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HomeMy WebLinkAboutCC 1973-03-22 MinutesI TY OF MIAMI CQMMISSION MINUTES OF MEETING HELD ON MARCH 22, 1973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL ROSE CORDON VICE -MAYOR J L PLIIMMER JR. COMM'SSIONER DAVID T K_NNEDY MAvr2P U REV THEODi RE R GIBSON COMMISSIONER MP NOLO REBOSO COMMISSIONER 0 on 0 INDEX. MINUTES OF REGULAR MEETING CITY COMMISSION OF M1AML FLORIDA MARCH 22, 1973 ITEM iHO. SUBJECT 1. WAIVING MINUTES OF PREVIOUS MEETING 2. PROCLAMATIONS 3, WAIVE RENTAL FEE- BAYFRONT PK,AUDITORIUM MARCH OF DIMES 4, RECEIVED SEALED BIDS REID ACRES HIGHWAY IMPROVEMENT H-4349 5, OBJECTI8 ONS TO PRELIMINARY ASSESSMENT RpL W.L.TH STREET SEWER IMPROVEMENT SR-53 -C 6, REQUEST CHANGE OF ZONING CLASSIFICATION MARCELLUS DEARBORN SUB 7, VARIANCE REQUEST BRICKELL ADD AMD- FOUR AMBASSADORS 8, VARIANCE REQUEST HYDE PARK 9, VARIANCE REQUEST ROGERS ADDITION 9A, STATUS REPORT CAPITAL IMPROVEMENT PROGRAM 1972 TO 1976 10, VARIANCE REQUEST FAIRLAWN 11, CONDITIONAL USE OFF-ST.PARKING-UNPLATTED SITE- 8 N.W. 54TH ST. 12, ACCEPT COMPLETED WORK WEST PINEMOUNT SANITARY SEWER IMPROVEMENT 13, ACCEPT COMPLETED WORK LIBERTY SANITARY SEWER FORCE MAIN & PUMP STATION 73-190 14, ORDERING RESOLUTION NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT H-4359 15, ORDERING RESOLUTION N. L. 4TH COURT HIGHWAY IMPROVEMENT H-4360 16. RPROMNAW°R ORDERING RESOLUTION N. W. 29TH STREET HIGHWAY IMPROVEMENT H-4361 17, ACCEPT GRANT OF EASEMENT LETHA INGLE 18, ACCEPT HIGHWAY RIGHT OF WAY DEED NATIONAL PARKINSON FOUNDATION 19, DELINQUENT SPECIAL IMPROVEMENT ASSESSMENT LIENS PUBLICATION OF 20, AGREEMENT - MIAMARINA RESTAURANT ASSOCIATES INDUSTRIES INC. 73-180 73-181 73-182 73-183 73-184 73-185 73-186 FILED 73-187 73-188 73-189 73-191 73-192 73-193 73-194 73-195 73-196 73-197 01 4 ITEM NO. SUBJECT 21. 22. 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36. 37, 38. 39. 40, • MONETARY GUARANTEE -REGATTA AT MARINE STADIUM NEGOTIATE WITH CHAMPION SPARK PLUG CO. CONSULTING ARCHITECT & ENGINEERS FEE BI-CENTENNIAL PARK REDUCE RENTAL RATE-BAYFRONT PK.AUDITORIUM DADE COUNTY PUBLIC SCHOOLS -MUSIC EDUCATION BID AWARD (STORM SEWER) LE JEUNE GARDENS HIGHWAY IMPROVEMENT H-4353 BID AWARD PEERLESS PUMP AND STAGE BASE EtWiENNWR BID AWARD MOWING EQUIPMENT BID AWARD LIGHTING IMPROVEMENTS - THE MIAMARINA RESTAURANT BID AWARD MOTOR POOL PAINT SHOP (TRUCK) ADDITION BID AWARD FIRE STATION FENCING BID AWARD ORANGE BOWL SPIRAL RAMPS REPAIRS BID AWARD MARINE STADIUM PARKING LOT LIGHTING BID AWARD MOORE PARK RUNNING TRACK LEASE AREA UNDER N.S. EXPRESSWAY N.W. RD ST, & N.W. 7TH ST. LEASE AGREEMENT UNDER EXPRESSWAY ATHALIE RANGE ETC. PARKING FACILITIES REVENUE BONDS FIXING CERTAIN DETAILS DEVELOPMENT QF pl-CF�NbENNIAL PARK ALLOCATION $18, O, 0 .OU - PHASE TWO - 1973 PROVISIONS FOR HANDICAPPED PERSONS DEVELOPMENT OF FUTURE FACILITIES FREE USE OF MARINE STADIUM SUNRISE EASTER ASSOCIATION REQUEST FOR DRUG REHABILITATION DENTER OLD ABANDONED FIRE STATION MIAMI AVE. 4TH ST. LATIN COMMUNITY RIVERFRONT PARK 73-198 73-199 73-200 73-201. 73-202 73-203 73-204 73-205 73-206 73-207 73-208 73-209 73-210 73-211 73-212 73-213 73-214 73-215 73-216 73-217 0? 1I011_ SUBJECT 41. ESTABLISH MAYOR'S COMMITTEE STUDY FEASIBILITY OF TRANSFER OF PARKS & RECREATION DEPARTMENT INCLUDING ORANGE BOWL RESOLUTINANCONNNbO � R 42, CERTIFICATES OF PUBLIC CONVENIENCE & NECESSITY 43. EXECUTIVE PAY PLAN 44. DAY CARE CENTERS REQUEST FOR USE OF FEDERAL REVENUE SHARING FUNDS 45. OFFICER OF THE YEAR GERALD GREEN 46. AMEND ORANGE BOWL ORDINANCE PERMITTING SOCCER GAMES 47, cONSULTING ENGINVERS - HIGHWAY IMPROVEMENT PROJECTS 48. PERSONAL APPEARANCE RICHARD E, CROUCH 49, AGREEMENT TRANSFER OF WATER & SEWERS DEPT TO METRO 73-225 50, IMPLEMENTATION OF PAY PLAN DISCUSSION 51, MANAGEMENT CONSULTANT DEFERRED 52, SALARY ADJUSTMENTS FOR COMMISSION APPOINTED PERSONNEL INCLUDING THE FOLLOWING POSITIONS: 73-218 73-219 DEFERRED 73-220 73-221 V0705. ASSISTANT CITY ATTORNEYS ASSISTANT TO DIRECTOR OF THE DEPARTMENT OF LAW CITY CLERK ASSISTANT CITY CLERK EXECUTIVE SECRETARY, CIVIL SERVICE BOARD INCLUDING ASSISTANT EXECUTIVE SECRETARY EXECUTIVE SECRETARY, PLANNING & ZONING BOARD ASSISTANT EXECUTIVE SECRETARY, PLANNING & ZONING BOARD 53, CONTRACT- ADMINISTRATIVE ASSISTANT TO MAYOR FRANK J. COBO 54. WAIVE RENTAL FEE- BAYFRONT PARK AUDITORIUM PUERTO RICAN DEMOCRATIC ORGANIZATION 55. RETROACTIVE PAY FOR COMLIISSIQN APPOINT�D SONNEL TO INCLUDE PORTION OCT, - TO JAN ,197 S DISCUSSION 73-226 -- 73-227 73-228 73-229 73-230 73-231 73-232 73-233 73-234 73-235 ITEM N0. SUBJECT gRabliBNNE" 56, FUTURE DEDICATION ROBERT KING HIGH PARK 73-236 57, EMERGENCY COMMUNICATION EQUIPMENT VEHICLES OF MEMBERS OF THE CITY COMMISSION 73-237 58, AMEND APPROPRIATIONS ORDINANCE IMPLEMENTATION OF PAY PLAN NO. 1 • • MINUTES OF REGULAR MEETING CITY COMMISSION OF MIANI, FLORIDA On the 22nd day of March, 1973, the City Commission of Miami, Florida, met at its regular meeting place at City Hall in said City in regular session. The meeting was called to order at 9:38 O'Clock A.M. by Mayor David T. Kennedy with the following members of the Commission present: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. ABSENT: None. An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. 1, WAIVING OF MINUTES OF PREVIOUS MEETING The following motion was introduced by Reverend Gibson who moved its adoption: A MOTION TO WAIVE THE READING OF THE MINUTES OF THE PREVIOUS CITY COMMISSION MEETING Upon being seconded by Mr. Reboso, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 2, PROCLAMATIONS (a) Week of March 11, 1973 as "OPEN SESAME STREET WEEK" (b) Week of March 25-31, 1973 as"NATIONAL COUNCIL OF JEWISH WOMEN WEEK" (c) Mr. John S. Lloyd, Assistant to the Director of the Department of Law was recognized by the Commission on the occasion of his receipt of plaque and honors naming him "OUTSTANDING AIR FORCE RESERVE OFFICER OF THE YEAR" WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM -MARCH OF DIMES The following resolution was introduced by Mrs. Gordon who moved its adoption : RESOLUTION NO. 73-180 A RESOLUTION WAIVING RENTAL FEE FOR USE OF THE GULFSTREAM ROOM OF BAYFRONT PARK AUDITORIUM ON APRIL 25, 1973 FOR THE USE OF THE DADE COUNTY CHAPTER OF THE NATIONAL FOUNDATION OF THE MARCH OF DIMES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 05 MARCH 22, 1973 a 4. RECEIVE SEALED BIDS - PROJECT #127-76 REID ACRES HIGOWAX IMPROVEMENT H-4 4V At exactly 10:00 O'Clock A.M., the Mayor announced the Commission was now ready to receive sealed bids as outlined above. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-181 A RESOLUTION TO RECEIVE, OPEN, TABULATE AND REFER TO THE CITY MANAGER FOR REPORT, BIDS AUTHORIZED TO BE RECEIVED THIS DATE "FOR REID ACRES HIGHWAY IMPROVEMENT H-4349 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None BIDS WERE RECEIVED FROM THE FOLLOWING: L. C. Morris, Inc., $467,575.00 Clifton Lightsey $599,883.75 D. M. P. Corporation $571,742.00 Marks Brothers Co.not lnc $547,226.00 5, OBJECTIONS TO CONFIRMATION OF PRELIMINARY ASSESSMENT ROLL N. E. 67 STREET SEWER IMPROVEMENT SR-5348-C (CENTERLINE SEWER) The Mayor announced the Commission was now ready to consider hearing of objections to confirmation of preliminary assessment roll for the N. E. 67 Street Sewer Improvement SR-5348-C. No objectors appeared. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-182 A RESOLUTION CONFIRMING THE PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION OF N. E. 67 STREET SANITARY SEWER IMPROVEMENT SR-5348-C (centerline sewer) IN N. E. 67 STREET SANITARY SEWER IMPROVEMENT DISTRICT SR-5348-C (centerline Sewer) AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT CERTIFIED HEREBY (Here follows body of resolution, omitted here and on file in the City Clerks Office) 06 MARCH 22, 1973 Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 6, MREQUEST ARCELLUSODEARBORN OF 1, BLOCK 2, S The Commission again took up for consideration a deferred item as described above. Mr. Eugene Davidson, Realtor -Zoning Consultant again appeared in be'Zalf of Applicant Francisco Martinez. Mr. Davidson: I have been before the Commission a month ago on this item in which we requested an R-3 zoning for the area xd out in yellow on the map. The area contains some 75,000 sq.ft. and is bounded on the south by the telephone company which you can see in the photographs, on the north by R-4 developed into apartment houses. We arc presently zoned R-2 duplex, we have the opportunity at the present time of coming in under the PUD, 3000 sq.ft. per unit and according to our architect, we will wind up with somewhere in the neighborhood of 20 and 25 units because of the setbacks and other requirements. We have requested according to our plan which is completely enclosed and has ingress and egress only onto l7th Avenue, to build R-3 even though the R-3 permits us as many as 83 units on this parcel of ground, we have requested only 56 units total, somewhere about 2/3 of what is permitted. The suggestion at the last Commission (fearing was that the department go back and study to see if they had considered R-3A and they said they had not considered it at that point, they just wanted to leave it duplex but they would go back and consider it and now they have considered it and they said they would go along with R-3A, at least that's the communication given to me. The only problem is that our architects have informed us that they will only be able to get 32 units on the R-3A which is about (i to 7 units more than we can build on this duplex. For 75,000 sq.ft. of land which is just short of 2 acres of ground, to build so few units, we are respectfully requesting either to leave us alone or give us our 56 because 56 units has been before you on many occasions and these other people wanted to build far greater densities than what we are asking for here. Under the R-3, you can build as high as 83 units on that land. It came to me as a zoning counselor and I suggested lets cut this back to somewhere which would be a happy medium. We are not the greatest location in the world because we are bounding on the south by the commercial operation of the tele phone company and they have 40 parking spaces plus all of their additional parking out on 17th Avenue but we are respectfully requesting is that we get out 56 units as per our plan zoning R-3. I could have said zone us R-4 which would have given us 100 units allowed and gone for broke but I felt this would be too much for the neighborhood and I feel that on almost 2 acres of land, 25 units per acre which is the density, that they are recommending all over the county and all over the state, 25 units per acre certainly isn't too much to ask in this case. Our -objectors are virtually minimum andnone of them are affected by this property at all. I will rest my case there in case you have any questions. Mayor Kennedy: Are there any objections? Any objectors here on this item? Mr. Acton, Director of the Planning Department: At the City Commission of February 22, you did request the Planning Department to go back and evaluate this particular site with the thought that perhaps an R3-A classification would be appropriate. This we have done and we have submitted to the Commission our findings and recommendation. The recommendation that the petitioned change of zoning be referred back to the Planning and Zoning Board to consider an R-3A zoning application on the subject property and the property due north of the subject property described as N.190' Lot 1, Blk 2 Marcellus Dearborn Subdivision. MARCH 22, 1973 • This recommendation for an R-3A classification on the subject property would provide a uniform R-3A district with the inclusion of the property presently zoned R-4 to the north of tLe subject property. Since the R-4 existing zoning is developed and since it is an application of spot zoning in an area that basically is uniformly developed as R-2 from 22nd to the Trail, be rezoned to a classification that is mere in keeping with the character of the area. We have prepared a map that will indicate our findings to the Commission. This map does indicate the low density character of the entire area except the area immediately north of the subject property. For uniformity and proper development, that the entire subject site and the R-4 property due north should be rezoned to the R-3 classification and we recommend you send this back to the Planning and Zoning Board for a change of zoning - Mrs. Gordon: Are you saying R-3? Mr. Acton: R-3A which does allow 1 unit per 1800 sq.ft. as opposed to the duplex PUD which would allow 1 unit per 3000 sq.ft. It's almost twice the density that would he allowed under R-2 and we believe - Mrs. Gordon: What is the proportion for R-3 Mr. Acton? R-3 is 1 per what? Mr. Acton: R-3 is -- Mr. Davidson: 1 per 900 Mr. Acton: Thats right, 1 per 900, its roughly, it would be double whats allowed under R-3A because of the other set regulations contained in our zoning districts, you have to realize it is not possible to usually achieve the maximum density in a particular classification because that den;.ity is based on the smallest unit for an efficiency apartment so you really can't build up to the maximum density unless you were to develop entirely efficiency apartments which would not be economically feasible in todays market. Mr. Davidson: May I rehutt? I disagree that the character of the neighborhood warrants a change with the telephone company and its commercial operations just to the south and then the bank is expanding very rapidly and they have their parking virtually in front of of the telephone company as it is and walk a short block and a half to the bank. The character of the neighborhood was changed the moment you brought in the telephone company with its major commercial operation into this neighborhood and iou must first remember the zoning of R-4 existed there long before the homes did. That building on that corner was built long before the residential uses as single family, the building existed before the CBS buildings that now predominate the neighborhood. Now that you have already got the maximum density into the north, its not going to be affecting anything there. All you are going to be doing is restricting this property to further pressures that will be back before you in the future to come. By asking for R-4 which would have given us a very unlimited use because we could have gone high and put a great deal more units on the land but by coming in with my recommendation of R-3, its limits us to 2 stories and while the maximum density there would be 83 units for this amount of land, we are only asking to build 56 and as I say 25 units to the acre is what most of the county is recommending as density. You must remember this is no longer a quiet suburban Coral Gables kind of street. This is a high traffic street and therefore by coming in with something reasonable, with a good traffic and flow and off- street parking such as we are providing, asking for 56 units on this land is not harmful. We have a problem that the property to the north does not have and that is we have a heavy commercial operation to the south of us which has heavy trucks ingress and egress which the photographs will show, delivery trucks going in and out of that parking lot. This is something that has to be taken into consideration,to restrict the use of this land to 32 units, I think this land will lay fallow for the future until such a time that public pressures will demand an increase in the housing. 08 MARCH 22, 1973 This man has come up with a good plan and he is faced with a severe problem of not only the encorachment of the commercial telephone operation but the bank parking which hasn't got enough to take care of itself is already parking across the street from our property. With these 2 thoughts in mind, I respectfully request that we be granted the R-3. Mayor Kennedy: Anyone else that wants to speak on this matter? Is there a motion? Mr. Plummer: Mr. Rothstein, some recent court decisions that we have seen. In fact, there is the R-4, it is there and it is built with recent new apartments. There is this commercial structure down to the south end. My question is, what is your opinion if they were to take this thing to court and ask for an R-4? Mr. Rothstein: We could probably uphold the R-2. You have the R-2 all around. Mr. Plummer: You couldn't uphold an R-2 Mr. Rothstein when Mr. Acton has just said he would suggest R-3A. Mr. Rothstein: Thats if the Commission wanted to act on R-3A. The Commission has the right to legislate but the courts do not have a right to allow somebody the lawful use and constitutional use of their property and the courts only can say, you cannot deny the highest and best use of the property, therefore, the whole area is R-2, the telephone company situation is not such an adverse use in its nature as to make a detriment to R-2 in the area because the R-2 is all around it so the answer to your question is while this Commission can legislate to R-3 or to 3A if it wants to, I don't believe the courts, I do believe we could uphold the R-2. Mr. Acton: Mr. Mayor, may I also make a comment. The R-3A recommendation is predicated on a rollback of the existing R-4 even though the property is presently built. As Mr. Rothstein has so aptly said, the Commission legislates policy and our suggestion here is that you can roll it back for the entire tract to indicate the policy is to keep the zoning pattern in conformance with the existing low density character of the entire area. Mr. Plummer: What would be accomplished by changing the corner back to an R-3A? All you are doing is rolling back the taxes. Mr. Acton: I understand that but by doing this you are setting a policy that you realize that at some previous time, the R-4 that was granted was a spot zoning arplication and was not really in character with the existing low .density characteristics of the entire area and by rolling back the zoning for that entire area, you are saying in effect the policy of the Commission should be to allow the type of zoning which is compatible with the R-2 and as Commissioner Gordon stated in the last meeting, the R-3A really was developed to be compatible and a good neighbor with either R-1 or R-2. This is the basic purpose of it. It has been applied in say along Bird Road which presently has R-2 zoning. We have recommended this type of zoning and it has been applied along Brickell Avenue which backs up to some very fine residential homes. We have tried to revise the R-3A to make it even more compatible with the surrounding area. The R-3 or the R-4 obviously are not compatible with low density neighbors. Mr. Rothstein: The rollback would not decrease the taxes because whatever is built there, that is what the taxes are on, but some- time in the future when the lifetime of the existing buildings are terminated, they have to be replaced, they could only be replaced at the R-3A level. 09 MARCH 22, 1973 Mr. Davidson: I testified in Court just recently having to do with the Grossman decisionwhich I think is similar to this in which it was upheld that the R-2, in the Le Jeune Gardens area was surrounded in the sphere of it such as this is but that was surrounding it on its side and on its front, the Grossman decision gave the R-4 to the property which is contrary and that's why he is your attorney but in that particular decision, Judge Grossman said thou shalt zone R-4 or not less than and in this case this property does not affect the R-2 at all. This property is on a high traffic street and it backs up to duplex just as the Grossman did back up to duplex and in front and adjoining it was R-4 and Judge Grossman said zone accordingly. Mayor Kennedy: Is there a motion on this item? Mr. Davidson: I might remind the Commission that it takes four votes to because we had a denial at the zoning board, it takes four votes to pass any motion. Mrs. Gordon: Has your client already prepared plans for this development? Mr. Davidson: We have given our preliminaries and that's as far as we've gone with it. I felt that if we had come in with 75 or 80 units but I had him bring it down under 60 which honestly this is not a very heavy density for almost 75,000 sq.ft.,two acres with commercial on the south. If I was really trying to go for broke, I would have said, lets go R-4 and really try to fill in the area in there but I have come in with all honesty and sincerity with a reasonable use of the land and these will be nice units because the price he has per unit with the land is going to run him somewhere over $3,000 per unit for the land so he is not going to build a cheap unit in there, that I can promise you. That's based upon 56 units Mr. Southern, City Clerk: Mr. Mayor, could I correct Mr. Davidson on one thing. It takes 4 votes to overrule the Planning Board and grant the application but only 3 votes to deny the application. Mayor Kennedy: Is there a motion? What would we all like to do? Mrs. Gordon: Mr. Mayor, I can see where there is some changed needed here because whether we want to face it or not, the tele- phone company is already there and there is a very large structure. The apartment building whether we like it or not, whether we wanted it there originally or not, -it is there. I really don't like the way it appears in that neighborhood. I think it is very overpowering. Both those structures existing are very overpowering for the neighborhood. They are already there. I am troubled by this applicants request because of the amount of density that he is requesting however he has a valid request in that there is some need for some change to take place on that particular piece of land because its like the meat between a sandwich, the two slices of bread are already there and this is in the middle. I recognize your problem and I recognize the need for some change however I stated at the last meeting that I felt that the kind of development that could be made under the R-3A would be more in keeping with the low density facing it on the other side of the street, Mr. Davidson, the R-2 which faces is accross the street and those people have to look accross the street and see what is developed on the other side of the street. This was the reasonwhy although I recognize a need for a change, I recognized also that perhaps the least possible amount of change should be the one we should consider and also whether we do it in R-3 or R-3A, I believe the R-4 should be rolled back for the sake of consistency and to eliminate spot zoning. I would he much more inclined to refer this back to the Planning Board for the recommendation on the R-3A unless this Commission can, Mr. Rothstein, Can we at this time vote to apply another zoning to it than the R-3 without referring it back. Mr. Acton you recommended we refer this back to the Planniirig and Zoning Board. Why?, if if you are approving the R-3A concept? Mr. Acton: You are in effect, rolling back zoning on the property to the north. MARCH 22, 1973 10 Mrs. Gordon: But you are already talking about referring to the Planning Board the portion of property to the north of this applicant's property, You are not referring him back to the Planning Board, are you? Mr. Acton: I t was our intention to refer the entire application back because the Planning Board had denied the application for R-2 and since then we have ccmc out with our recommendation which does in effect say that we realize that some change is needed because of the existing conditions. Mrs. Gordon: How about if we refer this back to the Planning Board for review and in conjunction with a rollback on the corner and see how they come back to us then, with that in mind. Is time of the essence to you? Mr. Davidson: At your pleasure. Mrs. Gordon: 'All right I'll refer this back to the Planning Board. Mayor Kennedy: Moved by Mrs. Gordon, is there a second? Seconded by Canon Gibson, call the roll. Mr, Southern: Mrs. Gordon, is that just the property in the application or the entire tract? Mrs. Gordon: And the adjacent property Mr. Southern: The recommendation of the Planning Department. Mrs. Gordon: Yes the recommendation of the Planning Department. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-183 A RESOLUTION TO REFER BACK TO THE PLANNING BOARD FOR RECONSIDERATION OF A POSSIBLE R-3A CLASSIFICATION FOR PROPERTY DESCRIBED AS N 250' PF S 450' OF LOT 1, BLOCK 2, MARCELLUS DEARBORN SUB (B-26) LOCATED AT 1906 THROUGH 1916 S. W. 17TH AVENUE, AS WELL AS THE ADJOINING TRACT OF LAND IMMr'.!)IATELY TO THE NORTH PRESENTLY ZONED R-4, ALL IN ACCORDANCE WITH THE PLANNING DEPARTMENT'S RECOMMENDATION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. 11 MARCH 22, 1973 40 • 7, VARIANCE -LOTS 8=18 BLOCK 104S, BRLCKELL ADD AMD (B-113) APPLICANT: FOUR AMBASSADOR S The Commission again took up for consideration application for variance as described above. Mr. Carl Hoffman, Attorney representing the applicant, Four Ambassadors again appeared. Mr. Hoffman: As you recall at the last meeting that we were before you, you suggested that this matter be referred to the Urban Review Board and it was and I am happy to report that we had several meetings with the Urban Review Board and as a result of that meeting, one sugge:;tion was made to the Board that a more detailed landscaping plan be .prepared which is here before you, prepared by Jonathon Seymour to show exactly what landscaping was contemplated around the hotel if this variance is granted and since then, Mr. Lester Pancoast, the chairman of your board has filed a report with you that I believe you should have which simply states why the Urban Review Board is favorably proposed to grant and to suggest that this variance he recommended as being compatible with the environmental conditions of the neighborhood and they have reviewed the whole site development concept and they have filed their report with you stating they feel these improvements and changes in landscaping meet with their approval. Mr. Plummer: The thing that bothers me the most if the problem you have there the most. You arc asking us to waive 227 parking spaces of 943 required. I didn't see in the Urban Review report anything that was a guarantee that you were going to build a new parking structure, that in the future you are looking to build a new parking structure when you develop accross the street as I understand it. Your situation there now is extremely critical and I am very much concerned that your enlarging your ballroom which means more people will be there. To eliminate 227 parking spaces of the required is what bothers me. Is there any way that you are willing to tie in the granting of this variance predicated on a guarantee of the building structure? Mr. Hoffman: Commissioner Plumiier, #1, we are not asking for the waiver of the 227 spaces, its just a waiver of development for,3 years and #2, we have met with the Board and they have reviewed the plans we had in mind and there is a whole planning concept for this, the yellow and the blue, a site plan and the planning concept is that the parking that would be needed for the additional density requirements for the ballroom is provided in the structure accross the street and they have reviewed the plans for this and secondly because of the need for hotel spaces in this structure, some of the office space is going back to hotel space which has a much lower requirement so we may not actually need the 227 spaces if this trend should not continue. But assuming we do need it as presently contemplated, it is provided for in the structure accross the street however, I think it would be unfair to this developer to require him to tie it together. He is making a representation to you in good faith, this developer has his property and is willing to do this but I don't think they should be required to do this. I think to tie up the land too far in the future for them. Mr. Plummer: Maybe you misunderstood me, that's the point I was trying to make. The streets of hell arc paved with good intentions and the fact remains that you may never develop accross the street Mr. Hoffman: I can appreciate your concern Commissioner Plummer and we have in mind the site development plan to develop this property within the next 3 to G months and I say depending on how that evolves, there is plenty of room there for the parking, the architects are quite aware of that, there is plenty of room in the structure that would go accross the street to provide this and frankly I think Canon Gibson indicated a concern at the last meeting about the impact of this development because it would be for con- vention space and these would be mostly for out of city conventions, people coming from out of the city to attend the conventions, they arrive by taxicab or public vehicles so there is not the need for parking as such. 1 ,, MARCH 22, 1973 i The cab would take them to the airport, the hotel and return them there when they leave after the convention and this would be 70= 80%, the major demand for the use of this ballroom space. The other usage of it would be much more limited, probably 20% for local groups who would be there in the evening, when the people had left the area and the people are out of the 4-Ambassadors as such there itself so you would have less people there in the evening when local organizations are using it for banquets but as I say, I am not in a position to say that we can tie the 2 properties together by agreement. Mrs. Gordon: May I point out what I read into the request. I read in that we are waiving the development of 227.of 943 required off-street parking spaces for a period of 3 years so therefore, if we grant this request, at the end of 3 years, you are going to have to come up with this parking somewhere, somehow and so in effect Mr. Plummer, we have them ,:ied down. they can't put these spaces on the roof, they are going to have to'develop them and the only place they can develop them is on the land they own accross the street so in effect wo do have them tied, as I read this, am I right Mr. Rothstein? Mr. Rothstein: Yes Mam, part of the conditional use would be that if they fail to provide that, they would be then losing their permission and they would have to close off the structure or lose their occupancy license to operate as a hotel. Mrs. Gordon: Exactly, close it off or tear it up or something which they won't do. Mr. Rothstein: The way the conditional use would be is that they would lose their right to operate the hotel, that's the only way we could enforce it. I don't know if they want to undergo now, to undertake that risk 3 years from now. They might have to close their whole hotel operation down if they don't provide the spaces. If you sell off your property accross the street to somebody else, that's going to be the condition you are going to agree to before you build. Mr. Koffman: Yes we have to provide the parking on the property or on property that is contiguous. Mr. Plummer: You are willing to do that? Mr. Hoffman: We are willing to - Mr. Rothstein: Or you will have to close your operation of your hotel, you understand that? That's your real problem. Mr. Hoffman: Well if it gets closed up, we have a 5=6,000 sq.ft. ballroom and we would just have to close the excess space of the ballroom and not use it, just go back to our present operation. Mrs. Gordon: Does everyone here understand that this is a part of your request? You made the request and so this is what you said and if we grant this, then you are tied to that limitation and I would like to read into the record the recommendation of the Urban Review Board who we asked to give us a recommendation, it says: The Urban Review Board approves of the 4-Ambassadors bayside improvements and landscaping as consistent with environmental objectives for the Brickell area. The large, presently arid pool deck at the 4-Ambassadors will be greatly improved by the proposal. The Board has met with the owners to begin review of the massive project accross Bayshore Drive which will inter -connect with and function with the 4-Ambassadors and took note of the fact that a future parking garage will accomodate the parking required by the 4-Ambassadors new ballroom and in the meantime, the land is there and you are parking cars on it, so this does take care of your overflow at the present time. Mr. Hoffman: That's correct. 13 MARCH 22, 1973 Mrs. Gordon: I am satisfied. Mr. Plummer: As long as you are willing to enter into such an agreement - Mrs. Gordon: I am satisfied that we have protected the City and the area. and I would move this resolution. Mr. Rothstein: The resolution should contain the condition and the provision that they sign a satisfactory agreement. Mrs. Gordon: I would include this into the motion that a satis- factory agreement, satisfactory to our Law Department be a part of the approval. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-184 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XI-2, SECTIONS 5 4 6, AND ARTICLE XXIII, SECTION 4 (32) TO PERMIT ALTERATIONS AND ADDT'TIONS TO EXISTING APARTMENT -HOTEL -OFFICE COMPLEX LOCATED ON LOTS 8 THRU 13, LESS WESTERLY 370' BLOCK 104S, BRICKELL ADD AMD, (B-113), MAKING LOT COVERAGE OF 36.02% (28.69% PERMITTED BY RESOLUTION NO. 36582) AND FLOOR AREA RATIO OF 3.65 (3.59 PERMITTED BY RES- OLUTION NO. 3658'') , WAIVING TIIE DEVELOPMENT OF 227 OF 943 REQUIRED OFF-STREET P.IRKING SPACES FOR A PERIOD OF THREE (3) YEARS, LOCATED AT 801 SOUTH BAYSHORE DRIVE IN AN R-CB (RESIDENCE -OFFICE) DISTRICT, SUBJECT TO CONDITIONS SET FORTH HEREIN (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None 8, VARIANCE- LOTS 9 & 10, BLOCK 1, HYDE PARK The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-185 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871 ARTICLE VIII, SECTIONS 3(3) AND 6, TO PERMIT CONSTRUCTION OF ADDITION TO SINGLE FAMILY RESIDENCE, WITHH LOT COVERAGE OF 37%(30% PERMITTED) AND WITH REAR SETBACK OF 12' (20' REQUIRED); BEING LOCATED ON LOTS 9 AND 10, BLOCK 1, HYDE PARK 11-60 AT 4360 WEST FLAGLER STREET; ZONED R-4 (Medium Density Multiple) (Here follows body of resolution, omitted here and on file in the City Clerks Office) 14 MARCH 2', 1973 • a Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverence Gibson and Mayor Kennedy. NOES: None Mr. Frederico Delarosa, the applicant appeared and urged the adoption of the resolution. No objector's appeared. 9, VARIANCE - LOT 21, BLOCK 6, ROGER'S ADDITION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-186 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 11 (1) TO PERMIT CONSTRUCTION OF DUPLEX ON S. 100' OF LOT 21, BLOCK 6, ROGER'S ADDITION (5-49) LOCATED AT APPROXIMATELY 1715 N. W. STHI STREET, WAIVING REPLATTING REQUIREMENTS, BEING 50' IN WIDTH (60' REQUIRED) AND RAVING 5,000 SQUARE FEET OF AREA (6,000 SQUARE FEET REQUIRED) ZONED R-2 (TWO-FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Kennedy. NOES: None Mr. Leonard Sussman representing the applicant appeared and urged adoption of the resolution. No objectors appeared. 9A, STATUS REPORT CAPITAL LMPROVEMENT PROGRAM 1972-1976 The City Manager filed a 4 page status report with the members of the City Commission on the Capital Improvement Program from 1972 to 1976, which is made a part of the minutes of this meeting and will be found following Resolution 186. 15 MARCH 22, 1973 1 10, VARIANCE- LOTS 20 & 21, BLOCK 35, FAIRLAWN (8-83) Mr. Fabian A. Ellis Jr., Applicant in the above described application appeared to explain to the Commission his plan for addition to an existing motel for his own use. Mr. E11i4 : I would like to say in asking for this variance that I am not seeking to build any closer to my property line or change the lot coverage or parking in anyway. I am asking to build up and not out to increase my living quarters. I want to add another bedroom and family room for my own use, we have three children in one room at the present time. Mrs. Gordon: As I understand now, the applicant is saying that this structure with its setbacks and lot coverage is existing and that you are merely stating this because you want to build a second story addition to it and therefore, you have to reiterate because the conditions existing arc in variance with the code, is that right? Mr. Ellis: Yes Mam, that is correct. Mrs. Gordon: This is for your own family's needs. Mr. Ellis: Yes. Mrs. Gordon: You live at the present time in the structure? But you want to move into the new addition, is that it? Mr. Ellis: No Maam, we occupy, its an L-shaped building on the plat it shows. We occupy the short portion of the L and the long portion is 6 rental. units. What I want to do is build above our residence to enlarge it. Mrs. Gordon: And then you will still remzin downstairs where you are, so there won't be another tenant coming in? Mr. Ellis: No, we will occupy both upstairs and downstairs. Mrs. Gordon: And you will make it into one family unit? Mr. Ellis'.' Presently we are living in about 800 sq.ft. and I have 3 children, luckily they are all girls, in one bedroom and that's the whole problem. Mrs. Gordon: I can understand your need and I11 uphold the recommendation of the Planning Board. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-187 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XI, SECTIONS 3 (2), 3 (3) AND 6, AND ARTICLE XXIII, SECTION 2 (2), TO PERMIT 2ND STORY ADDITION TO OWNER'S RESIDENCE PORTION OF EXISTING MOTEL, ON LOTS 20 AND 21, BLOCK 35, FAIRLAWN (8-83), LOCATED AT 6241 S. W. 8TH STREET WITH LOT COVERAGE OF 410 (30% PERMITTED), SIDE STREET SETBACK OF 13.5' (15' REQUIRED), WITH REAR SETBACK OF 2' (20' REQUIRED), INSIDE SETBACK OF 5.3' (9' REQUIRED), PERMITTING 7 EXISTING OFF- STREET PARKING SPACES TO REMAIN BACKING INTO S.W. 62ND COURT, SUBJECT TO RESTRICTING THE USE TO OWNER OCCUPIED LIVING -QUARTERS, AND NO ADDITIONAL RENTAL SPACE; ZONED C-2 (COMMUNITY -COMMERCIAL) DISTRICT 16 MARCH 22, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Reboso, Mrs. Gordon and Mayor Kennedy. NOES: None 11, CCONDITIONLTH TUSE REET - OFF STREET LOT ON UNPLATTED SITE Mr. L. P. Evans Jr., Attorney representing Richard Electric Supply, the applicant appeared to explain this request to the Commission. Mr. Evans: The request is for a conditional use for Off -Street Parking coming under the new Ordinance that was passed last OCtober. Richard Electric Company is located in the center of the block facing on N. W. 54th Street. This is the yellow lot and comes out on 1st Avenue and is the lot they have in mind to use for off-street parking. Mr. Plummer: Mr. Evans, are you agreeable to the point here that says approval subject to revised site plan for review by the Planning Department. Are you in accord with that Sir? 'Mr. Evans: Yes Sir, we are, I might point out. I spent about Di hour yesterday with Mr. Whipple in connection with with the issue of the best way to pull in for the parking. Now they come in from the east side of the block. Mr. Plummer: You are in accordance with this Sir? Mr. Evans: Yes Sir, I just wanted to point out one thing for the record. We discovered yesterday that the zoning for C-5 extends 15' into this particular lot and the yellow lot, the north 15' as C-5 which would provide the access under our determination yesterday from 1st Avenue and would not block off the parking for the architectural firm that is located at the opposite end of the block. Mr. Plummer: And you are aware of the lighting ordinance? Mr. Evans: Yes. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-188 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (b), TO PERMIT OFF-STREET PARKING LOT ON AN UNPLATTED SITE, AT 5431 N. W. 1st AVENUE, IN CONJUNCTION WITH RICHARD ELECTRIC SUPPLY COMPANY, LOCATED AT 8 N. W. 54TH STREET SUBJECT TO A FIVE-FOOT HEDGE AND FENCE ON NORTH SIDE AND APPROVAL BY THE PLANNING DEPARTMENT OF INGRESS AND EGRESS TO THE PARKING AREA; ZONED R-4, (MEDIUM DENSITY MULTIPLE) DISTRICT; AND SUBJECT TO THE LIGHTING REQUIREMENTS OF ORDINANCE NO. 8115 OF THE CITY OF MIAMI 1'7 MARCH 22, 1973 • • (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reveresi Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 12, ACCEPT COMPLETED WORK - NEST PINEMOUNT SANITARY SEWER IMPROVEMENT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-189 A RESOLUTION ACCEPTING THE COMPLETED WORK OF HOWARD-PRICE COMPANIES (A JOINT VENTURE) FOR THE CONSTRUCTION OF WEST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5233 C (CENTERLINE SEWER) AND SR-5233 S (SIDELINE SEWER) AT A TOTAL COST OF $952,318.31; ASSESSING $64,016.24 AS LIQUI- DATED DAMAGES FOR 500 DAYS OVERRUN OF CONTRACT TIME AND OTHER COSTS; AND AUTHORIZING AFTER ALL ADJUSTMENTS, A FINAL PAYMENT OF $33,400.15 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Reboso, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 13, ACCEPT COMPLETED WORK - LIBERTY SANITARY SEWER FORCE. MAIN & PUMP STATION The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-190 A RESOLUTION ACCEPTING THE COMPLETED WORK OF JOE REINERTSON EQUIPMENT CO., FOR THE LIBERTY SANITARY SEWER FORCE MAIN AND PUMP STATION AT A TOTAL COST OF $167,678.00 AND AUTHORIZING A FINAL PAYMENT OF $23,412.50 (Here follows body of resolution, omitted here( and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 18 MARCH 22, 1973 • • 141 RESOLUTION QRDERING NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT H-4359 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-191 A RESOLUTION ORDERING NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT H-4359 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT DISTRICT H-4359 AND ALLOCATING THE AMOUNT OF $35,000 FROM THE HIGHWAY GENERAL OBLIGATION BOND FUND FOR PRELIMINARY EXPENSE (Here follows tbdy of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: NOne 15, RESOLUTION ORDERING fL EA 4 I H COURT HIGHWAY IMPROVEMENT H-4360 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-192 A RESOLUTION ORDERING N. E. 4TH COURT HIGHWAY IMPROVEMENT H-4360 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS N. E. 4TH COURT HIGHWAY IMPROVEMENT DISTRICT H-4360; AND ALLOCATING THE AMOUNT OF $150,000 FROM THE HIGHWAY GENERAL OBLIGATION BOND FUND FOR PRELIMINARY EXPENSES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 19 MARCH 22, 1973 • 16, RESOLUT LE T HIGI The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-193 A RESOLUTION ORDERING N. W. 29TH STREET HIGHWAY IMPROVEMENT H-4351 AND DESIGNATING THE PROPERTY AGAINST WHICH SP3CIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS N. W. 29TH STREET HIGHWAY IMPROVEMENT DISTRICT H-4361; AND ALLOCATING THE AMOUNT OF $43,000 FROM THE HIGHWAY GENERAL OBLIGATION BOND FUND FOR PRELIMINARY EXPENSES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 17, ACCEPT GRANT OF EASEMENT FROM LETHA INGLE The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-194 A RESOLUTION ACCEPTING FROM LETHA INGLE, A WIDOW, A GRANT OF EASEMENT. FOR PUBLIC UTILITIES AT THE WESTERLY CORNER OF THE SOUTH DIXIE HIGHWAY AND S. W. 31ST ROAD, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED GRANT OF EASEMENT; AND DIRECTING THAT THE PROPER OFFICIALS RECORD IN THE PUBLIC RECORDS OF DADE COUNTY SAID GRANT OF EASEMENT AFTER IMPRINTING THEREON A PROPER CERTIFICATE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYLS: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 20 MARCH 22, 1973 r • 18, ACCEPTING HIGHWAY RIGHT OF WAY DEED -NATIONAL PARKINSON FOUNDATION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-195 A RESOLUTION ACCEPTING THE HIGHWAY RIGHT OF WAY DEED EXECUTED BY THE NATIONAL PARKINSON FOUNDATION INC., CONVEYING FOR HIGHWAY WIDENING A STRIP OF LAND ALONG N. W. 9 AVENUE BETWEEN N. W. 15 AND N. W. 17 • STREET; AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO RECORD SAID DEED IN THE PUBLIC RECORDS OF DADE COUNTY (}sere follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Kennedy. NOES: None 19, DELINQUENT SPECIAL LMPROVEMENT ASSESSMENT LIENS -PUBLICATION OF Mr. Plummer: Do we use the same papers that we used before Mr. Reese? Mr. Reese: I would suggest you use the same ones. Mr. Plummer: The Miami Herald, News and the Miami, Review, I'll move that. Mayor Kennedy: Moved by Mr. Plummer: Mr. Reboso: Second. Mayor Kennedy: Seconded by Mr. Reboso, call the roll. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-196 A RESOLUTION SELECTING A NEWSPAPER IN WHICH THE NOTICE OF SALE OF CERTIFICATES ISSUED BY THE CITY OF MIAMI FOR DELINQUENT SPECIAL IMPROVEMENT ASSESS- MENT LIENS SHALL BE PUBLISHED (Isere follows body of resolution, omitted here and on file in the City Clerks Office) 21 MARCH 22, 1973 • Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None Mr. Plummer: Mr. Reese, do you think it would be advisable Sir, that we might consider a 4th publication and I won't want to designate but it be in a spanish newspaper? Mr. Reese: The only thing is, this is a special assessment easement and its not for land or anything else and you have 35 spanish news- papers. Mr. Plummer: In other words, your not recommending that it be done at this time? Mr. Reese: Not for these. If it was open land or something else to be purchased or to go on a tax sale, yes, when those come up for delinquent taxes, then I would say yes, but on these special easements, it's usually picked up by the people who hold the mortgage Mr. Plummer: All right Sir. Mayor Kennedy: We also have to remember that at least 1/3 of our population is spanish speaking. Mr. Reese: Sure. Well if the City Commission wants this. I am not making your policy foryou. Mrs. Gordon: Well I think maybe one or two or three publications should be selected, you can't say one in a spanish newspaper media, its impossible. Mayor Kennedy: How are yoi going to say three either? Mrs. Gordon: Well there are three leading newspapers, maybe Mr. Reboso could help us out. Mr. Reboso: I would suggest the one with the largest circulation. I don't know which one it is. Mrs. Gordon: We will let the Manager determine the one with the largest circulation. Mayor Kennedy: Its very hard to do, some of them are giveaways - Mr. Reese: Mr. Mayor, may I suggest on these special easement liens - Mayor Kennedy: Lets not do it on that, I think you made your point, on the others - Mr. Reese: On the others, you do that, when there's land and tax sales etc. Mayor Kennedy: I think you ought to get the facts and figures on the spanish newspapers so we will have them in the future and I think what you have to do is, there are some that are sold and have a certain subscription and there are others that are given away that have even a greater subscription and I don't know how you judge that. Mr. Reese: Circulation is a very difficult thing because it depends on tb„eir advertising rates. Mr. Southern: Then that won't be included in this motion? Mayor Kennedy: Not in this one. MARCH 22, 1973 22 20, AGREEMENT- RESTAURANT ASSOCIATES INDUSTRIES INC. - MIAMARINA Mr. Rothstein, City Attorney: Mr. Mayor, you asked me to explain this item. To very simply explain it, this would be like a sale and lease back of a piece of property by somebody who has a piece of property, built a building and they want to use the building but then they want to get some of their capital out for tax purposes and they sell the building the the people they sell it to, lease it right back to them. What they are doing here is, they are taking all of the approximate million dollars that they put in the equipment and development and fixing up of the building and they are selling it and leasing it back through a joint venture. The exact same people who were on the original lease, the Miamarina leased to Restaurant Associates are the ones who will be responsible, are the ones who will operate and in addition to the regular obligation under the lease, I specifically had them sign a separate additional agreement which clearly states and acknowledges that in addition to their clear obligation under the lease by us allowing them to make these assignments, they remain fully responsible under the liability of the lease and for the operations and may not be released from that. Mayor Kennedy: They are still on the hook for the duration? Mrs. Gordon: Nobody has been relieved of any responsibility, right? Mr. Rothstein: They have not been relieved of the responsibility and in addition, I made them sign another agreement so its double secured. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-197 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI TO EXECUTE AN AGREEMENT WITII RESTAURANT ASSOCIATES INDUSTRIES INC., AND RESTAURANT ASSOCIATES INDUSTRIES OF FLORIDA, INC., CONSENTING TO THE ASSIGNMENT TO MIAMARINA ASSOCIATES, A FLORIDA LIMITED PARTNER- SHIP, OF A LEASE DATED MAY 5, 1970 BETWEEN THE CITY OF MIAMI AS LESSOR AND RESTAURANT ASSOCIATES INDUSTRIES INC., AS LESSEE OF PRErISES KNOWN AS MIAMARINA (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None MARCH 22, 1973 21, MONETARY GUARANTEE -UNLIMITED REGATTA MIAMI MARINE STADIUM N.GOTIATE WITH CHAMPION SPARK PLUG CO. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-198 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE TO NEGOTIATE WITH THE CHAMPION SPARK PLUG COMPANY CONCERNING THE MONE- TARY GUARANTEE THAT COMPANY WILL MAKE WITH REGARD TO THE UNLIMITED REGATTA AT MIAMI MARINE STADIUM MAY 18, 19, 20, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: NONE 22, CONSULTING ARCHITECT & ENGINEERS FEE -COMMERCIAL DOCKS IN $I -CENTENNIAL PARK Mr. Reese: We have the allocation of the bond monies after the spending of the resolution proposing the expenditure. Mrs. Gordon: Who is the consulting landscape architect? Mr. Reese: Stone, who the City Commission selected. Mrs. Gordon: At the last City Commission Meeting, didn't we in essence do the same thing? Mr. Reese: Yes, but this is allocating the funds. Mrs. Gordon: Just completing what we started then? Mr. Reese: Right, allocating the funds. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-199 A RESOLUTION ALLOCATING FROM THE PUBLIC PARKS AND RECREATIONAL BOND FUND $225,000 FOR THE CONSULTING LANDSCAPE ARCHITECT'S AND ENGINEER'S FEE IN CONN- ECTION WITH THE DEVELOPMENT OF COMMERCIAL DOCKS IN THE BICENTENNIAL PARK, AND AN ADDITIONAL $25,000 FOR TESTS, BORINGS, INSPECTION OF BULKHEADS, SOIL SAMPLES, ETC. (Here follows body of resolution, omitted here and on file in the City Clerks Office) 24 MARCH 22, 1973 Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 23, REDUCE RENTAL RAJE-BAYFRONT PARK AUDITORIUM-DADE COUNTY PUBLIC SCHOOLS FOR MUSIC EDUCATION The following resolution was introduced by Reverend. Gibson who moved its adoption: RESOLUTION NO. 73-200 A RESOLUTION GRANTING THE USE OF THE BAYFRONT PARK AUDITORIUM AT A REDUCED RATE BY THE DADE COUNTY PUBLIC SCHOOLS FOR MUSIC EDUCATION FESTIVALS ON APRIL 24-26, 1973; AND MAY 14-17 1973; AND MAY 22-24, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was,,,.. passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 24, BID AWARD - LE JEUNE GARDENS HIGHWAY IMPROVEMENT H-4353 STORM SEWER The following resolution was intrcduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-201 A RESOLUTION AWARDING THE BID RECEIVED MARCH 7, 1973 OF INTERCOUNTY CONSTRUCTION CORPORATION IN THE ESTIMATED AMOUNT OF $430,737.50 FOR THE LE JEUNE GARDENS HIGHWAY IMPROVEMENT H-4353 (STORM SEWER); ALLOCATING THE ADDITIONAL AMOUNT OF $53, 444.00 FROM THE STORM SEWER BOND FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE A CON- TRACT FOR THE AFORESAID WORK; ACCEPTING FROM FLORIDA UNDERGROUND UTILITIES, INC., THE AMOUNT OP $702.50 AS FULL AND FINAL SETTLEMENT FOR FAILURE TO EXECUTE A CONTRACT FOR SAID WORK WHICH CONTRACT WAS BY RESOLUTION NO. 73-27 ADOPTED JANUARY 11, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Officel Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 25 MARCH 22, 1973 • 25, BID AWARD - 9EERLESS PUMP AND STAGE BASE THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO MOVED ITS ADOPTION: RESOLUTION NO. 73-202 A RESOLUTION ACCEPTING THE BID RECEIVED FEBRUARY 23, 1973 OF GONDAS CORPORATION FOR FURNISHING ONE (1) 2" PEERLESS PUMP WITH FOUR (4) STAGE BASE AT A TOTAL COST OF $5,133.00 FOR USE BY THE DEPARTMENT OF SANITATION, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT OF THE CITY OF MIAMI TO ISSUE A PURCHASE ORDER THEREFOR, AFTER FIRST HAVING DETERMINED THAT FUNDS ARE AVAILABLE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 26, BID AWARD - MOWING EQUIPMENT The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-203 A RESOLUTION ACCEPTING THE BIDS RECEIVED FEBRUARY 20, 1973, OF HECTOR TURF AND GARDEN, INC., AND DE BRA TURF AND EQUIPMENT COMPANY, FOR FURNISHING MOWING EQUIPMENT, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT OF THE CITY OF MIAMI TO ISSUE PURCHASE ORDERS, AS REQUIRED, AFTER FIRST HAVING DETERMINED THAT FUNDS ARE AVAILABLE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 26 MARCH 22, 1973 27, BID AWARD - LIGHTING IMPROVEMENTS - THE MIAMARINA RESTAURANT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-204 A RESOLUTION AWARDING THE BID RECEIVED MARCH 2, 1973 OF ROSSER ELECTRIC COMPANY, INC., IN THE ESTIMATED AMOUNT OF $12,947.10 FOR THE MIAMARINA RESTAURANT- LIGHTING IMPROVEMENTS- 1973; ALLOC- ATING THE AMOUNT OF $14,500 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND -UNALLOCATED FUNDS"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Kennedy. NOES: None 28. BID AWARD - MOTOR POOL #1 PAINT SHOP(TRUCK) ADDITION The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-205 A RESOLUTION AWARDING THE BID RECEIVED MARCH 1, 1973 OF BISCAYNE CONSTRUCTION INC., IN THE EST- IMATED AMOUNT OF $89,966.00 FOR THE MOTOR POOL NO. 1 - TRUCK PAINT SHOP ADDITION 1973; ALLOC- ATING THE ADDITIONAL AMOUNT OF $45,783 FROM THE ACCOUNT ENTITLED "CAPITAL IMPROVEMENT FUND - UNALLOCATED FUNDS'; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: NOne 27 MARCH 22, 1973 • ito 29, BID AWARD - FIRE STATIONs FENCING- 1973 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-206 A RESOLUTION AWARDING THE BID RECEIVED MARCH 19, 1973, OF FENCE MASTERS, INC., IN THE ESTIMATED AMOUNT OF $6,902 FOR THE FIRE STATIONS FENCING-1973; ALLOCATING THE AMOUNT OF $7,730 FROM THE ACCOUNT ENTITLED FIRE FIGHTING AND RESCUE FACILITIES BON,) FUND; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 30, BID AWARD - ORANGE BOWL SPIRAL RAMPS REPAIRS PHAS 2 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-207 A RESOLUTION AWARDING THE BID RECEIVED MARCH 20, 1973 OF C. A. DAVIS, INC., IN THE ESTIMATED AMOUNT OF $89,300 FOR THE ORANGE BOWL - SPIRAL RAMPS REPAIRS (PHASE 2) - 1973; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote-tA!ES: Messrs. Plummer, Reboso, Reverend Gibson,Mrs. Gordon and Mayor Kennedy. NOES: None 28 MARCH 22, 1973 31. BID AWARD - MARINE STADIUM PARKING LOT LIGHTING- 1973 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-208 A RESOLUTION AWARDING THE BID RECEIVED MARCH 19, 1973 OF BRANAM ELECTRIC CO., INC. IN THE ESTIMATED AMOUNT OF $60,292 FOR THP MARINE STADIUM PARKING LOT LIGHTING - 1973: AUTHORIZING THE CITY MANAGER TO PERFORM CERTAIN ADDITIONAL WORK BY CITY FORCES OR BY NEGOTIATED CONTRACT; ALLOCATING THE AMOUNT OF $69,767 FROM THE ACCOUNT ENTITLED "CAPITAL IMP- ROVEMENT FUND- UNALLOCATED FUNDS"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 32, MOORE PARK RUNNING TRACK- ACCEPTING BID ETC. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-209 A RESOLUTION ALLOCATING THE AMOUNT OF $3,889 FROM THE PUBLIC PARK AND RECREATIONAL FACILITIES BOND FUND, WHEN AVAILABLE; ACCEPTING THE BID OF FENCE MASTERS INC., AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $3,472 FOR MOORE PARK RUNNING TRACK -FENCING -1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon bei.ng seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. 29 MARCH 22, 1973 33, LEASE- UNDER N.S. EXPRESSWAY BETWEEN N.W. 3RD ST & NfW$ 5TH ST. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-210 A RESOLUTION APPROVING IN PRINCIPLE, A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE AREA UNDER THE NORTH -SOUTH EXPRESSWAY BETWEEN N. W. 3RD STREET AND N. W. STH STREET: AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO FORWARD SAID AGREEMENT AND OTHER NECESSARY DOCUMENTS TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Here follows body ofresolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 34. LEASE AGREEMENT -UNDER EXPRESSWAY PARK #2- "ATHALIE RANGE EIC." The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-211 A RESOLUTION APPROVING IN PRINCIPLE, A LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR LAND KNOWN AS "ATHALIE RANGE UNDER -EXPRESS WAY PARK NO. 2", COMPRISING THE AREA UNDER THE NORTH -SOUTH EXPRESSWAY BETWEEN N. W. 73RD STREET AND N. W. 7STH STREET; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO FORWARD SAID AGREEMENT AND OTHER NECESSARY DOCUMENTS TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 30 MARCH 22, 1973 • 35, FIXING CERTAIN DETAILS- $3 150.000 PARKING FACILITIES REVENUE BONDS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-212 A RESOLUTION FIXING CERTAIN DETAILS CONCERNING $3,150,000 PARKING FACILITIES REVENUE BONDS (SERIES C) OF THE CITY OF MIAMI, FLORIDA, AND DIRECTING PUBLICATION OF NOTICE OF SALE OF SAID BONDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 36, ALLOCATION OF $18,500.000,00 FOR DEVELOPMENT OF BI-CENTENNIAL PARK The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-213 A RESOLUTION ALLOCATING $18,500,000.00 FROM THE PUBLIC PARKS AND RECREATIONAL FACILITIES BOND FUND FOR DEVELOPMENT OF BICENTENNIAL PARK, INCLUDING ACQUISITION OF LAND, CONSULTANT'S FEES, ARCHITECTS FEES, ETC., FUNDS FROM SAID PUBLIC PARKS AND RECREATIONAL FACILITIES BONDS TO BECOME AVAILABLE APRIL 5, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the.following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None MARCH 22, 1973 31 • 37. CONSTRUCTION OF FUTURE FACILITIES - PROVISIONS FOR HANDICAPPED Mrs. Gordon: In discussion with all the architects who will be involved with the designing of these parks that we are going to have, I think we made it clear it a previous public hearing but I would like to reiterate that we make certain that all of the parks have facilities to accomodate those persons who are handi- capped. Walkways, lower fountains and bathroom facilities. I would like to know if that was a previous motion or not but I would like to move that. Mr. Reese: I insist on that on everything, public buildings and everything. Mrs. Gordon: I would just like the Commissions policy to be in the record and I would move it. RESOLUTION NO. 73-214 A RESOLUTION DECLARING THE POLICY OF THE COMMISSION THAT ALL FUTURE PUBLIC FACILITIES CONSTRUCTED BY THE CITY OF MIAMI CONTAIN PRO- VISIONS FOR ACCOMODATING HANDICAPPED PERSONS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 38. FREE USE OF MARINE STADIUM -SUNRISE EASTER ASSOCIATIONt The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-215 A RESOLUTION CONFIRMING THE FREE USE OF THE MIAMI MARINE STADIUM BY THE . SUNRISE EASTER ASSOCIATION FOR A NON-DEMON- INATION EASTER SUNRISE SERVICE ON APRIL 22, 1973, PROVIDING NO ADMISSION IS CHARGED; AND FURTHER PROVIDING THAT PROPER rUNDS BE TRAN- SFERRED FROM THE PUBLICITY DEPARTMENT ACCOUNTS (Here follows body of resolution, omitted here and on file in the City CLerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None RECESS: THzzE,,[[COMMISSION WAS IN RECESS FROM 11:15 O'CLOCK A.M. 2NUULO'CLOCK P.M. 32 MARCH 22, 1973 • NOTE: The Commission reconvenes at 2:10 O'Clock P.M. with all members present. 39, OLD FIRE STATION AT NORTH MIAMI AVENUE AND 14TH STREET REQUEST FOR USE AS DRUG REHABILITATION CENTER Dr. Ben Sheppard appeared before the Commission to request the use of the Old Fire Station located at North Miami Avenue and 14th Street for use as a drug rehabilitation center. Mayor Kennedy: Mr. Reese, I have asked Dr. Sheppard to come down here. He and I have had many discussions in the past about the old fire station that is being phased out. Dr. Sheppard for so many years was the one lone person that was trying to do something to rehabilitate our drug users and he has an excellent idea of what could happen to that station and I would like to call on him now to say a few words and then ask you if what he is going to ask is going to be possible. Doctor - Dr. Sheppard: There is an old abandoned, I think its abandoned now, I see its all shuttered up, fire house on North Miami Avenue and 14th Street and we would like to take that over as a rehab preventative center at no cost to the City other than perhaps $1.00 a year lease. What we intend to put in there is a neighborhood youth center. There is a great need for it in that area. I think if we have this, we could do a great deal with drug prevention. It is not meant to be a therapeutic immunity of any kind, just a prevention center. its standing there and I understand the only thing necessary is to have it termite cleaned and we would do the rest if we had the privelege of using the place. Mayor Kennedy: When you say we, you are talking about the archdiocese? Dr. Sheppard: The Archdiocese, yes. Mayor Kennedy: Mr. Reese? Mr. Reese: We dedicated the new fire station a couple weeks ago and all of the material is moved out of the old fire station with the exception of some property we are endeavoring to clean out in order to strip it down so it would be a vacant building. Mrs. Gordon: Mr. Reese, the condition of the building is safe? Mr. Reese: This is one of the problems that bothers me bedause I don't question Dr. Sheppard's judgment but I don't know who supplied him with the information that its only termites. The building is a very old building, it was built in the early 20s and it has had some construction problems in it. I don't know if its the responsibility of termites or what but I think that it would be more advantageous to Dr. Sheppard and to the Commission before you make any decision that we will proceed to evaluate that structure which is what we were setting up to do and make a complete evaluation as far as the structure is concerned. Mrs. Gordon: I would like to ask Dr. Sheppard a question. In the request, are you willing to take the structure as is and rehabilitate it for your use? Dr. Sheppard: Yes. Mrs. Gordon: In other words whatever expense was necessary to bring it into a safe condition - Dr. Sheppard: We intend to use only the ground floor, the bottom floor. I haven;t been able to get in, its all locked up. 33 MARCH 22, 1973 • • Mr. Reese: I would still suggest to the Commission that you get this report so Dr. Sheppard knows what he is getting into because you can obligate yourself to the extent that its just not good business to even approach the old building, I don't know if its in that condition. But, Iwould like to conclude this and it will be done in a short period of time. Mayor Kennedy: Let me make a motion - Mrs. Gordon: I am not going to'make a motion, go ahead - Mayor Kennedy: I would like to pass this as a motion of intent that after your building report is in, that if the building is not in such shape that it cannot be, if the building is in such shape that it can be rehabilitated, that we give the first option to Dr. Sheppard and the Archdiocese for a Preventive Center. Mr. Reese: With the definite understanding though that there will be no expenditure by the taxpayers or the city, directly or indirectly on this. Mayor Kennedy: We would give them $1 a year lease and they would be responsible for the rehabilitation of the building. Mr. Reese: And all operating costs. Thereupon the following resolution was introduced by Mayor Kennedy who moved its adoption: RESOLUTION NO. 73-216 A RESOLUTION DECLARING THE POLICY OF THE COMMISSION THAT THE FORMER FIRE STATION BUILDING LOCATED AT NORTH MIAMI AVENUE AND 14TH STREET BE PERMITTED TO BE USED BY THE ARCHDIOCESE OF MIAMI AS A DRUG REHAB- ILITATION CENTER CONDITIONED UPON SAID STRUCTURE HAVING BEEN FOUND TO BE HABITABLE AND CONDITIONED FURTHER UPON THE FACT THAT THE EXPENSE OF THE NECESSARY IMPROVEMENTS TO BE MADE TO SAID STRUCTURE BE BORNE BY THE APPLICANT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None NOTE: Prior to the introduction of the resolution, the Mayor surrendered the chair to Vice Mayor Gordon and following adoption of the resolution, the Mayor resumed the chair. 34 MARCH 22, 1973 40, tATIN COMMUNITY RIVERERONT PA Mayor Kennedy: I know we had an exhaustive City Commission Meeting on this and then there was an exhaustive meeting at the Ada Merritt High School, George I know this is close to your heart, how do you want to conduct this? Mr. Acton, Director of the Planning Department: Mr. Mayor, as you recall at the conclusion of the last hearing on this item you had requested that the administration set up a public meeting in the spanish speaking area to obtain public opinion of those residents that both worked and lived in the arca. On March 14 in Ada Merritt Jr. High School and approximately 225 people were in attendance representative of both property owners and residents in the area. Many of the people who spoke at the meeting were both for and many were against the park and since the Commission was represented at that meeting, I believe at this time, you should hear from those individuals i.n the audience who would like to summarize their feelings briefly if possible on what transpired during that public meeting. Mayor Kennedy: Lets hear from those opposed first, if your have your speakers, maybe we could limit it to 4=5 spokesmen on each side if we can, who would like to speak first? Mr. Earl: My name is Bill Earl, a partner of Leon Black and Frank Kelly and I believe Mr. Kelly has appeared before on this matter. I represent Captain Wallace Kreidt who is one of the property owners on the river. I don't represent the marine interests in general but the sentiments I express may be shared by the members of the marine council, they are here and have their own spokesman. We are opposed to the Latin Riverfront Community Park. We are not opposed to the idea and we applaud your interest in increasing parks in that area and in reducing the density which indeed is great in the area. We do suggest to the Commission that you consider before condemning riverfront property. The crying need in the City of Miami is for waterfront industrial zoned property. The marine industry is going by leaps and bounds here, our passenger traffic now exceeds New York for the first time this century so the maring industry is growing. We don't have a lot of rivers here. We have one river and one bay but the bay is all zoned for residential purposes and cannot be used for waterfront industrial purposes. We really have the area between the mouth of the river to the cutoff point. There has been mention that there is a small portion of this waterfront that has not been developed. Speaking for Captain Kreidt and the neighboring property developers there, there had been a road. (At this time, Mr. Earl using a map of the arca demonstrated his contention that there were other city parks in the immediate area and that the city already owned some land which was leased out and not being used for park purposes) He indicated that Captain Kreidt bulkheaded his property at a cost of $25,000 and had a building permit for a structure. He said the Marine Industry feels if this property is taken for park purposes, there is nothing to replace it. He suggested an alternative site other than riverfront property for the park, emphasizing the additional cost of property along the water. Mr. Earl indicated constitutional problems would develop and that the city would violate the first amendment to the constitution which deals with the establishment of religion and the fifth amend- ment about the power of eminent domain being exercised only for a public purpose . The Centro Mater apparently is going to remain as a part of a public park and you will run into serious problems of such a facility being operated by a church being in a public park in church -state separation. He concluded his remarks by saying we only have one river and urged the Commission to move the proposed park off the waterfront areas because the space was at a premium. 35 MARCH 22, 1973 Mayor Kennedy: Any other :spokesman? Mr. Schacter: My name is Phil Schacter, I own Bimini Boatyard and I am a tenant of Mr. Kreidt and he will have me for the next 15 years providing you don't take my property in the future. He said the proposed park was 10 blocks from the edge of the community it was intended to serve and was a poor location on the waterfront. He emphasized the deep water and the danger to children playing in the park and that the city already has a park at 17th Avenue and that for the most part it is unused. He said the Commission was guilty of pa,,t transgressions in bad zoning in the area of the river and had allowed too much density without sufficient off-street parking. He said the river was important to commerce and irreplacable and that this industry could not relocate to Dodge Island because it is too expensive and the small ships under 10,000 tons had only the river to use. He emphasized if the city took this property it would be removed from the tax rolls and the city government was in fact supported by taxpayers and industry and recommended the Commission direct its effort toward relocating persons in some high density areas and criticized the name of "Latin" Park and said he resented it and that this should be a total community park and that he disagreed with the concept vehemently. Mrs. Gordo.i: You made a statemmt that Dodge Island is too expensive? Mr. Schacter: Loading requirements in terms of personnel are prohibitive, dockage, rentals and said these industries could not exist if they are forced to Dodge Island. Mr. Acton: Mr. Mayor, I think it would be helpful if persons would address their comments and identify them if they are talking about this particular park or the entire river and the speakers have been talking about the big umbrella of the entire river. Mr. Collish: On behalf of the Marine Council, let me capsule very briefly the problem as we see it. #1 I think it is evident that everyone in the room is opposed to this particular project. At the last meeting, you said you would havea meeting in the latin community to determine how many were interested in the need for this park. I did not attend that meeting because I felt that this meeting today was the place for persons to express their feelings and it seems from very little interest to mostly opposed and I thought that was the sequence of events today, that we would get a report of that meeting and the need for this specific piece of riverfront property. It was my impression there were many arguments against it and there was no crying need. #2, I would reiterate that the Marine Council and the Marine interests have shown a willingness to cooperate with the city in the plan of undertaking to study the river to correct some of the abuses and to try to iron out the problems that exist and one of the vehement objections of everyone in the room was that before such cooperative plan could have been put into effect, immediately condemnation was started and the reason all the people are here is they are afraid this today and that tomorrow until no industrial community is left and thats why we are here to support the objections of Mr. Cox and Mr. Kreidt at this time. Mayor Kennedy: You are speaking of the Marine Council and that is the feeling o: the Marine Council. Mr. Zemmel: My name is Motron Zemmol, Attorney on behalf of East Coast Fisheries and the Schwartz family. I would like to present a petition signed by many residents of the area and other petitions which I would also like to present. If I understand correctly there are at least 539 signatures on those petitions, possibly 1500. In the Latin Riverfront Park Study itself there are items in there that do not support the conclusion. It refera to the heavy concentration of people living there will threaten to transform the arca into a getto and I would point out that if a park is put where it is proposed to be put, that is not going to have any effect on the area being a ghetto or not be a ghetto. 36 MARCH 22, 1973 The level of the population of the area would not be affected by the existence of a park at this particular location on the river. You are creating a new monster so to speak by tearing down the commercial fishing industry on the Miami River. You are putting the fisherman out of business and the cost of fish and products have to go up. This constitutes a constitutional denial of equal treatment under the law because you are proposing a park for a particular segment of the community, spanish speaking, rather than for the total community. Mr. Schwartz: I am Peter Schwartz representing the East Coast Fisheries and the Schwartz family. I represent the 2nd generation of Schwartz's on the Miami River started by my father in the 20s when Miami was nothing but a fishing village. It is now a major factor in the production of fish products sold in local stores. We have developed the area by advancing sums of money in the creation of a seafood industry and now distribute products to the local, national and international trade. If you remove part of the Miami, you are taking away part of this capability and any processing we may be able to db here. I f we lost a portion of our dock space, we lost part of our fishing fleet and the fishermen working aboard them have a tremendous in the very latin area that you are so concerned with and we have had plans to develop our Miami River frontage in conjunction with a fisherman's wharf type of concept, expanding our existing retail and restaurant outlets which we use for the total Miami community. If any of our waterfront property is affected by this walkway, we will have a tremendous economic loss to our business. We have had meetings with the Planning Department about our development plans but we are now totally frustrated in that we don't know if our property is going to be taken over just as these others are being taken over. According to your City of Miami Planning, you are going into competition with private enterprise in the form of a Marina and Restaurant. On the North Bink of the River. Mrs. Gordon: This hearing is on the park. Mr. Schwartz: The park is opposite our property. Mrs. Kreidt: I am Laverne Kreidt. You people keep bringing this up. In this very report, you have made your claims and statements and have your drawings to include these things. It includes taking the Riverside Apartments and the marinas and restaurants and proposed plazas and walkways and all kinds of things. I wonder how you can retain us in this discussion when in the report on the park, these things are here. Have you not studied this? Mr. Schwartz: Mrs. Gordon, your plan definitely shows a plan for marina and restaurant that we are in the business of doing now and have been for 25 years and we have expanded and we want to improve it. We went to Lucius Williams 2 years ago and he wanted us to go into some kind of HUD development down there. Mrs. Gordon: Just to clear the record Mr. Acton, will you please speak to that point. Mr. Acton: This public meeting is for the sole purpose to discuss whether or not the City of Miami should continue its plans to acquire the land on the south bank of the river which presently is basically vacant land for the purpose of creating a community park to serve the high density area within the latin community. The sole purpose. Mr. Schwartz is quite correct, there is a map in our report which shows the future development of all of the land between Biscayne Bay along the Miami River up to just beyond this park but the only purpose of that was to show the relationship of the community facilities to this park and that's the only purpose of including that in our report. The report addressed itself to basically whether or not the City of Miami should acquire the land under discussion today for the purpose of a community park. That's the reason I made my statments before that the speakers should speak to the point of whether their discussion applied to this particular park or whether their discussion applied to the entire Miami river or to a segment of the Miami River. 3'i MARCH 22, 1973 Our discussion today is to discuss this particular community park. We have prepared numerous maps which we haven't displayed but if the Commission likes we could put these up for review. It might be helpful for the speakers and the Commission to refer to the map. We have a map that shows the entire Miami River for land use and zoning. Mr. Schwartz and his brother were in to see me last week and I told him at this time, the City of Miami had no definitive plans to develop that land on the north bank in the Miami River Walkway System. Mr. Schwartz: There has to be a definition of where we are going and when. Its still private enterprise. Mayor Kennedy: There are only two members of the Latin Task Force here, how many were there, fifteen? Mr. Permudy: My name is Jesus Permudy, an Urban Planner. Until recently I was supervisor of the Planning Division of Metro Dade Co, Dept of HUD. I say this because of my involvement with the low and moderate income areas in the county. The Task Force is a voluntary group formed at the time the City was letting us know about the bond issue and no organized group either anglo saxon or spanish was organized in the area to represent the needs of the little Havana area so we voluntarily let the Commission know that as a result of the 1970 census there were fewer parks in this particular than any other in the entire metropolitan area. I am volunteering my professional services now in behalf of the low and moderate income persons who cannot be here today because they have to work. They do not have a lawyer and other representatives and cannot be here during working hours. The area as stated in the report is an area with high priority for open space. There is a need for open space. We decided with the opportunity of the City of Miami Commission calling for a vote to provide parks and open space and parks for people, we tut this brief study together and gave it to the City of Miami P1z.nning Department to be considered and today we hear, why is this park next to the river instead of inside? I would like all of these people, the marine council, the fishermen and all of them to read the report. In reality we have proposed several parks according to the needs of the people in the area. We are talking about neighborheod, community and mini -parks in the report so its not just 1 park. We have to other parks. I hear the federal government can provide $25,000 for relocation and one member of this commission is specifically aware of the resources in Dade County for relocation. Let us discuss this within reasonable terms within the context of the park. We cannot say all the comments expressed here today have been directly related to the park, with the people directly affected by this particular park. In response to a question by MR. Plummer, Mr. Permudy replied this site was selected because it was the least problematic one and to us is a high priority in the selection considering the economic and social aspects of it and that particular piece of land offers the highest potential for development at this time.I would ask the City staff to respond in terms of problematic limitations and not in terms of space. In response to a question by Reverend Gibson, Mr. Permudy said assuming the money for the park is available that as an advisor to the technical task force, I say according to the restrictions in the area, We think this is more feasible than in any other place, all things concerned, economics, socially, physically everything but its not the only one. Mr. Rothstein: There is another possibility and that is for the fishermen to take their problem of high cost of operation at Dodge Island to the port authority and say to them, we have a problem for the little man, not just the big boats and then perhaps a portion of Dodge Island could accomodate smaller facilities. They are making this problem yours but the real responsibility may be with Metropolitan Dade County. Thats' why we turned the whole port operation over to them. MARCH 22, 1973 38 Mr. Kreidt: My name is Wallace Kreidt, a property owner. I bought the property.1950 and bulkheaded it and gave the City 20' for a recorded easement for water main going accross it. This is not unimproved property when 1 have spent money to bulkhead it and I have a building plan here and a permit for a $100,000 building. The City has parks on the river already, Sewell 800 ft. frontage, Curtis Park, 600 ft. Frontage and Lummus 600 ft. frontage. HUD owns about 1200 ft frontage and at RKHigh towers and the county also has about 4-500 ft. at 12th Avenue. Mr. Reakle: Mr. Omar Reakle an owner of a boatyard and my property is not vacant and undeveloped and I am working the property under lease from Mr. Cox. Mr. Cox donated the property for Alma Mater for their charitable work. Mr. Reakle then reiterated comments made by other speakers about the import of the marine industries and the sufficiency of already existing parks and said he was opposed to this proposal. Mr. Paul Andre, Marine Council appeared and reiterated the fact that if these boats were moved north up the river, the opening of 7 bridges would be involved and would seriously impede traffic and emphasized the only service facilities for boats left was on the river and reminded the Commission that single family residences adjacent to the river were being torn down and replaced with multi- family high rise development and that we were kidding each other to allow this and then take away the commercial interests from the river under the guise of open space. Mr. Carlos Sanchez, a part owner of a boatyard representing 350 persons that could not be here, the students of Centro Mater. He said the children attending there needed the facilities at Centro Mater because the parents had to be working and this provides a second home to the children until they are called for later. He said Centro Mater is already a public park because it is open to all persons of the area regardless of color or religion and that no charge is made. PROPONENTS Mothcr Miranda of Centro Mater appeared and stated a play- ground was badly needed for the children and that the neighborhood was 99% latin american but she was endeavoring at Centro Mater to mold young people to be good americans as well as taking pride in the national heritage of their background. She suggested the fishermen should help the poor people of the area obtain this park. Mr. Don Hancock, President of Ada Merritt Base Bali League Director of an educational center and with Tamiami United Methodist Church in community work. He said the work Mother Miranda has done was beyond any contesting. He said a great in addition to Centro Mater need was present for v:creational facilities for the young people. He said the people in the area together with the catholic church had done a great deal to try to fill some of the needs of the area and that the city thus far had not helped out much but that the city could help out by providing more areas. It has been said that the park is on the periphery and it is and parks are also needed within the center of this area. The proposed site is the best for this particular area and is in the center of the latin population. He represented the feeling of the latins was that the city has done very little to help them out in areas of parks and suggested the Commission should show their :interest in these people by providing the park and that he was not in opposition to the Marine Council and those for the park had no intention of taking all of their land presently used for commercial marine purposes. He suggested in rebuttal to the statement of other existing parks being unused that small children can't go that far and cross busy streets. Concluding his remarks Mr. Hancock emphasized that the proposed park would not serve all of the needs of the latin comm- unity but that it would serve part of them and certainly those with the highest latin density areas. MARCH 22, 1973 39 • • Mr. Dolan: My name is T. E. Dolan, 600 N. W. N. River Drive and I am a taxpayer and I understand if we take this property and condemn it for a few, do we have a right to do that? Now, I am going to ask about this. We are talking about latins. These people have come here and they are supposed to be americans are they going to be americans or are they going to go back when this thing clears up and what are we going to do with the park when they go back? I thought coming here as americans they would get the same benefits we do and that's what I can't understand. Lilia Vieta: Myname is Lilia Vieta, I am a social worker and I am working in the area for 7 years and I am talking today in behalf of poor families who live in the area and are unable to come here. I belonged to the task force and we have nothing against the marine interests but were thinking about the necessities of the people in the area who live there. We need three neigh- borhood parks, two community parks and five mini -parks in order to cover the necessities of this area. Centro Mater has done a remarkable job but we need more than that for the children of the area. Auroro Boultavol: My names is Auroro Boultavol Mr. Mayor and Commissioners. I am not a speaker and I don't plan a speech. So much has been said. One thing that hurt me was when one gentleman said, was this a latiii project? They gave it the name of latin project I suppose because of the vicinity in which the park was supposed to be made. As he said about cubans coming into the country or contemplating going back, shouldn't they be americans. Well I think most of the cubans who are here are very good americans. After all the United States is a country of immigrants. the United States opened its arms to the cubans who came because of our terrible situation and I don't think anybody should hold that against us and when we say, latin community just because they speak spanish, some of them have not had time to learn english. They are going to american schools and I am sure they will be very good americans and citizens and the only thing I want to make clear is that we don't want any antagonism between the rest of the public and the people who are latins in this area. Mrs. Gordon: I think what this lady has just said, should have been said before. Mr. Acton: Mr. Mayor, I would like to reiterate the statements I made at the last public hearing on this item. I think its important to realize that this particular location has been scruitinized by virtually all levels of government that could take a look at it including Dade County, State of Florida and the Federal Government and I did state that this particular parcel of land was the recipient of a $250,000 Open Space Grant by the United States Department of Housing and Development. .I stated we have a letter in the report to the Commission from Dade County Planning and I would like to for the record very briefly read what Mr. Walters said about this location for a park. "Pursuant to this departments designation as federal grant review agency, we hav e examined this application for the project(described the land) andwith regard to the considerations of the review process, we submit the following comments: the relationship of the proposed project to Metropolitan Plan. The proposed project implements the proposed Metropolitan Dade County Open Space and Recreation Plan. This plan specifically recommends a park in this general location to serve the surrounding densely populated residential area. The preservation of waterfront areas such as this for public use is a major priority in open space throughout Dade County. The proposed project is also in keeping with the county's general land use master plan transportation plan, the corps of engineers, the central and southern florida flood control district and dade county public works department were contacted regarding the park site which includes a waterfront ampitheatre etc. and the above agencies had no objections to the generalized park proposal on waterfront improvement". The essence of it is that all of the governmental agencies that are supposed to review and comment have done so and they have approved this location as a public park. MARCH 22, 1973 40 Mayor Kennedy: What is the preference of the Commission? Mrs. Gordon: Mr. Mayor, I think the Commission should express itself to some of the comments that have been heard this afternoon and both sides have some merit and we who are here have to judge the pros and cons and then take an action and let the chips fall because the good is on one side or another which outweighs the other arguments of the particular proposition whatever it may be and this being the choice for a park. As opposed to the interests of the economic interests of an industry. In my opinion, I feel very strongly about the need for upgrading the river. I have been involved for several years in the project to upgrade '.the river as far back as pre commission days on the Planning Board days. I passed a resolution on the Planning Board to ask the Planning Department to study the zoning on the river for the purposes of upgrading and beautifying the riverfront. Nobody wants to put an industry out of business. I don't and no one else does but in my opinion and I sincerely feel that even those opponents to the Park have to agree. The park is not going to put the industry out of business -no way. There are 2 or 3 owners who e.re going to feel the pinch because they have the desire and rightly so, they have owned the property for many years, to develop their properties however, we have had to make this decision on other occasions and we have had to begin con- demnation of properties that were desirous of being held by the owners and we have moved in that direction and you Mr. Mayor have been our leader in parks for people and you have led the way in showing the Commission and the City of Miami the need for an increase in parks and recreational area for the future as well as for the present. I hay! weighed these facts and even though there are more opponents than proponents in this room today, I feel that even the opponents in the future, maybe not today but in the future will be grateful if this Commission has the courage to move forward. Mayor Kennedy: Its been moved by Mrs. Gordon, is there a second? Mr. Reboso: Mr. Mayor , I have heard both sides and I think due to the density of the area and the lack of parks, I will follow the follow the recommendation of the Advisory Task Force and the Planning Department and second the motion. Mayor Kennedy: There is a motion on the floor, is there any discussion on the motion? Mr. Plummer: I would like direct to ask Canon Gibson. If in fact what you spoke of before was a proposal for a motion or just your thoughts. I don't think anybody on this Commission is opposed to a park, i am not, I think there should be a park and I think it behooves this City Commission to endeavor to put a park into the area. Canon I heard you ask the consultant to the task force, was it possible that you could go back and come up with another selection? If I remember correctly your answer was yes. At the same time, I heard the Marine Council state that they in fact at the invitation of the City are doing a study of the Miami River. I don't see why the two can't be dovetailed together and let the Task Force look again and see if there is not an alternate site that could be used. All I am saying Mr. Mayor, the gentleman who was the advisor to the task force said to Canon Gibson, that in fact, they could go back and look again and I don't see why this Commission can't be in the position to accept that as a recommendation to look again and if it is the case when it comes back in 30, 60 or 90 days that the answer of the task force is no, we cannot, then I think this Commission has exhausted all possibilities that we can in that general area, to do what is right and I guess Canon Gibson I am asking you to expound on the points you made before. MARCH .22 , 1973 41 Rev. Gibson: I thought I heard a willingness to do that. Mrs. Gordon: I would like to, when you are finished Father Gibson, speak to the motion, when you finish but I would like if you would hold it to this Motion if you would. Rev. Gibson: My desire is to have both parties go back and look and come back here and if you can't find a solution, I promise and I think most people know that I won't hesitate to offer the motion. I want to have both sides look and I realize that this is a situation we are in and you aren't going to get more rivers and also that we have to provide a park. Mrs. Gordon: Father, we also have to provide open space and a view of the river for the public and this is the consideration in the selection of this park. One of the considerations that we need not to forget. Rev. Gibson: All right Mr. Mayor, call for the votes. Mayor Kennedy: Roll Call. Mrs. Gordon: May I remind the Commission that there is a federal grant that has been given to this particular location and Mr. Reese, am I correct when I make this statement? There has been a federal grant for the acquisition of 250,000 dollars which has been directed to this location? Mr. Reese: Yes, when we made the application after the task force and it was approved, we id!ntified this tract of land as the site. Mr. Plummer: That doesn't preclude some other side couldn't be approved. Mr. Reese: I wouldn't say it couldn't be approved but I wouldn't say it would be approved either because I wouldn't be knowledgable enough - Rev. Gibson: Is there anything to say that we can't try to get it approved? Mr. Reese: There is nothing. Rev. Gibson: Beautiful, I am in business. Mr. Plummer: One other question directed to Mr. Collish. Mr. Collish what do you feel Sir, I saw you shake your head no, when it was said that 30 days might have a report coming from the Marine Council, since you said no to that Sir, what would be a realistic time period? Mr. Collish: We were very willing to work this out. To expect us to come out with a complete and comprehensive study and recommendation within the next 30 days, the answer is NO, Sir, I don't see how we could do that but we have reiterated continuously our willingness to work this thing out and I don't think there is a person in this room that would not do their utmost to put a park where the park belongs and leave the river where the river belongs and this is where we can all work together. I don't want to put a time limit on it because this thing has been going on for quite some time and I wouldn't want to be held to 30 days or 20 days or anything like that. I know this much, that we can work it out. Mr. Plummer: Can I pin you down Sir to say 60 days? Can that be a realistic figure because if you don't then this thing is just going to drag out and nothing will ever be accomplished. Mr. Collish: I can't on the spur of the moment tell you whether its 30 or 60 days. MARCH 22, 1973 Mrs. Gordon: What are you supposed to come up with in 60 days or 30 days, I am not sure I know Mr. Collish? Mr. Collish: The same thing as the gentleman proposed, to see if we could find another location for this particular park other than be on the river, that was one question - Mayor Kennedy: If you tie the two together, you will never get an answer. Mrs. Gordon: What are you supposed to come up with, I am not sure. What is he supposed to come up with Mr. Plummer? Do you know? Mr. Plummer: At the invitation of the City Mrs. Gordon, they were to work with the Planning Department for a study of the Miami River, what could be done to improve and I am not speaking of Mr. Collish individually, I. am speaking of the Marine Council. Mrs. Gordon: What is that going to solve in regard to a Park location though? Mr. Collish: The issue is this, this is why everyone from the marine industry is here. They have reiterated this all the time that they do not want to lose singly, they are sticking together on this thing. Today its Cox, tomorrow its Kreidt, next day somebody else and we feel that the park issue in this particular case is a part of the whole issue and we must solve the whole issue. Now if the Park issue has to take precedence in order to get your federal assistance and in order to solve this problem, we are willing to work on this first but we have said all day long that this thing is all inter related. Either we stand together or we fall together on this thing. Mrs. Gordon: I know and I also that other things have been tied in that are not a relevant part of this decision to obtain and make a park here in this location such as I have heard about the River Walkway. This is is something that the people are concerned with their properties on the other side of the river, are concerned, but it is not a part of the decision making process to decide whether or not this area should or shoula not have a par* on the river, I don't think that is a part of it. Mr. Collish: You want to locate a park directly on the river on primary river frontage when we feel that another site can be selected within the area which would be and I question the price on this too. I think the price of the river property is going to be considerably more than other areas, I don't know what efforts were made on the part of the City to select other or task force to pick other locations, that was not our concern at that time. What we were concerned against was not condemning the river. If we need more time Mr. Plummer then we would appreciate more time to help the task force and help the latin community and help the city in anyway that all of the property owners along the river who by the way own considerably other property, to help find a suitable park in the area which is not located on the river. We would dedicate ourselves to that immediately and I am sure I speak for almost everyone here and then we will get on with the study as far as the Planning commission is concerned provided the Planning Department acts in good faith with us and works with us without telling us if you get started, by the way, we are going to condemn something else tomorrow because we would like to work on the whole program but we would certainly work on the park first, is that what you wanted to know Mr. Plummer? Mr. Plummer: On the time limit, I understand that you don't want to be tied down. Mr. Collish: If you want a time limit, pick it yourself because we certainly are going to do everything possible to do it. 43 MARCH 22, 1973 Mr. Plummer: Mr. Mayor, I would like to make an amendment to the motion if possible. Mayor Kennedy: Well the motion she has on the floor is completely adverse to your type of amendment. I don't think you can amend her motion with that type of motion. I think we are going to have to vote on the motion on the floor. What is your amendment? Mr. Plummer: My amendment would be Mr. Mayor that the feeling of this Commission is that a 60 day time period be given and that this - Mrs. Gordon: That's not an amendment to this motion. Mayor KennedyThat is out of order.for her motion The motion is on the floor and the chair is going to call for a roll call vote then you can come back with a motion of your own. Mr. Southern, City Clerk: Roll Call vote- Mr. Reboso? Mr. Reboso: Yes. Mr. Southern: Reverend Gibson? Reverend Gibson: No. Mr. Southern: Mrs. Gordon? Mrs. Gordon: Yes. Mr. Southern: Mr. Plummer? Mr. Plummer: For the reasons that I stipulated, I vote no. And Mayor Kennedy? Mr. Southern: Mayor Kennedy: It makes my vote a very interesting one doesn't it? My feeling is that we have neglected the latin community very badly in the area of recreation and parks. What has been pointed out here already is that we need at least 5 additional park areas to serve the latin area. I would like to see that this task force go back and determine areas, if we do need 5 indeed, certainly we should be able to find at least one that would be acceptable to the federal govern- ment to put a park in and not necessarily damage a long established existing industry. I think every one knows that I took the leadership in the fight for the parks for people program and I raised most of the money, took to the streets so we know that this entire Commission is in favor of parks. I have a proposal that is going to come up right after this is over with that may be able to give the City more additional monies to spend on park acquisition and recreational development. I will say this, that I will vote for this site if no alternative site can be found and that will .be approved by the federal government but in voting NO against Mrs. Gordon's motion, I feel that since we do need at least 5 additional parks in the latin area, that certainly we should be able to come up with one that meets the criteria of the federal government without severely damaging a long established and existing industry. So I will vote no. Mr. Southern: The motion fails to pass. Rev. Gibson: I would like to offer a motion. I think we ought to ask these people to go back and give them a maximum of two weeks and at the next meeting, come back with a proposal of an alternate site and if we don't get it at that time, if they can't come up with an alternate site, then at that point, Mrs. Gordon I will be making the motion you made. Mrs. Gordon: The next meeting is almost a month away. MARCH 22, 1973 Rev. Gibson: Well mrs. Gordon, we are caught in a situation where we are not going to be having a meeting at the regular time, it will be 2 weeks later - Mrs. Gordon: One week later. Rev. Gibson: Mr. Mayor, you tell me and instruct me, you know what is in my mind. Mayor Kennedy: Obviously the task force has been over this area and they have come up with the conclusion that there is at least 5 community parks that are necessary. I think what we ought to do is go in and try to see, and come back with a program Mr. Acton in 2 weeks, I know that' s pushing you very very hard, alright in 4 weeks, by April 19th, to come back with a program. I think everyone in this audience knows that this Commission will support this site unanimously if they cannot come back with an alternative site,that we are going to supply the needs of the latin community and we are going to start here and we have federal funds available and we don't intend to lose those federal funds but at the same time, if we can put it into an area that has just as bad a need and protect an industry, then this Commission is going to do that. Mrs. Gordon: The gentleman who spoke from the Task Force has his hand up, would you come forward please? Did you want to speak to this 30 day period for finding another site? Mr. Permudy: Yes in relation to 30 days but the Mayor said, a community park. We outlined only 2 community parks and 5 neigh- borhood parks, then please, I don't want to be involved in the discussion, the semantics of how big is a neighborhood park and how big is a community park? We need a park that is good for the entire community and not just 3=4 houses taken down for a mini -park. We were told by the administration - Mayor Kennedy: We arc not talking about a mini park, we are talking about a community park. Mr. Permudy: I am very glad to hear that because we were told by the administration of the City that several mini -parks and not within the possibility of maintenance by the city right now, so it has to be a community park. Mrs. Gordon: May I ask a question. In your researching of a site, Did you come accross any other sites that would be acceptable as a community park? Mr. Permudy: Of the size that we believe is necessary, we think only one. Mrs. Gordon: There is another one? Mr. Permudy: 8th Street and 32nd Avenue, the S. W. Corner, aid its on the other side of the project area. Pardon me, the S. E. Corner. It is a trailer park and we don't believe there is a possibility there because of the relocation resources. Mr. Plummer: Is 30 days realistic for you to do this in? Mr. Permudy: We have been working a long time and we feel 30 days would be enough, we are willing to cooperate again and we believe we will come back with the same site. Mr. Hancock: My impression was that the Commission was in favor of meeting the needs of the community. How large a community are you talking about? As I said, this particular site to me, serves a community, not the entire latin community by any stretch of the imagination. If we talk about the area, meaning 35 or 40 acres of park as the county standards would require, 5 acres doesn't hardly scratch the surface. What I am afraid of and I will say it publically and hope I will get reaction. I am afraid if we find a site of 6=7 acres that cost 3 times as much and we approve it, that means that some of the other 30 or 35 acres we also need is going to be excluded and I don't want to be put in that position myself. 45 MARCH 22, 1973 • Mayor Kennedy: No, but if we need the 2 community parks and the 5 neighborhood parks, the price is not going Lc go down in the future. The acquisition of this land is going to be the same, probably cheaper today than next year so if we do need this many, lets go into an area where we need them and where we won't put an industry out of business. That's the best of two worlds and that is all this Commission is saying. If we can have the best of two worlds, let's have it, lets have an industry that wants to clean itself up, that wants to police itself and also supply the demand that the latin community needs, especially in the southwest section and 1 am saying that what we should do is try to do both of these things. That's our responsibility. Mr. Hancock: Fine, I am fully in favor of that, Just for clarification. What is the area that you Mayor Kennedy are talking about? How big an area are we considering for this particular park? Mayor Kennedy:. I am not an appraiser, so I can't tell you how much money that we are going to be able to buy the land at. I think that's what the task force is. We have told them we want a community park, one that has enough acreage in it, and not a mini -park. We don't want a mini -park. We aren't going to spend that type of money on a mini -park. We want a community facility. Mr. Hancock: My question was what geographical area, not referring to the size of the park. Do we go as far as 27th Avenue? As far as 32nd Avenue? Where do we go? Mayor Kennedy: I think what they have is from 32nd Avenue to the River, right? Mr. Permudy: In the report in identifying the spanish speaking population area but also we have a target area and that's why we are so much concerned about the priority of this site because the target area is to the east. The other community park I mentioned is in the area in general, not within the target area and its important, the identification of a site within the target area which is the worst one. U M: The target area goes to 17th Avenue Mayor Kennedy. Mayor Kennedy: I would like to see something in the 17th Avenue area developed. It needs it very badly in there. I hope that you all are going to go out and look for something in that 17th, 18th Avenue area and not just come back in a month and tell us that this is the only site. I think Mr. Acton, I am going to put this on your back. I expect that you will take supervision of this and that you will definitely try to ascertain a community area, I am not going to leave it to the task force, I am going to put this in the hands of our Director of Planning and very seriously take a look at something off the river. Mr. Acton: Mr. Mayor the Planning Department can come back within 30 days with a very comprehensive report of the, what Mr. Permudy terms the target or priority area. We had been studying this high density area for about the last 8 months and we have extensive data available on land use in the area so we can put it together in a fairly rapid manner. Rev. Gibson: Lest I be caught. I don;t want the staff to come back with areport based on a consultation with the task force. Some of these arguments can be flushed out before you get here. Mr. Acton do you understand? I don't want you to come and bring me your report, I want you to come and say, we and they have met and this is what we understand. Mr. Acton: Yes. Mr. Permudy: I am very glad the Planning Department has been appointed to do a fair study about the area. 46 MARCH 22, 1973 Unidentified Lady: I am worried about Centro Mater because I am telling you the way we found that place worries me. We went through the public record's to look for placeto do our social work and I am avolunteer and work in the area and we met Mr. Cox through the public records and that is why we appreciate what he does. Almost all the fisherman, americans there know me because I have worked there from house to house. I am very worried about the site, the other night in the Ada Merritt they asked me if we were going to stay in the site and they never answered that because he said he gave it to us for free. We have a little piece of land. We need expansion because if they are going to build a marina there, that's what I heard in our place, we are going to be kicked out so we hope if you make the park, we can stay there but we are worried about Centro Mater besides the location is very important for us Mr. Mayor. We have 300 kids in our program and they can't walk to 8th Street and 32nd Avenue.' Mayor Kennedy: We are talking about 17th and 18th Avenue. Unidentified Lady: But its impossible because we have little kids 7 years old and they can walk to 17th Avenue? Mayor Kennedy: This is going to open up a - We have spent an awful lot of time on this already. We aren't getting into a discussion today on that.' Mr. Permudy: I think within the spirit of your motion should be that nothing is going to happen to the site until a decision is reached. I wouldn't like to see a building permit that is already requested, be approved for the site, during the 30 day period. Mrs. Gordon: There is a permit on the site right now. Mr. Permudy: It is requested and I don't know the status of it but at the hearing at Ada Merritt, Mr. Cox said that he had requested a permit to build on the site so I think within the spirit as I understand the motion, nothing is going to happen to the site one way or the other. Rev. Gibson: You heard the spirit of what we have done. All right I want •:you to get up to the mike and say to us, nothing is going to happen until we get that report back here, otherwise Theodore is prepared to make the motion, are you the counsel. Counsel for Mr. Cox: Reverend Gibson, we appreciate the action of the Commission and applaud the idea to study this report and in a spirit of cooperation, no action will take place on this property for 30 days if that is how long it is going to take to get this report. I would like to ask in this spirit of cooperation if Mr. Acton and the Task Force will also consult the Marine Council. Rev. Gibson: Sir, I am sure the Mayor has no objection to that. Mrs. Gordon: This property has a dedicated street running through it called River Drive, a portion of this property that is not on the river, is a triangular shape of property. It just happens that Centro Mater is located on that triangular piece of property. This would not hurt the riverfront, nor the interests on the river if this piece of property were considered for acquisition. It certainly would not be as effective as a park but it certainly would serve that immediate community and the needs of that community and I would like to recommend that this Commission consider that action, if necessary. This diagram Mr. Mayor will explain it. Mayor Kennedy: I think Rose, what they can do is take that into consideration when they come back, otherwise we are going to have everybody coming up with a theory -of where they think the land should be and we don't have time at this meeting, that's what the professionals are for. I think they certainly can take that into consideration and if we can put a smaller type of park there without effecting the interest of the people on the river 47 MARCH 22, 1973 • and -protect this greatschool that the Mother has here, I think we ought to do that and we also ought to look at the 17th Avenue area. They are the two main areas of high density and I think George you may want to come up with both sites. Mrs. Gordon: The people have to have accomodations on both ends, its true. Mr. Collish: Mr. Mayor, I cannot speak for Mr. Cox because he took ill before this meeting however I can assure that Mr. Cox has helped this program right along. He has no intention of putting this program out of business, on the contrary, he has supported right aloag,and I think even though you may find another area, he is not going to disconue his aid to this program however the only other comment I would like to make from the Marine Council standpoint is that if the Planning Committee and this action task force is going to help select another site, speaking for myself as a realtor, I would like to take part in this so that we know or feel assured that every effort is made to find a comparable place rather than to merely have the task force come back in 30 days and say that's it, we are back with the first one. We would like to take part in it even though we aren't experts on the river so to speak. Mayor Kennedy: I think they would be happy to have that input. You may very well come up with a compromise site, as Mrs. Gordon said, taking that piece that is not going to affect you all and at the same time, get something in the 17th Avenue area and get both areas started, and that would be much better, we would at least have 2 parks where its needed. Sir I am going to have to cut off this discussion,. Unidentified Man: Is the City considering that Sister Miranda and Centro Mater will remain with the City in the park? Mayor Kennedy: That is something that will have to be worked out with the administration. This Commission certainly knows the great work that has been done and we want to support it and we can work with outside groups and we have worked with the archdiocese before effectively and Mr. Acton has worked with them and I don't think we are going to have any problems in working this out because they are filling a vacuum that the City cannot possibly fill. They are performing a service that we don't have the personnel to do it with so certainly we are going to be working with the Mother and her group with all of our forces we can make available. Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-217 A RESOLUTION TO DEFER UNTIL THE NEXT MEETING OF THE COMMISSION, CONSIDERATION OF THE CREATION OF A LATIN COMMUNITY RIVERFRONT PARK ON THE MIAMI RIVER PENDING THE RECOMMENDATION FROM THE LATIN TASK FORCE ON PARKS AND OPEN SPACE WITH RESPECT TO AN ALTERNATE SITE FOR SAID PARK AND REQUESTING THE DIRECTOR OF TIIE PLANNING DEPARTMENT TO MEET WITIH SAID TASK FORCE AND ALL INTERESTED PARTIES AND SUBMIT RECOMMENDATIONS TO THE CITY COMMISSION AT ITS NEXT MEETING AS TO A POSSIBLE ALTERNATE SITE FOR SAID PARK (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Rev. Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 48 MARCH 22, 1973 0 41, ESTABLISHMENT OF MAYOR'S COMMITTEE TO STUDY FEASIBILITY OF PLACING PARKS AND RECREATION INCLUDING IHE ORANGE BOWL STADIUM UNDER THE JURIS ICTION OF METROPOLITAN MADE COUNTY Mayor Kennedy: Before you leave, I would like to read my proposal and ask the City Commission to support and I think this can be a big help in the future in the recreation needs and the park needs of our city. I am going to propose today to appoint a committee called the Mayor's Committee to study the feasibility of turning over the operation and responsibility for the City of Miami Park and Recreation Department and all City Parks and recreation areas including the Orange Bowl to the Metropolitan government of Dade County. The City would of course retain ownership of the land but all operations and responsibilities and costs of those operations of responsibility would be assumed by Dade County, if it is feasible to do so and the County agrees to do so. There is a distinct possibility that the turnover of operations and respon- sibilities could result in the savings to the city taxpayer of up to 4 million dollars a year and county park funds would then be available for the development of regional parks located within the City of Miami. In addition to the savings, I believe the County is better equipped financially to upgrade the Orange Bowl. This would go a long way toward making certain that major football games played in south Florida would continue to be played in the Orange Bowl and carry a Miami byline throughout the nation when reported by the media. If my proposal is not feasible then we shall have to find the means to make certain the Orange Bowl Stadium remains the football center of the south. Oii this Mayor's Committee, I have proposed the following: Mr. Barry Hood Bassett, Chairman of the First National Bank to serve as Chairman. Dr. Henry King' Stanford, President of. the University of Miami Dr. William Fields, President of the Orange Bowl Committee Mr. Harper Sibley, representing the Miami Dolphins Mr. Martin Fine Mr. Bill Wynn Miss Penny Angleton Mr. Ray Goode, Dade County Manager Mr. Melvin Reese, City Manager we will ask this committee of 9 people to report on the feasibility of such a turnover by June the 1st of this year and I would like to place that as a motion. Mrs. Gordon: You have heard the motion. Is there a second to the Mayor's motion? Mr. Reboso: Second. Mrs. Gordon: Seconded by Mr. Reboso. Any discussion on the motion? Mr. Reese: I would like to raise a point and ask the Mayor if he wouldn't consider incorporating it in his motion, that debt service also be included and not just the operation but the total debt service applied against these properties. Mayor Kennedy: I don't want to muddy up the waters right now. It may not be possible to place that on the county taxpayer since they did not vote for those approvals, I don't want to get into a legal question that will screw up the whole thing. I want to do something that will be able to give more money to the City so that we will have parks that are of a regional nature, that will be paid for by the County, and I want to see that the 4 million dollars we can save may be able to be used in social services that are needed very badly in this city, so I don't want to muddy up the waters with putting that as an amendment at this time, you are going to be a member of this 49 MARCH 22, 19 committee and certainly you will be able to bring that point out at the time. Mr. Southern, City Clerk: Mr. Mayor, is this a motion merely to create a committee or to ask the County to accept? Mayor Kennedy: Both, what it is going to do is to ask the County if they would agree to accept it and to ask the members of this committee to see if it would be feasible and what date if it was feasible could it be turned over? Mr. Plummer: This is a feasibility study. Mayor Kennedy: No its not a feasibility study, its a group of individuals who are primarily concerned with activities at the Orange Bowl, who know the financial needs and understand the problems of financing of both private and public sectors that will be getting together to see whether or not this is a feasible thing for the City and the County to merge these services. Reverend Gibson: But Mr. Mayor, if I heard Mr. Plummer, Mr. Plummer asked the question that you said at the very end. Noi. - Mayor Kennedy: They would report back to this Commission on their findings by June 1. I think you will find that this Committee is made up of people who are not going to have to meet forever when they are sent to a task, they will perform it and they can have an answer back to this Commission by June 1st as to whether or not 1. It will be feasible. 2. Whether or not the County will accept it. 3. If the County will accept it, when a turnover date should be effected. Mrs. Gordon: This motion then does not include instructions to the County Mr. Mayor. This motion as I understand the motion just for clarification, is setting up a special committee. Mayor Kennedy: Mr. Goode is going to be on this committee. Mrs. Gordon: Right, so therefore the only motion that we are voting on now is to set up a committee. Mayor Kennedy: Set up this committee and what the idea is going to study. Mrs. Gordon: Right, but you aren't making a separate motion asking the County whether or not they want to accept? Mayor Kennedy: No, that will come about because they are going to have representation on the Committee. Mrs. Gordon: All right, then the motion is as I understand it is to set up a special task force commitee to study the feasibility of the turnover of the Parks and Recreational Department to the County upon their willingness to accept this responsibility. Mayor Kennedy: Ownership will still be divested in the people of the City of Miami. Its just the operation and the responsibility for that operation that will be turned over. Reverend Gibson: Mr. Mayor, I don't understand what I am doing. What I am going to vote on. If we are going to have a committee to explore, I am for that. I would like to move from the exploration they would come back and tell me and then I would like to vote to proceed but if I hear rightly, they are going to do it all in one. Is that what you are telling us? Mayor Kennedy: No, I think what it calls for is the broad representation of this committee. They are going to see exactly how many dollars will be saved by the City of Miami of the County assuming the responsibility and the direction of the city parks and recreation division including those physical facilities such as the Marine Stadium and the Orange Bowl Stadium and they will ascertain whether the county can take those responsibilities on 50 • and what effective date could be had in the transfer. Rev. Gibson: Mr. Mayor, suppose we begin to negotiate with the County and the County starts saying some things that we don't particularly like, we would have gone too far, wouldn't we? Mayor Kennedy: No, this Commission has the final approval. All we are doing is, this committee is an advisory committee only and it has a right to report back and a responsibility to report back to this Commission and only this Commission can vote to do that and only this Commission. Rev. Gibson: I want to make this final comment. You know Mr. Mayor, I wasn't here when the action was taken about the Water and Sewers outfit. One of the things that remains in my craw is that there are people•going over to the County and they are not getting a fair shake and I am reluctant and I am gun shy is that I understand what you are saying and I am for it in principle but I don't want those men to start doing it before they come back and tell me what it looks like and What I am supposed to ask for because if they have gone and asked and told, there ain't gonna be no turning back for me apparently. Not the way I hear it now and if I hear it wrong, I want somebody to explain. Mayor Kennedy: No, this is not obligating us further than just asking this committee to study it and then we will have the final determination after that report is in. Mrs. Gordon: Is the motion understood then by the Commissioners? The motion is to set up the committee to study the feasibility to work together with the County Manager to find out if they are willing to accept this responsibility to report back to this Commission with their findings, is that correct Mr. Mayor? Mayor Kennedy: Yes. Mrs. Gordon: Okay then, if there is any further discussion, no further discussion? Will you call the roll please? Mr. Southern, City Clerk: Mr. Reboso? Mr. Reboso: Yes. Mr. Southern: Reverend Gibson? d Reverend Gibson: Yes. Mr. Southern: Mrs. Gordon? Mrs. Gordon: Yes. Mr. Southern: Mr. Plummer? Mr. Plummer: Yes. Mr. Southern: Mayor Kennedy? Mayor Kennedy: Yes. Now, I wanted you all to stay because you are interested in parks and recreation facilities especially in the latin area which we were talking about today. The County also has a bond program for recreation. They are going to have tremendous bonding powers in the future, they are going to have more money available to put in a good recreation program and certainly I think that with the overall responsibility that Metropolitan Government has, parks and recreation is definitely one of those areas that should fall under it, so I believe if this plan is adopted and it does come into effect, that people of the City of Miami will have much better service in the future and I thought it was very appropo to bring it up at this time after this discussion. I appreciate all of your staying and I appreciate all of you coming down here on this item and we will see you on April 19th in hopes we will be able to resolve to the benefit of both the industry and the people who are so much for this park that is very badly needed. • 51 MARCH 22, 1973 • Thereupon the following resolution was introduced by Mayor Kennedy who moved its adoption: RESOLUTION NO. 73-218 A RESOLUTION CREATING A MAYOR'S COMMITTEE TO STUDY THE FEASIBILITY OF,PLACING THE PARKS AND RECREATION DEPARTMENT UNDER THE JURISDICTION OF METROPOLITAN DADE COUNTY TO INCLUDE OPERATION OF THE ORANGE BOWL STADIUM AND APPOINTING THE MEMBERS THERETO AND REQUESTING THAT SAID COMMITTEE SUBMIT ITS REPORT AND RECOMMENDATION TO THE CITY COMMISSION NOT LATER THAN JUNE 1, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Ke;Lnedy. NOES: None NOTE: Prior to the introduction of the resolution, the Mayor surrendered the chair to Vice Mayor Gordon and following the adoption of the resolution, the Mayor resumed the chair. 52 MARCH 22, 1973 • • 42, CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY Sgt. Watson of the City of Miami TaxiCab Detail appeared and recommended the transfer of certificates as contained on Resolution 219 and recommended the waiving of the fee on Joseph Chak and J. T. Graham, both deceased. The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-219 A RESOLUTION GRANTING THE APPLICATIONS SET FORTH HEREIN FOR THE REPLACEMENT AND TRANSFER OF CER- TIFICATES OF PUBLIC CONVENIENCE AND NECESSITY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso and Reverend Gibson. ABSENT: Mayor Kennedy and Mrs. Gordon. NOES: None Mr. Plummer: Thank you very much, this Commission will stand adjourned for 10 minutes. Mr. Reese: Before you adjourn, I would like to make an announcement. 43, DEFERRAL OF EXECUTIVE PAY PLAN Mr. Reese: There is an item on the agenda pertaining to the Executive Pay Plan. I told the Commission 2 weeks ago that I would have it ready at this commission meeting. I do not have it ready. Mr. Plummer: Are you asking that it be withdrawn? Mr. Reese: I will have it ready for the 19th. Mr. Plummer: Do you need a motion to defer it at this time? Mr. Reese: No, I am just notifying the Commission because I made that commitment to the Commission. Mr. Plummer: Show Item 49 withdrawn for today. This commission will stand adjourned for 10 minutes. 53 MARCH 22, 1973 • 44, DAY CARE CENTERS Mrs. Wilson: I am Ann Wilson, Chairperson on the Commission on the ;status of women low Dade County and Mrs. Green is the head of the task force for working mothers. We are here today to ask the Commission to bear in mind the needs of all working mothers in Miami. The percentage in Dade County is 44% and I am sure in the City of Miami its even higher. One of the, these needscould be met by the establishment of Day Care Centers area wide in the Little Havana areas, Black areas but in the White middle class areas. We need quality care at a price a mother can afford and in areas where mothers can afford it, they have a hard time finding it. Quality Day Care is one of the priority issues we feel that the City of Miami should face. We ask that they consider some of the federal revenue sharing funds for the estab- lishment of Day Care Centers. We are not asking for'charity, we are just merely asking for quality places for children to be kept after school and the children under6 for day care. 70,000 families with children under 18, where the family is working its a terrible problem for these working mothers, the single working mother and the father who has children and no mother and so ask that you seriously consider the use of federal revenue sharing funds for Day Care Centers, thank you. Mayor Kennedy: What we did when we appointed the Revenue Sharing Committee, we asked them to go into these type of programs and their recommendation has been very strong on the Day Care Centers and probably by the next meeting we will probably have Mr. Andrews, what monies are going to be left over after salary adjustments and as far as I am concerned maybe, Mrs. Gordon,, do you want to make a motion on this, that we should give priority to the Day Care Centers. One of the problems we are going to be building in but I think we are going to have to take that responsibility is that we are going to be funding this out of revenue sharing funds which may not last forever and which may prove to be inadequate but the need is there today and even though this is a county -wide administrative program, the funds have been cut off to Metro for this and somebody is going; to have to take up the slack and I think the City should do their responsibility in it and should give this priority over all other requests. Hopefully the Congress will appropriate funds in the next few years so that when the revenue sharing programs cease to exist any longer, there will not be a tremendous vacuum left in Miami because we will never le able to fund it on a continuing basis unless we use these funds but if you want to make that motion. Mrs. Gordon: I would like very much to make the motion Mr. Mayor because its a project that i have been involved and am personally interested inand hopefully that we in the City will set up a pattern of Day Care and After School Centers and if we find that revenue sharing funds are cut off at some future time, we will just have to find additonal funds to continue programs that we will establish. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-220 A RESOLUTION DECLARING THE POLICY OF THE COMMISSION THAT IT ESTABLISH AS ONE OF ITS TOP PRIORITIES IN TIIE USE OF FEDERAL REVENUE SHARING FUNDS TIIE ESTAB- LISIiMENT OF DAY CARE SERVICES FOR WORKING MOTHERS IN THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) 511 MARCH 22, 1973 • Upon being seconded by Reverend Gibson, the 'resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 45, OFFICER OF THE YEAR - OFFICER GERALD GREEN Mr. Plummer: Today Mrs. Gordon and myself attended a luncheon which was held to honor the Policeman of the Year. I am happy to report to the rest of the Commissioner's that the man chosen was a City of Miami Policeman and he is the first man to ever attain the status of a triple crown winner. This man was named Officer of the Year by not only the Rotary, the F.O.P.A. and the American Legion. All three named him Officer of the Year. I think it would only be appropriate that this man at our next Commission Meeting be brought before the Commission and this Commission honor him in an appropriate way. His name is Gerald Green and I would like to make a motion that Officer be Green be brought before this Commission and honored in an appropriate way as Officer of the Year. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-221 A RESOLUTION HONORING POLICE OFFICER GERALD GREEN AS POLICE OFFICER OF THE YEAR AND DIRECTING THAT APPROPRIATE RECOGNITION BE GIVEN TO SAID GERALD GREEN AT THE NEXT MEETING OF THE CITY COMMISSION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messr. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. In seconding the foregoing motion, Mrs. Gordon remarked she was amazed that Mr. Green was only 25 years old and that he had been able to accomplish so much in such a short time and that she was very proud of him. 46, AMEND ORANGE BOWL ORDINANCE TO PERMIT SOCCER GAMES The Mayor announced the Commission was now ready to hear pros and cons from anyone who wished to speak in regard to the proposal of amending the Ordinance to permit scheduling of Soccer Games at the Orange Bowl Stadium. Mr.•Sutherland: Mr. Mayor and members of the Commission, I am Norman Sutherland, General Manager of the Miami Toros Soccer Club. We would like to ask you for permission to use the Orange Bowl facilities for our scheduled North American Soccer League which at this time is a 10 game schedule in the league and we hope to play a couple of exhibition games on top of that. Our first scheduled game is May 6 and the Miami Toros are a professional club and this is the second year of operation in Miami. The last year the club played under the name of Miami Gatlos and we played at Miami -Dade North. We feel that the Orange Bowl is a much better facility, is more professional and since we are a member of the major professional soccer league in this country and there is a growth in the game of soccer not only at the professional level but at the collegiate level and the boys level and throughout the high schools in Dade and Broward County. 55 MARCH 22, 1973 We feel that it is appropriate that we play at the level in the major stadium facility in this area. Mrs. Gordon: Didn't we take this up before? Mr. Andrews, Assistant City Manager: This subject matter was introduced at the Commission level but Mr. Reese,had announced that an effort was to be made to try to work out scheduling and that we would have a public hearing and this is the public hearing. Mr. Reese communicated with the Orange Bowl Committee, with the Miami Dolphins and the University of Miami and invited them to this meeting so they could participate if they wished but this is a matter of scheduling Soccer in at an appropriate time in the Orange Bowl with a fee structure that has been embodied in this ordinance amendment that is before you so the City Manager is recommending the City Commission give consideration to adopting the ordinance which will amend it and permitting Soccer to come into the Orange Bowl. Mrs. Gordon: Is anyone here to speak against it or anyone else here to speak for it? If not, I will move it. An Ordinance entitled - AN ORDINANCE AMENDING SECTION 39-20 OF THE CODE OF THE CITY OF MIAMI, FLORIDA BY ADDING A NEW SUBSECTION (f) THERETO, FOR THE PURPOSE OF ESTABLISHING THE TAXES AND CHARGES FOR,AND THE METHOD OF OPERATING PROFESSIONAL SOCCER EVENTS AT THE ORANGE BOWL STADIUM; PROVIDING A PENALTY; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS WHEREOF IN CONFLICT,INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVER - ABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE, DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION was introduced by Mrs. Gordon, and seconded by Reverend Gibson for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None Said ordinance was designated Ordinance No. 8152. 47, CONSULTING ENGINEERS FOR HIGHWAY IMPROVEMLNT PROJECTS Mayor Kennedy: There are 3 jobs so you need 3 engineers of the ones listed on the memo. Mr. Andrews: Yes, and what we are recommending to the Commission is that you adopt a resolution authorizing the Manager per his memorandum to negotiate with the engineers listed in the lefthand column of which there are 7 and after we sit down and talk with each one of these, we would come back with specific recommendations for 3 of them. Mayor Kennedy; I thought we would pick the 3 of them and then you can sit down and negotiate with them. Thereupon the following resolution was introduced by Reverend Gibson, who moved its adoption: 5t3 MARCH 22, 1973 • • RESOLUTION NO. 73-222 A RESOLUTION SELECTING THE. FIRM OF PAVLO ENGINEERING COMPANY TO PERFORM HIGHWAY ENGINEERING SERVICES FOR NORTH BAYSHORE HIGHWAY IMPROVEMENT H-4359 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-223 A RESOLUTION SELECTING THE FIRM OF KUNDE AND ASSOCIATES TO PERFORM HIGHWAY ENGINEERING SERVICES FOR N. E. 4TH COURT HIGHWAY IMPROVEMENT H-4360 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-224 A RESOLUTION SELECTING THE FIRM OF H. J. ROSS TO PERFORM HIGHWAY ENGINEERING SERVICES FOR THE N. W. 29TH STREET HIGHWAY IMPROVEMENT H-4361 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. MARCH 22, 1973 57 • 48, PERSONAL APPEARANCE- RICHARD E. CROUCH In compliance with a written request on file, Mr. Richard E. Crouch was permitted to address the Commission at this time. Mr. Crouch: My name is Richard Crouch as you probably know. I sent this letter to the IIF and I sent a copy to every member of the council. I was informed at the last meeting that the meeting would be the 26th and instead its the 22nd so that is the reason I did not get my reply back from the IIF. Mr. Reese has led the council and the people involved that without this ordinance passed and enforced, you would not get any funding. I believe very strongly that that is false, that he was never informed by the IIF to have an ordinance and have it in force immediately. Possibly said get an ordinance but to have it in force immediately, I do not think that is the case. I :lave been before someone in gover- nment that is known factual thing on it and they said they were not legally informed that they had to have that ordinance in force. Mr. Plummerf Who is it you spoke with? Mr. Crouch: I would rather not say at this time. I am trying to get this not killed but stop enforcing it until such time as they start building this marina. Mr. Plummer: You made a definite statement about someone giving you this as fact. I would like to know who that someone is because if in fact what the manager has told us is incorrect, I would like to know who I am basing this fact on Sir. Mr. Crouch: Thats the reason I sent this letter, I am not going to disclose this mans name because it would give him a big problem and the man is Mr. Plummer: Do you understand me Sir? You are here disputing what the Manager has said. Mr. Crouch: Thats right. Mr. Plummer: You say that the Manager is wrong and you base it on an individual telling you the facts of the case. Now, I know what Mr. Reese said, but I think its only fair that you tell this Commission who the authority is that told you this as fact because if you don't tell me Sir, I am still up in the air and I have then to take Mr. Reese's word. Now does that seem logical to you sir? Mr. Crouch: Yes it does. I would rather do it with the letter. In other words - Mr. Plummer: Are you going to submit to us the letter or do you want to read it aloud, is that what you are saying? Mr. Crouch: I would like to submit the letter to you but at this present time, I have not had my reply back from the IIF, so it will probably come late and its going to louse up my situation tremendously at this particular meeting. Mr. Plummer: Can I stop you one more time. Let my understand. Do I understand correctly that your particular lets say gripe is we can call it such, complaint, is the fact that you contend that the Manager has not'allocated a space to you in the new mooring area? Or are you just opposed to the ordinance in general? Mr. Crouch: No Sir, I say in the letter that you got a copy of, and I stated the last time I was up here, I am not opposed to that ordinance, I am not opposed to this new Marina, I am not opposed to anything the City is doing. I am opposed to the fact that they are going to kick me out and leave the Coconut Grove Sailing Club sit over there, they pick out people that they want to kick out and they are going to kick out me now and its not going to be built for 2 to 3 years. That is not going to happen. I am not opposed to this ordinance. I say its good and if they want to kick me out, they won't have to kick me out, when they 58 start or looks like they are going to build, I'll move. Actually I am going to be gone before that because my houseboat is destroyed. I am leaving and I am going to get out of your hair and I am going to get out of Mr. Lloyd's hair and I am going to get out of everybody at Dinner Key. I have been pushed and jailed by Mr. Reese. Mr. Sprague and the Sailing Club and I have had it to here with Dinner Key politics. I am going to get out but first, I am going to get out when I get rid of my boat and its not going to be in 48 hours.. Mr. Plummer: In other words what you are saying then to this Commission, you feel that there is an inequity being imposed upon you individually. Mr. Crouch: Well not only me- Mr.Plummer: You are the only one objecting. Mr. Crouch: There are other people. I am objecting for me. Lets say that what you do for me, you are going to have to do for other people in the same situation. Mr. Plummer: When this Commission came up with supposedly a compromise to find other mooring spaces, it seem at that time that most people were agreeable that it was a fair compromise and I even think you admitted at the time it was. Mr. Crouch: Oh no, wart a minute - Mr. Plummer: You did not? Mr. Crouch: I have never admitted that that was a fair compromise. First of all, I have never ever in 10 years of being here through Sprague's regime and all the way through, ever been allowed to sign up for a slip because first of all Mr. Sprague and I did not see eye to eye at all. I couldn't go over there and apply for one of those slips because I have no motor. Mr. Plummer: Wait a minute. I am trying to get to the basis of this thing as to what your objection was but I don't want this thing to become a personal thing between you and I so just address the Commission. Mr. Crouch: I don't remember where I was, you got me all mumbo jumboed here. Basically it comes down the point that I am not against the ordinance but I am not going to move 3 years in advance and if I was going to keep my houseboat and keep everything that I have at Dinner Key, I would say right up until this happens I would stay but I am not, what I am going to do now is that I have already started this thing and I have been pushed all I am going to be pushed by the City, Law Department and all that. I am going to stay until I sell my houseboat. Now what I would rather do is do it nicely and peaceful right here in this Council. I do not want to cause trouble with your funding and your IIF because if this thing goes to Court, I know you are going to have trouble with your funding and it could very possibly kill all of it and thats not what I am after at all. We need the Marina, we need everything that is going to improve this area but if its not done equitably and everybody is treated the same, I will"not stand for it. Lets see, I mean actually I have said about everything the last time. My attorney was going to be here but he feels there is no point in him coming and talking here because if its not passed here its going to be much more expensive because we are prepared to go to Court on it but again I don't want to take it to Court if its not necessary so I am asking is to have me and whoever else is interested stay there until this Marina is getting ready to be built and I sec no reason for anybody to be kicked out 3 years in advance unless somebody in this City perhaps does not like Richard Crouch and I would not ever guess why. I would have no idea why anybody would not like me. Thats basically what I want. 59 MARCH 22, 1973 Rev. Gibson: I was the mover of the motion to give you this 2 weeks. I thought when you got back here that we would have settled this matter amicably. Mr. Crouch: I hope we can, I truly do. Rev. Gibson: What are you asking us to do? Mr. Crouch: All I say is I don't want to be boosted out of here Sir, 3 years in advance, thats very riduculous. Rev. Gibson: Counsel, is that That I am to understand.. The city has now passed a law which says that they the City would have control of the Marina and the only way they could have control is that they have to enact an ordinance or law and they are now ready to enforce it, is that right? Mr. Rothstein, City Attorney: Yes Sir. Rev. Gibson: We postponed the enforcement date until :.e had a meeting here today. I thought that was right, fair and equitable. All right, now you are telling us that you want to go beyond today and wait for another 3 years, is that what you are telling_us? Mr. Crouch: I am not saying wait another 3 years Sir, I am saying ifyou start building this Marina starting tomorrow morning, I will move out tonite. I am not asking for 3 years. First of all, I won't be there. Rev. Gibson: I think I have to ask this because I got my fellow Commissioners in this thing. Who is there to determine what is adequate time? The justice must be left with somebody. Now, I don't think I nor anybody else can be trying to do the work of the administration. I thought that when we gave you 2 weeks that that was fair, just and equitable. I thought that you had ample time and you saw the handwriting on the wall whether you could read or not because we included in the ordinance that within a reasonable time, you were going to be gone. Now you say 3 years. Mr. Crouch: Sir let me add a little thing here. The first meeting that we had about this ordinance, the handwriting was also on the wall by Commission members that there was not their intention of pushing us out 3 years or 2 years in advance. If we wanted a month or 6 months, we wanted a year, we could always come back and get extensions. Now it was told to me verbatim that it is not our intention to put people out. Our intention is to passthis ordinance and I was told it would be passed due to the fact that they have to have the ordinance passed to get this funding. Now when someone tells me that I can get extensions, they don't want to kick me out, a man tells me something, I am from the old school, they look me in the eye and that's it. Then they don't change it later. Mr. Plummer: Mr. Crouch isn't this kicking you out or wanting you to move to a different location. Isn't there a difference? Mr. Crouch: Not really Sir because it was mentioned again when - no no please, when the thing first started up, you had to be on a certain list at the.Marina over there. I have not ever been allowed to be on any list number one. Number two, I went over to talk to Mr. Jennings about certain requirements that a boat had to have, there were no requirements even listed, nothing at all. He said he had nothing on paper. Number one, he is requiring boats to register which the federal government does not require to be registered, now how in gods name can the City be over and above the federal government? The federal government states a boat, any motor vessel equipped with 91 H.P. down does not have to be registered but yet the City of Miami says you do have to be registered. I think that's really wrong that you are trying to go above the federal governments regulations. Number three, I have no motor on my boat. You know that, Mr. Jennings knows that and I am certain the City Attorney knows that. How in Gods name then am I going to even vaguely get in that area over there because I have no registration. A houseboat doesn't have to be registered so I am out there and I have no power. GO MARCH 22, 1973 • Mr. Plummer: Are we talking about PT-109? Mr. Crouch: No Sir, we are talking about my vessel and right now I have the 109 and my shrimp boat of course is at dock. Mr. Andrews: Mr. Mayor and members of the City Commission. I would like the City Attorney to make some statements here because there is some mis-information here that needs to be corrected. Mr. Rothstein: Father Gibson, if I may, and members of the Commission. I think we have a situation where this gentleman is taking many different bits and pieces of various conversations and putting them together and giving you a matter that is not factually accurate. Now this Marina as projected is to be built in phases. We have had numerous public hearings on it. Now we we have an ordinance which requires the registration of all those who are going to be in thMarina area as designated which includes the other area and if there is space in designated areas, and they sign up, they will be allowed to stay as appropriate in the phases of the building. I would suggest that at this point you have had innumerable hearings. If this gentleman truly has been discriminated by individual members of the administration, he has immediate remedy in court to say, I have been discriminated against, put me on the list. If he's right, the Court will put him on the list and he will have the same rights as everybody else. If the Court will say, you can't start your building over where he was parking his houseboat for a number of months or years or however, you start over where the Coconut Grove Sailing Club is because I the judge think that the City Fathers in their legislative wisdom started incorrectly on the north side, you should start on the side where Coconut Grove Sailing Club i.s, the Court will tell us that. I think at this time, we have to proceed with our programs. I think this Commission has leaned backwards to make available time, to make available space for people #1 who did not pay at all, for people #2, who cannot qualify under other individual boats, for other laws and ordinances which are about to be enforced who feel that pollution of the waters. I have said to you that anything you pass is lawful. If he thinks different, let him go to Court. We have to proceed with the programs and he can be if he is individually hurt, his remedy is there for him. He has had hassles with the City for a long time back. Unfortunately, somewhere along the way he put himself in a position on the Marina where he did not leave when he was requested and certain other things happened, we had litigation on that, we have been up and down several times. Its his privelege and his right to take his position to Court. But, at some time along the way, this Commission has to say, we are going to do what we are said we are going to do and we start as we said we were going to start it and lets get started. If he was individually prejudiced, the Court will say to us, put him on the list or let him dock here or let him dock there, but this one man and a few others are holding up the entire program and everyday that goes by costs go up and inflation goes up. He can file his lawsuit, it won't affect any funding. He can file his lawsuit and the only one it will affect will be his position. I will be happy to have him to do it and if the administration officials have been unfair to him, I will be happy myself to have a Court show us what is the right way and what is not the wrong way. No individual in the administration can pick on him. 1 agree with that but so far he hasn't shown that to our satisfaction, lets put it that way. He may be right. There may be somebody up there who doesn't like him and he is getting maltreated. If he is, the court will straighten it out quickly. We will be happy to have the Court straighten it out, we are not adverse to that but I think time now is that we have got to get started and this is it. 61 MARCH 22, 1973 Mr. Crouch: The City Attorney made a statement that the City Commission will stand by things they have said. This group of people who were in here were led to believe that they were not going to be pushed out maliciously, that was not the intention to just push them and now all of a sudden, 2 weeks extension is all that is allowed. I don't understand if everybody is honorable why don't we stick to the original thing. Mr. Rothstein: I don't remember it that way Sir. What I remember was they were going to pass an ordinance which had an effective date of some 30 days. Because of the problem that was raised here, the Commission extended it a length of time in addition for the Commission to have advice from the Manager as to whether or not he can find some places and some way for some of those people, and he came back and there was some way found for some of the people. Now, the Commission further extended it for you to make your complaint and what I am saying to the Commission is: If you in fact are being discriminated against because of you, who you are and others because of who they are, as individuals, there is a remedy and we would welcome you to prove in Court that you are being discriminated against because nobody, this Commission doesn't want,' and I don't want, you as an individual to be discriminated against. Mr. Crouch: I want you to answer me one question. Why am I in the way any more than the Coconut Grove Sailing Club is going to be in the way? Mr. Rothstein: Because as I understand the program, the first place they are going to start to work is to clean and build up on the north end of the Marina and then Mr. Crouch: I am not on the north end sir, I am right over here. Mr. Rothstein: Wherever they are going to start administratively, that is where- Mr. Andrews would have to answer to the Commission. All I am saying is, there has to be some order, that's why the ordinance was passed and whatever the system was, the Commission said okay, follow that system and somehow you don't want to follow the system. If you are being discriminated against, go to Court. The word is control and you don't like to be controlled and that is the purpose of the ordinance, to control everybody. Mr. Crouch: Why am I in the way? Why am I having,to move? When I am next to people that are not having to move? Now, this I don't understand. Rev. Gibson: Are there any other people who are similarly situated as you who are here now to tell us that they are being discriminated against? Mr. Crouch: I cannot speak for them Sir, I don't know. Rev. Gibson: Well you know I been out there a long time man and if there were others out there, they sure would be here with you. I would like to get that straight and the other thing is, if there are, I would like to hear their side of the story. The other thing is, the attorney has said to you what your remedy is. Mr. Crouch: I have had it up to here with this lovely lovely city in fighting in court and I have been in court and court and court and apparently I am not that bad a person and each time and I am tired of court and I would like once to talk to 4 or 5 gentlemen and do it peacefully. In the olden days, they would go out in the street and face off and kill each other but this is why we are supposed to be civilized people, you talk, and if you say something that is half -way intelligent, I have to move and 20 feet from me they don't. Now is that right? Then apparently my thinking is way out of balance. Rev. Gibson: There is a gentlemen there who said that he had a complaint , is that right? Mr. Crouch: I would like to say one more thing. The main reason that there is not a lot of people here and I think, I came in 62 MARCH 22, 1973 e • and got a 2 week stay as it is. Everybody out there knows the trouble I have had with the City and know the outcome of the trouble with the city and if you really want to know the truth and if you ever get a hold of any of them, they are waiting and they are hoping that I can win this time the way I have before. Its always easy and you people know it I believe to sit back and let Joe Doe do the work and Joe Doe is in here today trying to do the work and if I have to I'll further work and god can't somebody settle something. If I am in the way, can't they settle it without having to go to court, court, court? Can't we sit down and talk? Mr. Jennings, Dockmaster: Madam Vice Mayor and Commissioners, may I speak from my point of view as Director of the Yacht -Docks Department? As the director, I am charged with the responsibility of controlling and administering the Dinner Key Marina and this includes the Dinner Key Yacht Basin. With regard to Mr. Crouch, I would use the analogy of someone pitching a tent on poly -turf over at the Orange Bowl and living there for free and having the city do nothing about it. It of course would be amazing and you would do something about it immediately. We have the same situation in the yacht basin out here. We have boats who are moving in and dropping their anchor and living there free on city property. If this is the way things are going to be done and things are going to be operated this way, I would assume that all of our tenants here at Dinner Key could back out of their slips, drop an anchor in between the slips and say I am not going to pay my rent next month. If I am going to he expected to control the situation within the yacht basin, I must have implementation of this ordinance which you passed after 2 public hearings with all sides represented, all sides presenting their views, you adopted this ordinance. Now I think its time to implement it. Mr. Crouch: May I make a statement - Mr. Andrews: You indicated to the Commission that you could not understand why you were being asked to move from there when boats of the sailing club 20 feet away were permitted to moor. I was involved in helping to establish the lease lines of the sailing club and if I am not mistaken, Paul Andre was Commodore or at least an officer at the time that the Commission extended the lease agreement for the sailing clubs use of a particular area and they would have liked to have moved into the same area that Mr. Crouch is in and those lines were established to give maneuverability and control in the Marina. It was never dreamt that people would just move in and anchor in those areas without getting the city's permission. Several months ago, a member of the I.I.Fund appeared in the City Manager's office and requested that the city do something positive about cleaning up the marina area particularly the moles along the marina periphery and this is what began our research into what exactly we could do to control the area and what ordinances existed so that we could give people due notice and ask them to conform to certain requirements. This led to the adoption of the 2 ordinances that came before the Commission, one of which was adopted and is law now and the 2nd one provides for the actual control of the waterway. I want to assure the City Commission that we arc not treating this lightly. I want to restate again, although the City attorney has stated it, that the Commission has really bent over backwards and turned the city administration around from the recommendations that we had submitted to you and that is that the ordinance originally be adopted within 30 days and there was .no provision in that ordinance for people to move in and anchor free. That time was extended, an area was provided, a dinghy dock has been installed and is in use to make it convenient for those people who arc mooring without cost in a controlled area but Mr. Crouch and those other boats are in an area that has absolutely need of being controlled. This is in line with the launching ramp and while he may say their boats have been there for years, for years we have been attemtping to move them but without proper authority. Now with this ordinance we will have that authority. We will be able to go to the I.I. Fund, NOT TO ask for funding as Mr. Crouch keeps bringing up, but to demonstrate to them that we have a 20th century marina with 6.3 MARCH 22, 1973 proper controls and that when we go to them to get those accreditations we need to move ahead on construction, we will have an approved marina and can get those projects to move ahead without any question.. Mr. Crouch: Mr. Andrews, do you recall what you told me in your office the other day when I asked you for the address of the I.I..F., you said Mr. Crouch, through your action, we have a very good chance of losing all of our ecology and all of our funding. Now was that false sir? Mr. Andrews: I did not say funding, in fact as of this moment, we may have to reapply. Our application was good for 1 year and that was the reason for attemtping to get the ordinances adopted within the 45 days and that is why it was limited to the 45 days, we've gone beyond that now and we are going to have to reapply and its going to be a real big effort and it means rejustification of everything. It means more than ever that we need this ordinance in force. Mr. Crouch: You mentioned about the II and the mole. Are you going to tell me truthfully that they told you that you had to clean up my area over there? Did they in fact say that? Mr. Andrews: Generally about the whole Marina. The boats are adjacent to the mole area that have sunk and some that looked as if they were going to sink since some had already sunk, it was suspected others might and this needed to be cleaned up and the Marina needed to be controlled. Mr. Crouch: What has that to do with me and my particular area sir? Mr. Andrews: Because you are now within the Marina area. Mr. Mayor, I would rather address my comments to the Commission rather than Mr. Crouch. We need to control this Marina and the only way we can control it was to adopt an ordinance. You had a public hearing, you have extended this, everyone was put on notice and I recognize that you are not going to be able to satisfy everyone. Mr. Crouch: Well I'll just close and make a statement that I was told by people in the Council that they were not after pushing us out, we could have all the time we wanted right up to the construction date would be fine, now if the Council and the people that made those statements do not want to help with my cause here and back up what they said, then I guess I came to the wrong place and court would be the only alternative. Mr. Gibson, are you going to withdraw all your help on this, you were tremendous last time? I just wonder if you are throwing in the towel or what? Rev. Gibso.: I offered the motion to give you the 2 weeks that you said you needed. I did that but you have now explained your position and its now up to the Commission having heard your position to make a decision. Mr. Crouch: I am requesting then that you allow the people that feel that they need it or that want it, to stay until it gets closer to construction. That's what I am asking. Mayor Kennedy: All right, is there any motion on this? Is there any motion? Mr. Andrews: Mr. Mayor, I don't think a motion is needed. You can seek advice from the attorney, I think if you stayed it up to this date and it becomes law at this time, unless you want to take some other action. Mayor Kennedy: That's why I am asking for amotion. If there is no motion, then there is no action needed. Is there a motion to give this man relief at this time? The chair doesn't see any Mr. Crouch so I think that the suggestion of the City Attorney is a wise one and our department tells us that if we leave you there, we are going to endanger the ecology of 64 MARCH 22, 1973 the bay and we are going to endanger getting permission from the I.I.Board and no member of this Commission wants to take that responsibility on his shoulders and I think you can understand that. I think the relief that you are seeking could best be had in the court. Mr. Crouch: Thank you very much. Unidentified Man: There are 5 people here to talk and has. Mayor Kennedy: There was only one on the schedule and Mr. Crouchs- Unidentified Man: Well I did have a question. Mayor Kennedy: All right, you may ask your question but you are not -on the agenda. Unidentified Man: Well I don't want to be out of line but - Mayor Kennedy: You may ask your question. Mr. Southern, City Clerk: Your name please? Mr. Martin: I am Wayne Martin and I :own the yellow happy daze. I asked Clarks Marina if I could have a slip and they said that I could have a slip but I don't have it yet. The dockmaster said he would provide me with free anchorage but what I am wondering is that I do not have a motor on my boat as yet. Am I going to be allowed to move i_t2 I want to move it today? May I move it into the free anchorage because the qualifications and this man here has a houseboat and the dockmaster said no houseboats. Where will he put his boat? We both want to move today. Where may we move our boats? Mayor Kennedy: All right Sir, would you like to say something Mr. Southern: Your name please? Mr. Mahey: Louis W. Mahey. I would like to know if I can get storage out here for my'boats and dock my boats out here because its closer here to my home and I can't find anything up the river. I know we had 100' down there in back of Seminole where we used to dock our boats, it was donated for us commercial fishermen. Mr. Andrews: Mr. Mayor and members of the Commission. This is I think, an administrative matter which falls under the ordinance. Now there is an area within the marina where people can come and anchor and there are other areas where if there is room or space available, they have to pay for it but I would suggest that you come and see Mr. Jennings and he will inform you. Mr. Mahey: I have bean down over there for a slip for boat because I couldn't get a slip over here and I had it because there is no place up the river that I could in there so I got 2 other boats and I have no place to now. I have no way of even getting into the land - Mr. Jennings: Well unfortunately, we have about a 3 year waiting list for slips at Dinner Key Marina. This is fact. Also with regard to this requirement that vessels have power before they are permitted in the yacht basin, this has a basis of logic too, inasmuch as neither of our city marinas, in fact no marinas that I know of in this area, are hurricane proof and if at the first hurricane warning, marinas have to be evacuated, the vessels have to find safe anchorages up the Miami River or Coral Gables Waterway whatever the case may be, we cannot have them remaining in the yacht basin. This is somewhat of a selfish thing from the city's point of view as well as the owners point of view, and that is that large boats remaining in the marina not only would the boat get damaged in the event of a hurricane but the marina would get seriously damaged by these heavy boats. only one this was too? my other to sell dock it dock them 65 MARCH 22, 1973 Mayor Kennedy: Let me ask you a question though. What are we going to do for these commercial fishermen? These people make their living as commercial fishermen and they can't find a place up the river and they are banned from here, what do they do? What do the commercial fishermen do? Mr. Jennings: I am doing the same thing with them Mr. Mayor that I am doing with other people. I have a waiting list for commercial berths. I think at the moment there are just two names on that waiting list for slips over here at Dinner Key. I don't know what else I can do. I cannot manufacture berths. There are so many and - Mayor Kennedy: But what can we do, this man has 2 boats, what is he going to do with them, he has no place to put them? Mr. Jennings: I am sorry but I don't have an answer. Mr. Plummer: Mr. Andrews, aren't there some slips over there at the dock on Virginia Key? Mr. Andrews: Yes there are. He can move in there any time he wishes. Mr. Mayor, I realize that you and the City Commission want to be of assistance and the Commission made provisions or asked the administration for making provisions for the docking of the commercial vessels. At that time, 15 or so numbered slips were provided along the bulkhead and commercial fishermen who were out in the bay area of the marina were moved into those slips. Now others have come along to occupy the space that they formerly occupied and its not going to be possible to keep up with the demand. Mr. Jennings: That's true, we recently accomodated more of the commercial fishermen, in fact we have taken more of them into slips but now we are just plain out of slips now. Mayor Kennedy: What about Duck Key, can they go over to Duck Key, Duck Lake? Where is Duck Lake? Mr. Andrews: On Virginia Key and shrimp fishermen and other fishermen were located there for a great length of time and there is a place to tie up inside of that area. Unidentified:Man If there is enoughwater for us to get our boats in and out at low tide, thats our problem. Mr. Plummer: There are other commercial fishermen there now. Mr. Andrews: Mr. Mayor, for the record. The gentleman I met with from the Florida State Internal Improvement Fund who registered the complaint about the condition of the mole islands was James Dwayne Baker, Field Inspector, Barker, I am sorry. 66 MARCH 22, 1973 49, AGREEMENT - TRANSFER OF WATER 8 SEWERS DEPARTMENT [0 METROPOLITAN DADE COUNTY Mr. Andrews, Assistant City Manager: Mr. Mayor and members of the Commission, I would like to make this one observation for the Commission. Mr. Reese and members of his staff, Mr. Rothstein and members of his staff, Mr. Sloan and membersof his staff had many lengthy meetings including some of the Board members from time to time who consumated this agreement to this point and we are satisfied the City is aptly protected and the conditions of the agreement and we would like to point out one significant WHEREAS, that too often is treated too lightly in public attention and that is: WHEREAS the City is contributing funds and property with current replacement value of 400 million dollars and that is a conservative estimate. When you take the action to authorize the Manager to enter into this agreement with the new authority and with the county, you will be transferring facilities and assets that will exceed 400 million dollars, recognizing that this is necessary in implementing a program that is going to help the entire community. Mr. Sloan, Director of Water F, sewers Dept. Yes I would like to support Mr. Andrews statement, that is a great deal of money of course in value and our property has been constructed over a 40 odd year period beginning in 1924 and in those days, much of the land and the buildings were constructed for far less dollars than it takes to replace them today. Mr. Plummer: #1, the recent bond issue of some 17 million dollars that was passed by the people of the city of Miami for the expan- sion of the Virginia Key Plant. Tell me now, what is done with those monies of the 17 million dollars, are they now being alloc- ated to an overall defraying of the expenses sir? Mr. Sloan: We haven't proceeded yet to issue the bonds. We are continuing to expand Virginia Key as we had planned but we are, we were delaye''!R in issuing the bonds until this merger occured and they will be issued as County Revenue Bonds rather than City of Miami Revenue Bonds but on the same basis and using the same source of revenues. We are also as of April 1, acquiring some 32 million dollars of funds from the County which are the residue of the cigaret tax bond issue. We will have that, those funds to work with and 50 million dollars of general obligation bonds when they are issued which were approved by the public last fall and we intend to proceed as soon as the federal government will give us approval for the bit expansion on Virginia Key to serve the City of Miami area. Mr. Plummer: To answer my question. The people of the City of Miami alone are not going to pay or defray the expense of the expansion. Mr. Sloan: No Sir. Mr. Plummer: #2, there were some points, I brought up to you but overall Mr. Sloan, do you personally, are you personally satisfied with all the documents being in order and ere our people being protected? Are you personally satisfied? Mr. Sloan: Yes Sir, I am at this time. Rev. Gibson: The man on the low end of the totem pole. What about the little guy, are you satisfied the little guy has received adequate shake and protection? Mr. Sloan: Yes, we feel that this is an equitable arrangement protecting all parties. Rev. Gibson: The guys at the low end of that totem pole who can hardly read and write their name. Are you satisfied Mr. Andrews those fellows are protected? Mr. Andrews: Yes Sir, I am. 67 MARCH 22, 1973 p • Rev. Gibson: What about all the sick leave we give people/ has the county provided for that time? Mr. Sloan: That was discussed yesterday and by the way, this agreement has had that. provided in here and included in here to carry that over. Yesterday afternoon about 4 o'clock, the County Commission took this up and approved it. Mr. Plummer: You have it in writing? Mr. Andrews: Its embodied right in the agreement. Mr. Sloan: We have also added it to this agreement its a part of this agreement. What we will have of be a copy of the minutes of their meeting yesterday Ray Goode, the County Manager raised this issue and Commission agreed to it. Mr. Plummer: This transfer will be predicated upon to these facts, correct? Mr. Sloan: Yes, thats right. Mr. Andrews: Page 35, section 10 and page 36 spells out all those conditions specifics lly stated right in the agreement, so there can be no misunderstanding and then another section which was added which the City Attorney can elaborate on takes into consid- eration the recommendations on the pay plan and it all has been included so there will be no misunderstanding. Rev. Gibson: I don't think we ought to turn over one thing, any of our facilities to the County unless our people are protected. I think its only fair to them. If they have been good employees, we ought to show good judgment and concern about protecting them. Mr. Sloan: The paychecks issued tomorrow are retroactive to January llth and incorporate all of the pay plan recommendations. Mr. Plummer: Dave, do you want to move it since that was your proposal. Mayor Kennedy: Yes I would like to move this, I have been fighting for this for over 9 years now and I am very happy we have finally got it through and again would like to reiterate that while we are losing a great director, probably the finest in the Country and his staff and the employees of the City, we are really not losing them, the County will gain them and its going to be much better in Dade County that this has become a unified board and I can predict that within the next 5 years, you are going to see this become a tri county agency because the federal government is going to make monies available to agencies on a regional basis and its only fitting that this agency be selected as the one for the Palm Beach, Broward and Dade areas but one thing at a time, I am just very happy that we have been able to consumate this and the tremendous amount of work that Mr. Sloans Staff, Mr. Reese and his staff and Mr. Goode and his staff have put in, cannot be measured or calculated and I would like to move this agreement. Mr. Plummer: Seconded. to be sure course will in which the County them agreeing Mr. Rothstein: The body of the motion should be approved the agreement for the transfer and authorizes the Manager to proceed to enter into the agreement providing the other parties will accept it in full, got that Mr. Clerk? Thereupon the following resolution was introduced by Mayor Kennedy, who moved its adoption: 68 MARCH 22, 1973 RESOLUTION NO. 73-225 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF MIAMI TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY FOR THE TRANSFER OF THE OPERATIONS OF THE DEPARTMENT OF WATER AND SLIVERS TO SAID METRO- POLITAN DADE COUNTY; A COPY OF SAID AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF (Here follows body of resolution , omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer,. Mrs. Gordon, Reverend Gibson and Mayor Kennedy, NOES: NOne 56, IMPLEMENTATION OF PAY ftAiv-uISCuS_SIO�i Mr. Plummer: Mr. Andrews, Mr. S oan said water F sewer department employees will have their checks tomorrow retroactive to Jan llth. When will the other city employees realize the same increase. mr. Andrews: April otn, retroactive to January llth. Ir. "summer: The perrtivn fivm October 1, 1972 to January 10, 1973, was it necessary to appeal and if so, has this been done? Mr. Andrews: I know that Mr. TZeese is handling this personally and I can't tell you exactly what has taken place since the last meeting since the appeal but the appeal as I understand it will be made. Mr. Plummer: But the City employees can look for it in their paycheck of April 6th? Mr. Andrews: Yes. 51., MANAGEMENT CONSULTANT Mayor Kennedy: Mr. Andrews, would you explain this item? Mr. Andrews: Yes, the City Commission some months ago adopted a resolution'authorizing the Manager to make and accept an applic- ation for federal grant which permitted the city to conduct a management study. This federal grant was $135,000 from H.U.D. We secured proposals for such a study and received answers from 16 firms that we thought were capable of carrying out such a study and received 12 proposals. This 12 proposals have been screened and Mr. Reese made a recommendation to you that the firm of Allan and Hamilton Inc. be awarded the consultant fee for the purpose of conducting a, and I will read the title, Competence of Management and Personnel System Study for the City of Miami. Mayor Kennedy: What is the price tag on that? Mr. Andrews: They will conduct the basic study for $110,000 and then there is a 15 to 20,000 dollar cost if they participate in the implementation phases of the study. If the Commission wishes, I can read off the objectives that were sent so that you have a little greater understanding. Mayor Kennedy: Is there a motion? Mr. Andrews: The one area of assistance that we hope to gain from this Management Study is to drastically improve our middle management capability from below the Department dead Director of each department, we hope through this study and professional advice, to seek a way of improving our managerial ability within 69 MARCH 22, 1973 the city to study the manner in which people are introduced to city government, entry into city government and of course the overall management capabilities to look at a modern personnel system, these are just some of the elements of the Management Study. Mr. Plummer: Mr. Andrews, would it be in'order that we defer this until the next meeting and you supply us with more information so that we could choose and look into the recommendation of the Manager. Mr. Andrews: All right. The matter was deferred to April 19. 52, SALARY ADJUSTMENTS - CITY COMMISSION APPOINTIVE PERSONNEL Mayor Kennedy: The Executive Pay Plan has been deferred by Mr. Reese as far as department heads are concerned which he has control over but there has been a request that the positions which the City Commission has the privelege to set such as the City Attorney, the City Clerk, the Assistant City Clerk, the Executive Secretary of the Civil Service Board, the Assistant to the Executive Secretary of the Civil Service Board, Planning and Zoning Board Secretary and the Assistant Planning and Zoning Board Secretary, be duscussed at this time. They are in our peroggative to study and hear from these people to be heard at this time. The City Attorney is the first one on the agenda. Mr. Rothstein: As far as myself is concerned, there is no need to take any action because my salary is set by the Commission at its will, however for the Assistant City Attorneys who are unclassified and the Assistant to the Director, as the memo, I handed out to you shows. The Yarger Plan made no recommendations for the unclassified service which I think if I read the memo will be very clear. As you know the voters of the Clty of Miami recently voted to put all Assistant City Attorneys in the unclassified category as City employees in light of their professional skills and ability. The procedure now follows for the City Attorney to engage all Assistant City Attorneys and set their salaries subject to review by the City Manager. The 1973 City of Miami Salary schedule, this is the one that was just issued yesterday or today, based on the Yarger Pay Plan, establishes a pay range for Assistant City Attorneys commencing with Salary Range #35 which is $17,867. There was a discussion during the Yarger study that Assistant City Attorney positions should be broken into 2 categories. In other words it would have that first category of Range #35 and then they would have a second category in a higher range. I would strongly object to such a breakdown inasmuch as this was the type of breakdown that was originally in force for Assistant City Attorneys many years ago, found to be unworkable and unfeasible and detrimental and the category was then changed to the present category of 1-Assistant City Attorney classification. Therefore, what I am 1.asking today is assuming one category of Assistant City Attorney and on the basis of the federal pay schedule for attorneys, the pay schedule of attorneys employed in private practice in.south florida and the pay schedule of other communities around the country, it is my recommendation that in order for the City to have capable city attorneys who will project their future with the City, the pay range for Assistant City Attorneys should commence at above the salary range 35 anc continue through range 37 in the middle and to the end of range 43 which is $37,128 which means the man will have been with the City 15 years. Now what you would be doing is establishing a range so that people who come to work for the city will know where in the future they can be someday if they work long enough and hard enough for the City. As a practical effect, the impact in the department will be as with the other employees, will have a 1 to 2 step increase mean a raise of some 400 to some 900 odd dollars at the bottom range and at the top such as Mr. Lloyd who is now at 32,000, to bring him up to 33,000 but it allows for the future to have this range, 70 MARCH 22, 1973 possible and available so that there would be a basis for men coming into the department saying they will make their future in Municipal Government Law. With reference to the Assistant to the Director of the Department of Law, it is my opinion that there be added to the salary range from $37,000 to $40,934 which is the end or range 45. In addition to being based on ranges described as Yargers, it is my opinion that the Assistant to the Director of the Department of Law for his years of schooling, years of technical and special- ized training and years of technical and legal experience, should certainly have a salary which is the equivalent to the top range for the Assistant City Manager as recommended by Yarger. In other words,what I have said is, it should be a full range so that the man who is the Assistant to the Director Of Law if he is here long en ough with his longevity, works hard enough and has the ability, can be at the equivalent to the top range as recommended by Yarger. All you have to do today would be to pass a motion approving my request that the range for Assistant City Attorneys be from #35 to #43 and for the Assistant to the Director, up to #45. At present there is no set range but Yarger, the pay schedule sent out by Civil Service there were 2 city attorneys that are still Civil Service because they chose to stay Civil Service and their range commences at Range 35 which starts at $17,000. This is a range which is approximately 2 to 3,000 dollars beginning and the end below federal range. Mayor Kennedy: How would this range be with Metro? Mr. Rothstein: It would be a little bit higher than Metro because what happened, when Stu Simon became the Metro County Attorney because of his own personal and independent financial wealth, he requested that the County COmmission reduce his salary at that time. Up to that time the salary for the County tanager and the County Attorney had always been the same so that on todays level, the County Attorney should be at 45 or 50,000.with Mr. Goode, but Mr. Simon because of his personal independent wealth just said to the Commission, reduce my salary and don't raise me. I believe there are severa:. of his top assistants who are looking for other positions andas •t result arc limitedin where they can go. Mrs. Gordon: Were you talking on the Assistant to the Director? Did you speak on the Director's salary as well? Mr. Rothestein: I said there is no need to act on the director! salary because that doesn't come under any range, it is at the will of the Commission. Same thing for the City Manager. There is no range, you can set whatever salary you want and at this point there is no need to act on the Directors salary. Mr. Rothstein: I have been asked by Mr. Plummer. Range #35, how much is that over and what I am saying is, it is exactly what Yarger has recommended the range to start at for Assistant City Attorneys. #43 is the top of the range that they would have had as Attorney IT. What I am saying is not to have Attorney I and Attorney II, just have one class. Mrs. Gordon: In other words, you are combining the 2 classifications. You are not changing the range, you are just combining the two. Mr. Rothstein: We arc combining the two, instead of having Range #35 for Attorney I and Range 43 for Attorney II, we are just saying, make one attorney classification with an overall range that takes that in. Mrs. Gordon : And they would fit into wherever - Mr. Rothstein: Exactly. Mayor Kennedy: There will be 3 categories then. There will be one attorney level, and assistants and assistant to the director so thats all there will be then. 71 MARCH 22, 1973 Mrs. Gordon: So what do you need from us then? Mr. Rothstein: I just need a resolution authorizing a combination of all of these into one classification running from 35 thru 43. Thereupon the following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 73-226 A RESOLUTION APPROVING THE ESTABLISHMENT OF SALARY RANGE #35 THROUGH #37 AND TO INCLUDE #43 AS MAXIMUM RANGE FOR ASSISTANT CITY ATTORNEY's PRESENTLY IN THE UNCLASSIFIED SERVICE AS CON- TAINED IN PAY SURVEY REPORT OF YARGER AND ASSOC- IATES INC., DATED JANUARY 29, 1973, INCLUDING THE PROVISIONS OF RESOLUTION NO. 73-235 PASSED ADOPTED MARCH 22, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: NOne Mr. Rothstein: And now for the Assistant to the Director, the additional range #45 which is from $37,000 to $40,000 which is the same range as the Assistant City Manager. Mrs. Gordon: And what is it recommended at? Mr. Rothstein: They made no recommendation. Yarger made no recommendation for the Assistant to the Director. In my last paragraph, Yarger made no recommendation whatsoever concerning the Assistant to the Director of the Department of Law. Mayor Kennedy: I think thats fair. Mrs. Gordon: A point of information. What is your salary? Mr. Rothstein: My salary is $34,000. Mrs. Gordon: What will your assistant's be? Mr. Rothstein: $33,000. Mrs. Gordon: But the range is higher than that. Mr. Rothstein: No as I said to you, for the Assistant to the Director, his range should allow him in steps to go to that possibility. Remember we are setting up a plan for the next 10 years. Mrs. Gordon: But the recommended range is higher than he is getting now? Mr. Rothstein: No he is right in the middle of the range. Right now he is making $32,000. Remember the range runs from $17,000 to $37,000. Ile is making 32. Mrs. Gordon: We are talking abautthe assistant to the director? Mr. Rothstein: That's correct. 72 MARCH 22, 1973 Mrs. Gordon: It says here on your form from 37 to 40. Mr. Rothstein: Yes an added in other words, a regular Assistant City Attorney can't go over $37,000. Remember we are setting up a program for the next 10 years or the next 5 to 6 to 7 years. Mayor Kennedy: And you are not going to get capable unless you pay salaries, I am telling you that. Mr. Plummer: Actually what we are doing is that you us to set up "a maximum? attorneys are asking Mr. Rothstein: Right. Mrs. Gordon: To raise the top level higher. Okay fine. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-227 A RESOLUTION ESTABLISHING THE SALARY RANGE #45 AS SET FORTH IN THE EXECUTIVE PAY PLAN SUBMITTED BY YARGER AND ASSOCIATES INC., DATED FEBRUARY 28, 1973 FOR THE ASSISTANT TO THE DIRECTOR OF THE-. DEPARTMENT OF LAW (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Kennedy. NOES: None Mayor Kennedy: What do we want to do about the City attorney? Mr. Rothstein: I think that so far as the City Attorney and the City Manager are concerned, that they should be taken up at the same time. Mayor Kennedy: All right, we will hold off on the City Attorney until we see what the City Manager's recommendation on his own salary is. all right, that brings us to the City Clerk. The City Clerk is presently making $19,110. It is recommended by Yarger that he be from $17,000 to $23,900. I think that about $22,000 would be a good one. It doesn't put him at the top but near the top. Mr. Southern, City Clerk: Mr. Mayor, I am in the same category with Mr. Rothstein and I am not too concerned about my salary. I am concerned about my Assistant's salary. Ile is working way above his pay scale. Mayor Kennedy: We are going to get to him. Mr. Southern: I am concerned about that. Mayor Kennedy: We are going to get'to him. Is there a motion on the City Clerk's salary? Thereupon the following resolution was introduced by Reverend Gibson, who moved its adoption; tt MARCH 22, 1973 RESOLUTION NO. 73-228 A RESOLUTION ESTABLISHING THE SALARY OF THE CITY CLERK, H. D. SOUTHERN, AT $22,000 PER YEAR SUBJECT TO THE PROVISIONS OF RESOLUTION NO. 73-235 PASSED AND ADOPTED MARCH 22, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None Mayor Kennedy: What would you recommend for the Assistant City Clerk Mr. Southern? Mr. Southern: He is presently making $12,000 and the Yarger Survey suggests a range between $14,500 and $17,900. I believe he should be somewhere in that category and not at the bottom because he is really working above his salary. Mayor Kennedy: Is there a recommendation from the City Commission? Mrs. Gordon: Do you want to make the recommendation Mr. Mayor? Mayor Kennedy: He is making $12,312 now. Rev. Gibson: What about $16,000? Mr. Southern: I think that would be very good. Thereupon the following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-229 A RESOLUTION ESTABLISHING THE SALARY OF RALPH G. ONGIE, ASSISTANT CITY CLERK AT $16,000 PER YEAR SUBJECT TO THE PROVISIONS OF RESOLUTION NO. 73-235 PASSED AND ADOPTED THIS DATE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 74 MARCH 22, 1973 Mayor Kennedy: That brings us to the Executive Secretary of the Civil Service Board. Mr. Huttoe. Mr. Charles Huttoe: Mr. Mayor, as you well know and this Commission is well aware a little over a year ago, it was my distasteful duty as the Chairman of the Civil Service Boarc: to move to remove an Executive Secretary who had been a long time Executive Secretary of the Civil Service Board due to the fact that the confidence of the community in some of our actions and the operations of our staff were not what they should have been and that the Board members as well as the Commission were dissatisfied with the operations. When we removed the Executive Secretary, we had to replace him with a man we thought would come in and do the job that this City was entitled to have done in the area of its Civil Service and with its employees. Dealing with 4300 employees or thereabouts is no easy matter and governing these rules and seeing they are carried out and I am sureall of you have seen Mr. Paulk in operation. It wasn't an easy matter and it took a long time to select Mr. Paulk and we had to thrust the job upon him and since that time I am sure you recognize as much as I do, the advancements we have made, the re-establishment of communications with out people, the confidence that we are starting to build back in our system and the relationship with other departments throughout the City with our civil service staff etc. I get nothing but compliments wherever I go of people saying, there certainly has been a change and its much nicer dealing with the people and I think that we brought in a man who has demonstrated and does have the capacity to do one of the most outstanding jobs. He has the experience that anyone could do in the field of being a personnel director for this city. They have made a recommendation there and certainly I would like to recommend the highest but Im sure this Commission has to give him consideration but with Mr. Yates and while 1 am up, Mr. Yates also and with the transfer of the Water Department, with the re-classification of the Yarger Study, I have had the opportunity to observe these two men and I'll tell you, I always had great respect for them but it has climbed and climbed watching these two men protecting the rights of and as Father Gibson said, the little man, making sure he tyetained his job and if he wanted to stay with the city, he had .a place with the City and `they have done an excellent job. Mayor Kennedy: Well I think one thing that the Yarger Report brought up to us is that in the field of the City Clerk, and the Civil Service Board and the Planning and Zoning Board, that all of those salaries are way behir..d what the national average is. Certainly Mr. Paulk has one of the most responsible jobs in City government and he has certainly done an outstanding job and I think that every employee regardless of what position he holds in the City feels like they can talk to Mr. Paulk and his office is open to him which was certainly different, at least my impression from what we had there prior and I have nothing but the highest respect for Mr. Paulk and what he has done. I would like to see a middle ground and I wish we could do bettwe but unfortunately we do have budgetary problems that we are going to have to live with. I think that the minimum that this job demands is $27,000 and I would like to bring Mr. Yates up to $21,000 to keep about a $6,000 differential between the department head and the assistant similar to the City Clerks Job. I would suggest $27,000 for Mr. Paulk and $21,000 for Mr. Yates. Mr. Huttoe: May I just say one thing Mr. Mayor, that with our Personnel Specialist III, I think and I don't want to contradict and I am certainly not trying to influence this Board, but to bring to the attention, I think 22 would be more in line for Mr. Yates in line with Personnel Technician III which Mr. Yates is but will be assistant over and I thin k 22 would fit more in line because that would give him about $2500 I believe above the Technician Specialist III a year which I feel would be more accurate. Mrs. Gordon: I think a very important factor to note in making this decision is the longevity he has had in that position which is considerable, 13 years, so I think that would be reasonable Mr. Mayor. 75 MARCH 22, 1973 • Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-230 A RESOLUTION ESTABLISHING TILE SALARY OF ROBERT PAULK, EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD AT $27,000 PER YEAR AND ESTABLISHING THE SALARY OF JOE YATES, JR., ASSISTANT TO THE EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD AT $22,000 PER YEAR BOTH SUBJECT TO THE PROVISIONS OF RESOLUTION ,NO. 73-235 PASSED AND ADOPTED MARCH 22, 1973 (Here follows body of resolution, omitted here and on file in the City 2lerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None Mayor Kennedy: And then we come to the Planning and Zoning Board Secretary. Again, we see that Dave Simpson has done a tremendous job for the City. I would like to see Mr. Simpson come up to about $23,000 to put him in the- Mrs.•Gbrdon: Mr. Mayor, I think we should also note the longevity that he has had and also the additional responsibility which he will be assuming when the Planning and Zoning Board are separated into 2 separate boards. I think perhaps we ought to consider the top of his scale because of his longevity and because of the additional work that his office will be handling. Mayor Kennedy: Do you want to make the motion? Mrs. Gordon: Yes. Mayor Kennedy: You are moving $25,100 for Mr. Simpson. Is there a second? Mr. Plummer: Second. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-231 A RESOLUTION ESTABLISHING THE SALARY OF DAVID SIMPSON JR., EXECUTIVE SECRETARY OF THE PLANNING AND ZONING BOARD AT $25,100 PER YEAR SUBJECT TO THE PROVISIONS OF RESOLUTION NO. 73-235 PASSED AND ADOPTFD MARCH 22,1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote: 76 MARCH 22, 1973 AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. Mayor Kennedy: And now for his Assistant" Mrs. Gordon: Thats been about the worse inequity of the whole lot. Mr. David Simpson: Mr. Mayor and members of the Commission. I have been fighting for this position during the three years Mr.Davis has been with me. The Yarger Report comes out with a recommendation that does not fit exactly into any category. It comes closest to Range #31 which is $11,700 with a longevity up to $20,006 They recommend $14,197. Based upon the longevity of Mr. Davis in this position, he would fit right in the middle of that category which would be in the vicinity of $17,000. Mrs. Gordon: He again, will also be assuming some of the additional work load so certainly we have to consider that. I will move it. Mr. Simpson: Fitting into that range, it would be step 4 of Range 31 which is $17,014. Mayor Kennedy: We will make it $17,000 Thats one thing, Dave Simpson fights for his men. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-232 A RESOLUTION ESTIIBLISIIING THE SALARY OF ROBERT A. DAVIS, ASSISTANT EXECUTIVE SECRETARY OF THE PLANNING AND ZONING BOARD OF THE CITY OF M1AMI AT $1.7,000 PER YEAR SUBJECT TO THE PROVISIONS OF RESOLUTION NO. 73-235 PASSED AND ADOPTED MARCH 22, 1973 (Isere follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. 53, CONTRACT - ADMINISTRATIV ASSISTANT TO THE MAYOR- FRANK J. COBO The following resolution wr.s introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-233 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO ENTER INTO A CONTRACT WITH FRANK J. COBO FOR SERVICES AS ADMINISTRATIVE ASSISTANT TO THE MAYOR OF THE CITY OF MIAMI FOR A PERIOD OF ONE YEAR COMMENCING DECEMBER 1, 1972, COMPENSATION FOR SAID SERVICES TO BE $14,000.00 PER YEAR, SUBJECT TO THE TERMS AND CONDITIONS CONTAINED HEREIN 77 MARCH 22, 1973 5.4 , WAIVE RENTAL FEE-BAYFRONT PARK AUDITORIUM PUERTO RICAN DEMOCRATIC ORGANIZATION The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-234 A RESOLUTION AUTHORIZING WAIVING OF RENTAL FEE FOR THE USE OF BAYFRONT PARK AUDITORIUM ON JULY 2S, 1973 BY T1IE PUERTO RICAN DEMOCRATIC ORGAN- IZATION CONDITIONED UPON PAYMENT OF NECESSARY EXPENSES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 55, RETROACTIVE PAY ON COMMISSION APPOINTIVE POSITIONS ADJUSTED TODAY TO INCLUDE PORTION BE-.1EEN OCTOBER 1, 1972 AND JANUARY 10, 1973 Mrs. Gordon: Mr. Mayor, we have to reiterate for the record, that the pay scale would be the same as those that we passed for the other employees retroactive to January llth and that they be included also on the appeal. Thereupon the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-235 A RESOLUTION DECLARING THE POLICY OF THE CITY COMMISSION THAT THE SALARIES ESTABLISHED BY RESOLUTION NOS. 73-226, 73-227, 73-228, 73-229, 73-230, 73-231, 73-232 BE MADE RETROACTIVE TO JANUARY 11, 1973 AND TO INCLUDE THE PROVISIONS OF RESOLUTION NO. 73-174 PASSED AND ADOPTED MARCH 8, 1973 INSTRUCTING THE CITY MANAGER TO TAKE AN APPEAL TO ENCOMPASS THE PORTION OF TIME BEGINNING OCTOBER 1, 1972 TO JANUARY 10, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Mayor Kennedy and Reverend Gibson. NOES: None 78 MARC} i 22, 1973 • 56, FUTURE DEDICATION OF ROBERT KING HIGH PARK The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-236 A RESOLUTION AUTHORIZING AND DIRECTING THAT A FORMAL DEDICATION BE SCHEDULED FOR ROBERT KING HIGH PARK AND REQUESTING THHAT THE PROPER OFFICIALS OF THE CITY OF MIAMI TO CAUSE A SUITABLE SIGN TO BE PLACED AT SAID LOCATION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. Mrs. Gordon said a Mrs. W. Denhart had been in touch with her regarding the aforementioned matter and had advised that the park had never been formally dedicated and that the sign placed there was badly deteriorated and in need of replacement. 57, EMERGENCY COMMUN ICAT I')NS EQUIPMENT IN VEHICLES OF MEMBERS OF THE CITY COMMISSION Mrs. Gordon advised the Commission that in her role as a City Commissioner and Vice Mayor of the City, she travelled in all of the areas of the City, much of the time at night and that recently she had a minor mishap on the expressway and that there was not a motorist call box nearby and requested some sort of communication equipment to be installed in the automobiles of members of the Commission. Mr. Rothstein, City Attorney advised that such installation certainly would be legal since the continued contact between the public and their elected officials would constitute a public purpose, in that these officials would be able to be contacted by the administration or anyone else in the event of an emergency. Thereupon the following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 73-237 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INVESTIGATE THE FEASIBILITY OF INSTALLING EMERGENCY COMMUNICATION EQUIPMENT IN PRIVATE VEHICLES OPERATED BY MEMBERS OF THE CITY COMMISSION (Here follows body of resolution, omitted here and on file in the City Clerks Office) 79 MARCH 22, 1973 • • Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Re'._;so, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. 58, AMEND APPROPRIATIONS ORDINANCE An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 8099 SEPTEMBER 26, 1972, THE APPROPRIATIONS ORDINANCE FOR THE CI1, OF MIAMI FOR THE 1972-73 FISCAL YEAR SO AS (1) TO INCLUDE $4,541,841 RECEIVED FROM FEDERAL REVENUE SHARING FUNDS UNDER PUBLIC LAW 92-512 STATE & LOCAL FISCAL ASSISTANCE ACT OF 1972, AND (2) TO APPROPRIPJI SAID $4,541,841 TO THE PROPER SALARY ACCOUNTS OF Till CITY OF MIAMI IN ACCORDANCE WITH THE PAY SURVEY REMIT' FOR THE CITY OF MIAMI, FLORIDA AND THE RECOMMENDED PAY PLAN FOR THE CITY OF MIAMI EMPLOYEES, SUBMITTED BY YARGER AND ASSOCIATES, INC., AS FOLLOWS: a. RIR THE PERIOD FROM JANUARY 11, 1973 THROUGH SEPTEMBER 30, 1973; b. FOR THE PERIOD FROM OCTOBER 1, 1972 THROUGH JANUARY 10, 1973; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DECLARING THIS ORDINANCE TO BE AN EMERGEYc MEASURE, DISPENSING WITH THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION • was introduced by Mr. Plummer, seconded by Reverend Gibson for adoption as an emergency measure ard dispensing with the regui 1•t'!nch of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Plummer, Reboso, Reverend Gibson, Mrs. Gordon and Mayor Kennedy. Whereupon the Commission on motioli of Mr. Plummer, seconded by Reverend Gibson, adopted said ordinah._c by the following vote - AYES: Messrs. Reboso, Pluumer, Mrs. Gordon, Reverend Gibson and Mayor Kennedy. NOES: None. Said ordinance was designated Ordinance No. 8153. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE ITY COMMISSION, ON MOTION DULY MADE AND SECONDED, THE MEETING WAS ADJOURNED AT: ATTEST: H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK 7:20 O'CLOCK P.M. DAVID T. KENNEDY MAYOR 80 MARCH 22, 1973 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 cIT' MfA 1ni DOCUMENT INDEX DOCUMENT IDENTIFICATION COMMISSION AGENDA & CITY CLERK REPORT CONSTRUCTION SANITARY SEWER IMPROVEMENT SR-5348-C & SR-5348-C VARIANCE -ALTERATIONS APARTMENT -HOTEL -OFFICE COMPLEX -LOTS 8 THRU 13-BRICKELL ADD AMD VARIANCE -CONSTRUCTION 4360 WEST FLAGLER STREET VARIANCE -CONSTRUCTION 1715 N.W. 5TH STREET VARIANCE -ADDITION- 6241 S.W. 8TH STREET CONDITIONAL USE -OFF-STREET PARKING LOT- S N.W. 54TH STREET ACCEPT COMPLETED WORK-HOWARD PRICE COMPANIES ACCEPT COMPLETED WORK-JOE REINERTSON EQUIPMENT CO. IMPROVEMENT NORTH BAYSHORE DRIVE HIGHWAY IMPROVEMENT N.E. 4 COURT HIGHWAY IMPROVEMENT N.W. 29 STREET HIGHWAY ACCEPT GRANT FROM LETHA INGLE-SOUTH DIXIE HIGHWAY AND S.W. 31ST ROAD ACCEPT HIGHWAY RIGHT OF WAY-N.W. 9 AVENUE BETWEEN N.W. 15 AND N.W. 17 STREET NEWSPAPER PUBLICATION -CITY OF MIAMI SALE OF CERTIFICATES -DELINQUENT LIENS AUTHORIZE AGREEMENT-REATAURANT ASSOCIATES INDUSTRIES,INC. AND RESTAURANT ASSOCIATES INDUSTRIES OF FLORIDA,INC. MEETING DATE: MARCH 22, 1973 t COMMISSION 1 RETRIEVAL t _ ACTION I CODE NO. MONETARY GUARANTEE -CHAMPION SPARK PLUG COMPANY- MIAMI MARINE STADIUM GRANT USE OF BAYFRONT PARK AUDITORIUM BY THE DADE COUNTY PUBLIC SCHOOLS ACCEPT BID-INTERCOUNTY CONSTRUCTION CORPORATION -LEJEUNE GARDENS HIGHWAY IMPROVEMENT ACCEPT BID-GONDAS CORPORATION -DEPARTMENT OF SANITATION 0059 R-73-182 73-182 R-73-184 73-184 R-73-185 •73-185 R-73-186 73-186 R-73-187 73-187 R-73-188 73-188 R-73-189 73-189 R-73-190 73-190 R-73-191 73-191 R-73-192 73-192 R-73-193 73-193 R-73-194 73-194 R-73-195 73-195 R-73-196 73-196 R-73-197 R-73-198 R-73-200 R-73-201 R-73-202 73-197 73-198 73-200. 73-201 73-202 ITEM NO. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. MENTINDEX CONTINUE DOCUMENT IDENTIFICATION 'ACCEPT BIDS - HECTOR TURF & GARDEN, INC. AND DE BRA TURF AND EQUIPMENT CO. -FURNISHING MOWING EQUIPMENT CO. AWARD BID - ROSSER ELECTRIC CO, INC. - MIAMARINA RESTAURANT - LIGHTING IMPROVEMENTS. AWARD BID - BISCAYNE CONSTRUCTION, INC. - TRUCK PAINT SHOP ADDITION. AWARD BID - FENCE MASTERS, INC. - FIRE STATIONS - FENCING - AWARD BID - C.A. DAVIS, INC. - ORANGE BOWL - SPIRAL RAMPS REPAIRS. AWARD BID - BRANAM ELECTRIC CO, INC. - MARINE STADIUM PARKING LOT LIGHTING. ACCEPT BID - FENCE MASTER, INC. - PUBLIC PARK AND RECREATIONAL FACILITIES BOND FUND. AGREEMENT BETWEEN CITY OF MIAMI AND OF FLORIDA DPT . OF TRANSPORTATION. SOUTH EXPRESSWAY) AGREEMENT BETWEEN CITY OF MIAMI AND OF FLORIDA DPT. OF TRANSPORTATION - RANGE UNDER -EXPRESSWAY. THE STATE (NORTH - THE STATE ATHALIE FIXING DETAILS - PARKING FACILITIES REVENUE BONDS OF THE CITY OF MIAMI. ALLOCATING FUNDS - BICENTENNIAL PARK,ACQUISITI OF LAND, CONSULTANTS FEE, ETC. - PUBLIC PARKS AND RECREATIONAL FACILITIES BONDS. FUTURE PUBLIC FACILITIES - ACCOMODATING HANDICAPPED PERSONS. FREE USE - MIAMI MARINE STADIUM BY SUNRISE EASTER ASSOCIATION. RECOMMENDATION FROM THE LATIN TASK FORCE ON PARKS AND OPEN SPACE. APPLICATIONS FOR REPLACEMENT AND TRANSFER OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSI AGREEMENT BETWEEN CITY OF MIAMI AND METROPOLI- TAN DADE COUNTY - TRANSFER OF THE OPERATIONS OF WATER AND SEWER. APPROVING THE ESTABLISHMENT CF SALARY RANGE. ESTABLISHING A SALARY RANGE - EXECUTIVE ppy PLAN BY YARGER AND ASSOCIATES. ESTABLISHING SALARY OF THE CITY CLERK - Ii.D. SOUTHERN. ESTABLISHING SALARY - RALPH G. ONGIE - ASSIS- TANT CITY CLERK. PAGE #2 COMMISSION RETRIEVAL tajON , CODE NO.__ _ R-73-203 R-73-204 R-73-205 R-73-206 R-73-207 R-73-208 R-73-209 R-73-210 R-73-211 R-73-212 R-73-213 R-73-214 R-73-215 R-73-217 R-73-219 R-73-225 R-73-226 R-73-227 R-73-228 R-73-229 73-203 73-204 73-205 73-206 73-207 73-208 73-209 73-210 73-211 73-212 73-213 73-214 73-215 73-217 73-219 73-225 73-266 73-227 73-228 73-229 UI1.'1 ENT+NDE X CONTINUE ITEM NO. DOCUMENT IDENTIFICATION 41. ESTABLISHING SALARY - ROBERT PAULK, EXECUTIVE SECRETARY OF THE CIVIL SERVICE BOARD. 42. SALARY OF DAVID SIMPSON JR.-EXECUTIVE SECRETARY PLANNING AND ZONING BOARD 43 44 45 46 SALARY OF ROBERT A. DAVIS-ASSISTANT EXECUTIVE PLANNING AND ZONING BOARD CONTRACT FRANK J. COBO-ADMINISTRATIVE ASSISTANT MAYOR CITY MIAMI SALARIES ESTABLISHED BY RESOLUTIONS NOS. 73-226 -73-232 RETROACTIVE TO JANUARY 11, 1973 EMERGENCY COMMUNICATION EQUIPMENT IN PRIVATE VEHICLES -MEMBERS OF CITY COMMISSION - PAGE _4 3_ COAMISSION -1 RETRIEVAL ACTION CODE ND�� R-73-230 R-73-231 R-7 3-2 32 R-73-233 R-73-235 R-73-237 73-230 73-231 73-232 73-233 73-235 73-237