANSACTIONAL ANALYSIS INSTRUCTOR F3R POLICE DEPARTMENT •- PROPOSED AGMT WITH ARTHUR BURRICHTER: A resolution authorizing and directing the City Manager and City Clerk to enter into an agreement with Arthur Burrichter to perform the services of a transactional analysis instructor for the Police Department was presented for the consideration of the Commission. John Lloyd, City Attorney: I have read this contract, and I must confess that after reading what he is supposed to do in the contract, I don't know any more than I knew before. The matter was deferred until the meeting of December 19th. AUTHORIZE EMERGENCY PURCHASE OF FLOATING DOCKS FOR USE d 67A AT THE MARINE STADIUM A ' The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1390 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE AN EMERGENCY PURCHASE FROM THE SOUTHERN BOAT SHOWS, INC. OF TWO FLOATING DOCKS FOR USE AT THE MARINE STADIUM, AT A TOTAL COST OF $4,550.00 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner (Rev. Theodore Gibson Vice Mayor J. L. Plummer Mayor Maurice A. Ferre NOES: None. 69 r ♦i i 67E. PROPOSED RETIRNT SYSTEM AMENDMENTS: John Lloyd, City Attorney: I have three ordinances here, pursuant to the labor contracts, amendments to the general pension ordinance. Mr. Plummer: I'll invoke the rule. I have not read them. Mdyor Ferre: All right, the five-day rule. These things really should be given to us at least a day prior to the meeting. Mr.Lloyd: The problem with these is that after we wrote them we had to get with the unions to get their approval. Mrs. Gordon: Let's wait until Thursday. Mayor Ferre: All right, we will wait, then, and then we will pass them on Thursday. 67C. PROPOSED HOLIDAY - DECEMBER 24TH: Mrs. Gordon: I was told that the County was giving the employees of the County the 24th off, as a day off, Mr. Manager. What is your opinion of us doing the same thing for our employees? P. W. Andrews, City Manager: We have traditionally given a half day off, starting at the Noon hour. The City Commission has been most generous, and if you would depend on me recommending to you, I'd say, let's leave it at that and con- tinue with the half day. If you go beyond that --- Mr. Plummer: I don't think there is anybody that has sat on this Commission that has been more generous to the employees, but you know we agreed that this would be part of the negotiations in the labor contract, and if you will recall one union stood out that they must have as a part of their contract next year the day after Christmas off, and in all fairness to the Manager, I think that if he is going to give a half day off for Christmas parties and such, I wouldn't go and bolix him up at this time. Mrs. Gordon: That they work until twelve o'clock; is that it? Mr. Andrews: Yes, and if the Commission were to say, let's give them the whole day off, I couldn't very well object, but I don't think we are doing the wise thing. I think the employees have been treated very generously, and every- body is geared up to this, and I think just because Metro gives that day off, I don't think that you should. 67D. ASSISTANT CITY MANAGERS - CITY MANAGER'S REPORT: P. W. Andrews, City Manager, made the following statement: I furnished you with information as to the utilization of two additional assistant city managers in place of the three deputy city managers, and Com- missioner Plummer asked for information which I supplied on Friday. Mr. Plummer: Paul, I am sorry. I don't think I got it. Mr. Andrews: May I bring this up after the meeting on Thursday. Mr. Plummer: Yes. Let me have time to read it. 68, SELECTION OF NEW POLICE CHIEF- n c I S ImN BY IAN 15. Q I have had a verbal communication with the Police Foundation and they have gig►�� �.n all the reanors over the telephone why they cannot participate in a study of the Police Department, and I have communicated with some other firms that could potentially render the service, but I am finding as I compile the list that there 7U '..V i h.)/ '1 s are so many that this is going to be a little time consuming to get proposals from them, and I want you to be patient while 1 go through the process. Mr. Plummer: I'd rather you took the time and got a good one rather than to rush into it And get'a bad one. Mrs. Gordon: When will you get an answer from the International Association of Police Chiefs on their recommendation of the six people that they will be placing in --- Mr. Andrews: If everything goes well, this coming Saturday. They are here to- day interviewing the people. They will be here today, tomorrow and Thursday, and then Friday they will start the assessment center process, and hopefully bySaturday they will have the information that I need to begin my interviewing process. Mrs. Gordon: How long is It going to take you? Mr. Andrews: I am going to keep the Commission's word to not go beyond the 15th of January; but we can discuss this some more at the Commission meeting on Thursday. 69, RIVERSIDE CHURCH PROPERTY - usE AS POTENTIAL COMMUNITY CENTER P. W. Andrews, City Manager: I want to bring up this matter of the Riverside Church property. This property has been brought to our attention as a potential area for development as a fully developed community center, which can have --I can read the long list of potential uses on the property. I want to proceed to start putting this together. I want some basic understand from this Commission. Mayor Ferre: It will take half an hour to explain it, and you need What is it that you want? What kind of a resolution do you want? Mr. Andrews: I just want an understanding from the City Commission proceeding with this. photographs. that 1 am Mayor Ferre: I'll explain this. There is a Baptist Church which was built here about ten years ago on 1st Street at about 8th or 9th. You have been to Riverside Baptist. It's a beautiful building. It just happens to have an auditorium that seats sixteen hundred people. In addition to that it has about forty classrooms and all kinds of kitchens and rooms, and it has almost a full block of property. I went to a wedding there, and Italked to the Minister, and he said, you know, the Catholic Arch Diocese was buying this, which was a heck of a buy, but the Arch Bishop was holding back. Now, the property, they are asking a million, seven hundred and fifty thousand dollars. Now as a businessman I will tell you that the building alone is worth more than that; just to duplicate that auditorium would cost you that, if nothing else. It has perfect acoustics, perfect air conditioning; the whole bit. I called up Mr. Andrews, and said, let's go look at the darn thing, and it just might be perfect for us as a community center for that whole Little Havana area, and we can get United Fund in there, some of these county agencies, some of these senior citizen committees, the kids, what have you; and we might kind of spread the expense of it and end up with a facility for the City that would cost us very little money or that we would have a contractual obligation with all these various agencies for a long time and it is one heck of a buy. Mr. Andrews: And it could be accomplished under the Community Development Program, but we have to go to all these agencies and make sure that they can be tied in --- Mayor Ferre: And Mr. Andrews doesn't want to be doing this without the Commis- sion knowing about it. You don't need any resolution on it, do you? Mr. Andrews: No, sir. I just feel uncomfortable when people start to read these things in the newspapers and the Commission hasn't been informed. 71 L 1t • AWARD BID -FURNISHING COMMUNICATION EQUIPMENT v 70, MOBILE .COMMAND POST VEHICLE ETC of The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 74-1391 A RESOLUTION AWARDING BIDS FOR FURNISHING COMMUNICATION EQUIPMENT FOR THE MOBILE COMMAND POST VEHICLE FOR USE BY THE DEPARTMENT OF COMMUNICATIONS TO MOTOROLA C & E, INC. AT A TOTAL COST OF $13,624.00: TO ELECTRONIC EQUIP- MENT CO., INC. AT A TOTAL COST OF $1,513.00; PAD AUTHOR- IZING THE CITY MANAGER TO INSTRUCT THE PURCHASING DEPART- MENT TO ISSUE PURCHASE ORDERS FOR SAME IN THE TOTAL AMOUNT OF $15,508.30, FUNDS TO COME FROM THE DEPARTMENT OF PUB- LIC PROPERTIES CITY GARAGE REPLACEMENT RESERVE ACCOUNT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk) Upon being seconded by Commissioner Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Ma;rolo Reboso Commissioner Roue Gordon Commissioner (Rev.) Theodore Gibson Vice Mayor J.L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. DISCUSSION ITEM- MAULEINDUSTRIES FURNISHING OF CONCRETE 71. TO A,D,H, CORPORATION - CONSTRUCTORS OF NEW POLICE HEADQUARTERS Mayor Ferre made the following staement: I have a problem. When I went on this I said that Maule would not supply any materials directly to the City, and we have lived up to that. Now I have a letter here from Ralph DeMeo that he had gotten a bid from Maule Industries, not as contractor, but as supplier; not to the City, but to ADH. So I went back and got all of the minutes of that meeting, and Father Gibson, when I made the statement, made a clarification of it in which he corrected my pro- cedure by saying, well you are not going to deny the City a lower bid on materials if these materials are available at a lower bid. Reverend Gibson: I still stand with that. Mr. Plummer: Mayor, let me tell you something that you cannot say. You know, it is wrong that a man should suffer to be on this Commission. Mayor Ferre: That's not the point. Mr. Plummer: It is the point, and the point very smply is that I am sure that this man would have competitive bidding through you and other companies. Mayor Ferre: The point is that he did get competitive bids, and Maule was the lowest bidder on materials. Mr. Plummer: So be it. Mayor Ferre: So I have got tc make the decision either to turn it down and let him go and get a higher bid somewhere else, or whether I accept it. Reverend Gibson: Mr. Mayor, I just don't think that's fair to the taxpayers. Mayer Ferret Well, the City doesn't come out any worse, because DeMeo has already bid and he has a fixed cost on it. The question is that Maule was --you see, Maule will not be selling the City any materials. It will be selling the contractor, and we would not even be a subcontractor, but a supplier. Mrs. Godon: I think that'& too far fetched. I don't think you intended that when you made the statement, and I'll say that to your face. I think what you meant is that Maule wouldn't sell concrete to the City for a City job. Mayor Ferre: I did'nt want to accept this without bring it up to the City Com- mission. I am just informing you on the record of this situation. I thought of it today, and I'll send yod a copy of it. For the record there is a letter from ADH stating that we were the --- Mrs. Gordon: That you went the bid route. Reverend Gibson: Fine, beautiful. ADOPTION OF EMERGENCY ORDINANCE OF FEDERAL REVENUE SHARING � ' FUNDS - FINAL ALLOCATION ON SOCIAL SERVICE TYPE PROWMS AN ORDINANCE ENTITLED - AN FI}.F:GENCY ORDINANCE AMENDING ORDINANCE NO. 8305, MAKING APPROPRIATICNS or FEDERAL REVENUE SHARING FUNDS RESERVED FOR SOCIAL PROGRAMS IN THE MOUNT OF $1,096,544 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1975; FURTHER APPRO- PRIATING $67,610 FUNDS ENCUMBERED IN THE GENERAL FUND (TOWN PARK COOPERATIVE); $40,000 FUNDS FROM UNEXPENDED 1973-74 FEDERAL REVENUE SHARING FUNDS FOR PUERTO RICAN DAY CARE; FOR A TOTAL OF $1,204,154 FOR SOCIAL SERVICES; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE Was introduced by CommissionerGibson and seconded by Commissioner Plummer, for adoption as an emergency measure ard dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Reverend Gipson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Form. NOES: Fone ABSENT: None ABSTAINING: None Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Reboso, adoptEd said ordinance by the following vote: AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer, Mr. Reboso and Mayor Ferre. NOES: None. ABSENT: None ABSTAINING: None SAID ORDINANCE WAS DESIGNATED NO.8342. 7 U.► ADJOURNMENT: There being no further business to come before the Commission at this time, on motion duly made and seconded, the meeting was adjourned at 8:00 o'clock P.M. ATTEST: H. D. SOUTHERN CITY CLERIC • MAURICE A. FERRE MAYOR :J t A' CITY OF MA Ivu DOCUMENi MEETING DATE: INDEDecember 17, 1974__. ITEM NO DOCUMENT IDENTIFICATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 COMMISSION ACTION COMMISSION AGENDA & CITY CLERK REPORT (20 pgs.) ACCEPT PLAT-OMNI INTERNATIONAL WAIVER OF DEVELOPMENT OFF-STREET PARKING SPACE LOTS 7 THRU 14 AND 28 THRU 34, BLK. 14-1150 N.W. 11TH ST. RD. SEALED BIDS -CONSTRUCTION OF FASHION SANITARY SEWER IMPROVEMENT SR-5402C STUDY FOR RAPID TRANSIT SYSTEM BY KAISER ENGINEERS -STUDY FOR "PEOPLE MOVER' ENVIRONMENTAL PRESERVATION AREA OF THE CITY OF MIAMI BETWEEN S. MIAMI AVE. AND BISCAYNE BAY NOTICE PUBLIC HEARING -REPEAL CITY OF MIAMI REGULATIONS DEALING WITH BUSES AND OTHER VEHICLES OPERATING ON FIXED ROUTES JOINT PROJECT -METROPOLITAN DADE COUNTY WITH CITY OF MIAMI-SET ASIDE PROPERTY FOR ESTABLISHMENT OF A TREE DEPOSITORY NOTICE PUBLIC HEARING -ALLOCATION OF REVENUE SHARING FUNDS REQUEST DADE COUNTY DEPT.OF TRANSPORTATION RECOMMENDATIONS OF PARKING RESTRICTIONS APPOINT MEMBER-NORA SWAN AS CHAIRPERSON TO THE BICENTENNIAL COMMITTEE NOTICE PUBLIC HEARING -REPEAL OF CITY OF MIAMI REGULATIONS ACCEPT HIGHWAY RIGHT OF WAY DEED EXECUTE BY COCONUT GROVE BANK RELEASE OF MARY WEBSTER FROM FURTHER OBLIGATION AGREEMENT DATED SEPT.21, 1973 AUTHORIZE PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL NO. 1537.3-EATON PARK EXPANSION CLAIM SETTLEMENT-FLORENCE E. HEATHERINGTON APPROVING AN EMERGENCY PURCHASE OF AN ASH TRUCK TRACTOR CAB -TRUCK NO. 1964 ALLOCATING POLICE AND CRIME PREVENTION BOND FUNDS -TO FUND SIX CIVIL SERVICE POSITIONS R-74-1348 R-74-1350 R-74-1353 R-74-1355 R-74-1356 R-74-1357 R-74-1359 M-74-1370 R-74-1361 R-74-1362 R-74-1363 R-74-1364 R-74-1365 R-74-1366 RETRIEVAL CODE NO. 0073 74-1348 74-1350 74-1353 74-1355 74-1356 0074 74-1357 0075 74-1359 74-1370 0076 74-136 74-136 74-136 74-136 74-136 74-136 DOCLI ENT" DEX- CONTINUED PAGE 2 COMMISSION + RETRIEVAL ACTI ON , CDDE 110. ITB4 NO. DOCUMENT IDENTIFICATION 19. .AUTHORIZE ISSUANCE OF A WASTE COLLECTION LICENSt TO PACKED SANITATION SERVICE, INC. 20. AUTHORIZE THE ISSUANCE OF A WASTE COLLECTION LICENSE TO RAFAEL & ROBERTO TRASH SERVICE. 21. AUTHORIZE THE ISSUANCE OF A WASTE COLLECTION LICENSE TO GENERAL HAULING SERVICE, INC. 33. 34. 35. 36. 37. 38. APPOINT SIX MEMBERS TO THE INTERNATIONAL FOLK FESTIVAL COMMITTEE. APPOINT SIXTEEN PERSONS TO THE GENERAL CULTURAL HISPANIC COMMITTEE. APPOINT 4 MEMBERS TO THE CITY OF MIAMI ECOLOGY AND BEAUTIFICATION COMMITTEE. ADOPTING THE BY-LAWS OF THE MIAMI COMMISSION ON THE STATUS OF WOMEN. PROVIDING FOR THE SALE OF $225,000 ORANGE BOWL WAREHOUSE REVENUE BONDS OF THE CITY OF MIAMI. ESTABLISH SALARY LEVELS FOR THE UNCLASSIFIED SERVICE OF THE CITY. ACQUISITION OF A VACANT LOT AS MINI -PARK PLAZA S.W. 8th ST. AND 15th AVE. APPOINT ONE MEMBER TO THE RETIREMENT BOARD OF THE MIAMI CITY EMPLOYEES RETIREMENT SYSTEM AND PLAN. ISSUE PURCHASE ORDER TO TEELCO PIPE CO. - INSTALLATION OF THE MIAMI SPRINGS COUNTRY CLUB SANITARY SEWER. AUTHORIZE PAYMENTS FOR UNCOMPENSATED TIME BY "THORNE VS. CITY OF MIAMI" ACCEPT BID - PARAMOUNT CONCESSIONS, INC. ACCEPT BID - EDISON PRESS - PRINTING BROCHURES ACCEPT BID - LAMAR UNIFORM CO. - FURNISHING COVERALLS AND JACKETS FOR FIRE DEPARTMENT. AWARD BID - A.J. HOUSE & SONS, INC. FOR EXHIBIT "B" SIEGENDORF BICYCLE PATH. ACCEPT BID - POOL & KENT COMPANY - COCONUT GROVE MARINA MODIFICATION. EXTENDING HOURS OF SALE OF ALCOHOLIC BEVERAGES - 1 HOUR AFTER THE USUAL CLOSING TIME. ALLOCATED $475,000.FROM THE CAPITAL IMPROVEMENT FUND - CASE OF CITY OF MIAMI VS, MARJORIE E. WILSON ET AL. R-74-1367 R-74-1368 R-74-1369 R-74-1370 R-74-1371 R-74-1372 R-74-1373 R-74-1374 R-74-1375 R-74-1376 R-74-1377 R-74-1378 R-74-1379 R-74-1380 R-74-1381 R-74-1382 R-74-1383 R-74-1384 R-74-1385 R-74-1386 74-1367 74-1368 74-1369 74-1370 74-1371 74-1372 74-1373 74-1374 74-1375 74-1376 74-1377 74-1378 74-1379 74-1380 74-1381 74-1382 74-1383 74-1384 74-1385 74-1386 DOCU `4IENH NDEX CONTINUEDe.�„ 41 42 43 DOCUMENT IDENTIFICATION FINANCE DIRECTOR TO• RE -PAY TO CAPITAL IMPROVEMENT FUND $475,000 AFTER THE SALE OF BONDS FROM POLICE FACILITIES BOND ALLOCATE $66,635.55 FROM 1972 PARK AND RECREATIONAL BOND FUNDS TO PAY COCONUT GROVE MARINE PROPERTIES,INC. ACCEPT BID-ADDRESSOGRAPH MULTIGRAPH CORP. FURNISHING COPY SYSTEM -DEPARTMENT OF PUBLIC PROPERTIES PURCHASE FROM THE SOUTHERN BOAT SHOWS,INC. -TWO FLOATING DOCKS -MARINA STADIUM AWARD BID -FURNISHING COMMUNICATION EQUIPMENT FOR THE MOBILE COMMAND POST VEHICLE -USE BY THE DEPARTMENT OF COMMUNICATIONS - TO MOTOROLA C. & E., INC. COMMIBSTON N R-74-1387 R-74-1388 R-74-1389 R-74-1390 R-74-1391 RETRIEVAL CODE NO. 74-1387 74-1388 74-1389 74-1390 74-1391