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Home My WebLink AboutCC 1973-06-28 Minutes4 i MIAMI CITY COMMISSION MINUTES OF MEETING HELD ON JUN 2 81973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL H. D, SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK • ITEM NO, SUBJECT MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ORDINANCE OR RESOLUTION NOI PAGE t 1. WAIVE MINUTES OF PREVIOUS MEETING 2. PROCLAMATIONS, CERTIFICATES OF APPRECIATION 3. PERSONAL APPEARANCE- MRS. ANNE WILSON CHAIRPERSON- STATUS OF WOMEN 4. REPORT BY MAYORS" COMMITTEE ON PARKS AND RECREATION Accepting resort Expansion of Orange Bowl Resolution to County Allocating funds for 0.B. Prof.serv. Resolution to County 5. HEARING OF COMPLAINTS - PROPERTY OWNERS ADJACENT TO SOUTH FLORIDA MILITARY ACADEMY Recommend land area for private schools 6. 2ND ANNUAL INTERNATIONAL FOLK FESTIVAL REPORT CONCERNING Extending festival to one month next year 7. 1 CONDITIONAL USE - JEFFERS PARK AMD 8. ' PERMANENT WAIVER - OFF STREET PARKING SPACES WEAVERS SUBDIVISION 9. I VARIANCE REQUEST- LOTS 2 THRU 19. BLK 21 WADDELL=S ADD. REPLAT 10. 1 CONDITIONAL USE - LOTS 38, 39, BLOCK B fort DALLAS PARK AMD 11. AMEND SECTION 39-24 PARKING CHARGES 12. 1 AMEND ORDINANCE 6945- SICK LEAVE CIVIL SERVICE RULES & REGS. 13. ' RESOLUTION OF CONDOLENCES DEATH OF ROBERT RICHMOND 14. PROPOSED RIVER AUTHORITY AND RIVER ZONING DISTRICT 15. PRESENTATION OF EDWARD D. STONE & ASSOCIATES DEVELOPMENT OF WATSON ISLAND 16. 17. Accepting Determine details of financing Authorize Payment for Study PERSONAL APPEARANCE - CAPTAIN ALEXANDER PERSONAL APPEARANCE - MR. J. GUNN LUNCH RECESS 12:45 P.M. to 2:00 P.M. 73-469 73-470 73-471 73-472 73-473 73-474 73-475 73-476 73-477 73-478 73-479 73-480 73-481 73-482 73-483 ORDINANCE NO. 8170 ORDINANCE NO. 8171 73-484 73-485 73-486 73-487 73-488 73-489 73-490 DISCUSSION DISCUSSION 13--2i 29 29--3 30--3 32--35 35 36 36 37--4 42--5 51--° 52--! INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM N0, SUBJECT ORDINANCE OR RESOLUTION N0, PAGE N 18. 1 PERSONAL APPEARANCE - CAPTAIN YOUNG RE; RETIREMENT BENEFITS 19. 1 REIMBURSE VICE MAYOR FOR ATTENDING BAHAMAS INDEPENDENCE CELEBR. 20. 1 ORDER PROCLAMATION PREPARED TO COMMEMORATE BAHAMIAN INDEPENDENCE 21. PLANNING AND ZONING PROCEDURES PROPOSED Workshop Session 22. 1 BOAT SLIP AT WATSON ISLAND for use of BOY SCOUTS OF AMERICA 23. PUBLIC HEARING - ESTABLISHMENT OF HOURS FOR SERVING OF ALCOHOLIC BEVERAGES BY SUPPER CLUBS 24. DISCUSSION SETTING TIME FOR NEXT WORKSHOP SESSION ON PLANNING AND ZONING PROCEDURES 25. PRESENTATION BY MARINE COUNCIL on uses of FORMER U.S.COAST GUARD PROPERTY LOCATED AT AVIATION AVENUE do SOUTH BAYSHORE DRIVE 26. PERSONAL APPEARANCE - MR. ERNY FANNOTTO RE: FILLING OF VACANCIES IN THE UNCLASSIFIED SERVICE 27. 'ALLOCATE $25,000 FROM HIGHWAY BOND FUND MAINTAIN PAVEMENT AT STREET INTERSECTIONS 28. ACCEPT EASEMENT - WILLARK HOUSE S. A. SANITARY SEWER IN BISCAYNE ISLAND RESUBDIVISION 40-34 29. 1 ACCEPT PLAT - FLAGLER MEMORIAL PARK SEC. 12 30. ' ORDERING RESOLUTION SHENANDOAH HIGHWAY IMPROVEMENT Sec.A&B 31. 1 ACCEPT COMPLETED WORK - ABC DEMOLITION CO. DOWNTOWN GOVERNMENT CENTER- PHASE I 32. DISMISS APPEAL- CITY OF MIAMI vs. HARRY LENCHNER 33. REVIEW OF BIDS - EDISON PARK TEEN CENTER PROJECT %41 CAPITAL IMPROVEMENT PROGRAM 34. DISMISS APPEAL - CITY OF MIAMI vs. TEACHOUT CASE NO.73-309 35. FEDERAL GRANT APPLICATION - H.U.D. INTEGRATED MUNICIPAL INFORMATION SYSTEM FOR THE CITY OF MIAMI 73-491 73-492 73-493 73-494 73-495 DISCUSSED 73-496 DISCUSSED 73-497 73-498 73-499 73-500 73-501 73-502 73-503 DISCUSSED 73-504 73-505 53--5 55 55--56 57--77 78 78--9C 90-9 96--1 98 99 99 100 101 101 102-- 105 105 • • INDEX MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ITEM NO 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. SUBJECT ORDINANCE OR RESOLUTION NO, PAGE N FEDERAL GRANT - LABOR RELATIONS OFFICER AMEND RESOLUTION 73-200 REDUCE RATE RENTAL OF BAYFRONT PARK AUDITORIUM MUSIC EDUCATION FESTIVALS RENEW AGREEMENT WITH ANDY FRAIN FLORIDA INC. CROWD CONTROL SERVICES AT THE ORANGE BOWL STADIUM STIPULATION FOR DISMISSAL UNIVERSAL HOME PRODUCTS VS. THE CITY OF MIAMI CLAIM SETTLEMENT - WALTER POSTULA ATTORNEY FOR: EARNESTINE BROWN DAVID SMART DONALD SMART APPROPRIATE $15,000 TO RECONDITION CITY OF MIAMI PUBLICITY OFFICES ORDERING RESOLUTION NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383-5 ALLOCATE $2,520 FOR INCINERATOR PARKING LOT FENCING BID AWARD 1000 COPIES OF COMPREHENSIVE ZONING ORDINANCE BID AWARD - BISCAYNE EAST HIGHWAY IMPROVEMENT H-4357 STATEMENT BY CITY ATTORNEY REGARDING REVISED ELECTION LAWS OF THE STATE OF FLORIDA DETERMINE METHODS FOR CONTROL OF OBSCENITY IN THE CITY OF MIAMI COMMENDATION TO MR. JOHN LLOYD ASSISTANT TO THE DIRECTOR OF THE DEPARTMENT OF LAW - STATEMENT BY THE CITY ATTORNEY 73-506 73-507 73-508 73-509 73-510 73-511 73-512 73-513 73-514 73-515 DISCUSSION 73-516 DISCUSSION 106 106 107 107 108_ 108 10C 10 11 11 MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAML FLORIDA On the 28th day o6 June, 1973, the City Commission o6 the City o6 Miami, Ftonida, met at ,its negutan meeting ptace at City Hatt .in said City in negutan session. The meeting was eatted to ohden. at 9:05 O'Ctoek A.M. by Mayon Maun,ice Fenne with the £ottowLng memben4 06 the CommJ.4s.ion pnes ent : Messes. Ptummen, Reboso, Reverend GLb4on, Mn.s. Gordon and Mayon Fenne. ABSENT: None An invocation was det.i.vened by Reverend Gibson who then ted those pees ent in a , ptedg e o 6 attegianee to the 6tag . 1, WAIVING READING OF MINUTES OF PREVIOUS MEETING THE FOLLOWING motion was introduced by Mr. Plummer 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. Reboso, Plummer, Reverend Gibson, Mrs. Gordon and Mayor Ferre. NOES: None 2, PROCLAMATIONS, CERTIFICATES OF APPRECIATION, PLAQUES ETC. Cent.L .icates o6 Appnee.iat.ion were presented to FLEETWOOD PRICE and ALFONSO EQ.UEIRA in neeogn.it.ion o6 the.in ei tionts .in connection with the City o6 Miami Boxing Pnognam Pnoetamat.ion that the week o6 Juty 4, 1973 4hatt be CUBAN MEDICAL ASSOCIATION IN EXILE WEEK .in the City of Miami. Pnoetamat.ion that the month o6 Juty 1973 shaft be known as INTER-AMERICAN FESTIVAL MONTH in the City o6 Miami Pno ctamat.io n that Fn4.day, June 29, 1973 be known as WILL/AM DUNCAN DAV .in the City o6 Miami to mock the occasion o6 his net.inement as Pk c. pat o6 Miami Edison Sent.on High Mayon Fenne recognized the presenceo6 three Dn. Antonio Gomez Ve Silva, Vt. Venbett, City Councilman o6 Landn.ina P. Bnaz.it .in Miami to dus cu4s the tunetions o6 city counc.i.t4 , the comp- - o4 itLon and observe the 4 e44-i.ons Mayon Fenne neeognized Mn. Sansone who nepnesents the Cuban Accou- ntant4ss who an.e having a convention .in Miami on Juty 19 thnu 21 1973. • 3, PERSONAL APPEARANCEMRS. ANNE WILSONZHAIRPERSON. STATUS OF WOMEN.. THE CHAIR recognized the presence of Mrs. Anne Wilson to make a presentation to the Commission at this time: Mrs. Wilson: Thank you, I appreciate you taking me. I represent not only the Dade County Commission on the Status of Women but other groups that:are represented here, the League of Working Mothers, National Fed- eration of Jewish Women, Negro Women, Archdiocese and many other interested groups that have been working on this. First of all'we wish to commend the City Manager for designating the $400,000 for day care centers in the poverty areas of the City. We would like to bring fort}yithe following resolution: BE IT RESOLVED that the City Manager be directed to designate additional funds, not less than the same amount and preferably up to $1,000,000, from City - Revenue Sharing allocation for the expansion of the pre-school program presently conducted by the City of Miami Parks and Recreation Department. It should be further understood that said funds should be used in their entirety for the benefit of children in all income areas where there is a concentration of work- ing mothers. BE IT FURTHER RESOLVED that these funds be used with- in the City of Miami and administered through the City Parks and Recreation Department and that efforts be made to cooperate with Dade County and all other groups providing child care to insure there be no duplication of services within the area served by the City Parks and Recreation Department. I would like the groups that are represented here to stand please. Thank you. Mrs. Gordon: Mr. Mayor, if it would be appropriate, I would like to move that we adopt this resolution that has been presented to us in principle so that we can direct our revenue sharing committee and our Manager to what we feel is a necessary program for the city of Miami. I so move. Mayor Ferre: We have a motion on the floor, is there a second? .JUN28197 Rev. Gibson: Mr. Mayor, I want to speak to the issue. I am not opposed to revenue sharing money going to day care but I have seen this happen. I just feel that if we have a committee, we ought to ask the ladies to present this matter to the committee and otherwise you are going to have chaos here. Mayor Ferre: We also have a public hearing just for this purpose. Rev. Gibson: Right and I raised this question about some other things that if you don't reed that committee, get rid of it. I would rather out of courtesy to that committee, present it to them and have them include it in their recommendations and if they don't, then we the Commission will assure you , that is I will assure you for myself, that we would see that it is in their budget. If you have a committee and you are going to do all .the work of the committee and then say, - I wouldn't serve on any committee that is so appointed, and I think other people are the same way. Mayor Ferre: Mr. Reese when is it that we have allocated time for a public hearing on this matter? Mr. Reese: There has been some misunderstanding because this withdrawn item that is on the agenda #6, was Mr. Paul to appear here to make a report but he Withdrew because he had to be out of the city so its set up for July 12th. Mayor Ferre: I see, I am not asking about Mr. Paul's committee. I am asking about the public hearing itself. Mr. Reese: That is the public hearing and that is the committee;s report. Mayor Ferre: No excuse me for arguing with you Mr. Reese but I think we are getting something confused here. I think we asked Mr. Paul to come here and give us his committee's thinking for this meeting today which he has withdrawn as you said, there was also requested a specific public hearing and if I am not mistaken, on July 12th for the purpose of hearing everybody on how we are going to spend the revenue funds. Mr. Reese: Yes Sir, and Mr. Paul withdrew and that puts his request up to July 12th. Mayor Ferre: I understand. Now my question to you is when is the public hearing on revenue sharing? Mr. Reese: July 12th. Mayor Ferre: At what time? Mr. Reese: I can't give you the exact time. Mayor Ferre: Morning or afternoon? Do you remember? Mr. Southern, City Clerk: I believe its in the afternoon. Mayor Ferre: And how much time have we allocated to that? Mr. Southern: I think 2 hours, if you wait a minute I'll - Mayor Ferre: What I am saying is that we have allocated 2 hours for the subject that you brought up here today for a full public hearing and at that time, we are going to take positions on how we are going to allocate this money and we will vote at that time, and so I think you are just going to have to wait until July 12th when everybody in Miami gets the right to come here and discuss the different items. I don't think anybody has stated that they are for against what has been presented this morning. Rev. Gibson: I would hope that we would do a little different. Not only we will have the public hearing, but we would take the request, send it to the committee and tell the committee that we would want the committee to deal with this matter. 3 JUN 281973 • • Mrs. Gordon: Father Gibson, you have hit the nail on the head, may I just finish my thoughts. I said lets move it in principle. t am not directing them as to how much money they should allocate but there shouldbe a large sum above what has been recommended by the Manager and that was the purpose of the resolution and I therefore would move it again. It was a priority item on the Mayor's committee anyway but the amount of it is a very important factor in making this program a city- wide program. It was lengthy and I don't want to repeat it but the resolution is in the record and I would move that resolution. Mayor Ferre: Would you repeat it so we can understand. Mrs. Gordon: Mrs. Wilson please read it again, the resolution part please. (Whereupon the resolution was reread) Mayor Ferre: We have a resolution on the floor. Is there a second? Is there a second to the motion? Mr. Plummer: Mr. Mayor, I don't think there is going to be a second so may I offer an alternative. The alternative being that the discussion that has taken place here this morning, that this resolution be forwarded to the committee for consideration in their report back on the 12th of July., and that no figure be designated, no direction be given and the point that scares me in that is, that it can only be under the direction of the Parks and Recreation. I think first and foremost, the important thing is to get the day care centers. Parks and Recreation might not be able to handle it, that's what scares me. I'll offer a resolution - Mrs. Gordon: It was only a principle resolution and about the Parks Dept, I will eliminate that portion only that it is recommended that, we would prefer that, it be handled by our Parks and Recreation Department, if feasible. Mayor Ferre: Now wait a minute, we are going to get confused here. We right now have a substitute motion. Now are you going to put that in a substitute motion? Why don't you repeat your substitute motion quickly so we can get on. Mr. Plummer: I offer a substitution resolution that this resolution be forwarded to the committee headed by Mr. Dan Paul for consideration as a priority item to be included in his report July 12th. Rev. Gibson: I second that motion. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-469 A RESOLUTION REBUESTING THAT A RESOLUTION ADOPTED BY THE DADE COUNTY COMMISSION ON THE STATUS OF WOMEN WHICH RE- flUESTS THAT FEDERAL REVENUE SHARING FUNDS IN AN AMOUNT UP TO ONE MILLION DOLLARS FOR A PRE-SCHOOL PROGRAM FOR CHILDREN BE FORWARDED TO THE MAYOR=S COMMITTEE ON REVENUE SHARING FOR PRIORITY CONSIDERATION, WITH THE RERUEST THAT A RECOMMENDATION ON THIS MATTER BE SUBMITTED TO THE COMMISSION BY SAID COMMITTEE BY JULY 121 1973, ALONG WITH THE REPORT SCHEDULED TO BE MADE BY SAID COMMITTEE ON THAT DATE ._.w,.......__..,.Y...••••11••. _ (Here follows body of resolution. omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson. the resolution was Passed and adopted by the following vote - AYES' Messrs. Plummer. Reboso. Mrs. Gordon. Reverend Gibson and MaYor Ferre. NOES' None 4 • Mrs. Gordon: I warieto thank my fellow commis.Oners for this consideration.; Mr. Southern, Clty Clerk: Mr. Mayor, before they leave, I want to tell you that the public hearing is set for July 12 from 2 P.M. until 4 P.M. Mr. Reese: Mr. Mayor, may I make a comment on this revenue sharing. I would like to bring to the Commission's attention, that the Danny Paul Committee so identified, on revenue sharing, is not and does not have a bit of authority on allocating funds. Mayor Ferre: We recognize that. Mr. Reese: So I think that to even indicate that they have because that is vested solely in this Commission at that public hearing. Mayor Ferre: No question about it, all they are going to do is to come up with recommendations just like these ladies have. Mr. Plummer: As I understood it Mr. Mayor, the committee that was formed is solely for the purpose of investigating those items and recommendation. Mayor Ferre: Andthey will come back with specific recommendations and anybody else who wants to talk will be listened to at that time and then the City Commission who has the final authority on this will decide how it wants to vote. 4, REPORT BY MAYOR'S COMMITTEE ON PARKS AND RECREATION Mr. Walter Etling: Mr. Mayor, I am delighted to be able to present our report to you today in accordance with your request. We have had a great many meetings and vigorous discussions. The recommendations we are going to give you this morning are not unanimous but I think reflect the basic thinking of the majority of our committee. I will read you the basic recommendations of the committee and I believe you all have a copy of the report in hand there and I am on the bottom of the first page. It says the committee recommends as follows: A. That the City Commission should be resolution request the County Commission to instruct the County Manager to begin immediate negotiations with the City Manager and with all other municipalities as they express interest , who own and operate parks, golf courses, recreation facilities and structured leisure time facilities for the transfer of all operations, maintenance, supervision and planning to Metropolitan Dade County. To recognize that until such time as a public referendum county -wide be placed on the ballot, all such facilities would remain the property of the present municipal owner and in the case of debt authorized but not yet expended, the appropriate governing municipal body or its designee would have prior approval of any planning relative to the expenditure of these particular monies and To authorize a public referendum to allow the county cit- izens to vote to assume all general obligations and thusly, ownership of the property. B. In addition, the City Commission should instruct the City Manager. 1. That regardless of the timetable or progress of the above negotiations, he immediately prepare a firm comprehensive physical plan for the improvements to the Orange Bowl Stadium with a target completion date of 1976 January. These plans to include but not be limited to: 5 JUN 2819 a a. increased seating comforts. b. Enclosure of the east end zone to provide attit.ional seating. c. Rapid transit access. d. Sky rooms. e. Enlarged and improved parking facilitie8. f. Improved systems for movement of people between levels of the stadium. g. Improved lighting of the field. h. Improved field viewing for fans in the lower north and south side box seats. i. Improved rest room facilities. II. Consideration might also be given to: a. A tourist oriented "Hall of Fame" complex between locker rooms. b. The development of "Fan Club"areas under the north and south stands. c. The feasibility of a general sports arena on the Orange Bowl site. • liv should be instructed to coordinate and ceii:ielt, with the County Manager and the user/tenants of tim stadium. 2. Thu City Mttnnucr should by further instructed to work with the County Manager toward the end of developing dual or alternate methods of financing, taking into consideration: a. The scope of the improvements. b. The time -table for the improvements. c. Tho possible ultimate ownership of the facility. These are our basic recommendations Mr. Mayor. We have attached several pages of rationale and I will just go down to some that I think might stand out .over the others. On the first page, Page 3, we believe in concept, the committee feels that regional facilities serving all the people of Dade should ultimately be paid for by all of the people of the County and it might be argued that certain tot lots are not regional in nature but we feel as a practical matter, the county unbrella would best serve the people. On the next page, the taxpayer considerations as it relates to the City of Miami. The taxpayers of the City of Miami approved in March 1972, a Parks for People Bond Issue of close to 40 million dollars. These recommendations we believe serve to strengthen the implementation and benefits to those taxpayers. The City of Miami taxpayer retains ow#er- ship unless relieved of the debt. They retain rights to planning with their elected officials. They receive the resources of the County to improve the plan and enhance the project and they receive the combined resources for servicing and programming of the completed facility. The County taxpayer is being asked to universally share in the cost of operating, maintaining and servicing the facilities which many of them are using daily and I suppose the best picture of the impact is simple. The City of Miami Taxpayer is relieved of a 1.8 mill expense at the expense of a .03 mill. The County taxpayer is levied an additional .03 mills for his or her share of the facilities. 6 JUN2819 • We believe this will achieve a better overall system for leisure use. As it relates to the Orange Bowl, on the next page, I think the committee feels strongly, that work should move rapidly with the Orange Bowl physical planning. Input from all user tenants, the net- works and the fans themselves, should quickly be engineered and the committee that you appointed, if you care to do so, to have the work continue on this Orange Bowl phase in an advisory capacity. In conclusion, we feel we don't have to search far to find success stories in this type of centralization, a contract for services approach. The county library system is a fine example, the metro water and sewer authority is another. We as a committee simply suggest that we combine good systems into one overall finer system for all of our people here in Dade County and that's our report. We have a bibliography on the back in greater depth here. Mr. Plummer: I think it would be appropriate to accept the report and ask the city manager to place it on the agenda in July for some other action. This commission owes a great debt to Mr. Etling and the fine job in the brief time that they took to do it. A copy should be furnished to the liason committee. Rev. Gibson: Second but notify the committee so they can be here jointly with us to discuss some of these items. Mayor Ferre: I think this is an important enough matter that we should have an official public hearing, then whoever wants to come up and talk about this has been notified publically and we will listed to the different groups who want to address this commission before we come to a decision one way or the other. I think the people of Miami have a right to be heard specific.,lly on this, so I know we may be overdoing this public hearing bit tit I think this is an important matter and should be advertised. Mr. Plummer: Mr. Lloyd, has a date yet been set for the cutoff of what we have to come up with for matters on a referendum vote? Mr. Rothstein: The last meeting in July. Unless we have a special meeting during August. Effectively the last meeting in July, we are going to pass them on an emergency basis so there is no question of availability on the ballot. Mr. Reese: You really have two basic subjects here in the report of this committee. 1 is your parks and recreation and 1 is the orange bowl. You are talking about a completed orange bowl in 1976 and we are sitt:.ng here in 1973. You have to recognize that out of that period of time, it will allot you in 1974, approximately 6 months at a maximum of doing any work in the orange bowl. The same thing would be allotted to you in 1975. That would be the off-season period,so recognizing you would still have some time in 1976, the maximum time you would have for construction would be about 18 months,'so the sooner a decision is made on.the Orange Bowl, the more realistic you are going to be in 76. Mayor Ferre: Mr. Reese, excuse me for interrupting you but a decision has been made on the Orange Bowl. This commission voted on it and instructed you to proceed immediately with the plan that you ,presented here over a month and a half ago - Mr. Reese: Mr. Mayor, I hate to disagree with you but that is not what had happened. You go back to the record and this Commission has never taken a positive position to proceed on that Orange Bowl. What you did was take the position of sending the report to this committe Mayor Ferre: No Sir. I hate to disagree with you but- I'll get the record out and you get the record out as quickly as possible and my memory serves me right. We passed a resolution congratulating you for your presentation, accepting it and asking you to move on it immediately. Mr. Reese: To the best of my memory in going back through the records, that has not been what was developed and if it had been, I would have asked for money to be appropriated to hire somebody to do this. 7 JUN %% 1973 Mayor Ferre: I am glad,!w byought this up because if you are right and we have a misunderstanding, we are going to get that cleared up right away, this morning. Mr. Reese: So am I under a false misunderstanding. Mayor Ferre: We'll find out in a short while. Mr. Etling we want to thank you in the name of the City of Miami. I have heard of the many many meetings that you have had and many hours of dedicated time that you and the other members of the committee have spent on this very important matter and I want you to know that we are very grateful for your time and that of your committee, that we will take your report with the deepest of consideration, we hope you will be present here with the members of the committee that want to be present for the public hearing to discuss this matter openly and completely and then at that point, I am sure you will see the City of Miami taking - Mr. Etling: We all appreciated the opportunity )to be of service and I enjoyed with working with J.L. and Mel. Mayor Ferre: We have the record. One is a resolution approving in principle the proposed improvement at the Orange Bowl. Now if that isn't specific enough, there is another one, a resolution authorizing and directing the Mayor to consult with persons involved in proposed improvements to the Orange Bowl Stadium with the City Manager and report back to the Commission on June 14 with specific figures and recommendations for said improvements. Now that's specific enough. Mr. Reese: Mr. Mayor, that resolution refers to reporting it to this committee and this committee has not come back with any findings or even the acceptability to proceed to hire anybody. Now lets be very practical. Mr. Plummer: Mr. Mayor, lets don't argue about what we did or didn't do, lets go from right now. Mayor Ferre: Now wait a moment. This is resolution no. 73-349. A resolution approving in principle, the city manager's plans. We approved your plans, for proposed improvements at the Orange Bowl Stadium. The second resolution, 73-350, a resolution authorizing and directing the Mayor to consult with persons involved in proposed improve- ments to the Orange Bowl stadium and with the City Manager and report back to the Commission on June 14th with specific figures and recomm- endations for said improvements. Now, I know, and I can read the statement right from here where I said, that this was I think I used, the word innovative or imaginative or something like that, program and that we should persue it as quickly as poksible. Mr. Reese: Mr. Mayor, then the thing that took place, was that you referred it to the committee and to come back with their evaluation of this program. Mayor Ferre: Lets not argue now about who said what and semantics and if there is confusion, let's get it cleared up. Mr. Reese: Its a matter of taking a positive step. Mr. Plummer: Mr. Reese, let me ask you this question Sir. What authorization do you want right now to start to implement this program? Mr. Reese: To proceed with the necessary engineering, to refine the estimates and in order to proceed with the project. Mr. Plummer: Mr. Mayor, I will put that in the form of a motion that we go on record to give Mr. Reese this authorization as of today. Rev. Gibson: I am always concerned about this. Sir, your committee is studying some of the very things that we are now. Mr. Plummer" No, no, no, no, his committee because I serve on it Reverend Gibson, they are in full accord with all of the improvements JUN 28 19 • i of the Orange Bowl and instruct in their report that the City Manager proceed immediately so there is no conflict there. Rev. Gibson: J. L. so I could intelligently vote. I raised this question. Sir, you heard what is being said. Your committee was app- pointed to serve.this Commission and advise it. Are you in accord with the improvements to the Orange Bowl a pronto? Mr. Etling: I think the thrust of our committee was that they in concept approve the city manager's ideas. We listened to Ernie Mc Coy from the University of Miami. Ernie Seiler from the Orange Bowl Com- mittee. There were other inputs that these folks that offered other and additional ideas about the improvement of the stadium. In concept we like the idea of moving forward. Part of our recommendations is concept says there are other things that conceivably should be con- sidered such as a sports arena on the site. Rev. Gibson: All right, I second your motion. Mayor Ferre: Now wait a moment. Before we vote on this, it has just been pointed out to me, we didn't vote on the previous resolution. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-470 A RESOLUTION ACCEPTING THE REPORT SUBMITTED THIS DATE OF THE MAYOR'S COMMITTEE ON PARKS AND RECREATION, AND RE- QUESTING THE CITY MANAGER TO PUT THIS MATTER ON THE AGENDA FOR PUBLIC HEARING AT THE MEETING TO BE HELD ON JULY 26, 1973, AND REQUESTING THAT COPIES OF SAID REPORT BE SUBMITTED TO THE MIAMI-METRO JOINT ACTION COMMITTEE FOR CONSIDERATION AND 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 Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Plummer: Mr. Reese, give me the wording of my motion. Tell me what you need to start implementation. Mr. Reese: First of all, I would like this Commission to pass a res- olution that none of the Parks for People money be utilized for this expansion because the people didn't vote on this and also the same thing applies to the County, the utilization of any of their park funds. Mayor Ferre: We have no control over that. Mr. Reese: All right, but I would like this Commission to go on record because the taxpayer in the City of Miami is help paying this park fund bond issue for the county. Mayor Ferre: That's a separate motion. We don't want that all in one motion. • 9 JUN281973 Mayor Ferre: There is a motion by Father Gibson on the question that funds from Parks for People will not be used for improvements to the Orange Bowl. Is there a second. Mr. Plummer: Second. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-471 A RESOLUTION DECLARING THE POLICY OF THE COMMISSION THAT NONE OF THE BOND FUNDS AUTHORIZED IN THE "PARKS FOR PEOPLE" PROGRAM BE USED FOR THE PROPOSED IMPROVEMENTS AND EXPANSION OF THE ORANGE BOWL STADIUM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mayor Ferre: Now is there a motion with regards to our recommendation to the County Commission about their use of parks money? Mrs. Gordon: Yes I would like to insert somewhere in the resolution we move today that a proportionate portion of the county park bond money be used in the City of Miami since the City of Miami taxpayers does pay a proportionate amount of it, it is an unfair situation. Mayor Ferret' Rose, I will recognize you in a moment for that motion but lets see if we can get over this stuff here and if you will hold that back. Is there a motion regarding specifically what Mr. Reese said about the County Commission expenditure of park monies? Mr. Reese: The City of Miami taxpayer voted along with the county taxpayer to approve this last large bond issue and the first bond issue that was ever adopted for general improvement in the greater Miami area. The first for a number of years, but what I am asking this COmmission, that a segment of that pond issue that reflects for park purposes, that none of that park money be used on the Orange Bowl. That's the County because the reason I am saying this, we have proposed time and time again methods of financing the Orange Bowl that did not take any money out of the ad valorum taxes and all I want to do is to make sure that the people of the City of Miami will understand that when they start to pay the debt service on the bond issue for Metropolitan Dade COunty, that none of this is going into the Orange Bowl. Mayor Ferre: Mr. Reese, that matter is not before the County Commission nor has it been recommended by anyone so why should we take a position on that right now? Mr. Reese: Because I think you are setting down your guidelines of how you want your Orange Bowl finances. You don't want ad valorum taxes in it and I think this is very important to the taxpayer. Mayor Ferre: Why don't we .pass a very simple resolution that says instructing you because you are the one who now has charge of this, that the Clty of Miami as a matter of principle goes on record stating that we want no ad valorum taxes to be used in financing of the Orange Bowl, period. Mr. Reese: Directly or indirectly. �a JUN 21197 Mayor Ferre: Directly or indirectly. Mr. Reese: So it wont be any debt service. Mayor Ferre: So in other words we are taking a position that we expect this to be financed directly or indirectly without using tax money. Mr. Plummer: I'll offer such a motion. Rev. Gibson: I'll second the motion, I think its only fair. Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-472 A RESOLUTION EXPRESSING THE DESIRE OF THE COMMISSION THAT NONE OF THE DADE COUNTY BOND FUNDS ALLOCATED FOR PARK PURPOSES BE USED FOR IMPROVEMENTS AND EXPANSION OF THE ORANGE BOWL STADIUM, AND THAT NO AD VALORUM TAXES OF THE CITY OF MIAMI OR DADE COUNTY BE USED FOR SUCH PURPOSES EITHER DIRECTLY OR INDIRECTLY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs, Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mayor Ferre: Would you send a copy of our resolution to all of the County Commissioners and the County Manager. Mr. Southern: Yes. Mr. Reese: If this Commission would allocate the necessary funds from the unallocated capital improvements funds for the professional service to refine these estimates on the improvements. In other words,,you would say that I can proceed on that basis. Mrs. Gordon: How much money? Mr. Reese: At this time, I don't know how much its going to be but its not going to be a great amount. As soon as I am knowledgable of the figure, then I can come back and tell you. Mrs. Gordon: In other words, you won't spend it until you know how much you will have to spend, fine. Mr. Reese: Well actually that's what will happen but at this point can't even talk to anybody. Mayor Ferre: Is the resolution clear? Mr. Plummer: The resolution is very clear to me and I offer such a resolution. Mrs. Gordon: What was the resolution? Repeat it. Mr. Plummer: The resolution is giving the City Manager the latitude at this time to engage those professional people needed to complete the study of the Orange Bowl for the fee to be brought back to this Commission for final approval before they are engaged. Rev. Gibson: Second. . 11 JUN2819' The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-473 A RESOLUTION ALLOCATING THE NECESSARY FUNDS FROM THE UNALLOCATED CAPITAL IMPROVEMENT FUNDS TO PROVIDE FOR PROFESSIONAL SERVICES NEEDED TO REFINE THE PRELIMINARY ESTIMATES FOR IMPROVEMENTS AND EXPANSION OF THE ORANGE BOWL STADIUM, WITH DETAILS TO BE RESUBMITTED TO THE COMMISSION AT A LATER DATE FOR APPROVAL (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mayor Ferre: Now I will recognize Mrs. Gordon to make the motion about the County. Mrs. Gordon: I would like to move a resolution to the County COmmission, recommending that the proportionate portion of the county park bond issue be used in the City of Miami for parks improvements. Mr. Plummer: Well if you want to make your motion a little bit more potent, then I will be glad to second it, that the reflection of the City of Miami paying 27% of the ad valorum or the freight for Metro, that somewhat a proportionate share be given back to the Miami Parks and Recreation. If you will include that in your motion, I'll second it. Mrs. Gordon: I"il accept that. Mayor Ferre: A motion and a second, any further discussion? Mr. Rothstein: Along the lines of what Mrs. Gordon has said of the sum of approximately 6% that they planned to spend in the City of those funds, compared to the 27% the citizens of Miami are paying. The funds are going to improve Vizcaya. Improve the Dade County Auditorium, some small funds to the Museum of Science but nothing in the way of any park and recreational facilities as such in the local areas of the City. Mrs. Gordon has put her finger on something very important. Mrs. Gordon: That was the tone of this motion. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-474 A RESOLUTION URGING THAT THE DADE COUNTY COMMISSION DEVOTE 27% OF ITS PARK BOND FUNDS, WHICH IS THE PROPOR- TIONATE AMOUNT OF COUNTY AD VALOREM TAXES PAID BY THE CITY OF MIAMI TAXPAYERS, TO PARKS AND RECREATION DEV- ELOPMENT IN THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) 12 JUN281973 i • (Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. Mr. Plummer: I think when that motion is forwarded to the Metro Comm- ission, that it be included in that request that an answer be given to this COmmission upon that request. In other words not something they will just take and read and forget it. Mayor Ferre: I think that the way to do that is you have a committee now with the County and I think that's one of the first things you ought to bring up. Mr. Plummer: I will be glad to. Mrs. Gordon: Mrs. Rockefellar wants to speak. Mrs. Grace Rockefellar: I am not going into the long presentation I made here on behalf of the 16 civic associations of the City of Miami. I will say in listening to the motions and listening to this Commission today, I want to commend you on the responsiveness to the taxpayers requests and I noticed in this, we like the idea. If Metro takes over our parks they take over all the parks in all the municipalities, not just take over the City of Miami. Now I noticed in this agenda here, I was following very closely on the report of the parks, that as early as January, in 1972, there was a feasibility study to turn the parks over to the county. Now that was January, February, March that it went on and that was at the same time that our City Commissioners and our Mayor were out trying to sell us on passing this bond issue for the parks. Now I noticed in this report here that they recommend that the County take over the indebtedness. Now the question I have is this: As many of the bonds have been sold, is any of that bond indebtedness going to appear on our city taxes that we get as a city tax bill? Mayor Ferre: Mr. Reese? Mr. Reese: I don't think its going to appear on this years tax roll as far as the City of Miami. It will be next year that it will appear for the first time, am I right on that Wendell? that our debt service will show on your tax bill for our bonds. Mrs. Rockefeller: Thank you Mr. Reese: Now if the County does take over our parks, and they take over the bond indebtedness, we would like also to have this Commission insert in there that they cannot place this nearly 40 million dollar bond issue on the property taxes of the people of Miami along but must be evenly - Mayor Ferre: That's all going to be very clearly spelled out if this Commission takes any action on July 26th so in the interest of time, let me ask you to come back July 26th and I think everything will be covered at that time. Mrs. Rockefellar : This is all I had to say and I thank you. 5, HEARING OF COMPLAINTS - PROPERTY OWNERS ADJACENT TO SOUTH FLORIDA MILITARY ACADEMY The City Commission took up for consideration the matter of neigh- borhood complaints concerned with the operation of the South Florida Military Academy having deferred this item from June 14. Mr. Reese: Mr. Mayor, what I have done is taken the request or the questions that the citizens group have and people have worked to take these questions and try to supply you with answers. That is what I have just handed out as item 26. Agenda item 8. You will find what we have endeavored to do is to point out where and what actions have been taken to resolve the questions that they have raised. 13 JUN 2819 Mr. Plummer: I think it would be appropriate at t'iis time that we make a determination that there are representatives of the military academy here. You are representing the military academy? Mayor Ferre: Mr. Bethel why don't you come up before the microphone and we'll listen to you at this time. Mr. Plummer: May I follow through Mr. Mayor? Mr. Bethel Sir, are you aware of the posture of this Commission at the present time? That certain allegations by neighbors of this military academy have been made and you are here either to correct or refute the situation? Mr. Bethel: I am here to represent the South Florida Military Academy. Mr. Plummer: All right Sir, but you are aware of the action of this Commission 2 weeks ago? Mr. Bethel: Yes I am. Mayor Ferre: A11 right I think the way to proceed on this is to have Mr. Reese or whoever he wants to report for the administration and then we'll here both sides. As a matter of saving time, I am going to allocate IS hour to this subject and I would ask Mr. Reese that the administration keep its report down to 5 to 10 minutes. Mr. Reese: I think it can be accomplished and I am asking Mr. Ferencik because his department has been faced with most of the problems in this area and he is in a position to briefly inform this commission. Mr. Ferencik: You see before you on the easel, a plan which shows the plant facility of the South Florida Military Academy and the 2 properties immediately to the rear of the school. In front of you there is a doc- ument in which we summarize - the citizens as requested at the last Commission meeting submitted to the administration a list of grievances that they felt were important in relationship to this school. The document that they submitted to the City points out certain chapters of the City of Miami code. The document that you have in front of you summarizes our findings in relationship to these items that were brought up by the neighbors. Mayor Ferre: We have this in memo form and everyone has read it but I tell you the members of the public have not heard, so perhaps if you would very briefly without reading, because that will take 15 minutes, just the highlights please. Mr. Ferencik: The first question raised with reference has to do with certificate of occupancy. A certificate of occupancy was issued on August 31, 1972 and the proper fee was paid. Unintelligible conversation 'from the audience. Mr. Plummer: Mr. Fassey, weren't you one of the spokesmen at the last hearing? Maybe Mr. Mayor we might be able to expedite this. Let them , they have 4 questions she says, let her read her questions and let Mr. Ferencik say whether its a violation or not and then let the school respond. Mayor Ferre: All right, state your name and address for the record. Ms.Steinberg: Emelia Steinberg, 2601 S. W. 21 Street. I represent residents surrounding the South Florida Military Academy. This school does not operate within the confines of their property. The 27 feet they had in the rear of their building barely accomodates their 6 full size buses and a dempsty dumpster. Mr. Plummer: Mr. Mayor, I think if we handle this properly, lets take 1 point at a time and get it finished. Mayor Ferre: Let her outline her 4 things and then we are going to come back one at a time. Mr. Plummer: Mr. Ferencik are you making notes of these and Mr. Bethel are you making notes? 14 JUN 2819 Mayor Ferre: The first objection is operates within the confines of property. Ms.Steinberg: Their activities spill over into the community creating a nuisance and endangering the lives of the students since they use a public right of way as a playground and for drill purposes. They have 27' but they have fended in an additional 20' that belongs to the public and which they use as a playground. Mr. Anderson from zoning had assured us months ago that the gates and the fence erected by the Academy were to ibe removed. They are still standing although the fence is on public property. Mayor Ferre: Is that #2? Ms. Steinberg: That was 3. Mayor Ferre: Well I missed #2 then. Ms. Steinberg: Their activities spill over into the community creating a nuisance and endangering the lives of these children because they operate on a public right of way. Mr. Plummer: That would be incorporated in 1 that they are not operating within the confines- Ms.Steinberg: #4, we question the requirement of the license issued to the school since there is no playground equipment nor room for any. The dumpster has caused an infestation of vermin and rats in our area and in summation, we request this Commission to see that this school remove the fence, erected on public property. If the school needs a fence to protect their students, and they most certainly do, they should erect one on their own property, that's all. Mayor Ferre: We have 4 specific items here. Mr. Ferencik would you address yourself to them and then we will hear from Mr. Bethel. Mr. Ferencik: The parking areas that are supplied in conjunction with this school are in conformity with the ordinance that relates to grade school. Mayor Ferre: Mr. Ferencik, take them one at a time. The first one was operates within the confines of the property. Mr. Ferencik: I thought her first item was that the school buses took up the entire parking area. There is no real provision in the City of Miami ordinances that relates to the o-peration of this type of school insofar as playground areas, insofar as the plant facility that will be provided by such an operation. THere is a provision in the city code that relates to nursery schools and it does provide that in the operation of a nursery school, you have to provide so much play area per student and it specifies that these things must be dileneated on a survey. We require that they be dileneated on a survey and this is required in the case of all nursery schools that are developed in the city but there is no requirement in the city code that says that you have to supply this in conjunction with a school of grade level. This school is authorized to teach children that are in the like elementary junior and senior high school levels. Mr. Plummer: The question Mr. Ferencik was, are they operating in the confines of the school limits or are they spilling out of the confines? Mr. Ferencik: Well spilling out of the confines as they describe is into the public alley, I assume they are talking about into the public alley in the rear of the building. This, I don't question that this happens. I have seen it happen myself but I don't know if that is a violation of any municipal law. Mr. Plummer: All right, that is number 1. Mayor Ferre: #2 which is the fence on the property. Mr. Ferencik: We issued to a fence company, 3 separate fence permits. 1 fence permit authorized the erection of a fence along the property 15 JUN 2 81 immediately to the east of the school adjacent to that entire alley area. Unintelligible conversation from audience. Mr. Ferencik: Maam it is not their property., The fence is on the private property. The permits were takento put the fence on the private property. We inquired of thefence company and the fence company advised us they received payment for that fence from each of those property owners. The school was authorized to fence those two small areas to the rear of the school out to the right of way line. After the fence was installed, they undertook to put 2 gates accross the alley and they did in fact gate the alley. Mr. Plummer: Is that in fact a violation? Mr. Ferencik: This is a violation. They were put on notice, the gates were opened and - Mayor Ferre: Would you tell us where the gate is? Mr. Plummer: I think this can be handled Mr. Mayor very simply. Don't leave the gates open. Remove them. Unintelligible conversation from audience. Mr. Plummer: Point #3. Mr. Ferencik: From the time they were noticed with reference to those gates, innumerable inspections have indicated they have never closed the gates, however, they gates are still there in place -but they - Mr. Plummer: And they are in violation. Mr. Ferencik: I don't know. As long as they are open, they are in violation. Mr. Plummer: But you did not issue a permit for it. Mr.Ferencik: No. License issued to the school. Mayor Ferre: Point #3 was the question cf a license. Mr. Plummer: I think the point on #3 is do they have adequate playground per student for the license. Mr. Ferencik: There is no requirement in the city code that relates to this type of school insofar as playgrounds are concerned. Now factually, we are advised by the school that they have a lease with the boys club of Miami and they do take their children down to the boys club of Miami for recreational purposes. I have no doubt they do and I have seen these children play in this alley myself. Mr. Plummer: Item #4, in reference to the unsanitary conditions of the dumpster. Mr. Ferencik: This matter was referred to the Department of Sanitation and at one time they indicated to us, they had it under control. I haven't heard this complaint recently and if it isn't under control, we'll go back out there. Mr. Plummer: As far as I listened to the complaints of the residents. The night operation of this school. Mr. Ferencik: The school was never licensed nor was it approved for night operations. The difference in the school would be for night operation versus day operation or adult education versus education at grade school level, would be that there would be a considerable addit- ional parking requirement assessed against the property if this were don The school sub contracted with an organization called Biscayne College and Biscayne College conducted night classes in this building. It wasn't operated by the same people that operate the day school. In the original complaint with reference to•this operation of the school, in the petition that we have, there were 4 specific items that were set 16 JUN2819 s set forth in numbered form in the petition. Items 1,2,3,4. This included fencing public right of way, using the public right of way as a parade and drill field,, sanitation and the illegal parking of school buses on 21 st. between 27th avenue. these are set forth in items. There is no argument in reading the petition that in the dictum of the balance of the petition there was a mention of the operation of night school and we did not, whoever investigated this originally, did not pick that question up. When it was brought back to our attention, ;we did advise the operators of the school and they have terminated this night activity in the school. Mr. Plummer: Mr. Mayor, at this time, through you Sir, I would like to ask Mr. Bethel to come up. There are 5 allegations involved, to come up and make your comments known. - Mayor Ferre: Those of you that are here on this. Write down the questions that you have on this and I will recognize you if there is time. Mr. Fassey: Jules Fassey, 2528 S.W. 21 St. In answer and response to a city code/ordinances that have taken a week of study, I present them to Miss Tillman of Mr. Reese;s office, in response to that, we received some answers that don't jive with the code I have taken out verbatim. Mayor Ferre: Now I recognize you as a point of information. What is your question? Mr. Fassey: The question is this. Who compiled these answers? I mean what department? Mr. Reese: The Building Department. Mr. Fassey: That's what I thought Mr. Reese. And who is the Building Department? Mr. Reese: Its under Mr. Ferencik's supervision. Mr. Fassey: That is all I wanted to know, thank you sir. Mr. Bethel: I would like to say first of all, on behalf of the management of the South Florida Military Academy, they want to work with you and certainly not against you and if any type of attitudes that may have been evidenced in the past, they would like to work in peace in harmony. (Audience-untilligible) Mayor Ferre: Now wait a moment , I will recognize you in your turn. Let Mr. Bethel make his statement and then I will recognize you. Your name and address for the record Mr. Bethel. Mr. Bethel: My name is Paul Bethel and I live 2379 S. W. 28 Street. I am helping the people at the Military Academy chiefly because of their problem with the Lenglish language. I have here several things I think you ought to consider. The parking of the buses and also the playground. I am not sure I am taking these in order. I have here a business lease dated June 1972 with the Boys Club of Miami in which the sume of $1250. is payable yearly for the students to go down and play - Mayor Ferre: Mr. Bethel, excuse me for interupting but in the interest of time, would you keep your remarks to 10 minutes please. Mr. Bethel: I have a business lease which indicates that they have space for playing at the Boys Club of Miami and they go down there, according to this schedule, on the average of 4 times a day. They do not play outside. They arrive in the morning at 8 o'clock and they are there for a very short time, time enough for invocation and the pledge of allegiance to the flag. Now to go on, this alley that they are talking about. These people are quite happy to remove that gate on the fence if that's going to make any difference at all, they are perfectly happy to remove the 2 gates. I think where the confusion is, there is an alley that runs in back of the property and the fence was placed on the other side of the alley. I have been there many many times and I have seen these buses when they are parked in back, they are not in the alley, they do not obstruct. 17 JUN 2819 (Audience-unintel3lible conversations) Mayor Ferre: Wait a minute , we will recognize you as soon as he is finished. Go ahead. Mr. Bethel: As to the balance of the complaints, as to night operation. I think its been indicated here that this was terminated as of June 7 so this should no longer be a problem. I would also like to indicate there is no indication for them to continue that in the future except for an occasional P.T.A. meeting which would be quite occasional. I think what it boils down to is that there are some minor problems regarding this and I hope they will be able to resolve them and I think they have done the best they can. They also have a lease insofar as garbage is concerned, and have had for a year with United Sanitation Services and I have the lease here with canceled check indicating its being used. Mr. Plummer: You can provide the dumpsters but if they are not used properly and if the stuff is not thrown in, you got a problem. Mr. Bethel: Agreed but I find nothing in the file here which indicates a formal complaint by the sanitation service of the city and that basically is where we stand,I hope that this can be resolved and I shouldn't think it would be too difficult to do. If you have any questions, I reserve the right to come back again if I may. Mr; Plummer: Mr. Mayor, let me see if before all these quotation irate citizens get up here, if I might offer a motion that will just take the wind out of their sails and be agreeable to almost everyone. Mayor Ferre: The chair recognizes you for a motion. Mr. Plummer: We have heard the complaints. We have heard those things which are in violation, 5 things that are in violation, 1 which is not, which the one that is not is not in the purview of the City of Miami pertaining to playgrounds. I would offer a motion at this time the City Commission direct the South Florida Military Academy operating at 21 21 S. W. 27th Avenue Miami, Florida that they have 30 days to comply with the following: #1 That their operation at no time will operate out of the confines of their property limits, i. e. public right of way, street, alleyways, dedication, easements. #2 That within that 30 day period, they will remove the gates that exist at both ends of the dedicated public alley. #3 That any violations of the sanitary conditions pertaining dumpster which is presently being used must be corrected. #4 That at no time in the future will any night operation be in this school. I think the 30 day time limit gives them ample time to comply I feel are reasonable requests and if they do not comply with day period, this City Commission will refuse to allow them to to the permitted with what the 30 operate. Mayor Ferre: Is there a second to the motion? I'll recognize you in a moment Mr. Bethel as soon as we have a second. Rev. Gibson: Mr. Mayor, lets clear up, what do you mean by operation. If you say no night school, I know what that means but if you say no operation, I am a little troubled because They do own the property with a lease or otherwise, they may have a meeting and so that bothers me. I think we ought to clear up the word operation. Now if you don't want night school for adults, I could understand. I am on the side where I believe you can't have a school building from 8 to 5, that's just a waste of money. That's another stuation. If they had the property and all that, then I can't stick to that. Mr. Plummer: Father Gibson, I will direct your attention to the comments made by Mr. Ferencik and those comments were pertaining to any night operation of a school comes under different requirements of which they cannot comply with. 18 JUN 2819 • Rev. Gibson: If you say night operation of school, I understand that. But to get caught up in legal jargon, what you mean. We can say, no night school, and that will solve the problem in my mind. Mr. Plummer: Fine, they will not operate a school in the nighttime hours. Can you define night time? Mayor Ferre: Rev. Gibson: Mayor Ferre: second - Do we have a second on the motion? Mr. Bethel, you hear what Mr. Plummer said. I am going to recognize Mr. Bethel as soon as we have a Rev. Gibson: Is that unusually difficult for you to live with and operate under, what Mr. Plummer has said? Mr. Bethel: As I understand it, the operations will be confined to the property then. Referring to playground, the children etc. Mr. Plummer: Mr. Bethel: Rev. Gibson: That property which you own. And remove the gates to the alley. Right. Mr. Bethel: Now the one question here about the violation of sanitary conditions, we will correct what indicates is already a violation, I am not sure that that is true. Rev. Gibson: If there is you have to do that anyway. Mr. Bethel: And no night school and this is precisely why I wanted to interrupt earlier. Yes 'all of these are perfectly - Rev. Gibson: All right Mr. Plummer, you have a second. Mayor Ferre: Now we have a motion and a second. Is there any further discussion from members of the Commission? Now the chair will recognize, how many people want to speak on this? All right, now who is going to be first. I am going to accept three speakers maximum because we have 4 minutes left. Ms. Malloy: I am Kate Malloy. A question about Mr. Plummers motion. Could we the people ask that since the fence was erected bong the right of way, could we request that in order that they stay within the confines of their property, that we have, or that you ask them to provide a fence on their property? You are saying, ordering them to do so. I am saying it is our problem to call you everytime they are out of the confines of their property. If they erect a fence around your property, then we are assured that they have to jump it to get out. Mr. Plummer: Mr. Mayor, since the question was asked of me, I will through your sir, answer the question, NO, I do not feel that that is necessary and I don't think it behooves you to have to call. That's what we have zoning enforcementfor and I am expecting them to enforce the rule and if they don't, you call me and tell me or the Mayor of this Commission or the City Manager that they are not enforcing the rule, then we will jump on them. Ms. Malloy: But Sir, let me just point out that our original petition was dated September 22, 1972, with these same violations. We are here now almost July 1973. We know that they don't. I spoke to you on the phone. You people have been told that they don't do it but nothing has been done. Mr. Plummer: And when you told me this, what did I tell you? Ms. Malloy: You told me to put it in writing and I did it. Mr. Plummer: And I told you to appear before this Commission. You are here. We are doing something. 19 JUN 2 81g7 Ms. Malloy: But Sir, its a year later. Why can't we have a fence, then we have some kind of a - Mr. Plummer: Well I dont feel that a fence, making them go to the expense of putting up a fence is reasonable. Ms Malloy: They put up fence before. Rev. Gibson: I have been out and looked at the property. Now I am on the side of schools and churches. You have to understand that. I would hope that we as citizens at no time would lose sight of the fact, these schools help our children and god knows, it is far better even to tolerate some of the distasteful things in connection with a school, then to have these children doing some of the other things that are out here. I realize we are giving F, taking about the fence. Ihope that you the citizens would want to share in helping children to the point that you don't exact them a fence but the people who are here in the spirit of cooperation, goodwill and understanding, would regard that line that you are talking about. I understand what you say Madam, I have been there and I have seen it but I do plead respectfully for those children. I wish they were elsewhere. I know what you are saying but I don't know if the Commission is aware. If they had to drive those buses to the rear and that fence is not there, it makes it less difficult for them to drive that bus and I am only asking you to be understanding and I want them to also be understanding of what you are talking about and I believe that now that we have them here, you have this open confrontation, I think they will now in the sense of cooperation and good citizens would carry out- Ms.Malloy: They are using a public right of way for their driveway to park their buses, to load, to unload and to play. We feel that if they were required to fence in their property -- Mayor Ferre: You already stated that and I understood it and Iam sure everybody else here, now lets see if Mr. Bethel has a rebuttal and then I'll recognize you Sir and we will proceed from there. Mr. Bethel: In this alley, if you put a fence here, you are going to be fencing the kids in rather than permittin g them free access to public alley. It seems to me there is no problem if the buses can come in the alley, load the kids, that is a public alley - Mayor Ferre: If they limit their activities just to that. Mr. Bethel: They will not park in that alley. Mayor Ferre: I certainly hope if this resolution passes that the admin- istration is going to enforce it very very strictly and that we keep a strong eye on that alley to make sure that there are no parking violations o n that and let me say if there are and if this thing comes up again, I think we are going to have a much stiffer and stronger attitude in this matter, so if you tell your associates, your friends - (conversation about fence) Not using microphones. Mr. Ferencik: This certainly appeared the school would have done it but the permits were issued to the property owners and we - Mayor Ferre: Those property owners gave permission to put up that fence. Mr. Ferencik: That's where the fence is and they paid for the fence. Mr. Bethel: I think its significant that among the people who are not here and among the people who did not sign the petition, are those closest to the school. (Again -unintelligible conversation, several persons speaking at once) Mayor Ferre: Now wait a moment, one at a time. Mr. Bethel are you finished? Mr. Bethel: I am. 20 JUN 28197 • • Mayor Ferre: All right, Mrs. Gordon. Mrs. Gordon: On the location of the fence, who paid for it and whose permission was given? Its not on the property belonging to the school. Its on other property. Mayor Ferre: Where are those property owners? Mrs. Gordon: Did they give permission for it? Mr. Bethel: They did. Mayor Ferre: We have a question. Was the fence erected with the permission of the 2 property owners? Mr. Ferencik. Mr. Ferencik: I can only assume it was. The fence company advised us and the fence company took the permit out in the name of the two property owners which is the customary manner of doing it. They took a permit for the northerly lot and a permit for the southerly lot. I called the fence company and asked them, who paid for the fence? The fence company told me that those property owners paid for the fence. Mayor Ferre: I want that verified in writing if you would please. Let's pass, we have a motion and a second, lets call the question on that and with regards to the question on the fence, we will come back and discuss it again after Mr. Ferencik has specifically investigated whether or not those property owners gave permission in fact for the erection of that fence. Rev. Gibson: Mr. Mayor, Mr. Mayor, Mr. Mayor, I think those people must have given permission, knowing what I do abo'it property owners, they would have been in court long ago and I think all of ought to in the spirit of cooperating, and just being good citizens, we realize what the situation is and while I was there and I sympathize with the people in the neighborhood, I want to ask you please, see what I see young people are doing today, please don't really push them to the wall -and I would hope we would - Mayor Ferre: I will recognize you sir and then I hope you will cut off the duscussion and vote in a few minutes. Mr. Fassey: Father Gibson, allow me to give you my assurance in behalf of the property owners here that we all feel in accord with the way you feel. If you notice the issue of the school itself was not the main factor over here but the operation of the school although we do question how a school got there in an office building but we are going to let that go by because like you, we feel that there aren't enough schools to accomodate the children in different circumstances however, in accordance with your desires, I say that the fence is necessary for the safeguard of the children since its- a right of way and buses come by. I am supplementing and implementing that which you feel. I think the fence should be there as a safeguard for the children for the very fact that we are concerned about the children. Rev. Gibson: Let me respond. I went there and really now, I think the Commission needs to be sensitive to this. That alley is not used that much, that often by other than the people. All right, I went there now, that's why you came here, other than, well I don't live there but I have to make the judgment for the other citizens. Other than the people, say the school people or the people who live adjacent to the property. You heard this lady say that the real gut issue is, if you move the fence from where it is to the school property line, you now box the school in. Thats all I am trying to say that as we vote, we vote intelligently knowing. I want to defend your rights but I must live with your conscience. I have listened to you and one of the few times, I went out there and walked on the land. (Unintelligible conversation from audience) Mayor Ferre: All right, lets have order here. 21 JUN281973 Mr. Plummer: We have certain authority of what we can do and what we can't. Now if they are blocking a public: right of way which they are doing with those gates, we can make them remove them, that's part of my motion, but I cannot make the man build a fence around his, the back of his property. I'm sorry, I can only go so far. Mayor Ferre: We have now spent 40 minutes on this item. I am now going to request that the roll be called and then we will discuss other items in regard to this. Mr. Fassey: May I bring up one more point. Mayor Ferre: No Sir, I think we have talked enough on this matter. I will recognize you after the roll call with regard to something else in this neighborhood. Call the roll. The following reselution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-475 A RESOLUTION DIRECTING THAT THE SOUTH FLORIDA MILITARY ACADEMY, WITHIN THIRTY DAYS, COMPLY WITH THE FOLLOWING REQUIREMENTS: (1) THAT ITS OPERATION AT NO TIME EXTEND OUT OF THE CONFINES OF THE PROPERTY OWNED BY SAID ORGAN- IZATION, i. e. PUBLIC RIGHTS OF WAY, STREETS, ALLEYWAYS, DEDICATIONS AND EASEMENTS (2) THAT WITHIN THAT PERIOD, SAID ORGANIZATION SHALL REMOVE THE GATES WHICH PRESENTLY EXIST AT BOTH ENDS OF THE DEDICATED PUBLIC ALLEY; (3) THAT ANY VIOLATIONS OF THE SANITARY REGULATIONS WITH RESPECT TO THE GARBAGE RECEPTACLE WHICH IS PRESENTLY BEING USED, BE CORRECTED; AND (4) THAT AT NO TIME IN THE FUTURE IS ANY NIGHT OPERATION AS A SCHOOL TO BE PERMITTED IN THE BUILDING; AND DECLARING THAT IF SAID ORGANIZATION DOES NOT COMPLY WITH THESE REQUIREMENTS WITHIN THE THIRTY -DAY PERIOD THE CITY COMMISSION WILL TAKE ACTION TO REVOKE THE OPERATING PERMIT OF SAID ORGANIZATION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mayor Ferre: I think the point that Mrs.Gordon brought out, I agree with the importance of how that fence got there and who put it up and with what permission. I would like to request the administration at the next meeting, if you can do it by then, if not by the subsequent meeting to report back to us as to who exactly got the permit, whether the property owners permission was obtained, and then we will again discuss this matter of the fence, thats #1. #2, we have a memorandum sent to us by the administration and it came from Mr. Acton's depar- tment. I think what it points out, I have read this carefully, is the same old problem we have had in the City of Miami and indeed throughout Dade County, and that is -and this is why we need to get into a review of the City of Miami with a master plan because what happens it that there is some confusion as to where schools can be, there's no confusion but it creates confusion as to where schools are allowed and what has happened here is that a school has been allowed next to a residential area and as a consequence of that, you have a school building of over 9000 sq.ft. on property that only has 17,000 sq.ft. and that is what the problem is. I think we should refer this to the Planning and Zoning Board for the adoption 22 JUN 28197 of appropriate changes in the zoning ordinance and review this. I want to warn you so you understand. Since thee people have been granted this permit, that they wt+uid be grandfathercd in so you are not going to kick them out of there but it certainly would avoid that type of a problem in the future. We ought to correct this so that in the future this type of problem would not arise. Mr. Plummer: Mr. Bethel, I am going to suggest to you Sir and I emphasize the word, suggest, since part of my resolution which just passed at this Commission was the fact these students spill into that right of way, you are in trouble. I think you should give strong consideration to a fence being erected to keep this from happening. I have no authority to make you do it Sir, but if you break the provision of that alleyway being used. I think you are going to be .in trouble and for the price of a chain -link fence, you might want to give it some serious consideration to keep it from happening. Mr. Bethel: I will so advise them but I would like to go back to what the Reverend said earlier. That alley, if you think about an alley servicing several houses or adjacent property. That alley right now because the fence is in there and obviously with the permission of the people who are the property owners, the only purpose that the alley serves is in fact to service the back of the school itself so it isn't quite as black and white as it may look. Mayor Ferre: Mr. Bethel, I understand that the lady who owns this property is here with us today, is that correct? Mr. Ferencik: She lives next door to the people who are on vacation but she is acquainted with the situation in reference to that fence and how the fence got there. Mayor Ferre: Do you want to address yourself, and then I am sorry, we are going to have to move on, we have a lot of things. Unidentified Lady: I think Mr. Mayor you put your finger on the problem that all of these children are in this very small space. The Davis's gave permission for the fence to be put up. I live next door to them, I am Mrs. Melvin Munroe and we live next door to the Davis's which is 2 houses from the school. The Davis's gave permission for the fence to be erected to protect their property from these 200 children in this very very small area and it seems to me that this study you just mentioned puts the finger on it. It should not be allowed to happen. Mayor Ferre: Mrs. Munroe let me understand this, let me ask you a question Did the Davis's agree to putting that fence there? They gave their permission? Mrs. Munroe: They are on vacation but he told us they gave permission for the fence to be put on their property to protect themselves but its my understanding from him that the school paid for the fence. Mayor Ferre: I understand, thank you Mrs. Munroe. Rev. Gibson: I wouldn't want these people to leave unless I say this. I would hope that Mr. Bethel would tell his tenants not to park, now I didn't want to say this openly, those buses in back of that building will kind of help relieve the situation, if those buses were not in back, it would kind of help. I think you must leave here with the utmost severity and sincerity to cooperate. These people homes are their castle and if I were living there, I really wonder how I would react, you know what I mean? I just think you ought to sit down with them and give it a thorough going over . The other thing Mr. Mayor is I don't want these people to get any hopes up. No study we make of schools is going to help you and no study we make of schools is going to help anybody else because the State of Florida has a law that will permit schools to go anywhere the State wants to. I serve on the governor's committee to restructure the education system. This is how I know. I had an awakening. You can't stop them. The School Board could decide in the morning that they want to put a school in a certain place and you know what they do? ask me, we had a 5 acre tract of land and they say power of eminent domain and they say my brother, this is what I want and that's it. 23 JUN 2 81973 The point is, I'll show you some schools inthe Black area that don't have no 5 acres of land. Well let me tell you, you won't get one law for one and another for another you know. Thats the point. Mr. Mayor lets move on, I'm sorry. Mayor Ferre: Now, is there a motion to refer this to - Mrs. Gordon: I would like to move this Mr. Mayor because it is something vitally important that specific minimum land area requirements be set up and area for playground for private schools because I would venture to say there has been a great number of private schools that have come into the Miami area within the past 20*3 years that have no playground area, some have even upened'up within a storefront. I think this is an injustice to the citizens and the boys and girls who are attending these schools. I move that. Mayor Ferre: Is there a second? The motion is that this matter be referred to the Planning and Zoning Board for the adoption of appropriate changes in the zoning ordinance so that in the future, private schools sites will have sufficient space to function properly. Is there a second to the motion? Mr. Plummer: I'll second it. Rev. Gibson: I'ss second it. Mayor Ferre: Let me clarify. What Father Gibson said is that a school, that the state law protects public schools and gives them the right of eminent domain and they can put a school anywhere they want. Now, but that doesn't mean that they can violate the zoning regulations or at least the guidelines of what type of space is needed. Rev. Gibson: Mr. Mayor, I want to give you another awakening. You aren't going to be able to tell that School Board. They come up with a separate statute altogether. Mayor Ferre: These are private schools father. Rev. Gibson: Let me say this. These private school people are going to take you to court, they can. We did a little research and they will raise some questions, you know, what is a school? Mayor Ferre: Lets study it, we will come back and the Planning Department can come back with a study. Mr. Plummer: Mr. Mayor, Mr. Mayor - Mayor Ferre: We have a motion and a second and I won't accept any further discussion. Call the roll. The following resolution was introduced by Mrs. Gordon who moved, its adoption: RESOLUTION NO. 73-476 A RESOLUTION TO REFER TO THE PLANNING DEPARTMENT AND THE PLANNING BOARD FOR A STUDY, A RECOMMENDATION ON THE MATTER OF LOCATION AND MINIMUM LAND AREA REQUIRE- MENTS FOR PRIVATE SCHOOLS, WITH THE IDEA IN MIND OF RECOMMENDING CHANGES TO THE CITY'S ZONING ORDINANCE IN ORDER THAT IN THE FUTURE, THESE SCHOOLS WILL BE COMPELLED TO PROVIDE SITES OF SUFFICIENT SIZE FOR SUCH PURPOSE (Here follows body of resolution, omitted here and on file in the City Clerks Office) 24 JUN 2 8197 Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, MRs. Gordon, Reverend Gibson and Mayor Ferre, NOES: None Mr. Plummer: May I conclude Mr. Mayor by asking of the Building Department that they be the inspectors and give us a letter showing either compliance or non-compliance within the 30 days so that if this matter is not corrected by our meeting on the 28th, we can take other and more direct action. Rev. Gibson: I would second that motion. Mayor Ferre: Call the question on that specific motion now. It was unanimously passed by the Commission. Mayor Ferre: Thank you all for your patience. All right, we'll recognize you for 1 minute for apoint.which is new as I understand it, go ahead. Mr. Fassey: If you remember before, I raised the question as to who compiled the answers to the violations. Mayor Fe'rre: That has been clarified. Mr. Fassey: In their responses, they eliminated certain of the post references that I have over here where it says about the noise factor. In violation of unnecessary, excessive or unusual noise generally: It shall be unlawful to make any unnecessary, excessive or unusual noise in the City. In the next section, 36-3, loud or boistrous noises generally No person shall create any, definition of person according to the Code Book persons can be regarded as an organization, group or singular or plural, create any loud or boistrous noise which may annoy persons on any street or sidewalk or in any building adjacent thereto. I am making an issue about the children using the confines of the outside of the drill field. The orders are given in a language where one instruco yells out the language and 350 voices in cadence respond to that command, do you think that that is reasonable? Mayor Ferre: Mr. Ferencik, do you want to give an answer to that question The question specifically is, drill on the property and the voices carry forth in violation of the noise ordinance. Mr. Ferencik: .Well theordinance of the city, zoning ordinances, as we have discovered here this morning, there may be deficiencies in these ordinances. The ordinances of the City do not set forth a specific decibel rating that relates to C-2'property. When you get to C-4 property we can go out there with a sound meter and if the sound meter within certain octave ratings exceeds a reading, then they have a violation. Other than that it becomes a public or private nuisance question. Mayor Ferre: I think Mr. Reese that when the administration comes back with their report after this has been studied, that I personally want to state that I think that people who live in homes have a right not to be bothered in residential area and I certainly think that this matter of noise factor is something that must be considered. I am in no way trying to put down a military academy having their drills but the fact is that they are right next to single family residences and I think these people have a right to live in peace. We are talking about marching and the commands and the 350 responses. Rev. Gibson: But Mr. Mayor he just represented to us that they were using, I don't mean Mr. Ferencik, I am talking about Mr. Bethel, Mr. Bethel just said they have a lease on the Boys Club to do that. Now either you are going to keep that lease or you know, you make us look bad to these people. Mayor Ferre: Now do you use the Boys Club to do that or do you use the alley? Mr. Bethel: The Boys Club, I am advised that the Boys Club is used to do that. 25 JUN 2819 Now they may confuse what is going on out there because it is in a foreign language. I am advised by the people of the South Florida Military Academy that their marching takes place at the Boys Club. How in the world can you put that many people in such a small area. The whole complaint is that there is no space. How can you march 300 kids around there? Viola I live in the middle of the block but I was trying to use the alley the other day and there were 3 or 400 kids there and I wanted to get through the alley, they were marching and a 7 year old captain came up to me and said, Mam, you are on a private school. I said, Sonny, I am on public property and he said Mam, and we went through the routine again. Now I think Reverend Gibson, the first premise the child should be taught is truth and respect for property and then an older and bigger captain came up and said, you're right, it is public property, and I was told we will get these 7 buses and these 400 kids moved. I didn't have the time. Mr. Bennett: I was on the public property walking through and there was 7 buses parked there. I took the numbers of those buses. Then, the Major Domo of the group of children, and there were dozens of them, there, came over to me and said, what are you bugging me for? I said, I am not bugging you, I am taking the number of these buses for future reference and I am on my proper ground when I am here on a public ground. He says, if you don't get off of here, I'll throw you off. Now, I am 80 years old and more and have to take that abuse. I don't think its very right. One more thing to speak of. When they enter and leave the buses, those buses are capable of carrying 50 or more children, they are lengthy buses and they travel backwards and forwards and I am telling you its a dangerous situation. There have been several times children have been closely hit. Now a person or persons driving a car up 27th Avenue and you know what the traffic is there, having to come in very quick, meet an opposing bus leaving there, its going to be a colli sion. Its going to be a disaster. That's all I have to say. I didn't make my name. I am Mr. Bennett. Mayor Ferre: Mr. Bethel, it is very clear, in my opinion anyway, there has been a lack of proper public relations if you will, or a lack of consideration for the proper rights of the citizens who live in this vicinity. I think it really behooves your associates to instruct every- one in the school, that it is -public property and that they have to conduct themselves accordingly. That they should not obstruct roads. That they should keep their voices down because this is a residential neighborhood and I think ladies and gentlemen there is not much we can really can do as far as the school perse because it comes within the purview, they have their school, there is nothing we can do about it and let me tell you, you get 3 to 400 kids together, and I don't care what their social background is, what race, they belong to or anything else, they are going to make noise because they are children and they are going to run and be on the streets and there is nothing you or any- body else can do about it. Now what we are going to try to do, is we are going to have them try to live within the law and try hopefully that you will communicate with these gentlemen, that they will do their very best to try to keep a good atmosphere in the neighborhood, and respect the rights of the citizens who live there. Mr. Bethel: This will indeed be done. Mayor Ferre: We have passed about 3 resolutions on this matter and we have taken over an hour. We are 1 hour behind. There a lot of other citizens here on other matters that want to be heard so I will thank you very much for being with us today and hope that we can clarify this problem. 26 JUN 2 819 • • 6, 2ND ANNUAL INTERNATIONAL FOLK FESTIVAL - REPORT CONCERNING Mr. Morty Friedman: Mr. Mayor and members of the Commission, I will try to be very brief and just give you a quick report on the 2nd Annual City of Miami International Folk Festival which was held May 30, June 1 and 3rd. The attendance this year and I know that all the members of the Commission participated in the festival, the turnout was tremendous and far more than we ever expected and we estimate that more than 50,000 saw the events of the festival at one time or another, not counting those who saw the parade which I think you will agree was a beautiful parade. The arts and crafts exhibits we had was in the main library in the auditorium. The Library informed us it was the largest turnout they have ever had for an exhibit in the main library. I believe it was over 2600 on one day, alone, Satur- day. The City budgeted $10,000 for this festival. With all the figures in, we spent about $9,800. During the first festival, we did not charge for the food booths that we had there and the committee decided that since a number of the food booths made considerable money, that we would charge a fee for each one of the food or refreshment booths and we did that with the permission of the City Manager. Our revenue from that was $1,675 so that despite our appropriation of $10,000, we only spend approximately $8,125. Of that, about $3,000 went to city employees, firemen, police etc. stagehands. In addition to the benefits cultural and otherwise which were enjoyed by the people who attended free, through the City of Miami, there was a great amount of publicity in the caribbean area and throughout latin america on the festival and the City of Miami's sponsorship of it. The Library has asked us that next year, we try and plan a whole month of the arts and crafts exhibit in the library because the response was so great. We have had discussions with Lew Price on the coming year and the possibilities and there is a desire if the Commission agrees, to make this an international month. City of Miami International Month and bring in other items in the program. Mayor Ferre: Thank you very much. Rev . Gibson: Mr. Mayor, I would like to offer a resolution of thanks to the members of their committee and if another resolution is necessary, I would like to ask that the committee be reappointed or whatever is necessary, and also Mr. Mayor, I want to say that they had an overflow there on Saturday night that was heartening and really something that this City ought to be particularly proud and glad. Mrs. Gordon: I'll second that motion. Mayor Ferre: Any further discussion, call the roll please. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-477 A RESOLUTION EXTENDING THE APPRECIATION'OF THE CITY COMMISSION TO MR. MORTY FRIEDMAN AND THE MEMBERS OF THE INTERNATIONAL FOLK FESTIVAL COMMITTEE, AND EXPRESSING THE DESIRE THAT THE SAME MEMBERS OF SAID COMMITTEE SERVE FOR THE COMING FESTIVAL NEXT YEAR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 27 JUN 2 8197 Mrs. Gordon: With regard to the festival, may I offer another motion. That for the coming year, we extend the period of time for a month long festival and include other activities, I so move. Mayor Ferre: Mr. Reese? Mr. Reese: Mr. Mayor and members of the Commission. I would like to make a suggestion. I think that if the overtures were made to the Tourist Development Authority over on the Beach, that they would be willing to enter into a joint effort on this because they endeavor to hold a festival at the same time, that was really in conflict, and they could help and contribute toward this and I know if the overtures were made - Mrs. Gordon: Mr. Manager, with regard to your idea. The investigation of a joint venture has been made and is acceptable to be a cooperative, however, in the interests of the City of Miami, the unbrella of the sponsorship of the City of Miami should be placed over the event since it was the City of Miami that did begin the International Folk Festival and it would be a shame to lose that identity. These other entitled are willing to cooperate with us and there are several other entitied that will enter into it and by 1976, it is hoped, we will have an international summer, so, it is a next step forward to have an international designated month of the coming year. Mayor Ferre: We have a motion, is there a second? Rev. Gibson: Second. Mayor Ferre: Any further dLscussion, Mr. Reese? Mr. Plummer: Yes there has to be more discussion than that'. Mr•. Mayor, you know, its nice to say that instead of a 3-day weekend, we are going to have a month. Mayor Ferre: We are not appropriating any money on this. Mr. Plummer: Well that's my concern, you know, what is a month going to cost us as opposed to a 3-day weekend. Mayor Ferre: We aren't talking about that. Mrs. Gordon: We are not talking about any money at all. Mr. Plumner: Just designating the month. Mrs. Gordon: Yes. Rev. Gibson: Just the month. Mayor Ferre: Call the Roll. Mr. Southern, Clty Clerk: Mrs. Gordon, does that include the Manager's suggestion about Miami Beach? Mrs. Gordon: Well its under the umbrella so that the City of Miami retain their identity as the originator of the festival. I would say that the motion does not include it but that we will cooperate with other entitites. And there are other entities besides Miami Beach that will cooperate. Mr. Southern: But its not included in the motion. Mrs. Gordon: No. 28 JUN 281973 The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-478 A RESOLUTION EXPRESSING THE OPINION OF THE CITY COMMISSION THAT THE DURATION OF THE NEXT INTERNATIONAL FOLK FESTIVAL TO BE HELD IN MIAMI BE EXTENDED TO LAST FOR ONE MONTH, AND TO INCLUDE ADDITIONAL ACTIVITIES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 7, CONDITIONAL USE - JEFFERS PARK AMENDED - LOTs 14L15.25i15.27,28,BLK.4 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-479 A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XX, SECTION 1 (4) (d) TO PERMIT CONSTRUCTION OF SEAFOOD PROCESSING PLANT ON LOTS 14, 15, 25, 26, 27 AND 28, BLOCK 4, JEFFERS PARK AMENDED (9-38) LOCATED AT APPROXIMATELY 950 N.W. 21ST TERRACE, SUBJECT TO PLACEMENT OF A SOLID TEXTURED MASONARY WALL, SIX (6) FEET IN HEIGHT, ADJACENT TO RESIDENCES, SITE ZONED I-1 (LIGHT INDUSTRIAL 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 ado pted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 8, PERMANENT WAIVER- OFF ST.PKOLSPACES-WEAVER'S SUBDIVJSION Mr. Plummer: Mr. Mayor, I would like to recommend at this time that the waiver be continued or even discontinued. I don't even think that its necessary. I drove by the owner and he has assured me that they have a contract with ah electrical engineer to comply with the lighting standards set forth by the City and at this time Mr. Mayor, I will move that this restriction or conditional use be removed and it become a permanent part of their operation. Mr. Reese: Subject to the contract being completed. Mr. Plummer: Yes Sir, of course. 29 Mayor Ferre: And the parking lot lighting ordinance requirements will be adhered to. Mr. Plummer: Yes Sir. This is in conjunction with Tropic Togs, a part of the garment industry. Mayor Ferre: We have a motion, is there a second on item 11? Rev. Gibson: Second. Mayor Ferre: Any further discussion? Call the question. Mr. Southern: Mr. Plummer, you are amending item 11 as it appears on the agenda? Mr. Plummer: Yes, remove the restriction. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-480 A RESOLUTION GRANTING APPROVAL FOR PERMANENT WAIVER OF 13 OF 42 REQUIRED OFF-STREET PARKING SPACES, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XXIII, SEC- TIONS 8 (2)(d), 2 (5), AND 3 (28), ON LOT 1, BLOCK 2, AND LOTS 1, 2, and 3, BLOCK 3, WEAVER"S SUBDIVIS- ION (6-31), AND WEAVER'S ADDITION (UNRECORDED), IN CONJUNCTION WITH THE CONSTRUCTION OF AN ADDITION TO A MANUFACTURING PLANT AT THE S. W. CORNER N.W. 3RD COURT, 4ND N. W. 22ND LANE, LOCATED AT 360 N. W.22ND LANE, SITE ZONED C-5, (LIBERAL COMMERCIAL) AND R-4 (MEDIUM DENSITY MULTIPLE) DISTRICTS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 9, D Mr. Plummer: Mr. Mayor, I would like to know from the Planning Dep- artment what is under study and has it been concluded? Mr. George Acton, Director of the Planning Dpt: Mr. Mayor and members of the Commission. The reason we placed that comment in our recommen- dation was that there is a very definite problem with the existing freezer plant facing on 1st Avenue because the length - the semis that back up and load or unload at the plant, they continually obstruct 1st Avenue so in our recommendation we were trying to consider the partial closing of Miami Court and also the street that abutts Dorsey Park on the north. This would allow the city to expand Dorsey Park and put in some much needed landscaping in the area adjacent to the freezer and the owners, the Planning Department and the City Street and Plat Comm- ittee, did meet on this particular item on numerous occasions and were unable to reach any agreement. . Mayor Ferre: Why, the neighborhood didn't like the idea? Mr.'Acton: Well not necessarily the neighborhood, but just the owners and the owners were unwilling to make any modification on that portion of the existing freezer plant that would allow the semis to back in at an angle rather than perpendicular to the plant. 30 JUN Z8197 What happens is that these semis are so long that they obstruct the east half of 1st Avenue when they back into the freezer plant and of course we do have a fire station located at the end of 19th avenue. Mr. Plummer: Mr. Acton are you telling us Sir that you want more time? Mr. Acton: No, no, I am trying to explain to the Commission what has happened. We have reached an impasse. The owners are unwilling acc- ording to my understanding to do anything to the existing freezer plant and based on this condition, we therefore recommend denial of their application for conditional use, which is the same recommendation coming to you from the Planning and Zoning Board. Mr. Spencer: My name is Tom Spencerof the law firm of Myers,Kaplan, Prter, Levinson and Kennedy. I represent the applicant. The gentleman's statements are not quite accurate. What we are here on is a request for a variance with regard to the off-street parking which is required under the ordinance. The gentleman referred to another problem which we have in our negotiations with the Planning Department because its physically impossible for these semis to turn around, so that as we show you on the plan that we are going to pass around, the only way that these semis can move into this plant is in the manner that we have devised them so its not that we aren't willing to do anything. Its just because of the nature of the business, its impossible to do anything else. Mr. Plummer: Mr. Spencer, you have heard Mr. Acton say that it is possible sir. Mr. Spencer: Well I don't know what his expertise is in that particular business is. Mr. Plummer: Its been questioned before Sir. Mr. Spencer: I won't even touch that one. Mr. Stock is going to show you the plans and the layout as it has been designed. The thing to take into consideration we submit is with regard to the existing plant on the other side of the street. We had originally come before this Commission and asked with regard to that existing plant facility for a variance also because of the nature of our business, we do not use the amount of parking spaces which are required under the ordinance. We were granted that variance subject to a field check. Two years later, the department came out and took a loop at the situation and found that the facts were as we stated them to be and with regard to this particular plant, what we are asking for is the waiving of 29 out of the 93 off-street parking spaces, to bring this down to 64. We will employ approximately 10 people in the plant facility itself as Mr. Stock will explain and we will have approx- imately at the most, another 20 in the office so we don't feel that under any circumstances, are we going to be using or be required to use the 94 parking spaces so we think 64is absolutely appropriate. We would also state that our application would be conditional upon a field check just as we had in our existing plant facility which we think would be entirely appropriate so what we are saying to you is give us the variance and then check in 2 years later to make sure that we are con- ditioned upon that field check and to make sure our statements are accur- ate, the way we say they are. Mr. Plummer: Mr. Spence, let me tell you how one commissioner feels. Mr. Acton he can tell you how to do it Sir. Now coming here with a recommendation of denial of the Planning and Zoning and the Department now who are the professionals, Sir, as far as I am concerned, you have 1 of 2 choices. Take a denial and lose out for 1 year or take a defer= ment for 30 days and let Mr. Acton show you how to do it and then if you still disagree, come back here and we will listen to you again. That's how 1 commissioner feels. You can either be denied outright or you can take a deferment for 30 days and try to work with the department and if its an absolute stalemate then after he says he can show you, then come back here and we will listen to you. Mr. Spencer: As I say Mr. Plummer, that is an offer we can't refuse. 31 JUN281973 • The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-481 A RESOLUTION TO DEFER FOR A PERIOD OF THIRTY DAYS THE APPLICATION OF NATIONAL FREEZERS INC., FOR VARIANCE TO PERMIT CONSTRUCTION OF COLD STORAGE PLANT ON LOTS 2a19 AND TRACT 19A, BLOCK 21, WADDELL'S ADD REPLAT, LOCATED AT APPROXIMATELY 1849 N. W. MIAMI COURT, WAIVING 29 OF 93 REQUIRED OFF-STREET PARKING SPACES, ZONED I-1, (LIGHT INDUSTRIAL), AND REFERRING THE MATTER TO THE PLANNING DEPARTMENT IN AN EFFORT TO ARRIVE AT A SATISFACTORY METHOD OF CONTROLLING THE EXISTING TRUCK PARKING PROBLEM AT THAT 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, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: NOne THE ITEM WAS DEFERRED TO JULY 26. • 10, CONDITIONAL USE = LOTS 38, 39, BLOCK B FORT DALLAS PARK AMD Mr. Sidney Aronovitz representing developers of a proposed Holiday Inn on the property as described above. Mr. Aronovitz: Mr. Mayor and members of the Commission. The City National Bank of Miami is trustee and holds title to the property that the old Granada Site is located on right now, the Granada apart- ments., Sir - Mr. Plummer: As far as I am concerned Mr. Mayor, this comes to us with recommendation, unanimous vote of - Mayor Ferre: Wait a moment, I just recognized, Lucius, I shouldn't have voted on the D.D.A. because we own property right next door. I have to abstain and will turn the chair over to Father Gibson. Mr. Plummer: Mr. Aronovitz if it meets with your approval Sir and the approval of the Commission, there are no objectors and were none of record. Comes to this Commission with the unanimous vote of the Planning and Zoning Board and approval subject to an agreement for accomodating the proposed riverfront walkway and provisions of adequate landscaping screening and or appropriate esthetic treatment of the garage facade as seen from the walkway, are those stipulations agreeable to you Mr. Aronovitz and your client? Mr. Aronovitz: Yes Mr. Plummer, with one qualification that I discussed with the City Attorney this morning. We have delivered to the City and the D.D.A., the sketch which is here with us today showing the river - front walkway including the width and various dimensions. We would like that the legal description be deferred until we have completed the building. We'll physically deliver the easement by reference to the sketch attached whichnhas dimensions but we are concerned that in the construction of the property, we might be plus or minus an inch or so and run into trouble with our permanent lender and we would be in trouble with an encroachment. I think we have discussed that with the City Attorney here. Mr. Plummer: Mr. Acton, is that acceptable to you? 32 JUN28197 • • Mr. Plummer: Mr. Rothstein, is that acceptable to you? Mr. Rothstein: It has to be as a conditional use and Mr. Aronovitz if you vill file that of record with the Clerk, the sketch that we had this morning, do you have that? Mr. Aronovitz: Yes I can provide it, do you have the sketch Mr. Feinberg? YES, we will. Mr. Plummer: Mr. Williams, is this agreeable with -you? For the record, he indicated yes. Based on this Mr. Vice Mayor - Mr. Rothstein: Would you give your motion and let me put the condit- ional uses in it- Mr. Plummer: Would you like to make my motion? Mr. Rothstein: Its a conditional use based on the condition that the plan which has been submitted today to the Clerk showing the easement and showing a cantilever setback, cantilevered building set back app- roximately 13' from the waterline. Mr. Aronovitz: 10. Mr. Rothstein: 10' from the waterline with further passage of easement underneath the cantilever portion of the building, that the easement for filing, the documentation be submitted to the City Attorneys Office in a form suitable and acceptable with the proviso that it will be filed upon the completion of the construction of the building when an actual legal description will be added to the documentation and further that, when the tentative and final plat are submitted to the building, that the plat will show and refer and permanently reserve the easement right of way for the public pedestrians. Mr. Aronovitz: That will be satisfactory. Mr. Plummer: See what good motions I make. Mr. Aronovitz: He read it off and its very clear. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-482 A RESOLUTION GRANTING A "CONDITIONAL USE", AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 2(8)(a), TO PERMIT PARKING GARAGE IN CONJUNCTION WITH HOLIDAY INN ON LOTS 38 AND 39, AND E'LY 225' OF BLOCK B, FORT DALLAS PARK AMD (4-85), LOCATED AT 150 S. E. 4TH STREET, WITH A MAXIMUM OF 350 PARKING SPACES, SUBJECT TO THE APPROVAL OF THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE PLANNING DEPARTMENT OF THE PROPOSED DEVELOPMENT OF THE RIVER WALKWAY; SUBJECT TO COMPLIANCE WITH LIGHTING REQUIREMENTS FOR PARKING LOTS AS SET OUT IN ORDINANCE NO. 8115; SITE ZONED C-3 (CENTRAL COMMERCIAL) DISTRICT. SUBJECT TO CONDITIONS SET FORTH HEREIN' (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seApnded by Mr. Reboso, the r olution was passed and adopted by thiollowing vote AYES: Mfrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Rothstein: Mr. Aronovitz has another problem so he can go ahead with his construction. Mr. Aronovitz: We have this problem. This developed and we asked the City Manager to add it at this point on the agenda. Back in December of 1971, this Board passed Resolution No. 43091 regarding our property here and it provides that no building permit can be issued until we plat the property. Now we are running into platting at this point so we have requested of the Building Department which in turn has con- ferred with the Department of Public Works and the Law Department that this COmmission amend the prior resolution to permit us to receive a building permit under the condition that we file a tentative plat within 6 months and a permanent plat within .2 years and we have discussed this with the City Attorney and he has discussed it with the Department of Public Works. Mr. Plummer: Mr. Reese is this acceptable to you Sir? Mr. Reese: Yes, I had a discusson on it this morning. Mr. Plummer: Mr. Rothstein, is it acceptable to you Sir? Mr. Rothstein: Yes Sir, subjet again to my giving you the terminology Mr. Plummer: Mr. Acton, is it with your approval? Silence gives consent. Mr. Rothstein if you will make the formal legal motion. Mr. Rothstein: To move that the Commission pass a resolution authorizing that the effect of Resolution No. 43091 with reference to Section 1, the issuance of no building permits be waived for the purpose of the construction of the Holiday Inn building which is reflected on the same map which was submitted previously and that the condition of this be that within 6 months from the issuance of the permit, that a tentative plat for this building be filed c.nd that within 2 years, the developer shall submit a final plat and replat on this particular building and the property on which its located. Mr. Aronovitz: Fine. Mr. Plummer: I so move. Mrs. Gordon: Second. Rev. Gibson: Call the Roll. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-483 A RESOLUTION AMENDING RESOLUTION NO. 43091 TO WAIVE THE REQUIREMENT IN SECTION 1 THEREOF WHICH REQUIRED THAT A PLAT BE FILED PRIOR TO ISSUANCE OF A BUILDING PERMIT TO ALLOW THE CONSTRUCTION OF A HOLIDAY INN BUILDING, AS DEPICTED ON DRAWINGS SUBMITTED WITH RESOLUTION NO.73-482 PASSED AND ADOPTED THIS DATE, WITH THE CONDITION THAT WITHIN SIX MONTHS FROM THE ISSUANCE OP SAID BUILDING PERMIT A TENTATIVE PLAT OF THE SUBJECT PROPERTY BE FILED, AND THAT WITHIN TWO YEARS A FINAL PLAT SHALL BB FILED (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, tho resolution was passed and adopted by tho following vote - AYI,S: Mussrs. Plummer,, Reboso, Mrs. Gordon, Reverend (fih9oii Mayor I+nrr,+. NOI S: None JUN 28 ?it Mile PLUMMER: Mr. Aronovitz, you don't have to answer these questions nor your client, but for my own edification and that of the Commission, may I ask Sir, when this Holiday will start construction? Approximately how high it will be? How many rooms will be included? Mr. Aronovitz: W. Plummer certainly. I would like to introduce Mr. David Feinberg of the Feinberg interests who are the owners of the property for whom the City National holds title. I am sure with his permission, I will be happy to answer your questions. This will be a 20-story Holiday Inn, 408 rooms. Commencement of cons- truction will occur in the early fall of this year and what we are seeking here is the opportunity to place in the interior, within the building, a parking garage to house up to 350 vehicles. ALong with that, we might mention to you that the walkway that we are happy to dedicate and give to the City in the form of an easement and for which I commend the Mayor and the, members of the D.L.A. fr,r their dilligent effort in negotiating this matter, this together with other easements that we will grant, will undoubtedly equal in value to the City 150 and 200,000 in land value in addition to which, our client has agreed to construct this walkway on Holiday Inn site, pay for the cost of it, and blend it in to the city's requirements as to the materials and coordinated into both ends of the walkway so that you have a single coordinated walkway right down the line. Mr. Plummer: His portion will not be a toll road. Mr.Aronovitz: Not with an easement to the City. Mayor Ferre: Thank you very much Mr. Aronovitz and I would like to congratulate Mr. Feinberg for his cooperation and I think this is a great project for the downtown area and I commend you for it and hope you commence soon and finish it soon because we need that for downtown. Mr. Aronovitz: And incidentally Mr. Mayor, we are very happy to be able to say that this project is moving,ahead without any requests for change in zone and without a single variance so we are very pleased we are able to do that. 11, AMEND SECTION 39-24 - PARKING CHARGES An ordinance entitled - AN ORDINANCE AMENDING SECTION 39-24, ENTITLED "PARKING CHARGES", OF THE CHARTER AND CODE OF LAWS OF THE CITY OF MIAMI, FLORIDA, BY THE ADDITION OP A PROVISION THAT SEASON PERMITS FOR THE PARKING OF MOTOR HOMES AND REC- REATIONAL VEHICLES AT THE ORANGE BOWL STADIUM RESERVED PARKING AREA MAY BE OBTAINED ON THE PAYMENT OF A FEE OF $80.00; FURTHER PROVIDING THAT THE PAYMENT OF SAID FEE SHALL AUTHORIZE PARKING IN THE AREA RESERVED FOR SUCH VEHICLES AT TIMES DURING WHICH THE STADIUM IS UTILIZED FOR PRE -SCHEDULED HIGH SCHOOL, COLLEGE AND PROFESSIONAL FOOTBALL EVENTS; FURTHER PROVIDING FOR A PER -GAME FEE OF $4.80 TO BE ASSESSED FOR THE PRIVELEGE OF PARKING MOTOR HOMES AND RECREATIONAL VEHICLES IN THE AREA RESERVED FOR SUCH VEHICLES IN THE ORANGE BOWL STA- DIUM PARKING AREA passed on its first reading by title at the meeting of June 14, 1973, was taken up for its second and final reading by title and adoption/ On motion of Reverend Gibson, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8170. 35 JUN 281973 12, AMD. ORDINANCE 6945 - SICK LEAVE. CIVIL SERVICE RULES & REGS. An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6945, PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OP THE CITY OF MIAMI, BY REPEALING RULE XIX, SECTION 3, SUBSECTION J, WHICH PROVIDES THAT SICK LEAVE WITH PAY SHALL NOT BE GRANTED FOR PREGNANCY, AND REPEALING THEREFROM RULE XIX, SECTION 6, SUBSECTION c, which establishes the entitlement FOR A MATERNITY LEAVE AND THE CONDITIONS UNDER WHICH SUCH LEAVE MAY BE GRANTED passed on its first reading by title and the meeting of June 14, 1973, was taken up for its second and final reading by title and adoption. On motion of Mr. Plummer, seconded by Mr. Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8171. Mrs. Gordon: Mr. Mayor, may I bring up a pocket matter? Mayor Ferre: Would you tell Mr. Stone we are ready and waiting for him and I will recognize Mrs. Gordon - Mrs. Gordon: Mr. Mayor, I mentioned to you yesterday and I would like to put it in the form of a motion today, that the City Commission take the lead - Mayor Ferre: Rose lets wait, I will recognize you later- 13, RESOLUTION OF CONDOLENCES - DEATH OF MR. ROBERT RICHMOND The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-484 A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND CONDOLENCES OF THE MAYOR AND COMMISSIONERS OF THE CITY OF MIAMI AS WELL AS ALL OF THE CITIZENS AND EMPLOYEES OF THE CITY OF MIAMI TO THE FAMILY OF THE LATE ROBERT A. RICHMOND WHOSE UNTIMELY PASSING AT AGE 50 HAS DEPRIVED THIS COMMUNITY OF A MOST RESPECTED CITIZEN AND EMPLOYEE (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 adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 36 t 14, PROPOSED RIVER AUTHORITY AND RIVER ZONING DISTRICT Mayor Ferre: The Chair recognizes Commissioner Rose Gordon. Mrs. Gordon: At yesterdays meetipg of the joint committee, preliminaries of the joint committee of the City and County beginning their conferences, I brought up a matter which has long been on my mind and is one I feel might be instrumental in moving forward what is so sorely needed here in the City of Miami and also in Dade COunty with regard to the Miami River. All of us know the problems ,that exist on the river and all of us are trying to contribute something toward making it better than it is and Secretary of State Stone and his committee are doing a wonderful job but I think that what we really need is to bring together, all the efforts into one joint effort, in a River Authority. I think a River Authority which would be made up of citizens of both the City and the County, could effectively bring together all the loose ends and push forward in the attempt that we have to upgrade the riverbanks, to remove the derelict vessels and to clean up the pollution in the river, and I would like this City of Miami Commission to take the lead in this direction and I would like the City of Miami Commission by resolution, to clearly state that we would like to see such an authority developed and I would so move. Mayor Ferre: All right, we have a motion now to create a River Authority as has been explained by Commissioner Rose Gordon. Is there a second to the motion? Mr. Plummer: Mrs. Gordon, I would like to bring to your attention if I may. #1 I don't know the full remifications of what you intend of this River Authority. I am only scared of duplication, that is that Secretary Stone who has made this very illustrious swimming presentation. I know that his office is very dilligently working and have accomplished a great deal in the cleanup of the River and the enforcement, I think, does lie' within their purview. #2 I would like to call to your attention, that an arm of this Commission and so appropriately made was the Marine Council. Now, here again, duplication. Here again, if we have a committee which is charged with certain criteria and I will admit to you that I don't know the full purview of the Marine Council but I do know that the representatives that sit on the Marine Council are people who are extremely knowledgable on all River, boating and marine interests in this county, so I only bring that to your attention and wonder if not, you would like to make a committee of the Marine Council specifically for the riverfront. Mrs. Gordon: I would like to leave it loose. The persons who have specific different types of knowledge and in this authority, you need to have some persons very knowledgable on zoning because I believe a part of the entity should include, what is created should include a joint zoning district for the City and the County because the lines of demarcation are very hard to say. Where does the City begin and the COunty end? The entire riverfront needs to be treated as one entity and one body has to have jurisdiction over it, so I move this in principle. Who is appointed, I don't know. I think that a combination of City and County officials, not necessarily elected, would be appointed to serve ably on it and I would leave it completely open. Its a thought that I feel is necessary in order to completely join together these various and sundry groups that are trying to bring about the same effect. Mr. Williams is here and I would like very much to hear from him, that's why I asked him to stay, just to get an idea from him how he feels that this body might help --- Lucius, would you come up for just a minute please? Mayor Ferre: First of all, I am going to recognize the City Attorney and then I am going to ask the City Manager for comment and then I am going to recognize Mr. Williams. 37 JUN2819 Mr. Rothstein: Mr. Mayor, I would like to call to the Commission's attention, that for about a year and a half now because of the problems of the mixed jurisdiction over the River, including federal, state, county and city,' the Secretary of State Stone has been with a cleanup committee effort on the River at which there have been many meetings held, many reports filed and the City Law Department and the Adminis- tration have participated and I thick before the Commission sets up another group, it might want to get the advice of Secretary of State Stone because he is so deeply into the project with all the organized effort of the County, City, State and Coast Guard and the federal gov- ernment and the U. S. Attorneys Office, that to strike out on our own at this point. Mrs. Gordon: May I clarify what you are saying? There has already been consultation with Secretary Stone's group. This is not in conflict with them. They wish to see the kind of aid that they would receive from this kind of a thing and certainly it would not be set up without their direction and their cooperation and it is a principle motion and I hope that you will not talk it to death. Mayor Ferre: Now I will recognize Mr. Reese. Mr. Reese: I just wanted to make the comment that undoubtedly the Commission, is not knowledgable, but originally the City of Miami created a riverfront authority, Kate Thornhill was the chairman of it, members of the Marine Council were on this and it was the conclusion of this group that it should be turned over to Metro because a greater water frontage exists throughout the area that is under the Metro jurisdiction than under the city jurisdiction. Mayor Ferre: Is there such a committee now? Mr. Reese: As far as I know its still in existence because a positive action that they took, they bought a boat that was equipped to go down the river and pick up trash and they have been doing this. Now this was the only positive action of this group that I know of and I don't know if its active or not but it was turned over/ Mayor Ferre: Well I would like to make a comment. Mrs. Gordon, I am not at this time, for or against the River AUthority, I think its a good idea but I think and if I could respectfully recommend, that before we move ahead creating this authority that we do 2 things. That we ask the Secretary of States office for their ideas on this and that we check out with the county, we instruct Mr. Reese to check out with the county. Where does the so-called river authority stand as far as Metro is con- cerned right now and lastly, we just created a joint committee for Miami Metro problems and that we ask them also to discuss this and see if we can do this properly. Mr. Plummer: And. also Mr. Mayor, would you include in that, the Marine Council? Mrs. Gordon: All bodies concerned with this effort be counseled with and with the purpose of joining hands of developing a zoning district which is the prime important factor among this whole thing. Its not to just pick pieces of debris, its to do that plus to prevent further violations and also a most important factor is this,that many vessels tie up to the riverbanks and remain there for indefinite periods of time. These people are using these vessels as a .home. They are not contributing in anyway whatsoever in the way of taxes to the City of Miami. I believe that in addition to other things, we could work along by recommending to the legislature or the county if the juris- diction is with the county, that these vessels be taxed at least an amount to support their being there and to prevent the pollution of the river. 38 JUN 281973 Mayor ferre: Now lets see if we ---- Mrs. Gordon: Now the first motion was that we consult with Secretary Stone's office and with the County about forming a River Authority. Mayor Ferre: And with the Marine Council. Mrs. Gordon: With the Marine Council. Mayor Ferre: And with the joint City -County committee. Mrs. Gordon: All bodies that are interested about creating a river authority. First motion. M,ayor Ferre: Theres a motion on the floor. Mr. Plummer: Second it. Mayor Ferre: All right, are you going to include the City Manager also in this? Mrs. Gordon: Of course, the Manager is our administrative - Mr. Reese: I am part of the committee. Mayor Ferre: In your own capacity Mr. Reese. Mrs. Gordon: That we have an answer back here if possible at the first meeting in July simply because - Mr. Plummer: Now you just got sticky. Mrs. Gordon: Just a moment. The Secretary of State River Restoration Committee will be meeting July 20th I believe and I am a member of that group and I do attend all their meetings and I am up on what they are doing and I would, like very much to have a report for that meeting. Mayor Ferre: We have a motion, do we have a second to the motion? Mr.Plummer: I seconded it. Mayor Ferre: Call the roll please. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73.48S A RESOLUTION REFERRING THE MATTER OF A PROPOSED MIAMI RIVER AUTHORITY TO THE CITY MANAGER, METROPOLITAN DADE COUNTY, THE SECRETARY OF STATE, THE MARINE COUNCIL AND THE MIAMI-METRO JOINT ACTION COMMITTEE, WITH THE REQUEST THAT A REPORT AND RECOMMENDATION BE SUBMITTED TO THE COMMISSION AS SOON AS POSSIBLE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 39 JUN 28197 s Mrs. Gordon: And then to our Planning Department, that they get together with the Dade COunty Planning Department and try to develop a method for which a River Zoning District can be created. Mr. Acton: Mr. Mayor and members of the Commission, I think its incumbent on me now to speak to this particular item. Your planning department for the last year has been gathering data on the river. Two task forces have been formed. One by the Marine Council that represent those particular phases of the Marine Industry that do have uses along the river. There are 8 members in this committee chaired by Mr. Alex Bell who is the president of the Marine Council this year, Mr. Reginald Walters of the Dade COunty Planning Department has appointed a member of his department to sit in on the meetings that are currently in progress with our planning department, to evolve those zoning controls that would be necessary to meet planning objectives along the river. I wanted the Commission to be aware that your planning department is already actively underway. The second task force is a task force that was appointed by the American Institute of Architects and did appear before Secretary of State Stone's committee approximately 4=5 months ago. They also are working with the City of Miami Planning Department to evolve objectives and necessary controls. I wanted you to be aware that this is already happening on the part of your city administration. Mrs. Gordon: I knew that you were working on it because I think its been nearly 3 years since it first started Mr. Acton. I'm not blaming you but its taking too long to come to a head and I move this today specifically so that we may move it more quickly. Mayor Ferre: There is a motion on the floor. Does everybody understand the motion? Is . there a second to the motion? Mrs. Gordon: Clarify the motion. Mayor Ferre: Clarify and repeat the motion. Mrs. Gordon: The City and County planning departments jointly work towards the goal of setting up a zoning district for the river, a river zoning district. Mayor Ferre: All right, that's the motion, that this be referred to the county and that the city consider setting up a zoning district for the river. A joint zoning district, that's the motion. I think this ought to be - Mrs. Gordon: Similar, similar - Mayor Ferre: To your city-county- Mrs.Gordon: Mr. Mayor - Mayor Ferre: To your city -county, metro - Mrs. Gordon: Mayor, this is similar to airport districts where there are certain regulations set up for airports. Mayor Ferre: We have a motion. Is there a second? Is there a second to the motion? Not the way its worded. Is there a second to the motion once? Is there a second to the motion? All right, I turn over the gavel to Father Gibson and I am going to second the motion that this matter be studied and that as I understood it, it be referred to the County and this committee that we have on a joint county -city --- Mrs. Gordon: Most important of all is that the delay be cut short. If everything has been taking too much time. This is the purpose. Mayor Ferre: Okay, I second that motion. 40 JUN 281973 Mr. Plummer: Well allright, a point of clarification. Who is going to be involved? The original motion was just the City and Metro. Now if you are going to include - Mrs. Gordon: We are talking about a zoning district between the two Planning Departments. Mr. Plummer: That's right but who is going to study it? That's what I want to know. Mayor Ferre: Its being set up to do just that. Its a joing Miami -Metro Committee and its exactly, it comes within the purview of that so I recommend to you Father Gibson, the chairman of it, to bring this up as a matter of priority and come back to this Commission and I would hope that our counterparts and your counterparts in the County would go to the County Commission for a joint action to create what and push this matter to a head. Mr. Plummer: Are we going to include in that the Marine Council? Mrs. Gordon: We are talking about zoning right now. Mr. Plummer: All right but they can still be included. Mrs. Gordon: Anybody. Every citizen in the City of Miami is welcome. Mr. Plummer: Refer it to the Marine Council also. Ok, you are referring then to 3 groups, the County Commission, the Miami -Metro Joint Action COmmittee and the Marine Council, will you accept that in your motion? Mrs. Gordon: If Mr. Plummer needs it spelled out, I will accept it. I don't think it needs to be spelled out. Rev. Gibson: Any further discussion? Call the roll please Sir. Mr. Southern: Mrs. Gordon in your original motion, you mentioned the City and County Planning Departments. Do you want those in? Mrs. Gordon: Yes because they are the professionals and they need to come up with the idea of how its to be done. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-486 A RESOLUTION REQUESTING THAT THE CITY OF MIAMI PLANNING DEPARTMENT, JOINTLY WITH THE METROPOLITAN DADE COUNTY PLANNING DEPARTMENT, THE MIAMI-METRO JOINT ACTION COMM- ITTEE, THE DADE COUNTY COMMISSION AND THE MARINE COUNCIL, STUDY THE QUESTION OF A PROPOSED "RIVER ZONING DISTRICT" (Here follows body of resolution, omitted here and on file in the City Clerks Officel Upon being seconded by Mr. Ferre, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Re boso Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Following roll call, Mayor Ferre resumed the chair. 41 Mrs. Gordon: There is a third. Is the Attorne;. here? Does the County have the authority or the City together with the County to place a tax on vessels that tie up and dock for long periods of time? Mayor Ferre: Mrs. Gordon, I don't --now you have passed 2 resolutions and we are way behind. Commissioner Plummer says he has to leave here at noon. We have with us Mr. Stone who says he needs hr. its now 12 to 12 and I will recognize you - Mrs. Gordon: Just tlet him answer my legality question. Mayor Ferre: All right answer the question and then we will recognize Mr. Stone and then after that I will recognize you for a motion. Mrs. Gordon: Do you know? Mr. Harris Turner, Asst.City Atty: We will have to take this under study because this comes under federal regulations. Mayor Ferre: Okay, you don't know. Mr. Stone, the chair will recognize you sir. 15, PRESENTATION OF EDWARD D. STONE JR.. & ASSOCIATTS. ARC}1ITECT$, REGARDING THE DEVELOPMENT OF WATSON ISLAND Mr. Stone: Thank you Mr. Mayor. I will make brief slide presentation and then try to reserve the remaining time for questions. We were given this assignment some 60 days ago to come up with a master recreation plan for Watson Island. We have some rather specific recom- mendations I hope you will bear with us an6 we will go through'quickly. Begin Audio-Vizuat Stide Pteser.#a,t4on Pfan- As you can see, once again Watson Island is a central facility in the entire metropolitan area serving both the downtown and Dade & Miami area plus all of Dade County through excellent expressways as well as Miami Beach. The RED form on the diagram to the left illustrates location in its relationship to the downtown, the transit system and Dodge Island. A view of downtown from Watson Island areas and extremely good views from all points on its periphery. Ita accessible on a regional scale. Its got some excellent visual implications. Its not now by any means fully developed as far as we see it. There are some interesting act- ivities on the island which we feel can stpy, if its the wish of the Commission. The Goodyear Blimp. The Japanese Garden is extremely handsome and should be augmented. Chalk's Airline is the subject of some question. I think certainly in the early days it might stay. The logic of having it possibly moved to Dodge Island where they have customs facilities in the future, might be worth considering. This is an analysis of the circulation and impact. The Mc Arthur Causeway is a strong divider currently of the island and its recreational potential. You can see both the Heliport and the Goodyear Blimp have their own spheres of influence as does Chalk. This is the existing land use. The boat slips along the inter coastal side looking towards Dodge Island. There is Chalks headquarters. The blimp and heliport as exists now. The Japanese Gardens at a part- icularly handsome time of the year and the Garden of the Americas which we feel should be reinforced and made somewhat stronger. This is one of the clubs on the island and the public boat launching facilities. Thw outboard club and the existing bulkhead along the government cut. The diagram on the left illustrates vegetated cover on the island. Its quite sparse consisting mainly of some groups of coconuts, austrailian pines and the garden development at the Japanese Garden and the Garden of Americas. There are some problems that I wouldn't call noise pollution. A helicopter makes an enormous racket. The MacArthur Causeway is a substantial noise producer. 42 JUN 281973 The Blimp. We have with us Dr. Voss of the U of M who has been our consulta nt in water quality and the major conclusions drawn here, the water to the north and east of the island is currently stagnant. Not in the sense that its got a lot of pollutants in it but it doesn't have an adequate flushing action. There is a simple device for cleaning that up along with the cleanup of the Miami River, I think Watson Island, can be brought back to a state where it can be totally utilized for water recreation. Here again the live aboard present problems. This is the area north of the island that we, n.e. where we propose ultimately to restore a beach once the water pollution has been controlled. A quick analysis of the visual quality of views from varying points on the island. They are all excellent to good but its an extraordinary piece of realestate to be able to look out from so we felt that the development of the shoreline for perimeter both for pedestrians and vehicular utilization is an extremely important ingredient in the solution to the problems. Again the varying views. The site conclusions. I am going to ask Dave Armbruster, who has been our partner in charge to quickly go over those with you. Mr. Armbruster: The conclusions drawn up were 1. Mc Arthur Causeway is a strong physical barrier, a strong separator of the park parcels. The island does due to its location and the volume of traffic and other factors does lend itself to a rather intense rather than pastoral devel- opment. The island's major asset we feel is the views and shoreline that afford the views. The north and south points which are diagrammed by arrows are prominent points and are not utilized to the maximum advantage. The Japanese Garden should remain we feel. Its a very attractive facility. Chalks can also be accomodated if its the Commission's wishes. We have studies to analyze these major activities. Again the views from the island are very significant. The visual improvement along Mc arthur causeway should continue, we would like to upgrade that and we are suggesting at this time that the improvement continue beyond the park. It was not our task to study this but we feel that the approach either way whether going to Miami or Miami Beach or vice versa, there should be a strong landscape beautification program developed along this entire prominent traffic way. The land use concept arrived at for Watson Island was that we improved the access to:.the park from McArthur Causeway. That was a major concern in development of these activities. A vertical element should be included to take stronger advantage of the views that the island affords. We had the opportunity to go up in a helicopter and hover over.the island and just get a feeling of what the view are over the island. We didn't have a camera but it was quite spectacular. An interesting and unique activity center should be incorporated to generate the intense use we feel the park is going to need. There should be major marine oriented facilities along the east shore line where they are protected and a lot of the activities now occur. There should be continued improvement along all the shoreline of varying levels. If you remember our presentation on Bayfront Park, that was a strong consideration. I don't think we have to involve ourselves from a cost point or from a development point as we had in Bayfront Park but again, the shoreline should be improved in varying degrees. Major landscaping should be included within the entire park to give its continuity and give it a proper setting. These are the strong identifying features we have come up with in creating the master plan. I will let Ed review this with you. Mr. Stone: As opposed to the Bayfront Park which has a passive orientation primarily for low key pedestrian activities, we liken this in our own minds to Tivoli Gardens which literally is a series of very intense activity set in a park garden setting so we just show you some quick slides of Tivoli and some of the activities in that. There are restaruants, shops, outdoor concert facilities, promenades, places to sit. This is the sort of recreational focus we think it should have. Tivoli also has a very active schedule of performing arts. I don't know, I don't think this is a particularly well suited function for this considering the noise levels from the various traffic modes but I think the spirit of Tivoli would well be our guideline here. 43 JUN 2% 1973 This is the site plan of the island itself and of a peespective. This is focusing in on the detail of that overpass which will be required at some point in the future when the park reaches its full utilization. There is a large traffic count on Mc Arthur Causeway and to handle in that grade intersection, would we feel untimately be very disruptive. The vertical element which Lave mentioned is shown in perspective there. This is only one very early thought about it but we do feel if you could get up high on that island, the views in 360 degrees are quite exciting. The sketch on the right illustrates that kind of excitement. Another view down the Government Cut with Dodge Island on the right with the Beach beyond. Because you are surrounded by beachfront on all sides, you have these spectacular views and its become a destination point not only for people re?ident in the city and county but also for tourists. This is a plan and a perspective of a resurrected idea that we had at Bayfront Park which has not been received with enthusiasm but perhaps it might be appropriate here. There are not that many waterfront activities in Miami for recreational, outdoor dining, immediately adjacent to active and interesting waterways. We feel that this offers an oppor- tunity for the City to provide for residents and visitors and probably at no cost to the City. We have had initial discussions with some of the people that have build these elsewhere and it seems this would be an ideal location for a restaurant uniquely designed. shopping facility which could be built at no cost to the City, in fact could become a revenue producing asset in our judgment. Immediately behind it, you see the large meadow area which would serve for informal ball games, campouts, a specific reques from the girlscouts for a facility here which could be accomodated in that area. Unfortunately it would be seasonal since during the winter, the Blimp is located there and we feel that is a very unique and distinct asset to the City of Miami and should be encouraged to find that as winter home. Like all migratory birds, I guess it has to go someplace. There is another closeup of that early Miami shopping recreation of early Miami if you will, some illustrations of the character of it. The promen ade as we stated, the views are so handsome that we should encourage pedestrian activity along the bay and along the cut side. Another persepctive study of the waterfront village and what it might look like in relationship to its surroundings. Here again we are illustrating the principle of overflow parking on grass if the need arises without getting into a large hard surface area for parking. We have more than met the parking requirements here and actually a number of the spaces proposed here could be soft surface. We hoped we could get some historic boats brought in here. Mr. Armbruster: One of the main features the western shorline affords is that there is relatively deep water there and relatively good seawall. We are hoping that visiting 'ships, major interesting ships that people could board such as navy vessels, the Coast Guard Eagle, ships of this caliber that could generate interest not only for the citizens of Miami but for the facilities we are creating. We are trying to create lots of activity and varying types of activity so this is one feature we feel could be a part of the Watson Island scheme. Mr. Stone: The Blimp is illustrated in that open meadow and we feel its worth while. We think we could also have an outdoor boat show here. The parking is there, the support facilities are there. Kite flying, any sort of, its a large open space with adequate support facilities seem to lend itself to kites, model airplane meets or whatever. This is a complex facility. There exists on the island currently, 2 clubs which serve a fairly large membership and serve some very con- structive purpose in the marine education of the youth of the area. In our judgment however, it is pretty hard to reconcile a private club on a public parkground and our recommendation is that a fairly major central marine facility be built and that within that whole complex, be allocated specific space which could be leased to or by the Miami Yacht Club and the Outboard Club which they could have their own identity within an overall complex, but that would still be under the fundamental control of the public and the City. We would actually increase the total number of wet slips on the island so that boating would be further enhanced. 44 - JUN28197 We would have outdoor dining, bait and fuel provision so that it would become a complete marine facility. It would have classrooms for the ongoing education program that is provided by both of those institutions and this might be further augmented by Parks 4 Recreation Department. This is an idea that I•think may be a little complex to sell but - there is an enormous need for destination points, for short term boaters. Weekends, I administratively suggest no more than 3 nights might be spent in a facility like this but it would be a marine park where you could put in your boat, limited to small boats, cabin cruisers, outboard boats, live aboards for a couple of days, use existing provided toilet facilities, picnic facilities, etc. but have a destination point in the Miami area to come and have a recreational focus for the numerous boat owners in the area. The idea'being.youu would look out from your boat onto a park land, not onto another gangplank as in most conventional marinas. We are providing for 3 boat 1,aunching ramps with a total cap- acity for 100 boats and trailers. This is the Japanese Garden which we would like to see enhanced some thoughts about how we might provide additional focus for the Garden of the Americas and reinforce that landscape development. The idea being you develop a walk through there with plant identification and seating areas. I have probably some different views of Chalks Airline than other people do. I think its a uniquely special thing for the city of Miami. I would love to see it stay if at all possible. The thought on the right illustrates a possible water to water connection instead of Chalks focus be strictly an international one, they might fly from here to West Palm, Tampa -St. Pete, and to the Keys as well and provide us with an alternate transportation system. Something I must say the last several monrings I have wished for as I have driven to Miami for other meetings. As the water quality improves, the potential for developing a beach on the northeast shore exists which would provide again, camping and picnic facilities associated both with the Japanese Garden and the Marine facility. Dr. Voss isn't going to give us a timetable on when that can happen but it is a positive thought and becomes a recommendation. The overpass in our judgment can be a very simple thing and quite a handsome thing. As I emphasize, it need not be developed immediately but we feel plans should be made for it ultimately. Because Mac Arthur Causeway is a very distinct visual barrier and also a sound generator, we would like to visually diminish its impact and sound impact. We have complicated circulation patterns and will have to have a well thought out system of graphics. This is, we know that the rapid transit route will follow essentially the route of Mac Arthur Causeway. Its conceivable that at some point in the future, if this became the sort of destination facility we envision it, that it might want to be considered as a possible stop for the transit line. This is an alternate on the circulation system where we came out and went under the existing bridge but that seems to be more complex than our existing proposal. This is a thought that ultimately there may be a series of boat connections. A boat tour might come up the Miami River, stop at Bayfront Park, on over to Watson Island, to Dodge Island, conceivably to the Beach so it might have a 2 hour dinner circuit. It might even be some local transport back and forth to the cruiseboats. Illustration of the varying categories of promenade. At some points they will want to be in the sun, at some points under trees. We are proposing again through Dr. Voss's recommendation that rip rap rather than vertical seawall be used pretty much throughout largely because it breaks up wave action from the boats and you also encourage the reoccurrence of marine growth and get this back to being the Biscayne Bay it was once. A further illustration of how that might handle wave action. You could accomodate a rip rap section to get aboard boats. This is another of Dr. Voss's particular recommendations, that a cut be made at the eastern end of Watson Island in order to permit the flushing action of that entire sector of Biscayne Bay which is currently now rather choked off and has to come all the way up through the intercoastal. This is an illustration of how that might be handled. Very simple, it need not be an elaborate facility. 45 JUN 2 81973 4 4 Mayor Ferre: Thank you, could we have the lights. Are there any questions? Mrs. Gordon: Mr. Stone, in the proposal as you said before for Bayfront Park, you had originally suggested a historical kind of development and now I see you are suggesting it again. Were you suggesting to abandon the first one? Mr. Stone : I have been ordered to abandon the first one. Mrs. Gordon: In regard to some kind of activities, Chalk like type of activities. It would seem to be that there is an extreme need within the City for some area in our park system where people can display the arts and crafts of their particular ethnic and cultural background because we are a city of a multitude of different kinds of people and I thought that rather than the historical theme for this development within that park that perhaps it would be even better to have a little Hungarian Shop, a Puerto Rican Shop, Columbian Shop, Mexican or what- ever, I think it would be the most interesting place to go to if we had these craft displays and art displays in that manner. World Art if you would call it. Mr. Stone: I think that the potential still exists within the context of a historical village. At Williamsburg and its done well without being hokey, they sell all sorts of arts and crafts that were certainly not indigenous to the 17th century so I think you could accomodate both ideas. I do think that the historical connotation is quite important here simple because we know so little of Miami's history. Most of us are by our own admission, strangers from other parts of the U.S. or overseas that have all come to what is now a metropolitan area so I think it would be a very educational and informative thing if it did have the historical connotation and we were still able to offer these arts and crafts for varying component parts of our population. Mrs. Gordon: As long as they were identified as being from these particular places, perhaps it could be done, another question - Mayor Ferre: Let me make a comment on this particular point about a historical village. I just had the good fortune of visiting for the first time in my life, colonial Williamsburg. It was really a great joy and one of the nicest experiences I have shared with my children and it was done with such good taste and meant so much to them in going to these buildings where Thomas Jefferson had gone to school etc. We of course do not have that historical implication but in other areas, like old San Juan where there has been some restoration, even in Key west, there is a wonderful feeling that permeates throughout the community and to the visitors. I think we should try somewhere in this community to capture. The other day we renamed a part of Coconut Grove Park, Peacock Park and we have the centennial celebration and there were several parties and functions and I was really very impressed to see some of the historical implications of this, houses, the way people live, the type of houses with balconies that were built. They were really quite attractive and I think there is some of that feeling left in Coconut Grove and I really think it would be a great asset to try to recreate some of that feeling somewhere on the waterfront of Miami like it originally happened because as we all know it originally happened, the original settlements in Miami were at the Miami River and we might be able to bring some of the early Miami, Key West, Coco- nut Grove type of feeling into the community without commercializing it, keeping it simple and in good taste and I think it might be something that might be a great asset to the citizens and visitors. I subscribe to what you are trying to do here. Mrs. Gordon: I have another question, may I mr. Mayor? That was with regard to the Chalk Airline. Mr. Reese, according to the way I understand it, they have squatters right and they are not paying the City of Miami anything for being on Watson Island at the present time. I am thinking now we are going to give them new facil- ities. Where do we stand in all this? Are we going to continue permitting this? I think its time to stop the giveaways really, I think its time to give the people parks and those that wish to operate on them, be under some kind of an appropriate lease arrangement. 46 JUN 28197 • Mr. Reese: The Chalk aviation people were on Watson Island before Watson Island belonged to the City of Miami.. When the State deeded it to the City, Chalk was already there under permission of the State. Over the years, no one has paid any attention to this until the last 2 years we have been endeavoring to do an awful lot of research and find out how they got there and then it was determined they were there solely by squatters and it was always my thought that they should def- initely pay a fee. When we run into the problem that the Supreme Court recently ruled on and that is that you can't have a landing fee or a takeoff fee because you interfere with interstate commerce and this would be very true as far as Chalk was concerned, this was one of the basic reluctance but if the City went ahead and was going to follow Mr. Stone's plan which 1 hope they do, for the development, we could then enter into a revenue contract with the Chalk Airline where it could be controlled, it could be serviced with the right type of facilities and it could function within this operation, but at the present time, the City has made sure that we supplied no facilities over there and also made sure we are not in the position of charging him so he has any claim on this squatters rights on that land because squatters rights on publically owned land is not a very strong right and I hope that if this plan is adopted, that we could work toward that and get this resolved and thereby, we would then be in a position to make a contribution as well as finance it. Mrs. Gordon: Mr. Stone, do you feel that this kind of activity is of great benefit to the island? Mr. tone: This is a subjective judgment. I happen to have flown Chalk a number of times. I am also an airplane freak but I think they add some life and animation. I think the logic of their ultimately being relocated to say Dodge Island is probably runs against. We have offered that as an alternate in the report and probably makes more sense. I just happen to like it personally. Mayor Ferre: You had this idea of water airplace communication to the Keys etc. I think, I would subscribe to that, I think its a great thought. I would however be against it being on Watson Island because I think the activity that the Chalk Airlines have there is not enough to bother anybody but if you increased it substantially, then you might really have a problem. This community really wouldn't be where it is if it hadn't been for Pan American establishing an airport right here where we're sitting, at Dinner Key, and in those days, they would fly these flying boats, or China Clippers and I remember as a young boy flying in here, that was 1939 and one of those Pan American planes landing right here and that's part of our history too and we wouldn't be where we are if it hadn't been for Pan American and this has now become a great aviation center and that was the beginning of it and I really think that these aquatic planes had a great deal of charm and I have had many many visitors to Miami comment as these things take off and its just recently incredible to have these little airplanes flying in and out, and they don't really cause any harm. I think we had a couple little accidents, I don't think ever a fatal accident that I know of in this area. I think if somehow we could incorporate it. We are not letting it grow in magnitude, I think it would be a nice thing to retain but I agree with Mrs. Gordon that if we are going to proceed on this, we have got to get Chalk on a paying basis somehow because I think its unfair to use public property and not pay for it. Mr. Stone: My support for both the airplane and historic village in whatever form. Mayor Ferre: Any other questions? Well then I will ask Mr. Reese to comment and then we will see if we can get a motion to accept the report and beyond that its up to the Commissioners as to what they want to do. Mr. Reese. Mr. Reese: Mr. Mayor and members of the Commission, I think Mr. Stone again has presented this Commission with a very imaginative and very practical development for Watson Island as he did for the city park and undoubtedly when the Commission was looking at this, the number 1 question going through their mind, if they do adopt it, how are they going to finance it? 47 JUN2819 I would suggest that the Marina area that is shown on this presentation, and a Marina Facility, that if it was thought about to be part and parcel. of the overall Watson Island, I am very sure that if we approached the individuals who service the water, especially the fuel oil companies, that we could talk in terms of industrial bonds being used for the development of that. Now that would afford them the opportunity to come in at a bond rate that would be very reasonable in order to finance this and to operate it, so it would set aside the City of Miami putting up money for any development of the Marina concept. Then, the other part pertaining to the Commercial Area, the Historical Village, there are companies throughout the United States that have developed these and have kept them in absolutely very good taste and kept it in the histor- ical concept. At the same time being in the position of running and operating a certain degree of commercial, again like Williamsburg, Jamestown is another place, where you have certain items that are for sale that tie in with the total theme of the project. In addition to that, there is an Amsterdam one that I have seen where they set aside in their construction, an area for the arts and crafts etc., part and parcel of the theme and constant craft showings going on. All of these things can be done and I think that we could follow the practice that we have had over the years and that is approach these on a competitive basis and get proposals whereby it would be private enterprise that would come in and develop this on a long term basis for the ammortization purposes. Now this'takes care of the two large elements of this Watson Island as far as cost is concerned and when these items were being developed, and in place, I am quite sure by that time the City would be in a position to add the other items and of course the crossover would have to be something that would be Florida Transpor- tation Department and local funds etc. to get that accomplished but I think with Mr. Stones report, this is step #3 and I think step #3 is down the road a bit so by the time you do get the population over there, that you would need this for going from one segment of Watson Island to the other, you would be in a position then of having this accomplished because or it might be part of the mass transportation system. It should be considered at that time. Briefly, this is what I have been thinking about. I haven't put a piece of paper and pencil on it, just a thought, of how this could be approached, to get the Watson Island accomplished and agvrn, we are not using ad valorum taxes for it. Mrs. Gordon: Mr. Mayor - Mayor Ferre; Mrs.Gordon, before I recognize you, I see that Mrs. Calhoun raised her hand. I would like to know are there any other members of the public that wish to be heard at this time? Mrs. Gordon: This is on Mr. Reese's comments and as an addendum to them. Mr. Reese, we spoke earlier la the day about getting the county to spend some of the bond money within the City. I can't think of any more logical areas for them to spend that money than in areas like this. This would be the solution for our financing problems and we will be paying for it as well as the other people who use it who live in the County. Mayor Ferre: In other words to supplement what Mr. Reese has said, to use county funds. Mrs. Gordon: As an addendum to it. Mayor Ferre: Well I think that is something you definitely ought to take up in this County -City committee. The chair recognizes Mrs. Calhoun this morning. Mrs. Calhoun: Thank you Mr. Mayor, Gloria Calhoun. I think Mr. Stone's plan is imaginative and exciting and artistically planned and shows tremendous variation of activity. However, there is one thing as I see it that's lacking and might be provided for and I would like to direct my question to Mr. Stone if I may. Mr. Stone, do you see any section in that park where a facility could be erected, a building or a shelter of some kind with supervised activities for children. Maybe a swimming pool because on both sides of that island, both on the mainland side, there is, and on the other side, the Miami Beach side, there are many areas of extreme congestion, children who are living in apartment areas where they don't have very much opp- 4E1 JUN 2 81973 ortunity because of our limited number of parks in some areas, for this recreation, particularly in the summer when school is out, and thee is a slum area which hopefully someday will be alleviated on the Miami side but right now those children have very little place to play and this would be a gorgeous area for them to come to and a very simple place to get them to by bus or whatever, and if we had some sort of arrangement for those children, where they could have activities and be supervised, and maybe even a swimming pool, I think it would encompass then every element of the community. Mrs. Gordon: That's wonderful Gloria. In fact the Mothers who work downtown might find that a marvelous place for a day care center for children in line with what you are saying, which is an after school care facility or on saturdays or sundays, I think that's marvelous. Mayor Ferre: All right Mr. Stone. Mr. Stone: I see no inconsistency in providing a swimming pool or controlled activities at all. Mayor Ferre: Unless we hear any objections then from any members of the Commission, please incorporate that - Mrs. Gordon: May I move it in the way of a motion? So that it will be official. Mayor Ferre: We have a motion by Commissioner Gordon. Is there a second? seconded by Commissioner Reboso, any further discussion? Call the roll please. Mr. Southern: Is that to include a Swimming Pool? Mrs. Gordon: A complete facility for housing the children including a swimming pool. A facility to hvause children for day care and a swimming pool which would be part of the parks development. The following resolution %as introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-487 A RESOLUTION REQUESTING MR. EDWARD D. STONE JR., F, ASSOCIATES ARCHITECTS, TO INCLUDE IN THEI1 PLAN FOR THE DEVELOPMENT OF WATSON ISLAND, A DAY CARE FACILITY FOR CHILDREN OF WORKING MOTHERS; SAID FACILITY TO INCLUDE A SWIMMING POOL (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre; NOES: None Mayor Ferre: Now is there a motion for the acceptance of this report as presented? Rev. Gibson: I'll move Mrs. Gordon: Second. Mayor Ferre: Motion F, second for the acceptance of the Watson Island Recreation Program, a working report, Edward D. Stone Jr. & Associates as presented this morning? Call the roll please. 49 JUN281973 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-488 A RESOLUTION ACCEPTING THE PLAN SUBMITTED THIS DATE BY EDWARD D. STONE JR., $ ASSOCIATES, ARCHITECTS, FOR THE DEVELOPMENT OF WATSON ISLAND (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mayor Ferre: Now I think we need a motion instructing the City Manager if this is the consensous of the City Commission, to proceed in working out the details of financing the proposed project and coming back to this Commission for further specific action with specific recommendations upon an area by area basis and furthermore, I think at an appropriate time, we should have a public hearing to finalize on the recommendations as outlined in this report. Mr. Reese: And a third recommendation authorizing me to pay Mr. Stone according to the contract. Mayor Ferre: Lets keep that in a separate motion. As I outlined it, do we have amotion? Mrs. Gordon: Second that. The'following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-489 A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY MAN- AGER TO PROCEED WITH THE DETERMINATION OF THE DETAILS OF FINANCING FOR THE PROPOSED DEVELOPMENT OF WATSON" ISLAND IN ACCORDANCE WITH THE PLAN SUBMITTED AND APP- ROVED BY THE COMMISSION THIS DATE BY EDWARD D. STONE JR., AND ASSOCIATES, ARCHITECTS, AND TO SUBMIT TO THE COMMISSION SPECIFIC RECOMMENDATIONS ON AN AREA BY AREA BASIS, AND THE APPROPRIATE TIME FOR A PUBLIC HEARING ON THIS MATTER AND FINAL ACTION TO BE TAKEN BY THE COMMISSION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 50 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-490 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO RENDER PAYMENT TO EDWARD D. STONE JR., AND ASSOCIATES, ARCHITECTS, FOR PREPARATION OF THE PLAN FOR DEVELOPMENT OF WATSON ISLAND SUBMITTED TO THE COMMISSION THIS DATE AND ACCEPTED BY RESOLUTION NO. 73-488 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mr. Stone: In Closing Mr. Mayor, I would just like to thank both my partner Dave Armbruster and Mary Anne Miller our colleague on it and also to acknowledge the assistance we were given by all the staff, most helpful cooperation by 411 the Staff here in the City of Miami. Mayor Ferre: Well on behalf of the City, I want to congratulate you for an excellent presentation for the dilligence, imagination that Mrs. Calhoun has mentioned. Thank you for being here and lets move ahead now. Mrs. Calhoun sometimes we don't agree on things but I want to recognize you publically here and say this community is very fortunate to have someone who is as concerned about open space and parks and ecology and the different matters that affect the beauty of this comm- unity -and thank you for your continued interest and participation. I am going to recognize Mrs. Gordon for a question. 16, PERSONAL APPEARANCE - CAPTAIN_ ALEXANDER Mayor Ferre announced the chair would recognize Captain Alexander at this time for a short statement. Mr. Alexander: Thank you Mr. Mayor and Commissioners, I, as you know am workirg in community events and we are working today in the Inter - American Month. The Inter -American Month will be the whole month of July. We have 33 events and one especially is my concern is to close 8th Street and make Folklore Festival. I am coming to you to see if I can have some help to supply an audio equipment and also some to present different presentation of different latin countries who are involved in this program. I don't know how much you can help us but I am coming to you Mr. Mayor to see if somebody can be appointed to see our needs and see how the City can help us. Mrs. Gordon: Mr. Reese, I would like to ask you. The kind of help that they are asking for is that they need some audio equipment to be put on 8th Street the night of the festival and do we have any such equipment that we could put out there for their needs? Mr. Reese: Well I can't answer that question because I don't know what their needs are and I don't know the area you are talking about. Mayor Ferre: Why don't you Mrs. Gordon: Well do we have any audio -- Mayor Ferre: Why don't you come and make an appointment with Mr. Reese to discuss these matters and then come back to the Commission later on 51 JUN2819 if you need any specific action on the matter. Mrs. Gordon: They don't have enough time. Mayor Ferre: This is going to be all through July and - Mr. Alexander: We are planning to have this facility by the 20th of July. Mrs. Gordon: Okay do we need a motion - Mr. Reese: Mr. Mayor, if there is anything the City can do, it doesn't warrant a city commission action if its anything that can be done admin- istratively. Mrs. Gordon: Wonderful, I think that's great because they need some help with some booths too, that's why I'm saying this. Mr. Reese: All that was mentioned was audio. Mrs. Gordon: We didn't finish. Mr. Alexander: We need audio, we need enough lights to illuminate the whole street and thats our problem. Mr. Reese: Some of the things I can answer now and even the Commission can't - Mayor Ferre: Its now 20 minutes to 1 and we have 2 more items before, I think its only fair we move ahead. B ill, I commend you to Mr. Reese and I am sure he will help you as much as he can. Mrs. Gordon: I have been waiting to move a motion. Mayor Ferre: The chair recognizes you for a motion.. Mrs. Gordon: It is to ask our Attorney to investigAte the proper, the legality, of what areas we have to move for assessing vessels that are tied up and being used for housing. Mayor Ferre: Why don't you write him a memorandum, you don't need a resolution. Mrs. Gordon: I need a resolution because I want to make this official and I want to have it carried to the County and possibly to the Legislature, if necessary because .I don't think on the local level, we can do it. Mayor Ferre: Write him a memorandum. Mrs. Gordon: Okay I'll bring it up after lunch. 17, PERSONAL APPEARANCE -MR. J. GUNN Mayor Ferre: You are representing the Baptist Minister's Council? The Community Rally Against Crime, would like a waiver of the bond' as recommended by the City Manager. Mr. Reese -- Mr. Gunn.wantsa waiver of the bond. Would you make a statement? Mr. Reese: Mr. Mayor and members of the Commission. I would recommend under no condition we rent this facility without this $1000 cash bond. Mayor Ferre: Have we ever waived this bond before? Mr. Reese: No Sir. Mayor Ferre: All right, Mr. Gunn. Mr. Gunn: Mr. Mayor, the type people we are trying to get into the stadium that day, we're not trying to get hard drug addicts or any of this type people. This concert is a religous concert and is good clean entertainment and all of our publicity has been to the churches of Dade Co. 52 JUN28197 We feel there is not going to be any damage done to the Stadium and at this time, I would like to make a reproposal to the effect that we would like to offer the City of Miami Parks Department 1900 tickets for the young people.to come and see this clean type show we are patting on in lieu of the bond , these tickets amount of $3,500. We have publicized in the paper that the young people can pick the tickets up. Mayor Ferre: We have heard the question and we have heard Mr. Reese's statement. Anybody have? I assume by your silence, you don't want to waive the $1000 bond require- ment. Mr. Reese: $1000 cash. We have got to have the cash to pay the employees. Mayor Ferre: We need a bond to that effect. Mr. Gunn: Mr. Ferre, the bond proposal was not to pay the, it stipulated in the letter for damage that would be done to the stadium. It said nothing about pay. I have a letter stating that $255 to pay the employees which we have that money to put up. Mayor Ferre: Mr. Reese? Mr. Reese: Mr. Mayor, this is prolonging a meeting. Now this has gone all the way through administratively and the $1,000 was arrived at for all the anticipated costs if we don't get paid and that's what its for. Mayor Ferre: Any further questions or comments from the City of Miami Commission? I assume from your silence that that means that you don't want to waive the $1,000, is that correct? In other words, you have to post $1,000 bond as I understand it. Is there anything else? Mr. Gunn .: If Mr. Reese will give us permission, •we can post a surety bond and give them the $1,000 out of the first people that come through the gate. Mayor Ferre: Is a surety bond acceptable? Mr. Reese: No Sir. MAYOR Ferre: No its not. All right. Mr. Reese: Then the burden is on the City to sue for it, to get it back. Mayor Ferre: We have heard enough of this. I think the situation is very clear to everyone. Is there any further comments on this request? LUNCH RECESS: The City Commission entered into recess at 12:45 P.M. to 1:30 P.M. for Lunch. The City Commission reconvened at 2:00 P.M. with all members present. 18, PERSONAL APPEARANCE - CAPTAIN YOUNG RE; RETIREMENT BENEFITS Mayor Ferre: We will recognize you for a brief statement.' Capt. Young: It will be brief because there is not much to say. This ordinance which you have before you which we are asking you to pass today was the same one that was passed February:'17, 1972 with the exception that this time, we are asking for half as much so that should be no problem. Mayor Ferre: Captain Young, in the interest of time, I think we all JUN 2819731 Mayor Ferre: This matter here which would be a 1% increase for all people, I% for each year since retirement. Total cost of this would be $197,000 and we have discussed this and gone back and forth. Thisordinance what it does in effect, it instructs the City Manager to include this in the budget for the coming year and as I remember, Mr. Reese, didn't we already pass this? Mr. Reese: You passed something for, to be looked in and see if we could finance it in the budget, not with the definite decision that it would be in the budget. At this particular point, I would strongly recommend that you look at the total budget and then determine how much you can allocate for this purpose. Mrs. Gordon: for a number wht they are them because Well I personally feel like those people who have retired of years, I don't knew how they are surviving today on receiving and if they are dependent on that, heaven help its impossible. I think I will move this. Mayor Ferre: We have a motion on the floor. Rev. Gibson: Before we move it, Mr. Reese, can't you tell us whether or not this money can be had? Mr. Reese: I can't answer that about the position on the budget. We are having some funding problems and I don't know what you are going to do as far as revenue sharing, this Commission because some of those programs that I had proposed we could fund through revenue sharing, that would release some money our of our regular tax funds, so I plead with you a.t this particular date because I even question and if the City Attorney was here, he could answer the question. If you can modify an appropriation ordinance before its even adopted, and that's.what you are endeavoring to do. Mayor Ferre: Well I think what we can do is rather than pass this resolution, as such is to state that we would like to have Mr. Reese include this in the budget. That we can do. Mr, Reese: Mrs. Gordon: Mrs. Reese: thiswas. Definitely. That's what we are doing. Now Mrs. Gordon, that's not what was explained here of what Mayor Ferre: Lets see if we can reiterate the motion. The motion is tht this Commission goes on record and tells the City Manager at budget time, to put $197,000 in the budget for the purpose of raising the pension 1% of each year retired. Mrs. Gordon: Rev. Gibson: Mayor Ferre: I moved that. All right, I second. Any further discussion? If not, please call the roll. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-491 A RESOLUTI ON REQUESTING THE CITY MANAGER, AT THE TIME HE SUBMITS TO THE COMMISSION HIS PROPOSED BUDGET FOR THE FISCAL YEAR 1973-74, TO INCLUDE THEREIN THE APPROXIMATE AMOUNT OF $197,000.00 TO PROVIDE FOR AN INCREASE IN THE PENSIONS OF EMPLOYEES ALREADY RETIRED FROM THE CITY IN AN `,MOUNT OF 1% FOR EACH YEAR SUCH EMPLOYEE HAS BEEN RETIRED 54 JUN 28197 (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 Maror Ferre. NOES: None 19, REIMBURSE VICE -MAYOR FOR ATTENDING BAHAMAS INDEPENDENCE CELEBRATION Mr. Plummer: I think it would only be appropo, since Father Gibson will be going to the Independence Celebration in Nassau, as the official representative of the City of Miami, I think it is only fitting that his expenses be paid to attend that celebration as the representative of the City and I will so move at this time that the City reimburse Father Gibson for expenses incurred to be the city's representative at the Independence Celebration. Mrs. Gordon: Second. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-492 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO REIMBURSE VICE -MAYOR REVEREND THEODORE GIBSON FOR HIS.ATTENDANCE AS THE CITY'S REPRESEN- TATIVE TO THE JULY 12, 1973 INDEPENDENCE CELEBRATION OF THE BAHAMAS TO BE HELD IN NASSAU (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 and Mayor Ferre. ,ABSTAINING: Reverend Gibson. NOES: None 21 PREPARE SUITABLE PROCLAFIATION FOR BAHAMAS INDEPENDENCE Mayor Ferre: On the subject of the independence of the Bahamas on the loth of July. Rev. Gibson: Mr. Mayor, everyone knows the Bahama Government is very near certainly distance wise to us and any number of people have roots in the Bahamas, I would consider.it as a privelege and pleasure as a matter of fact to have the Commission pass an appropriate resolution for the occasion and in the meantime I want to thank the Commission for asking me to represent the City on this occasion. Mr. Plummer: Father, not only a resolution but something in the form of a Proclamation which you could present at the time of the ceremony. If you move that, I will be glad to second it. Rev. Gibson: I move that Sir. The following resolution was introduced by Reverend Gibson who moved its adoption: 55 RESOLUTION N0. 73-493 A RESOLUTION AUTHORIZING AND DIRECTING THE PROPER OFFICIALS OF THE CITY OF MIAMI TO CAUSE TO BE PREPARED A SUITABLE PROCLAMATION TO BE PRESENTED BY VICE -MAYOR REVEREND THEODORE GIBSON AT THE JULY 12, 1973, INDEPENDENCE CELEBRATION OF THE BAHAMAS IN NASSAU (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None a • 21. PLANNING AND ZONING PROCEDURES -PROPOSED: Mayor Ferre: At the last discussion' of a memorandum from Mr. Reese. Mr. Reese, you and photographs for the Planning and Zoning there any other comments you wish to add to made the other day? this, we had had some comments proposal, Are the ones you Mr. Reese: There is one more that I' d like to add, and in this proposal, the language is, they want to create a department. I wanted to ask this of the City Attorney really, isn't there a definite ordinance and so on,that has to be created, to be adopted to create a department, after the finding has been made, and not use the proposed zoning ordinance as a vehicle to create a department? Mr. Harris Turner, Asst City Attorney:The authority to create these departments are in the Charter, a new Charter amendment. Mr. Reese: Well, there is language within our Charter of how a department is created, and this is what I'm saying, shouldn't it be a separate ordinance that creates a particular department? If theCommission can create departments, then can also dissolve , but I wanted to take it out of the Zoning ordinance and have it as a separate ordinance. Mr. Plummer; while he is looking that up, Dr. Bartley, Mr. Mayor, through you, if I may, Mayor Ferre: Yes, go ahead. Mr. Plummer: Dr. Bartley, I would like for you to speak to that particular point that Mr. Reese has raised, but in a different light. As you know, and we are getting to the meat of this, hopefully we are, and I am not casting any aspersions either way, but Mr. Simpson and his office functions very well, and for a long period of time, now would you speak to the point as to why you feel that this process that'has been used for so many years should now become a department under the City Manager and what advantages you feel would be derived from it. Dr. Bartley: I think I can speak to that fairly briefly, so far as Mr. Reese's statement is concerned I think he is undoubtedly correct. I have pointed out in connection with a variety of correspondence, memos and etc. were submitted, a particular section dealing with the establishment of the department should be pulled out and made a separate ordinance and, established, I believe Mr. Reese, as a part of Chapter 2 of your Code, which establishes department, so there is no, --- all I was trying to do in the presentation of this draft was to bring together in one place a total picture. There are a number of sections out of this which will have to go back into other ordinances, or other parts of the Code. Speaking directly to Mr. Simpson's office, let me say that my rather cursory obser- vations down through the years of that office accords completely with the statement made about the efficiency of that operation. The problem, Mr. Plummer, is a bit of a legal problem 6/28/73 5'i because under the old Charter section the appointment of the Secretary of the Planning and Zoning Board was made by the Board itself. If under this proposal you have two Boards. You get yourself into a bit of a dilemma as to how Mr. Simpson's office should be continued. Several different proposals were made but it was my thinking I assume the responsibility for it. It was my thinking that probably the most convenient arrange ment was to create it as a department of City government. There is and I want to state this in the strongest terms, so far as I am concerned there is no intent at all to make of Mr. Simpson's office under this proposal anything but what it is now. It is not a policy making office at the present time. It is an admin- istrative office in charge of scheduling hearings and taking all of that very great procedural 'responsibility and under this proposal certainly that is the intent of it. I am with you 100% on what you have said about that office. The problem is, your present set-up you see, is appointed by the Planning and Zoning Board, and if you have two Boards then who takes that function you see, and it seems the creation of the department of hearing administration, or whatever type you may choose to call it, seem to be the most convenient mechan- ism. But Mr. Reese is right, and I have so indicated Mr. Reese that there are a number of section of this that need to be pulled out and that material on that separate department would have to be pulled out and made a separate part of Chapter 2 of the Code, were it to be adopted. I believe it is Chapter 2 that sets up the City Departments. Mr. Plummer: Dr. Bartley, I think of the initial presentation of this, even though it was not included in your scope of declaration, I asked you to look into the schedule of fees and give us a recommendation. Have you been able to do such? Dr. Bartley:Not to this point. I assure you that I will. The establishment of fees of course would be another one of these separate things I am talking about. Mr. Plummer: A final remark I have right now, do we have your assurance that you will be here for the public hearings in July 12 and 26. 12th Dr. Bartley: That is correct. Yes, I have, Mayor Ferre: Excuse me, we have a public nearing on the Mr. Plummer: And the 26th, Mayor Ferre: As I remember, we were going to have the last public hearing in September, ----we were going to have first readings on the 26th? Mr. Plummer: Would you like if I refresh your memory? Mayor Ferre: Yes, ---- Mr. Plummer: The first public hearing is on July 12th,--- July 26 is another public hearing and 1st reading, the final adoption on September 13 for the second and final reading. Dr. Bartley: That is the schedule I have. 6/28/73 58 Mr. Plummer: Not only was it a thought that giving the month of August when people would be out of town, those people the opportunity to appear at the lst meeting of September, it would also give Dr. Bartley after the two public hearings any re=drafting he would have to do. Mayor Ferre: Now, any comment? If not, let's take up here. other questions on Mr. Reese's the City Attorney's recommendations Mr. Plummer: Mr. Mayor, not that we have to be so brief. but I don't think we have to take these up, it'sjust a matter of legality that the City Atty's office and Dr. Bartley will have to thrash out as to form and legality and I don't think it pertains to this Commission. Mayor Ferre: The purpose of this meeting, and we have another two hours, ---- Mr. Plummer: -- --for example, do you know what Article III, Sec. 3 Mayor Ferre: That is a very good question. that is exactly what we are going to go through. Mr. Plummer: Well, but he asked now, pertains to your memo, is it necessary for us to go through this, or between you and Dr. Bartley you can thrash out the legalities. Mr. Turner: Most of these things can be thrashed out with Dr. Bartley, ---there are several things here the City Atty has ruled on that eliminates several choices of the Commission. Mr. Plummer: Well, this is what you hopefully will do with Dr. Bartley before we come to public hearings. this. Mr. Turner: That is correct. Mr. Plummer: Mr. Mayor, I can't see us going through Mayor Ferre: How long have you had this memorandum. DR. Bartley: I got memorandum this morning. I haven't had the opportunity to look it over. Mayor Ferre:I don't know if he had it last night, or had time to read it this morning, or just got it a half hour ago. Dr. Bartley: I have read it. There is really very little in here that would seem to relates directly to Commission policy. The first item for example is merely a matter of the physical organization of the ordinance, there are a couple of legal matters which of course I bow so far as the law department is concerned. Possibly so far as this board is concerned the most serious matter which is raised, as far as I am concerned, in the memorandum of the Law Dept. on page 4, this is a policy matter, it goes to the heart of the whole business of how this Commission shall proceed 6/28/73 59 in the matter of appointing members, of the Hoard, it is the one place in the ordinance where I have given an alternate section, the first alternate here which proposed the establish- ment of some kind of nominating committee, your City Atty has stated on page 4 of his memorandum that this procedure is in my opinion an unlawful delegation of power because it delegates the initial selection of the replacement members to persons other than the City Commission. I raised this point in the work session with the Citizens Committee. The Citizens Com, mittee felt quite strongly about this approach. That is the reason why you have before you, in the method of choosing menbers of these boards, the two alternate proceedures. In effect your City Atty is saying that he thinks the first alternate is an un-lawful delegation of power. Now that is a policy matter and perhaps you might wish to address yourself to that, but most of this other stuff, Mr. Roth- stein and I can sit down, and members of his staff can work this out with no problem. I think that is a fair statement isn't it? Mayor Ferre: Since it has come that point, then perhaps what we might do now, is what I attempted to do before and that is take up this draft dated 25th of May and go through it, perhaps not line by line but page by page or article by article, and then when we come up to this article, we can vote on all these items as they come up. Mr. Plummer: What you going to vote on before the public hearing? Mayor Ferre: As you remember, the procedure that we established for this, was that we were going to have two working sessions of this Commission, to go over this document and hopefully take a stand, this Commission take a stand, on what we will propose before the public hearing. At the public hearing, then what we have decided would be discussed and then hopefully voted upon at first reading. Mrs. Gordon: I think that is correct. Mayor Ferre: I think is time we start voting, start going through this thing article by article and saying we accept or amend it, and then vote on that article. Then we go on to article II, Sec. 2, Sec. 3, right on down the line and then we vote a final document hopefully by the end of today or this work session. Mr. Plummer: Then what I understand you to say is, that we will come to some kind of conclusion hopefully by this afternoon of what will be presented at the public hearing. Mayor Ferre: Correct. And that is subject to amendment at that time, after the public hearing. And at that point we will vote on a final document, ---first hearing and then we have a final public hearing which will be the final document. O.K.? Now, so then take up Sec. 1. Purpose and intent. Now rather than take the time of everybody to read this over again we will take a few minutes for everyone to refresh their memory and see whether or not there are any changes from the part of the City Commission, from the part of the administration or the City Attorney's office, the City Attorney, to any changes in section 1 Purpose and Intent. 6/28/73 60 Dr. Bartley: It will help Mr. Mayor, I will keep the report of the City Manager, the report of the present Planning and Zoning Board and the report of the City Attorney in front of me. There are no comment from any of those three agencies on Section 1. Mr. Plummer& Dr. Bartley, line 24 in parenthesis 8, my only thought here, are you going a little bit too far in the scope of a comprehensive planning when you state 'conservation, rehabilitation or replacement of housing, now you are not inferring there in any way that the planning, whatever the new boards will be called, that they will under- take the responsibility of replacement of housing. Dr. Bartley: No, sir, but in your planning programs at the present time, these three terms are used, ---you have in various studies made by your Planning Dept. studies of housing, recommendations on various areas of the City where housing should either be conserved, rehabilitated or where some thought should be given to the replacement. These are the three terms which are used under the federal grants, for planning, ---it is required in order.to get that federal money for planning purposes that you must have a housing element in your comprehensive plan and these are the three terms which have been used down throught years which are used at the present time. City Atty. Rothstein: I think what Commissioner Plummer is saying is that would do any harm to have a prefix, those three words to the effect that it be planning'for'as opposed to just using three words, so there can be no question that this doesn't undertake to put the City into construction, rehabilitation, etc. Mr. Plummer: ----inserting of the word Planning'for;---- no other commissioners have objections, I just think it'stoo broad a term, ---in parenthesis 8 would read --Planning for conservation, rehabilitation or replacement of housing. Mayor Ferre: You are saying you are going to strike those? Mr. Plummer: ----add the word planning for, ---preface 8 by the words Planning for, ---- Mayor Ferre: Is that not covered in lines 14 to 16? That is kind of like a preface to it, --it says a continuing comprehensive planning program and comprehensive plans that may be adopted, may include but are not to be deemed as limited to principles and policies to be followed in conservation, re- habilitation and replacement of housing. Doesn't that cover it? Dr. Bartley: I think it probably does, Mayor Ferre, but I think because of the political and psychological context, housing programs, it may be well to follow Mr. Plummer's suggestion. Mayor Ferre: Then the motion as I understand it, --- Mr. Plummer: It is not a motion, ---I'd rather see, if we are going to adopt this, I would rather see that we put the in -put here, and if no one has any objections, if they would make them at such time, I think that would be much quicker route. 61 6/28/73 Mayor Ferre: I know, Mr. Plummer, but I think we should really do this in a simple legislative way,y►----thib is a legislative body and I think we have a document before us, and the way you do it is, if you want to amend the document you make a motion to amend it and we vote on it, and vote on the document as we go along. Mr. Plummer: I make a motion that the word Planning'for' be added to Sec. 8. Mayor Ferre: Before conservation and the word Planning for. That's the motion, is there a second, there'a second by Fr. Gibson, can we have voice calls, Mr. City Atty? Mr. Rothstein: Yes. Mayor Ferre: Those in favor say Aye, opposed? Carried unanimously. Mr. Plummer: If no one else has objection, I'll move for the adoption of Article I, Section 1. Mayor Ferre: We have a motion for the adoption of Article I, Sec. 1 Comprehensive Planning, Purpose and Intent. Is there a second? Mrs. C-c: don : Second. Article I, Sec. 1 was passed and adopted by a unanimous vote of the Commission. Mayor Ferre: Now take up Sec. 2. Dr. Bartley:There are no comments from any of the agencies on this Mayor Ferre. Mayor Ferre: Sec. 2, Boards Generally, ---- Mr. Acton: Mr. Mayor, there is an amendment to Sec. 2, as contained in Mr. Reese's memo to the Commission, Mr. Reese's memo states that the Planning Board should be, the name of Planning Board should be changed to Planning Advisory Board to clearly denote their function within the City framework. Mayor Ferre: Is there a motion to add the word 'advisory' between Planning and Board in line 17 and 18? After motion and seconded, the Commission unanimously adopted the amended version of Sec. 2. Dr. Bartley: Mayor Ferre, Mr. Silverman has brought up a point which would deal with both Sec. 2 and 3. Mayor Ferre: Mr. Silverman, I see you and other members of the Planning and Zoning Board, are there any suggestions or thoughts now, this is a working session, so speak up. Dr. Bartley: Perhaps I should let Mr. Silverman state it, as I am sure the members of the Commission are aware, the whole issue of whether or not there should be one or two boards, is basic to the entire document. 6/28/73 62 Mayor Ferre: I think we ought to vote on that. Dr. Bartley, ---and I would suggest that Mr. Silverman who was present at the meeting of your Planning and Zoning Board might wish to present the issue in the context of that Board, but I think this is fundemental,--- Mayor Ferre: This is the appropriate time to do this so the Chair will Mr. Mr. Silverman: Mr. Mayor, perhaps .1 shouldn't be the one because our Board voted 6 to 2 to have one board and I was one of the two. I was in the minority so, frankly I think the draft as far as the two Boards are concerned is sufficient, is adequate and we should have two boards, that is my own personal opinion. The majority of the board felt that one board would be better as we have now and I am probably not the one to present the board's view point because I didn't agree with the board, but I will be happy to answer any question you have, perhaps maybe Dave might be in a better position. We have other members of the board here who might want to speak. In my opinion I think the two boards are good. Mayor Ferre: Are there any other members of the Board who want to address themselves to that specific point. Mr. Simpson: Mr. Mayor, I think4tei 1 the Commission, there was an addition2.1 point that Mr. Silverman did not cover. It was the feeling when the majority of the Board voted to retain a one board set-up, they also expressed their willingness to sit additional meetings or daytime meetings, committee meetings, to follow whatever program is presented to them in a way of a comprehensive planning program or reports from the Planning Dept. This was discussed at the board level. Mayor Ferre: Rev. Johnson, the chair recognizes you. Rev. Johnson: Thank you Mr. Mayor, it was the feeling of the Board generally that the splitting of the function of the board would not, in my estimation, be a solution of the problem. We felt that to give the planning staff itself fo personnel, to do more planning for the present board and i.n addition to whatever meeting we would be called upon to attend to verify, ratify or discuss where we will develop, --- we felt that instead of creating a second board, you need to give the Planning Department more workers to work with them, because leaving that department as it is, and splitting a board to listen to what they can't do in the first place would not solve the problem. and this was the feeling of the majority of the Board members, leave the present board as it is, and if necessary for us to have more meetings, to decide on the planning presented to us, we would be willing to go along with that. We did not feel that splitting the board and leaving the present planning staff at its present level numerically would solve the problem. Thank you. Mayor Ferre: Are there any other comments? I'd like to state my opinion. I think that anybody could intelligently and logically argur both sides of this question, and I think there is merit to both sides. I think that Planning Ioea hand in hand with zoning. I also think you can argue that we 6/2S/73 7 63 • . need to have a board that will be thinking just,of the planning aspect of it, and the application of it is some- thing separate. I think that the argument that you are not in any way, going to supplant the work that needs to be done by the professional people, planners. There's no question about that, that is paramount and important and finally I think there is no question that there is no way in which the City Commission can delegate the authority the Charter gives it, and therefore the final decision has to be in the hands of the City of Miami Com- mission, and as a conclusion therefore, I really think the difference is between saying a half a dozen and six. I don't see that there is much difference as to how you approach it because the end result is going to be the same, and the end result is the City of Miami Commission is going to have to pass on these matters of planning and. zoning. So these are just preliminaries and as I stated before, no plan is any better than the people who serve on it. If the people are good, and they are good on the planning and zoning board now, they are going to be just as good if you split it, or just as bad. That is my opinion, but since this seems to be the consensus, and I don't have any strong objections against it,and I think in a way I lean toward a planning advisory board because, especially if it is classified as an advisory board, then I am for it. Rev. Gibson: Let me ask, whas is the difference between an advisory board today than the planning board now. Isn't it a matter of terminology , the final power rests with, whether you call yourself a planning advisory board or zoning board, I am interested in what the present board would say. I want to hear that because they must work with the product, they have had to work with the product. It is important for me, and I only wish more people of the Planning and Zoning Board were'here. Mr. Silverman:Fr. Gibson, the basis for the two boards rather than the one board is that the one board has not had time to do any planning. One board has been a zoning board and not a planning and zoning. The one board considers zoning, very little planning is done, that is how the task force arrived at the two boards and how I believe Dr. Bartley arrived at the two boards. You could still have one board to do both, to do it adequately, the board would have to meet I would say one night a week. Presently the board is meeting twice a month, one night every other week, You would have to double up the amount of work. The reason the board isn't doing any planning is not only that the board doesn't have time. The major reason is that the staff, ---the planning department staff is not adequate. The board is basically an advisory board to the staff and to the Commission. The staff is the one that does the in -put, the legwork and is not adequately staffed , and that is the basic problem that is why I think the Planning and Zoning Board members, the majority felt that one board is sufficient, is because the staff cannot do the job at the present time so why set up more machinery, more people, more work if the staff can't handle it. You ought to set up the staff first and then set up the two boards. I don't feel that way. I think if you set up the two boards, implement the staff at the same time. That is the argument. Rev. Gibson: Let me ask this ----what assurance do I have if I have two boards and don't increase that staff, that I 'm 64 6/28/73 • 1 not going to get the same shellacing then Chat t'm getting now. Now, if that be the case, then the root of the problem ought to be, get more professional help. It seems to ne,I just raise a question with the Mayor. I don't see how you could separate planning from zoning, because the right hand must know what the left hand does. It seems to me, you can't plan without a consciousness of zoning, and zoning without a consciousness of planning. One of the things that disgusts me in this community right now is, that the County has one set of guide lines, Coral Gables got another set, N. Miami has another set of guidelines, you know what I mean, one kind of zoning to them means one thing and to us another thing. So I am saying, maybe, the two boards are not the answer unless we are going to have the two boards and have the increased staff. Now, it might well be, the increased staff may be the punch line and avoid the dangers of tomorrow otherwise we will have two boards fighting each other. That''s the danger. I'm not sold on either one right now. Mr. Silverman: I don't believe that the two boards will fight each other. The way the draft was presented they have their own areas. Of course they have to have communication but the basic decision this Commission has to make is whether you are going to increase the staff because if you are not going to increase the staff, the rest is just a big organizational chart that will have absolutely no effect only increase the cost of City government with no benefits. If this Commission is not ready to increase the staff•of the Planning Dept. there is no sense in going ahead with the two boards. system. Mrs. Gordon: Gerald, last week at the discussion about revenue sharing, $391,000. was discussed for the preperation of a comprehensive plan and for hiring a staff etc. to implement it. Mr. Reese: Mrs. Gordon, that recommendation was to employ outside consultants, at lease three outside consultant firms to come in and make a comprehensive plan for the City of Miami then from that point on the staff would be in a position to keep up with it. Mrs. Gordon: Thank you for the clarification Mr. Reese, but it still means the same thing. There will be additional help available for the planning board's needs. Unidentified Person: I don't read it that way. Mr. Silverman: You are going to need both, need more man power in the department. Rev. Gibson: No, no, that isn't what she is saying. Mayor Ferre: I don't mean to belabor the point but I think there is a very important distinction, where Mr. Reese said that this is money for a one-shot deal which is hired outside consultant to come in give us a planned recommendation, Mr. Plummer: --such as the one they are doing presently on the downtown. Mayor Ferre: And after that, they are gone. That doens't negate what Mrs. Gordon said, or what Mr. Silverman said, and that is, there is no use going into a true planned board unless 6/28/73 65 we have under the planning and advisory board the staff that goes along with it. otherwise its just a lot of talk and a lot of words. Rev. Gibson: Mr. Mayor, I want to offer, Mr. Plummer: Before you offer, let me ask Dr. Bartley, Dr. Bartley so I don't have.to go reading, how many people do you propose under this draft on the new Planning Advisory Board? Dr. Bartley: Each of the Boards that 'the draft presently has set out would have seven people and two alternate members. Mr. Plummer: What about compensation? Dr. Bartley: The compensation, I have general language in here on compensation, the actual amount of payment, let me see if I can find, the actual amount of payment has not be, ---on page 34 Mr. Plummer, starting line 7, I simply have the broad outline of the formula, which has been suggested, they shall receive remuneration of per mo. provided that $ shall be subtracted from such sum for each special meeting which the member -alternate is not in attendance. You are really on that part of it I think talking about relative small amounts of money. I have some comments to make about these principles but I would suggest that Rev. Johnson, Mr. Silverman and the other members of the board should have their opportunity before I comment to the points that are raised. Mayor Ferre: Rev. Johnson? Rev. Johnson: While on the business of our planning we are saying you need two boards, one for planning and one for zoning and I'm a late comer on the board, but it seems to me you are inferring that the present board would not or did not, had not the ability to plan, and I'm wondering if we have had a fair chance, was there ever any planning submitted to us. I think the whole work we have been assigned has been implemented to the best of our ability and we gain knowledge as we sit on the board as some,Fyou very well know. So to say we need a separate board to do planning and zoning when the present board has not been given a chance, with extra meetings if necessary then I think you have not fully exploited, are going to throw away with the present board, and this is one of the reasons why we said that it would be better to leave the present board and if you check our recommendation you will find that in some areas where you did go with some of the suggestions that a lot of the room additions and changing the front door on a house, and all that kind of thing, would rest with this board instead of going to the City Commission. But we felt that this board should be fully given a chance with added staff on the Planning Board to do what and we felt everything you are asking for in this new document could come forth with additional staff with the planning board and additional with us, and professional guidance and help ::hat they could give us, and this is the of the majority. Mrs.McGraner back there will verify what I am saying. Mayor Ferre: Mrs. McGraner if you will walk up we will hear from you at this time. Mrs. McGraner: I verify every word the Reverend has just told you. I was opposed to the two board in the beginning. 6/28/73 I see no reason why. to begin with, it is a lot of money that's been spent when you could have had, but this is water over the dam, theresbeen a lot of money spent for this regular set up when it should have been put to better advantage, as I do not personally and the majority of our board thought it was of no use whatever, and I verify everything that Rev. Johnson has said. You should have the opportunity of having planning on our board which we did not have. Mr. Plummer: Dr. Bartley if in fact $390,000. is going to be allocated by this Commission for a master plan of planning, really wouldn't that board kinda sit idle for a period of year, I'm sure this period would be at least a year. Dr. Bartley: I would hope not Mr. Plumer. Let me say that my association with the City here which runs back over several years in a variety of capacities has led me for some time to suggest, I think I suggested it to you Mr. Plummer, I recall having suggested it to Rev. Gibson, and Mrs. Gordon that the present planning dept. does need, as a matter of permanence additional professional staff. Now there are a number of these planning items which will be coming to you in interim period, you had I believe such an item this morning, I saw something in the Planning office when I was down here a couple a weeks ago, something about the possibility of a little park in some area downtown. This kind of thing, and this is a very small example, Mr. Plummer, this kind of thingshould be fermenting constantly during the period of the year or two or whatever time 'it takes for outside consultants to come in and help. I would say this, this is personal opinion, i€sto be separated from anything that Ive said here in regard to this draft. As a consultant, I do not have quite so much faith in consultants as perhaps some cities have, I am a very firm believer in cities staffing themselves to the point where consultants will be needed only for specific kinds of technical processes, I think you ought to be doing as much of your planning as possible in-house. I believe that there are large elements of a city comprehensive plan for Miami which can be performed in-house if the house is adequately staffed. Outside consultants can help on certain technical aspects of programs. It may sound like I'm biting the hand that feeds me, I'm not, I don't have to worry about work, but quite seriously, I'm sure you've had these conversations with M. Acton, quite seriously I think the idea their $390,000. or whatever the figure is, is going to be used to have some consultant to give you a comprehensive plan. It is not going to result in the type of comprehensive plan that the City of Miami needs. A consultant who gives you the plan usually ends up giving his because the comprehensive planning program. its viability depends upon the active partici- pation of the citizenry that's involved and very frequently this is obtained with people working in-house who are a part of the Miami community who live..bere, who work here, who make their living here, and use the consultants for highly technical phases of it. That is very personal opinion Mr. Plummer, but I think it is in line with the question you asked. Mr. Rothstein: Mr. Plummer, I concur with Dr. Bartley, because one of the problems in a comprehensive plan is that 6/28/73 ,i 67 as the professor says, when it comes out from an outside force there is a tendency for everybody to say 'this is it, and you've got it, and now we don't have to think anymore about planning when day by day in your meetings you are suddenly seeing problems in your applications and your zoning, and your citizens coming up pointing needs in the community, which would make you want to be always looking at that master plan with an idea of acceptability as opposed to a static situation, so that the net effect is if augment your staff, and implement your staff and increase your staff, with them having the knowledge that they've got to be sensitive to the public policy at it may develop or change toward the plan of the Comtr'.sion, you are better off than time period by time period gvtng to comprehensive plan and going to another comprhensive plan as such but you have to have an up-to-date starting point which is why the comprehensive planning program talked about last week by Mr. Reese is a good one. But you've got to keep in mind that your staff itself must be augmented to keep it fluid and keep the City alive. Mr. Plummer: That's all well and good but this Commission allocated some four new positions if I am not mistaken in the Planning Department in the last budget. The last time that someone raised the question how many of the four had been hired , I think the answer was two,one. The next question was why didn't you get the other three, the answer was we have advertised and we can't get them. Am I mistaken. Mr. Acton: There are two that are committed. As a matter of fact it is very difficult to find right now highly qualified senior planners. planners in the Planner III level. This indivi- dual is coming on board July 9. The other positions will be filled in the end of August, so we will have the three positions filled but you are quite right in that it does take an inord- inate length of time to seek out highly qualified planners to augment the staff. It has taken almost a year. to fill these positions. Mr..Plummer: You are right. It makes me go Dr. Bartley back into a little bit deeper into what he has just said to do it in-house. Now if we provided some 10 months or 9 ago the monies for these jobs to be filled for for people, you've got one. the bird in hand, you got one in house,you got two that are committed, to me until they get here and behind that desk, they are not here, and you haven't even spoken to the board. If you are talking doing a $390,000. plan in. -house where in God's name are you going to get the people? You can provide money and you can do this and that., but when you go to a company which specializes in something like this, and Dr. Bartley you haven't been sitting here when this Commission has caught holy hell because we have to tell the people we are sorry the plan is not finished. And Mr. Acton has to get up here and I'm sorry, we are over- burdened, we can't take on this new responsibility, we can 't give you an answer in 30 days, we have to give it to you in 120 days, so you know it is beautiful to dream, and to think you can go out tomorrow morning and sign up all the in-house you want, but from my observation, they 'ain't' there in the form of individual employment. They are in the form of consultants and groups, so these are the things I think you've got to be very teary of. If you are talking about a $390,000. plan I can foresee about 12 new people . I 66 6/28/73 Mayor Ferrel Well, look; that's not something that we are going to solve today; and I happen to be in complete agreement with what you said, and I am also in agreement with the fact that we have to have a day-by-day, nitty-gritty, every -day input citizenry type of planning on a continuous basis, and we need staff to do that, professional staff; and there are a lot of things that ought to be looked into. That does not in any way negate the fact that we need a professional over-all,overview look at an over-all plan, in which I am sure our own staff is going to have an awful lot of input participation, because that's the only way we are going to get it. Now, I'll recognize you, Mr. Pancoast. Mr. Lester Pancoast: I am dying to say some of the things that have already been said, which I won't, but I would like to say that the job has gotten bigger than most of us rea- lize, as the City has gotten more complex. I think that the word, masterplan, is a bad word; that master is a word we ought to cross out and use comprehensive instead. But I'll join Professor Bartley very rapidly when he says that there is a great deal of communication that has to go on among informed citizens in that comprehensive plan as it is done. It may be that this planning board is more active during the comprehensive plan preparation than it is later, but certainly it won't die into nothing, because the plan has to be carried out and altered, and changed, and made current constantly. That's where master gets us into trouble. We have some monumental plans in the pest that have died because they were considered static. I think that a planning board would be more apt to come before the Commission and appeal for extra consultants for better in-house staff if it felt that it needed them. I, frankly, have been disappointed that the Planning Board over the years hasn't made this a stronger point to the commissions at hand, but they have not, and they have not because they have been thoroughly inundated, in my mind, with their available time, in zoning, which gets us back to the point at hand; that if we had two separate bodies --I am not even afraid to come out and say that I think they should even be staffed by rather different kinds of people sometimes. One kind of person is more adjusted mentally to looking at the macro -climate, and the other one is more adjusted to looking at the micro -climate. These differences are recognized among professionals, and I don't see why they shouldn't be recognized among citizen participants on these two boards. I am very strongly in favor of the two boards for these reasons. Mr. Ralph Aaron: This isn't a public hearing, but I feel that I represent a minority position on what was a committee attempting to come up with a solution for the planning and re- organization of this community, and with your permission, although it is not a public hearing, as this gentlemen just had the privi- lege of speaking, I would like to speak, too. One of the problems --and I have just done my research on this --that we have had no planning before the Planning and Zoning Board is that if there is a planning item it goes from the planning staff to the Planning Director, who then makes a determination, and discusses it with the City Manager, who then determines the procedure that it goes before the City Commission, which then makes a planning decision by resolution. If they feel that they cannot resolve it at that point, what they do is they send it down to the Planning and Zoning Board for a recommenda- tion. Now that has been the complete circle, with the Planning and 6-28-73 69 Zoning Board coming back with its recommendation. The truth of the matter is that this has deprived the Planning and Zoning Board of being involved on an on -going, continuing basis with the planning of this community; current and long-range planning of this community. Therefore, what has to be done is that the irocedure has to be cut off and stopped, and instead of the Planning Director taking the recommendations of his staff and deciding that they should go the route to the City Manager, who deliberates that they should go,to the City Commission, it should go from the Planning Director to the Chairman of the Planning and Zoning Board, who, perhaps, with a small committee, or by himself, decides what planning items should be on his agenda, both for planning and zoning, or at two separate meetings; planning items, zoning items, and then the Planning and Zoning Board will have the opportunity to deliberate on planning and make its recommendation by resolution to the City Commission; and this is not what has happened, sir. Mayor Ferre: Ralph, I'll tell you, that's fine --and the City Attorney can verify this --the problem with that is that would require a change of the charter, because we now have what is called a Manager form of government, and the charter specifically states that it is the manager who has the respon- sibility over the Planning Department as such. Now, if you are going to have the PlanningDepartment go through another vehicle, then that means you are going to have to change the whole procedure. Alan Rothstein, City Attorney: No, I think what he is saying is that there should be an advisory step as a positive input factor before it gets to the Commission. He is not saying that the Planning Director and the Manager shouldn't do what they are doing, but he is saying that instead of a direct pass from the manager and the director to the commission, it should go --- Mayor Ferre: But the point is that the way it is now it is the manager's decision, isn't it, as to whether it goes to the planning --no, I guess it comes to the commission. Mr. Reese: No, no; it's not the manager's decision if it goes to the Planning Department; it's the manager's decision where it comes out of the Planning Department, to go before the Commission, and that's a matter of scheduling it on the agenda. Mr. Aaron; Well, then, if that's the point, I feel that, since we have the existing section 72, which according to the common consensus is obsolete, it would appear to me that after the Planning Director went to the City Manager with what would be a planning issue for consideration, it should have then gone down to the Planning and Zoning Board for its deliberation, because they are a reflection, more than anybody else, of that rank and file, which seems to gall certain newspapers, and then their recommendation goes to the City Commission; but what has happened here, sir, is that the City Charter calls for the Planning and Zoning Board to do planning. Now if, in effect, the City Manager's office had then taken the recommendations of the Planning Director and sent thee► down to the Planning and Zoning Board so that they could have it on the agenda, and if the 6-28-73 70 Planning Director had been so called upon by the City Manager to request of Mr. Simpson, the Executive Secretary of the Planning and Zoning Board, that these items be put on the agenda, then the Chairman would have seen that they would have been put on the agenda, and the Planning and Zoning Boards in the past would have deliberated on planning and zoning matters, and what has happened in the past is that it has gone all the wa»» around the other way to the City Commission, which has ac- tually violated the cha:`pr by being involved in the planning process in advance of itb tecommendation from the Planning and Zoning Board. Mayor Ferre: Maybe Professor Bartley would like to address himself to this point, as to whether or not we can put in this document a provision for the --after the creation of a Planning Advisory Board, for the matter to come up from the administra- tion and go up through the Planning Board before they come be- fore the City Commission. Isn't that, in effect, the plan that you have, as I have seen it here? I think that's very clearly spelled out; so what you are saying is going to be, hopefully, adopted in this document. Mr. Erny Fannatto: Mr. Mayor, I think that Commissioner Plummer brought out a very valid point when we don't have the people; we only have one person and we should have four, but why didn't we get these people. Let me tell you why. You only get what you pay for. If you don't pay the salaries you are not going to get the people; and if you don't pay the salaries you are not going to keep the people you have got. Mayor Ferre: I can say the same thing about the Police Department. Mr. Fannatto: I can go on and say just a little further what Dr. Bartley says a minute ago; don't waste the three hundred and fifty thousand dollars on outside consultants. You only need them for technical cases, and let's let the job be done by our staff here, our people here, who know the City, and they can do a better job than outside. Let me just finish by saying that just a few months ago Dade County hired airport consultants for one million dollar's, and they never used the consultants. Mayor Ferre: All right; now, we are back to this matter of whether we are going to have one board or two boards. Dr. Murray Mantel: Before discussing the one versus two boards, I would just like to comment; reviewing Dr. Bartley comments, which we as the citizens' task force hadn't had a chance to review earlier, I think he has reflected generally our recommendations, except one or two items in the last part of the second document when you get to it. But on the one or two boards, at some of the discussions we had, and some of the reasons for recommending, I think there was a recognition that when you have two boards there is some loss of communication; and, of course, balancing that you have the need to take care of pressing problems which, if they don't get taken care of, there may be even more of a loss of communication. The need for one or two boards, of course, depends upon the size of the community and how much business it has. Now, we do have some experience, locally, for example, with Coral Gables, which not too long ago decided to go to two boards, because they felt that there wasn't enough planning; and it is interesting that here is a 71 6-28-73 city that's much smaller than the City of Miami, and even after splitting --and they are going to do some talking to the Mayor there; they are talking about making some changes --but they found that the split was unbalanced, so that there still was not enough time for planning. The Board that has the responsibility for planning was getting bogged down too much with zoning; and they are going to have to do some additional shifting; so even here, with the smaller city and two boards, they are finding inadequate time for planning. It would seem like the City of Miami, therefore, has that to take into account. In terms of whet would the Planning Board do while the comprehensive plan is being worked on, most communities do need periodic reviews of their comprehensive zoning ordinance, and I don't think there has been a review of the City of Miami's ordinances in some time, and this is certainly something that could be done and is very important to be done, and would be done by the Planning Board; not by the Planning Advisory Board. And, of course, also it seems that if the Planning Board was concerned only with planning they would be more alert, and I think they would want to, and would, press more to see that you have an adequate planning staff to get the work that has to be done. This thought of having the one board meet more often, I don't think would work, because there is more to it than just meeting time; there is a lot of work that has to be done outside of the meeting time; and with the pressing problems that you have of say, a periodic review of the entire ordinance; the problem of getting a master plan, a comprehensive plan as quickly as possible, I would think that the Planning Board alone might want to meet more frequently; twice a month --maybe even weekly, --to get this thing done. It's a big job. You have a lot of work ahead. I can see that Planning Board using every minute that it has -- after all this is a part-time job for people --and it isn't full time. I think you clearly will need two boards, with a city of this size and the problems ahead of it. Mayor Ferre: I'd like to ask a question. Mr. Reese, how much does the City pay the members of the current planning and zoning --is that on a monthly basis, or per meeting basis? Mr. Reese: It was on a meeting basis, and looked upon as X number of dollars a year, but I think there was a resolution adopted by the City Commission along the lines that if they didn't attend a meeting, they would not be compensated. Isn't that right, Mrs. Gordon. Mr. Gerald Silverman: It's two hundred a month, but if you don't come to a meeting you are docked one half of your salary, in effect. We usually have two meetings a month; sometimes we have more. This past month we had more. Normally we have two meetings a month. Mayor Ferre: Professor Bartley, in your proposal, is there any reason why, for example, somebody on the Commission, if the Commission makes the appointment, could not appoint the same individual to both the Planning and the Zoning Board? Mr. Plummer: That would completely defeat the purpose. Mayor Ferre: I know, but I am just asking. Suppose that -- you know, you have five members of this Commission. Suppose the Commission ends up appointing. Suppose one Commissioner here decides, or suppose the Commission as a whole decides, that they 72 6-28-73 are going to appoint Mr. Lester Pancoast to both the Zoning Board and the Planning Board, and he accepts that. Dr. Bartley: Perhaps, Mr. Mayor, there might be some pub- lic comment about Mr. Pancoast's sanity in that circumstance, but, no, there is no bar in the present draft to the board making such appointments. Mr. Plummer: But it surely wouldn't be recommended. Dr. Bartley: I would not recommend it, Mr. Plummer. Your problem here is that anytime you come up with a proposal for change, there is, of course, inevitably, some feeling on the part of individuals involved in the change that the purpose of the change 6'based on some kind of invidious sort of situation. I knew this was inevitable, so far as the members of the present Planning and Zoning Board was concerned. I was only too well aware of it. I did not intend, when I started my work on this, nor do I intend now, in any way to be critical of the present activities of your Planning and Zoning Board. The fact of the matter is that you people sitting behind this table up here know the work product that comes from the present Planning and Zoning Board, and you know that by scanning your agendas at your meetings that there is not a great deal of planning output from the present board. Now, I do not say that in a critical spirit, and I hope you understand that, and I hope that the members of the Planning and Zoning Board understand it, but what is happening here is that you have reached the stage of work load which is, quite frankly, beyond the capabilities of a single group of citizens. You have --the Board at the present time has given indications that, well, we will meet more often. This is commendable. But when you get into a lot of this planning material your conscien- tious board member --and this is particularly true, now, of planning documents --Mr. Plummer, you have been on the Planning Board, Reverend Gibson, Mrs. Gordon, Mr. Reboso--oh, Reverend Gibson was not --all right; all of you are aware that from time to time you get literally deluged with material. The amount of homework of a conscientious board member is tremendous, and if this planning program, which is being contemplated here --whether you go the consultant route, or the in-house route, or a combina- tion thereof --which really is the thing that I advocate --regard- less of what direction you go here, you are telling citizen appointees to the Planning Advisory Board, or to the Zoning Board, you are calling on them, without a whole lot of compen- sation, to give up a great deal of their time. Now, the City of Jacksonville went to three boards. Dr. Mantell has mentioned the instance of Coral Gables. I want to back up one thing that Mayor Ferre has said twice. He said it at the last meeting, and he said it today. I do not present this idea of two boards as being any kind of panacea. It is going to depend, as Mayor Ferre has very aptly pointed out, it is going to depend on the caliber of the people that are on those boards. I am suggesting to you that a single board, meeting once a week,will not be able to handle the work load if it is properly done. Mayor Ferre: Professor Bartley, I think everybody -- Reverend Johnson, I see you are rising to talk, but I think we have all expressed our opinions. I think we have heard this -- Reverend Johnson: Just let me express something else, if I can. 73 6-28-73 be filled as quickly as possible, so that we don't lose a year. Now I recognize that it is hard to fill professional spots like that, hut you already have two now. That's just my opinion on it. Mr. Plummer: May I ask Dr. Bartley to respond to the hypothetical case I just gave? Dr. Bartley: I think, while you were on the 'phone, Mr. Plummer, they sort of did you in. You mean your two boards? Mr. Plummer: Yes. Dr. Bartley: I gather that the members of the Board did not feel --I think that would result in the type of thing that Reverend Gibson mentioned; that you would, in effect, fragmentize the two sections of the City for planning purposes. The two board set-up, as proposed in this draft, is not a perfect solu- tion, but at least it is based on the idea that the Planning Department is the key to the liaison between the two boards; the single planning department; and the draft does answer the point raised by Mr. Aaron in terms of the flow of material to the Planning Board, but your instrument of liaison, I suggest to you, ought to be in the professional staff. It should not be between two boards holding duality of functions on the basis of geography. Mr. Plummer: What you are saying, in reality is, that making a second board is superfluous until the staff is in- creased. Dr. Bartley: Not necessarily, because the staff, to my personal knowledge, has had available a considerable amount of material over the time that I have known them where, frankly -- and I have talked to them, obviously, about this draft, Mr. Plummer, where there has simply not been time available to get that material, the planning material, properly before the board. They have been involved in --the board has been involved in constant hearings on re -zoning. This is a far from perfect solution; I am not arguing that. Mr. Aaron: Mayor Ferre: Wait a minute. Ralph, we are going to end tip spending two hours on this thing. I think everybody has said what has to be said, and we are just repeating the same things over and over again. I think that unless somebody has some very violent objections I am going to request that --we have already voted on Section 2, which already established a planning advisory board and a zoning board, and I am at this time going to ask whether there is any reconsideration of Section 2. We have already voted on it. Does anybody want to reverse it? Mr. Plummer: Not at this stage of the game. Reverend Gibson: Mr. Mayor, I just want everybody to understand that I, Theodore Gibson, expect that staff to be increased, because we just can't afford all this flak that people give us tp here at every meeting through lack of having answers for them. I think this is ridiculous. 74 6-28-73 Mayor Ferre: I'd like to move ahead, now. Mr. Plummer; If it's going to be a workshop, let's work it. Dr. Bartley, do you agree with the concept that planning and zoning go hand in hand? Dr. Bartley: I do indeed. Mr. Plummer: Mr. Mayor, I have always been a great one to try to get the best of two worlds. Now, just in concept, think about this --and Dr. Bartley, I'll ask you for your opinion -- rather than have one planning and zoning board with nine members, give consideration --let's say, just for the hypothetical case, of having two. Let's say we have one, which would be a north board for planning and zoning, and a south board for planning and zoning, with five members each. Then you could still keep the concept of planning and zoning together, having a board work --just for an imaginary figure, north of Flagler Street, of five members, and a second board working south of Flagler Street, with five members. This way we still keep the concept of the same person with planning and zoning. Reverend Gibson: J. L., man, we would have chaos. The people on the south end would have one kind of animal, and the people on the north end would have another. Mr. Plummer: We find that today. Reverend Gibson: Well, I'd rather have all of them share in the blame of the one animal, though. Mr. Plummer: Father Gibson, the only thing I always thought when I sat on that Zoning Board was, you don't need nine people. Reverend Gibson: All right; let's reduce the members, but, J. L., let me raise this with you: What both groups are saying here now is we don't have personnel. I don't have no problem with two boards. These people have to have a professional staff to work. I would be willing to vote right now, if I could get assurance of the help staff -wise. I thought, maybe, once we shouldn't have but one board, but I am not wed to it now. I am thoroughly convinced that if you don't get you some professional help no two, three, four or five boards are going to do the work. You have got to get some --if Mr. Reese could tell me how, we won't just be passing a document here, and tomorrow, and just having passed a document for two boards and no staff. You can't make people, but I want to know how we are going to make sure that we vote that there is money, and then move on. I am for doing it now. There was no second to Mr. Plummer's proposal for two separate boards, both to include planning and zoning activities. Mayor Ferre: Then, for lack of a second the motion dies. Now, we are back to what Father Gibson wanted to discuss, which is the question of appropriating moneys at this time. Now, my personal thinking, Father, is that that is something that we must do at budget time, and that that is something that we must at that time verb' forcefully put into the budget, and request and demand, or instruct --I gkess, is a better word --that these positions 6-28-73 After brief general discussion, on motion of Reverend Gibson,, seconded by Mra Gordon, it was unanimously agreed to approve section 3, as set forth in the third draft of the pro- posed ordinance amending the comprehensive planning portion of the City of Miami's Comprehensive Zoning Ordinance. After further informal discussion it was unanimously agreed to approve. Section 5 of the proposed draft with the con- dition that on Page 4, Line 33,,after the word "thereof" a sentence be. inserted stating that "where the recommendation of the Planning Advisory Board is not in accord with earlier recom- mendations of the Planning Department, the Planning Department shall submit to the City Commission its recommendation in the matter." The motion to approve was introduced by Mrs. Gordon, seconded by Reverend Gibson, and adopted unanimously. It was also unanimously agreed, on motion of Reverend Gibson, seconded by Mr. Reboso, it was unanimously agreed that the provision for notices of hearings would be revised by Dr. Bartley and the City Attorney and placed in a separate section of the proposed ordinance. and with the recommendation that the amount of adver- tising to be required be a minimum. It was also agreed unanimously, on motion of Reverend Gibson, seconded by Mrs. Gordon, that the number 45 be inserted in the blank in line 13 of Page 5 of the proposed draft. On motion of Mrs. Gordon, seconded by Reverend Gibson, it was unanimously agreed to insert the following sentence at the end of Line 8 of Page 6 of the proposed draft: In the event of a public or semi-public proceeding which the City Manager deems - to be an emergency, the matter will go directly to the City Commission. After discussion it was agreed that the City Attorney and Dr. Bartley would consult and attempt to resolve a question with respect to the language contained in lines 9 through 22 of page 6 of the proposed draft. After further discussion it was unanimously agreed to approve Section 6 of the proposed draft with the foregoing conditions. It was unanimously agreed to approve Section 7 of the pro- posed draft. In section 8 of the proposed draft it was agreed unanimously to change the word "shall" on line 7, page 7, to read "may"; whereupon Section 8, as amended, was unanimously approved, with the further amendment that the words, "under the authority of .the City Manager" be stricken from lines 13 and 14 of Section. It was agreed to change Section 1 of Article II so that the Planning Board would consist of 7 members, and strike the provision for two alternate members. After brief discussion it was agreed to by-pass Section 2 of Article II of the proposed draft and allow the City Attorney and Dr. Bartley to study it further. It was agreed unanimously that the words "and applicable Florida Statutes" be added after the word "below" on line 25 of Section 3 on page 9 of the proposed draft. It was also agreed to add the words "Planning Advisory Board" immediately preceding the word "public" at the beginning of line 28, page 9 of the proposed draft, and also that the word, "verbatim" be inserted in front of the word, "minutes" on line 30 of said page. 6-28-73 76 It was unanimously agreed to approve section 3b as presented in the proposed draft. In subsection c of Section 3 on page 10 of the proposed draft, it was agreed to provide that the Planning Board hold at least two regularly schedule meetings each month instead of the one meeting originally provided for. It was also agreed to remove the provision in said paragraph which provided that the Manning Board would have the power to compel the attendance of ' witnesses. It was also agreed to add a provision for emergency meetings, as called by the Chairman of the Planning Advisory Board and the City Manager. to be inserted after the words "alternate member" on line 11 of page 10 of the proposed draft. The Commission agreed to defer consideration of the remain- ing portion of this proposed draft until the public hearing to be held on July 12, 1973. 4 6-28-73 77 410 22 BOAT SLIP AT WATSON ISLAND FOR USE OF BOY SI JUTS OF AMERICA Mayor Ferre: At this time we will hear from the South Florida Council Boy Scouts of America, Exploration Division. Mr. Reese: We have already written them a letter telling them there was no objections to utilization of this particular spot. Mayor Ferre: Is there a motion? The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-494 A RESOLUTION GRANTING FREE USE OF A SLIP AT WATSON ISLAND MARINA FOR A 42 FOOT SAILBOAT BY THE SOUTH FLORIDA COUNCIL, BOY SCOUTS OF AMERICA • (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 23, PUBLIC HEARING - ESTABLISHMENT OF HOURS FOR SERVING ALCOHOLIC BEVERAGES BY SUPPER CLUBS Mayor Ferre: Before we hear the city managers report, I would like to see a show of hands how many opponents there are here today. Everybody here that is opposed. How many of you wish to be heard on this item? We will allocate an equal amount of time. Now the proponents of this, the people who are for this, please raise your hands. How many speakers will you have? All of you please give your names to Mr. Southern and you will be allocated an equal total amount of time. While this is being done, Mr. Reese, will you report to this Commission on your findings Sir. Mr. Reese: I have supplied this Commission with a memorandum on May 18, 1973, which sets forth recommendations for the establishment of Supper Club Hours for operations and serving alcoholic beverages. This report was based on a resolution passed by the City Commission requesting the City Manager and City Attorney to attempt to resolve the problem of allowing restaurants of Supper Club nature which do not meet the require- ments of a nightclub license to remain open until 3 A.M. under a separate category and with their activities controlled by the City of Miami. First of all we endeavored to survey accross the City, a tabulation of the different liquor licenses and the possibility of the different groups that would fall into this category. In order to be well understood that this applies all such license places accross the City, not just on one street or anything else but every such licensed place would be allowed to serve liquor until 3 o'clock in the morning. Then we came up with a recommendation to add to the City Code, that the Supper Club would follow the general provisions, evidence that the principal business of the establishment is that of being a restaurant, with accessory provisions for entertainment. Requirement that the enter- tainment be provided on a year round basis. Requiring chairs and tables for service of meals to be provided for at least 200 persons with a mminimum 400 sq.ft. open floor space. Exempting the 1 o'clock curfew. 78 JUN 2 81973 which is required on premises where alcoholic beverages are sold. The extension qualifying restaurants of hours in which alcoholic beverages may be sold from 1 to 3 on weekdays. Briefly that is the overall provision and then have our parking provisions corrected too. That is basically the entire thrust. There is the licensed places that would be affected. Mr. Plummer: Based on a 1.3 ration, what would be the minimum square footage say for a capacity of 200 persons? 15' per person. (Inaudible conversation) The answer I am looking for based on the criteria as set forth here, you would predicate a minimum amount of parking spaces based on the 400 sq.ft. or the 200 persons. Now if you are saying 3000 sq.ft., and then you turn around and speak to 1.3 parking ratio, youare talking about 40, 52, well call it 50 round, 50 parking spaces would be aparking lot 100 X 100. of course endeavoring to attached an inventory of Mr. Reese: If you want this number of people, you have to supply the parking. Mrs. Gordon: Mr. Plummer, what was that comment about 100 by 100? Mr. Plummer: Well Mrs. Gordon, I have always figured a parking lot of roughly S0 X 100 will provide in the neighborhood of 25 cars. Mrs. Gordon: No. Mr. Plummer: It won't? Mrs. Gordon: I don't think so. Mr. Ferencik: Not with the landscaping requirements presently - Mr. Plummer: Then what are we talking about? I am trying to derive an answer. Mr.Ferencik: There are variables involved that would depend on whether you had an irregularly shaped piece of land, how efficiently you could use it Mr. Plummer: Would we be talking closer to a parking lot alone of 150 X 150, that would be more realistic? Mr. Ferencik: 150 X 100. Mr. Plummer: That is what I was trying to get. Mr. Mayor, Mr. Reese are you finished? Mr. Mayor through you, how do you wish to proceed from here? My basic question is going to be are the people in favor of this aware of the recommendations? Mr. Reese: This has been laid out and made available and its out there in the hall and sent to a lot of people. (Inaudible from audience) Mr. Plummer: I think it should be made crystal clear that we are not here for a specified individual location. We are here based on as I recall the wording, we are here for a change or possible change in the ordinance, to establish or create something that is not there today, so no individual application could even be accepted under those terms without that being in the ordinance. Mayor Ferre: I think that is very clear, on the other hand there are people who want to speak specifically to something. Mr. Plummer: Mr. Mayor, I only said that because Mr. Weiss said that he was there to defend their position and that they could qualify. Mr. Plummer: As you recall, I asked for the opponents and proponents to raise their hand, those that would speak and I have 2 attorneys, 1 opponents side and 1 proponents side and I assume they will speak for both sides. I don't know who he represents or who he doesn't represent. 79 JUN 2 81973 I assume he will speak as an attorney on these issues and so it Mr. Phillipps. Mr. Reese: Mr. Mayor, we have endeavored to pull this together to apply accross the City if it applies anyplace. Now it may not accomodate all the existing facilities. I don't know. Mayor Ferre: It is now 12 minutes to 5 O'Clock. I will give each side 10 minutes to speak and 5 minutes of rebuttal if you need it. That means Mr. White, each one of your group will have 10 minutes unless you want to speak 5 minutes and they will 11 minutes each. Then we will give you 5 minutes of rebuttal. Come to the point quickly and makeit fast. I will recognize the proponents first, Mr. Oscar White. Mr. Oscar White: I am an Attorney and I am here representing the Montmarte Restaurant and Supper Club. I only have 10 minutes. I had a big discertation as to the qualifications of Montmarte and why Montmarte should be allowed to open the doors until 3 o'clocV, but I would like to say this. The Montmarte is a duly licensed Supper Club. It features as you all know, weekly bookings of first class latin star attractions. All these are oriented towards the spanish speaking pop- ulation of Miami and also of course, those non-spanish who are attracted to this type of entertainment. We have a population of over 500,000 in this city. We are proud of this. These would appreciate this type of entertainment and of course those who are non spanish speLking, this type of entertainment. These entertainers which the Montmarte features in their supper club are the same entertainers who are exposed to spanish tv, channel 23, 6 and others coming up. This of course creates a market for this entertainment. The fact being that the Montmarte is booked solid every week and this entertainment is demanded by a population of at least 500,000 of them in the City of Miami. These entertainers are the big stars of the spanishspeaking compared with Frank Sinatra, comparable to Dean Martin, Tom Jones. The only opportunity that the population that we have here have to really appreciate this talent live is by a live supper club showing. So far in the City, we only have one the Montmarte Restaurant. Of course we have other fine supper clubs and by that I mean Les Violins, Flamenco Restaurant. Mayor Ferre: You have 6 minutes left. Mr. White: I am trying to rush it and - Mayor Ferre: You are not going to leave any of your other speakers any time. Mr. White: I covered the fact that the spanish speaking population would appreciate some live star entertainment in this area. We don!t,have any. Now to the criteria that the recommendation s that the City Manager has before you. The Montmarte Restaurant right now contrary to the report and this report, has 16 parking facilities. Even though it says we have none, we have 16. At the same time, the restaurant has now under contract for an additional 40 parking spaces, right there you have 56 parking spaces. The recommendation is for 1.3 parking space for each one. We are over that because if we.go by the criteria already, all we need is 52. We also have now, thefacility of the SouthEast Banking on Coral Way, even though we don't have a written contract, they have allowed us to park there. In addition to that and the most important thing in this Supper Club is this. It is 99 3/4% valet parking which means that.,,you don't have a situation of a parking lot necessary. Valet parking with an attendant to do the parking, we don't have any parking in front of houses. or anything like that so contrary to the other Supper Clubs which you have your own individual parking, we have our own valet parking This facility itself is against the objections of the parking crowd that the objections have. Mayor Ferre: You have 41 minutes left. Mr. White: I have many distinguished speakers here. They are all going to speak in favor of this. I would like to invite Mr. Benjamin here, also an attorney to give us the report on his parking facilities for the Montmarte Restaurant. 80 JUN 281973 Mayor Ferre: The chair recognizes Mr. Benjamin. Mr. Benjamin: I own the building on the south east corner of Coral way and 18th Avenue which is accross the street from the Montmarte Restaurant. We have rented to them and they have access to our parking lot which surrounds our building. Its 50 X 117 part of the area and 35 X 40 X 50, They have free access to it under our lease arrangements and its approximately 40 cars parked there and nobody in our building uses it at night so they have the sole use of the parking area. They have a written lease with us. We find them very fine tenants. It's a beautiful operation because I go over there quite often myself. Mayor Ferre: Thank you Mr. Benjamin. Now we will hear from - Mr. Mora: I have been living in the City of Miami for 22 years. I am one of the members of the Latin American Advisory Board of the City of Miami. I came here voluntarily the need for this Supper Night Club because I think that we, the spanish speaking population, we have the privelege and pleasure to have the live entertainment and besides that we have one of the finest food restaurants in town and I think that thispetition should be granted. I am not cnly speaking for myself but I am a mamber of 4400 Latin american doctors who live in this city and we are receiving them here the next 2= 3 days, where we have a convention of 1500 of them with their wives. I think this petition should be granted, I am in favor of it. Mayor Ferre: Thank you Dr. Mora, now Mr. Jay Jensen. Mr. Jensen: I am a musical and drama director for the Dade County School system and I have been very active in theatre and with latin american people and I for one enjoy going to this particular club because its one of the places you can go to, bring your family, enjoy a good evening and see the top latin american stars and certainly its a place we can be proud of in the latin community like Miami. I certainly feel that an extension of hours would be of benefit to the community both economically and for our latin american relations.' Mayor Ferre: Thank you Mr. Jensen, you have 1 minute left if you want Mr. White. Mr. White: I guess you must appreciate how I am rushing this. I would like to highlight the fact that this supper club is now in business and operating until 1 o"clock. Mr. Plummer: Mr. Mayor, once again, I am going to ask for clarification. I have just asked fcr the City Attorney and Sir, I'll get you an addit- ional minute. Mr. Mayor this gentleman is speaking on an individual club. Now this Commission is not hearing an individual club and cannot. This is for the provision in the ordinance. If this Commission- Mr. White, understand me. I just checked this with the City Attorney. If the provisions with this stipulation are adopted today by this comm- ission, you must then to through the procedures of applying for a conditional use and I think Sir, personally you are hurting yourself by speaking to an individual because each individual case after, if this is adopted, must stand on its own merit. 81 JUN 281971 Mayor Ferre: Mr. White, you as an Attorney must know what Mr. Plummer is saying is that we are not hearing any individual case today. We are talking about general criteria and recommendations for the possible establishment of a Supper Club classification within our zoning - Mr. White: I am going to quit while I'm ahead but I fall within that category and - Mr. Rothstein: Mr. Mayor, technically what Mr. Plummer is saying that he checked with us, is that you just made a statement, that you fall within the category and you are talking about your individual club and I don't know factually what that club is like but if you have read Mr. Reese's memo carefully, you have got to have certain things. For example, if you don't have off-street parking that complies, if you don't have other things that comply, you can be there now with a 1 o'clock license and if this thing passes, you have no grandfather, you have no right to stay open to 3 o'clock by the passage because this does not deal with an individual place. You might find if you don't comply with this, you come down and you can't get a liquor license extension until 3 o'clock, so that what Mr. Plummer is saying is that if you want to talk about your own club in reference to this, if your club doesn't comply, you had better talk about why you don't want that kind of a stringent regulation as - Mr. Plummer: As it pertains to the ordinance Mr. White. Mayor Ferre: All Right, let me clarify. I will give you 30 seconds because its now 5 o'clock. Mr. White: I would like to ask for a clarification. Mr. Rothstein: May I add one thing more? Mayor Ferre: Go ahead. Mr. Rothstein: Even if you comply, fully and completely with the parking and with every other requirement, this is still a conditional use so that you have to come down there, make application, come before this Commission and there will be a hearing held where all the neighbors will be notified as to whether your specific club should be allowed to operate. Mr. Plummer: At your specific location. Mr. Rothstein: At your specific location. Mayor Ferre; All right, Mr. White - Mr. White: I am aware of that Mr. Mayor. I would just like some clar- ification from the Commission or from the City Attorney, Mr. Rothstein. With reference to the parking. The recommendation of Mr. Reese's office istthat the criteria for the parking should be 1.3 for each 100' of gross floor area. Now, sufficient off-street parking. What does that include? Mayor Ferre: We will clarify that for you after the opponents have had their opportunity. I think you have gone well over 10 minutes now. Mr. Plummer: Mr. White, I would only like to ask of you since you do represent an individual. In your particular case Sir, as I understand the first item of Mr. Reese's recommendation. Would your particular client do more gross dining work than alcohol? As I read this, that would be one of the criteria, that you as serving alcohol would be an accessory to serving of food. Now would your particular club do more gross dollars in the serving of food than alcohol? What would be the determining factor? Mr. Rothstein: The test would be whether it truly is a restaurant that serves alcoholic beverages as opposed to a bar which serves an incidental sandwich or an incidental hotplate. Thats the difference between the supper clubs, not a dollar gross. Mr. Plummer: Who makes that determination? Mr. Ferencik: His license is already predicated upon those same words. 8� Mayor Ferre: His license is already predicated on those words? Mr. Ferencik: Those words that restaurant is principle business. Mayor Ferre: Is that what his license says now? Mr. Ferencik: He is under an exceptional liquor license Mayor Ferre: Is somebody getting snookered here - Mr. Plummer: No Sir, but I can see a lot of hotplates going in. Mayor Ferre: Any further comments from the Commission at this point or from the administration? If not, thechair will recognize Mr. David Phillips. Sir you have 12 minutes since they took a little extra. You Mr. Manuel Ramos. Mr. Phillips: Mr. Mayor and members of the Commission. We are really kidding ourselves now if we try to characterize this as anything other than the Montmarte Ordinance. I know it speaks in general terms but that's what everybody is here for, the Montmarte. Let me remind you, that this study was triggered by the following comment by Mayor Kennedy some months ago and this is a quote from the City Commission record. "But in the case of the nightclub -that we are talking about here, said Mayor Kennedy, the Montmarte is really a night- club restaurant where they have outstanding entertainment and it is the place for the latin community to go and its a great place for all the south american visitors that are coming and you can't compare the Montmarte on hand as a restaurant with 200 seats with a restaurant somewhere else that doesn't have entertainment that would be able to take advantage of a 3 o'clock opening. Its such a gray area. I don't know how in the world you can come to a vote in this area, unless we can set up a separate category for those restaurants and dinner clubs that have live entertainment and Mr. Reese, do you think that can be worked out? This is for the Montmarte and the Cuban people deserve fine entertainment. I want to make it very clear that I personally feel that the contribution of the Cuban people to this comm- unity has been tremendous and substantial and they deserve fine entertainment" The only trouble here is they picked the wrong place to rent quarters for this restraunt. They picked a residential area. Now I do.think it is inconsiderate of them to pick a life style. This has been explained over the last year, where they say that their cus- tomers don't want to eat till after 1 o'clock and they can't get used to adjusting their life schedules. They say that they are on a later schedule so to speak, than the residents there. It seems to me that instead of trying to inflict on us, and I am a resident there, inflict on us, a lifestyle that interrupts and disrupts our lives, that they should go to a section of Miami, like the Trail, there a lot of beautiful places there that can be rented where opening till 3 A.M. would not disrupt anyone's sleep. Now there are a lot of old people in our neighborhood. The fact that there are only 12 or 14 here does not indicate that we do not have 100% opposition to this because this is what we get. Now My friend Amos Benjamin rents that place out and he was very much opposed to this until he made the deal to rent to them but Amos ought to be there at night at 1 A.M. to direct traffic you.see, but he isn't. He doesn't live there. He should be there on his corner when those automobiles come screeching around the corner making all kinds of noise. Now why do they do that? They do that because of valet parking. Because, when Mr. so and so comes out of the restaurant with his lady, he wants that car. Now the attendant has got to get that car put there for him to get into right promptly. He has to run down to the bank corner which is quite a distance away or go over to Amos Benjamin's place and get that car and zoom it around and we got some one -ways there and you can't go in a direct line to arrive in front of the restraunt so he has a lot of traveling to do that attendant does, in order to put that car in front of the restaurant so that the customer can get into it. 8� JUN 281973 • This is what creates noise and in addition to the screeching tires, you have -the parking in front of the homes and when the 1 O'Clock comes round, they come out and are just pleasantly boistrous but you see when the 3 O'Clock people come out, they get a little loaded by that time and that's when you have the arguments about, now high ..class people do this too you understand, and I am talking about high class people but high class people under the influence of alcohol argue about who's going to drive and where are the keys to my car and all of those things, and so, I assure you, that our lives, the people that live there are structured so that from 1 A.M. to 3 AM. they are sleeping and this kind of thing is a disruption to the way that we have structured our lives and I would think that they would try to be considerate about that and I also might point out that most of the people that stood up supporting the Montmarte's position, you see they don't live there. Pract-none of them live there. THey live elsewhere. We are the ones who get the brunt of this attack on our lifestructures, thank you. Mayor Ferre: Thank you Mr. Phillips. No applauding now, I don't want any applaudint on either side. I will recognize Mr. Manuel Ramos for 5 minutes. Mr. Ramos: Mr. Mayor, I live 2250 S. W. 18 Avenue. I am trying to coaborate mr. Phillips statements that even at 1 o'clock as he says, these ..cars are parking right in front of our houses and when they take them out, these valets, they screech those cars around the road and they make loud noises and they wake us and so there is another thing I didn't count on is the parking. They claim that they have parking now. They never had it and it seems to me that before you pass any judgment on this, that they should guarantee that parking and so they wouldn't bother us. Thats all I can say. Mayor Ferre: Mr. Phillips, you have 4 minutes left if you want to make a statement on the side of the opponents if you want to take the time. Mr. Rothstein: Mr. Mayor, may I again repeat. Under the recommendations of the Manager, before they could get a license, they would have to qualify under whatever conditions this Commission passed. Mayor Ferre: I'm going to give you my opinion now because everybody seems to be talking about one place, even though that's not what we are supposed to be doing here but I am going to tell you that I don't think that the Montmarte nightclub is going to meet the qualifications as set down by Mr. Reese. Mr. Plummer: This gentleman says they could. Mayor Ferre: Mr. White? Mr. White: Mr. Mayor, the way I understand it, the only qualifications added to what we have now is the parking facilities, off-street parking. Now, I represented to this Commission and Mr. Benjamin represented to this Commission, they have a lease for 40 automobiles to be parked. Mayor Ferre: Mr. Rothstein, how does a lease, can that be part and parcel of this? Mr. Rothstein: Yes, we have under the code and we have provided. For example we did it with this Bayfront restaurant right down here where they leased right accross the street, to give them qualified parking spaces to let them get a liquor license. Its done all the time but that's not the point, the point still is, they would still have to come back to the Commission for a conditional use under the Manager's recommendation on location. Rev. Gibson: Mr. Mayor - Mayor Ferre: Father Gibson - Mr. Plummer: Under a C-2. Mayor Ferre: Under C-2. 84 J UN 281974 8197 Mr. Plummer: C-3 or better, is a permitted use. Mr. White: We realize that. We are here in the first place but - Mayor Ferre: You have to come back to get a specific permit under C-2, is that what you are saying? Mr. Plummer: Under C-2 it could be a conditional use. C-3 or better, it is a permitted use, they don't have to come here. Mr. White: We realize that but we have to take it a step at a time. We are very interested in passing this one. Rev. Gibson: Mr. Mayor I want to raise 2 questions or make 2 points. I thought we were considering an ordinance for the City of Miami, thats #1. , and not for a particular place. I am confused. I am not voting for a place today, I am voting, I thought I was sitting up here to deliberate upon an ordinance for the City of Miami, thats #1. #2. I question and I want Mr. Reese and the legal department to hear this because I am troubled. I question under the circumstance just having heard all that heat we heard, about a zoning board and a planning board. We are about to change the entire structure of zoning and planning, our way of living. When we now enact a new ordinance, what are we doing for the principle of establishing a zoning board and planning board? What kind of a problem are we going to create further? Now in that regard, again, if you don't need that citizens committee, I say to you my brothers, don't appoint them, don't waste these peoples time. I just got on this side of the table. I have always been on that side. I have a great sense of respect for their time. Now, I think my good judgment, we will not be fair to that new planning, zoning board. We have a planning board we're contemplating, a matter of fact, we voted to recommend to the public, a planning board and a zoning board. If we do that and then we go and pass an ordinance for a different law for a peculiar kind of a club, I just wonder, I raise those 2 questions because I don't think we need to compound our problems and then having compounded the problem, ' give the planning board and zoning board a task and say, we couldn't deal with this, no, we created this for you, now you live with it. Mr. White: Reverend Gibson, you are right, this sounds like a 1 establish- ment type of ordinance and Mr. Phillips on the other side sounds just against this 1 establishment but its not only that. This ordinance affects a way of life and if the ordinance or the proposed ordinance will be worded differently, you may have other people. It just happens to affect a way of life, and a great way of life and that's why it looks that way Reverend but take it in a different way. It is not merely Montmarte struggling for their life, its this type of resolution, this population, the spanish speaking population, that's what you have here. You should know more about 1 man speaking for a whole ethnic group. That's what we are doing. Rev. Gibson: Agreed, so Now I could more specifically address myself. I am in sympathy with what you are saying but I have to think about the total population. I am saying that a zoning law that is passed must be a zoning law for the entire city. So lets forget Mr. Phillips and lets forget your client. Lets deal with specifically the zoning law for the City. I am prepared to deal with that. I don't want to deal with part- icular places but the other thing is, and I say this to you my bretheren carefully and prayerfully. We have just finished, you heard us, most of you were here, we were deciding whether or not we want a zoning board and a planning board. We also arrived at the conclusion we want 7 on one and 7 on the other and also said we would spend 390 some odd thousand dollars for a survey, a study. Now, it would appear if we are going to spend 300 some odd thousand for a survey, a study, and get a new board, we could give them 1 problem less or we could give them this as a part of the study they must do right off. Mr. White: Reverend, this is not a zoning matter. It never was. Rev. Gibson: I don't know why it isn't a zoning matter. Listen you, you don't have any zoning. Well all right, its not a zoning matter, then what are we talking about. Mr. White: Not the way I read it Reverend, it says a resolution- 85 JUN 281973 Mr. Rothstein: Mr. White, Mr. White please. We are working on a concept. A 2-fold concept. No. 1 is changing the Code to provide for a liquor category of Supper Clubs. No. 2 is to change the zoning ord- inance, the concept of it, the zoning ordinance to provide that Supper Clubs may be had in a C-2, C-3, C-4 district. If its in a C-2 district, we are further providing that it is not automatically permitted but there must be a specific hearing in front of the Commission before someone can get a license so that the Commission can look into everything including location, parking etc. Mr. Plummer: Sir, will you come up here and tell us whether your association, not you personally, has taken any stand on this. Mr. Jerome Robinson: Executive Director, Florida Restaurant Association, I can tell you the answer to the question very clearly is that we haven't taken any action at all on it. All I came down here for today is to see what was going to happen. I am not affected by this. There will be some restaurant people who are affected but I am not here to lend the support or against the particular issue that you have in mind right now. Mayor Ferre: We are now 20 minutes behind in our schedule. We have been on this item for 50 minutes. Mr. Reboso: Mr. Mayor, I would like a question answered by the City Manager. The Table #2, that you gave us today, these 19 restaurants. How many of those restaurants do you think will be applying? In case today, we approve your recommendations? Because I see here, Jordan Marsh, Juniors 79th Street, Biscayne Cafe, I don't think any of those would be interested. Mr. Reese: Well I don't think Jordan Marsh would but at the same time, they fall under the section where it would have to be, if they so desire if we amended the ordinance and so desired, they would be eligible to do it. Mr. Reboso: If they meet the requirements of your recommendations? Mr. Reese: They have adequate parking, I know that. They have sufficient off-street parking contiguous to their building, so they would meet all of the requirements as far as I know. I assume they have over 400 seats. Mr. Reboso: Then Commissioner Gibson, I don't see what the problem is if we pass today the recommendation of the City Manager. The ones that do not comply with the requirements will not be granted the license. Its as easy as that. Rev. Gibson: I follow you. Sir, I am not arguing about who gets it. All I am saying to the Commission and I want the Commission to listen very attentively to what I am saying. I want our City Attorney to hear it. You can't afford to change the zoning structure of this City within the next 60 days and then at the same time you are now writing a new - isn't that what you are doing? Mr. Reese: No Sir, Canon its, I think this part is misunderstood. The last 3 paragraphs on the first page, its recommended that if the City Commission wishes to proceed with this matter, that a resolution be adopted directing the Planning and Zoning Board to hold a public hearing to amend the Zoning Ordinance to provide for the establishment of the Supper Club Category. The City Commission must also adopt a resolution directing the City Attorney to prepare the appropriate code amendments to provide for the extension of alcoholic beverage dispensing hours for supper clubs, in order to reach the objectives of the established supper clubs which extend the hours for the sale of alcoholic beverage, it will be necessary to adopt both ordinances adjustments on a concurrent basis. This Commission is not going to stop referring material to the Zoning Board I assume because you are re -doing your Zoning and Planning Board regulations because, you will have a number of items coming up that undoubtedly you will refer back to the Zoning Board. Rev. Gibson: Let me go a step further. I do not at present have to vote on this kind of a matter because I don't have it. Isn't that right? My Counsel? Mr. Rothstein: THat's correct, the only thing you may decide today is 86 JUN 2 81973 a matter of policy determining whether to send it back for hearing to the board or to have us prepare the appropriate ordinance, that's right. Rv. Gibson: Let me try it again. Counsel, nobody now can do what either of these 2 people want or don't want to do. Mr. Rothstein: That's right. Rev. Gibson: All right. Presently I am saying to Zoning and Planning, I want you to look at this city and tell me how we ought to live in this city. In the meantime when I tell them to do that, I also say to them, today, now this is the way I want to live. I know you got my point now. Mr. Rothstein: Yes Sir. Rev. Gibson: Right, now I am saying that in philosophy, this is not fair to the people you are going to appoint. I am talking about philosophy Mr. Reese. Mr. Reese: Yes, I just wanted to say, that I think what you are saying is that you want this to be studied under the comprehensive plan.' Rev. Gibson: Amen. beautiful, I made my point. Mr. Reboso: Reverend, we have a Planning and Zoning Board right now. Rev. Gibson: All right, lets give it to them. Don't let us do the do. All I am saying bretheren is that I have philosophical regurgitating feelings about appointing a board saying this is what I want you to do and then doing it for.. them. I'm ready to vote too because the one thing I've learned in my living, I don't have to vote the way other people want me to vote. Lets call the vote Mr. Mayor. Mayor Ferre: Nobody has offered a motion yet. Mr. Reboso; I move for approval of the recommendations of the City Manger for the establishment of Supper Clubs in the City of Miami. Mr. Plummer: That motion is improper. Your motion should be to this. That you are directing the Planning Board to hold public hearings - Mr. Reboso: Right, that's exactly what he says here on the first page. Mr. Reese: First of all you adopt a resolution directing the Planning and Zoning Board to hear public hearings to amend the zoning ordinance to provide for the establishment of a supper club category. Mr. Reboso: Correct, asking the Planning and Zoning Board to hold public hearings to amend the zoning ordinance. Mayor Ferre: Now does everybody recognize what is happening here? We are, there is a resolution made by Commissioner Reboso on the floor to request that public hearings be held by the zoning and planning board for the purposes of changing the actual, to amend the zoning ordinance. That is what the motion is. Is there a second to that motion? That's the law. There is nothing he can do about it or anybody else. Rev. Gibson: Mr. Mayor, I am going to second the motion because the motion is in line with what I have been saying. Mayor Ferre: All right, there is a motion and a second to the motion. Is there any further discussion? Before calling the question, I want to submit for the record, a tele- gram that was received to the Mayor and Commission from WQBA with regards to this matter and a letter signed by Mr. Luis Sabines, President of the Latin American Chamber of Commerce and I will give them to the Clerk for the record. Rev. Gibson: I have one too, I will be delighted to turn it over. Mayor Ferre: Motion and second, any further discussion on this matter? Call the roll please. 817 JUN 2 81973 w • Lei Lit L II u I 1iiIsii_1)1u! .rI1f111111 r-(01(c.44sier;o4n 050 Z D 186( 1129) (2-001255E179)PD 06/28/ 73 11�$/3JU1128 ply I. 00 GnA ICS IPP'BNG2 CSP 3056435000 TDBN MIAMI FL 51 06-28 1129A EST PMS COMMISc ION MA URICE A. FERRE, MAY R , IMPY , DLR CITY HALL OF MIAMI 3500 PAN AMERICAN DR DINNER KEY MIAMI FL WE URGE YOU TO TAKE FAVORABLE ACTION CF THE PROPOSAL TO LENGTHEN 1HE HOURS OF SHOW RESTAURANTS MIAMI WEDS THE MONT MATRE RESTAURANT THE ONLY PLACE BRINGING QUALITY LIFE ENTERTAINMENT TO THE CITY. DON'T LET THIS GREAT TOURIST ATTRACTION DIE. THE MONT MATRE N.D S LONGER HOURS. STAFF APID MANAGEMENT CF WQBA iERBERT M LEVIN 6F-1201 (R5411) • GDA054 M2B194(1130)(2.0012&E179)PD 06/28✓73 1130 1973JU1128 PM 1:00 ICS IPMBNGZ CSP 3056435000 TDBN MIAMI FL 51 06.28 1130A EST PIS THE OD ORE R. G IBS ON, VICE MAYOR, IMMY , DLR CITY HALL OF MIAMI 3500 PAN A MER ICAN DR DINNER KEY MIAMI FL WE URGE YOU TO TAKE FAVORABLE ACTION OF THE PROPOSAL TO LENGTHEN THE HOURS OF SHOW RESTAURANTS MIAMI NEEDS THE MONT MATRE RESTAURANT THE ONLY PLACE BRINGING QUALITY LIFE ENTERTAINWNT TO THE CITY. DON'T LET THIS GREAT TOURIST ATTRACTION DIE. THE MONT MATRE DEEDS LONGER HOURS. STAFF AND MANAGEMENT OF WQBA HERBERT M LEVIN &F-1201 (R54(I) 88 JUN 28197 (AMAR� L`OVATIN CH Cr MM MEIN—� ariCIOU • EJECUTIVO DE GOBIERNO 1972-1974 PRESIDENTES DE HONOR Roberto Suero Marotta ASuirre PRESIOENTE Luis Sabines VICE-PRESIDENTE$ Benjamin Leon Rogelio Barrios Elpidio Nunez Augusto Ledesme Oscar Fernandez William Alexander SECRETARIO OE ACTAS Octavio T. Descalzo VICE-SECRETARIO OE ACTAS John Lessevllte Fernando Carrandl SECRETA RIO DE CORRESPONDENCIA Isidoro Rodriguez VICE-SECRETARIOS OE CORRESPONDENCIA Reinaldo Gutierrez Alberto Cali, TESORERO Ectore. T. Reynaldo VICE•TESOREROS Willy Gort Jesus Vazquez VOCALES Virgilio Perez, Jr. Eloy Gonzalez Pedro Albuerne Pedro A. Milian Henry Quintana Jose M. Palmeri:, DIRECTOR EJECUTIVO Roman Camps PAST PRESIDENTS Gilberto Atmeyda Eliseo Riera GOmez Manuel Salado LETRAOO CONSULTOR Gasper B. Aldrich ASESOR ECONOMICO Carlos J. Arbolaya ASESOR DE CONTASILIOAD Eugenio Ranson, C.P.A. 01 N. W. 22nd AVOWS, MIAMI, PLA. MIAMI, JUNE 26,1973 HON. MAYOR MAURICE FERRE AND CITY COMMISSIONERS CITY OF MIAMI MIAM1,FLA. 33133 GENTLEMEN: P. d. 80X 024 MIAMI, PLA. 33133 TSL..1 413-317, . Ltz : (i'tI.(J GP r i r l .r- • .n. . •. • u.• w.�.1 • THE PURPOSE OF THIS LETTER IS TO CERTIFY THAT MONTMARTRE RESTAURANT, 1762 CORAL WAY, MIAr•11 FLA. IS A REPUTABLE RESTAURANT THAT PROVIDES FIRST-RA- TE ENTERTAINMENT FOR OUR COMMUNITY AS WELL AS FOR THE LATIN AIMERICAN TOURISTS WHO VISIT THE CITY. FIONTMARTE, IN ITS FLOOR SHOWS, PRESENTS INTERNAT- IONALLY KNOWN ENTERTAINERS. THIS CIIAMDER WOULD DE VERY GRATEFUL FOR ANYTHING THAT THE HONORABLE MAYOR AND THE CITY COMMISSrON MIGHT DO TO HELP MONTMARTE IN THE MATTER PRESENTED FOR THEIR ATTENTION. VERY TRULY YOURS, e C_t c.•L2 --LOT AO I NE$ PRESIDENT LS:ML t 8 JUN 2B 1973 The following resolution was introduced by Mr. Reboso who moved its adoption: RESOLUTION NO. 73-495 A RESOLUTION AUTHORIZING AND DIRECTING THE PLANNING AND ZONING BOARD TO HOLD PUBLIC HEARINGS TO AMEND THE CITY'S ZONING ORDINANCE TO PROVIDE FOR THE ESTABLISH- MENT OF A SUPPER CLUB CATEGORY; AND AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PREPARE APPROPRIATE CODE AMENDMENTS TO PROVIDE FOR THE EXTENSION OF ALCOH- OLIC BEVERAGE DISPENSING HOURS FOR SUPPER CLUBS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None Mayor Ferre: Let me explain to those here as proponents. Mr. White according to the recommendation dated May 18th of Mr. Reese, under the law, that is the procedure in this, and you Mr. Phillips and you ladies and gentlemen of the neighborhood will have an opportunity at that public hearing to again express your opinion. In other words, this matter has not been settled at this point, is that clear? Mr. Reese: Still comes back here for the final decision. M►>.yor Ferre: It will come back: here. It will go through a public hearing before the Planning Board and it will return to this Commission at that time. Mr. Plummer: I think it would be safe to say that this matter, if it is to be done, is a minimum of 6 months off. I thihk thats pretty safe to say. Mayor Ferre: That is the law and we follow the law around here. Mr. Southern: Mr. Mayor, did that motion also include instructing the City Attorney to prepare the proper code amendments? Mayor Ferre: Yes Sir, its right here. Its says the City Manager and City Attorney to attempt to resolve-, oh wait a moment. Mr. Reese: Its in the last 3 paragraphs on that first page. Mayor Ferre: Any further matters? 24, DISCUSSION SETTING TINE FOR NEXT WORKSHOP SESSION -PLANNING & ZONING Mr. Reese: Members of the Commission. In setting up our hearing schedule, on July 12th, this Commission determined that from 2:00 O'clock to 4:00 O'clock, we would have a public hearing on the Federal Revenue Sharing, on July 12th. My question is, what time do you want the Public Hearing or the Discussion on the Planning and Zoning? Mrs. Gordon: I would suggest the first thing in the morning if its agreeabl with everyone else because of the technical nature of what were doing, we need to be clear headed. Mayor Ferre: Could we start at 8:30 then? 90 Mr. Reese: Well I had it scheduled this morning ;ind I can make it at 8:30 but I want to bring to your attention that we do have some things that we are going to have to hold the first thing in the morning under the ordinance so we could - Mrs. Gordon: The completion of what we started today and then we have to hear from the public too. Mayor Ferre: Well could you schedule Mr. Reese: I would like to make this 10 o'clock and we will set this other the morning to have it over with. Mayor Ferre: Is that acceptable to everyone here? Mrs. Gordon: The point is this. I don't think from the amount of ground we covered today that we are going to hear from the public and review all of these item by item in the number of hours you are speaking about. Mr. Reese: I understand that but it was my understanding that this was to be what the Mayor refers to as another work session. The public hearing comes up on the 26th of July. Mayor Ferre: Oh that's right, we have another work session rather than a public hearing. Mrs. Gordon: Well remember that we said that this would certainly need some revisions and re -writing and we have to allow time for that. Mayor Ferre: Now wait a minute Rose. If we on the 12th make it a work session and the 26th as a public hearing, then we can vote on these amendments as they come up one at a time and we will have a final document on the 26th. it, could we do it at 8:30? suggestion, that you do it at material up the first thing in Mrs. Gordon: We advertised to the people it seems to me that we were going to have a public hearing on the 12th, and I think if we revert now. - Mayor Ferre: Did we advertise that? Mr. Southern: It has not been advertised yet but the people were told at that meeting that there would be a public hearing. Mrs. Gordon: Right, if we start at least an hour earlier, start working on it - Mayor Ferre: 7Thats what Mr. Reese said. Mr Reese said we are going to start at 8:30 and then get "through that portion of the meeting as quickly as possible and then at 10 O'Clock we will - Mrs. Gordon: I don't think that will be enough time Maurice. I really don't think so. Mayor Ferre: Well then how do you want to do it? I really don't have any strong opinions one way or the other on this. Mr. Reese: If you want to start at 8:30, the only advertised item so far is after 10 o'clock but there are 3 highway districts will fill the room. Mrs. Gordon: Can you put them down at the afternoon session? Mr .Reese: Its already advertised. Mrs. Gordon: 0h already advertised. Mr. Reese: It will bring in quite a few people. Mayor Ferre: At what time? Mr. Reese: After 10 o'clock. Mayor Ferre: Well then what you are saying is we have to have this before 8:30 before 10. 91 JUN 281973 Mr. Reese: It would have to be between 8:30 and 10. Mayor Ferre: The trouble is, we aren't going to have enough time. Mrs. Gordon: We'll never be able to complete it. MR. P).ummer: Mr. Mayor, I think it was originally proposed we'll have sufficient time for, if you wish, we can have the public hearing, not a workshop but a public hearing as originally proposed. Mayor Ferre: What time? Mr. Plummer: I don't know, you have one scheduled- Mr. Reese do you feel it will take 2 hours for the federal revenue sharing? Mr. Reese: - I didn't think so. Mrs. Gordon: May I make a suggestion? Is it possible, I don't know if Dr. Bartley has left or not, but if he could come in the afternoon before for our work session and then continue with the public hearing in the morning, would mean that we worked on the afternoon of the llth. Mayor Ferre: You are talking about holding a special meeting on the afternoon of the llth? Mrs. Gordon: Yes just to work because really we do have to work at this. Mr. Rothstein: You would have enough time on your 26th meeting. Remember we have refined it down in the workshops and you are going to pass what you recommend on the 14th presumably, I mean on the 12th and on the 26th, there wouldn't have to be that much re -drafting. Remember thats the first reading and we planned to have the second reading the first meeting in September. Mrs. Gordon: But Alan, lets face it, we can't have what would be a public hearing and predetermine ahead of time that we are going to have what we wanted before. That's foolish for us to even assume. Mr. Rothstein: Yes but that's just what you have just done. You are submitting your draft, that's what you said to do. Mrs. Gordon: Right, but to expect maybe there would be changes and we shouldn't preclude that there would be, and say we are going to pass it on first reading. We don't know. That's why we were going to have it on the 12th. We were going to have public hearing on the 12th to get the public input and make changes from the public's input. Mr. Plummer: And then also, a public hearing on the 26th with the first reading. Mrs: Gordon: Right, exactly J.L., that was the purpose for doing it. Mr. Plummer: Let me offer this suggestion Mr. Mayor. I don't personally think the federal revenue is going to take 2 hours, I think 1 is adequate. I think if we set it up on the 12th from 2 to 3 for public hearing on the federal revenue and then set up from3 to 5 for the public hearing on the zoning changes, I think that would be a good format for the afternoon. Mrs. Gordon: J. L.- Mayor Ferre: What you are saying is 2 to 3 for the revenue sharing and 3 to 5 for this public - Mr. Plummer: With nothing scheduled after it so if we do run over we don't inconvenience anybody. Mrs. Gordon: It won't do it because I believe we are going to have many people here on the revenue sharing who want to be heard, I think we are going to be surprised probably. Mr. Plummer: Rose, if the people comehere they can speak for 6 hours but if you tell him if they got 1 hour, its amazing what they can get accross in the 1 hour. The Mayor has proved that pretty good. • • Mrs. Gordon: May I make a suggestion gentlemen? If Dr. Bartley can't come, that we work with our own department, with Mr. Reese and Mr. Rothstein on Wednesday afternoon going over these things and then have our public hearing. Mr. Plummer: You can't do that and I will tell you why. You were in attendance yesterday and if I am not mistaken, Father Gibson is going to try to set up the first joint meeting on the llth between the 2 Commissions. Mrs. Gordon: That was depending on the county's feeling on it. Mr. Plummer: That was planned yesterday. Mrs. Gordon: Well Father could you move it to the morning or could we have this work session in the morning. Rev. Gibson: No I will be coming back on that morning. Mrs. Gordon: Well you have to set priorities. Mr. Plummer: Well there's no reason that we can't have a public hearing and a workshop combined. Mrs. Gordon: I'm afraid you won't get through. Mr. Plummer: Well personally if you want my personal opinion. I think if you schedule the zoning from 3 to 5 and then if we run over, we. just run over. Mrs. Gordon: Good idea, how about taking 1 hour for workshop in the morning and then the public hearing in the afternoon? Mayor Ferre: All right. Mrs. Gordon: Workshop 8:30 to 10 and public hearing in the afternoon. Mayor ferre: Now is everybody in agreement on this? We are going to staLt at 8:30 on the 12th and take 111 hours to work on this document and then we are going to have a public hearing in the afternoon. Mr. Reese: You aren't going to be able to post any zoning matters then. Mr. Plummer, No forget it . Mayor Ferre: Maybe you can schedule a few of them. Mr. Reese: Well at 10 0' clock or 10:10, the largest district that we have ever set up for sanitary sewers in the liberty city area and thats what is scheduled for that district at 10 o'clock in the morning. Mayor Ferre: We'll be finished with that in hour to 45 minutes. Mr. Reese: The Revenue Sharing Hearing then is from 2 to 3 . And the Zoning matter is from 8: 30 to 10 for the workshop and a public hearing in the afternoon from 3 to 5. Mayor Ferre: Right. Mr. Southern, I am going to give you for the record what has been sub mitted to me which is a list of people who have signed a petition with regard to the matter we just previously heard about Supper Clubs. I would like to also know when will the public hearing be held? Mr. Plummer: Thats' up to the Zoning Board. Mayor Ferre: We have some of the members. Mr. Martinez, you are the chairman, aren't you? All right, Mr. Simpson - Mr. Simpson: Prior to the AUgust vacation of the Board and Commission, there is only 1 meeting available at the Planning and Zoning Board. That would be July 23rd. 9 JUN 281973 Mayor Ferre: I think these people deserve consideration as quickly as possible. Mr. Simpson: I can take it to the Board at their next meeting on the 9th to initiate the public hearing and schedule it for the 23rd., otherwise it would go over into September. Mayor Ferre: No no. Mr. Martinez, can you hear this. Mr. Mike Martinez, Chairman of the Planning Board: Yes, it would be up to our Executive Secretary bringing it up on the meeting the 9th and we could initiate a public hearing for the 23rd, so we could be hearing it on the 23rd. Mayor Ferre: All right. 25. PRESENTATION BY MARINE COUNCIL- MEEOAST GUARD PROPERTY LOCATED AVIATION AVENUE AND SOUTH BAYSI (ORE DRIVE - USE OF Mr. Plummer: Let me tell the Commission that I was initially approached by the Marine Council representatives about the opening of the Coast Guard Base for additional ramps space for the public to use for boating. I subsequent to that had meetings with Mr. Paul Andre and Mr.John Hagin and we went into some detail as to the use of this facility. Let me bring to the Commission's attention if they are not aware, that existing there today, is a tremendously good, better than average ramp which was used by the Coast Guard for the launching and bringing in of the amphibian airplanes and I feel as well as the Marine Council feels that for a minimum amount of money, this could be opened for additional ramp space which is sorely needed in South Florida. For a short period of time and a short amount of money. The Marine Council are here today, one other point, and that is that there is on the grounds, adequate parking facilities. I briefly touched with Mr. Reese and he raised one flag of caution of which I am in accord and i feel the Marine Council would likewise be in accord and that is that this would be used for the public, that in no way would this be used as a commercial venture, that it would be open to the public. The only other problem that we discussed was the problem of the hours of operation. We went and checked a great number of facilities or we checked into other facilities and the same operation that exists in a great number is from 7 A.M. to 7 P.M. and we were informed that there is no great problem existing with a 7 to 7 operation. Now, Paul, I have taken a great amount of what you want to say but if you have anything to add to that, once your concluded, I have a motion ready to make. Mr. Andre: Commissioner Plummer has completely stolen our thunder so we don't have very much to say except that what he has said indicates exactly the feeling of the Marine Council, the restrictions and con- straints you have voiced, we are in full accord with, certainly should be'for the pleasure of the public and not a commercial venture, we agree 100%. Along that line I would like to take this opportunity to introduce the new president of the Marine Council, Alex Bell. Mr. Plummer: For the record, 1 would also like to include that the study recently done and completed by Russell -Melton and Associates does outline and detail this particular facility for the boat ramp. i am sure where they allocate in there that it should be for 10 ramps at this time will not be feasible but if we can get at least half or 6 or 7 open, it will be a great help at this time. Now do you have anything else to say? Mr. Andre: Just want to thank you. Mr. Plummer: Now Mr. Reese, what I have in mind Sir is to direct the administration to act with all speed to open this facility for the general public, now how do you want that worded? Do you want the allocation of funds? Mr. Reese: The ramp is already there. What I would like very much is that this facility in no way would interfere with the parking that is needed for the recreational purposes that are in there. Mr. Plummer: That's understood SIr. 94 JUN 2 81973 • Mr. Reese: And also, that there will be no chal,,e on this and we will have it posted that if anyone is not in at 7 o'clock and they leave their vehicles there over night and land someplace else, we are going to have the vehicle pulled to the pound rather than to keep it there because this is a standard practice over here at Dinner Key which is not, it has not been enforced but down there, we can't make the same type of parking lot out of it, we have over here. Mr. Plummer: What is done now at the Marine Stadium where we make a charge for the hoist? If a car is left there after 7 o'clock at night is it towed off? Mr. Reese; No Sir, its locked up, can't get out. Mr. Plummer: What would be the objections to the same thing here? Mr. Reese: There is no hoist here at the ramp, but I wouldn;t suggest to the Commission that you would charge for it. We don't charge for the other ramp over here and this piece of land was given to this City for the sole purpose of recreational purposes and under no cond- itions would put up any strains that would be discriminatory. Mr. Plummer: Mr. Reese in no way do I have any intention of inferring that there would be a charge made but to me if the persons did not get back in by 7 o'clock, it seemed like to me the worse penalty should be that they can't get their car and trailer until the next morning at 7. Mr. Reese: That's all. Mr. Plummer: Well you said have it towed away. Mr. Reese: You cant stow it there, thats' the difference and as long as this :.is posted, nobody should have any hard feelings about it. Mr. Plummer: Well Mr. Reese I don't agree with you Sir. Let me tell you, I have been out and have caught hell more times than once because I told my wife I would be back at 7, you get out there, have trouble with your boat or you have some weather problems or something like that. Well Mr. Reese, I won't argue with you about golf if you won't argue with me about boating. I have been out in the middle of that gulfstream, 15 minutes its flat as glass and the next minute I thought I was;in a hurricane. I can't go along with that. I think that its penalty enough of a man having to leave his car and trailer there on the premises until 7 o'clock the next morning is reasonable but to tow his car off is unreasonab Mrs. Gordon: It could happen somebody might decide to take a weekend out on a boat and leave the car there and you are looking for problems unless you post it. Of course, there are always circumstances that could make them be detained. Mr. Plummer: Let me see if I can make a motion that maybe Mr. Reese can live with. I've never yet made one he could totally live with but I try to strive for 80%. Mr. Reese: Mr. Plummer, please, lets get one thing well understood It isn't a matter of the way you live with it or don't live with it or the Manager lives with it, but this deed which is policed by G.S.A. is very very explicit of what and how this land was turned over to the Cit y. Mr. Plummer: Fine Sir. Mr. Andre: Let me interrupt a minute if I may. I think we of the Marine Council are completely familiar with this lease and the cir- cumstance under which it was awarded and in fact we are very happy to say we had a fairly decent part to see that this property was awarded to the City instead of the University. Restraints are required, certainly so, but they have to be tempered with reason. If the same thing applies to the ramp we have down here the same rules that apply at this ramp should be uniform throughout the City. Enforcement or lack of enforcemrnt shouldbe uniform so - Mr. Plummer: Paul you aren't all right there but I appreciate your comments. 95 JUN 2 81973 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-496 A RESOLUTION DECLARING THE POLICY OF THE COMMISSION THAT THE CITY MANAGER PROCEED AS EXPEDITIOUSLY AS POSSIBLE WITH THE OPENING OF THE BOAT LAUNCHING RAMPS AT THE FORMER COAST GUARD BASE FOR USE BY THE GENERAL PUBLIC AT NO CHARGE, THE HOURS OF OPENING TO BE FROM 7:00 O'CLOCK A.M. TO 7:00 O"CLOCK P.M. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 26. PERSONAL APPEARANCE - ERNY FANNOTTO RE: FILLING OF VACANCIES W11TO N THE UNCLASSIFIED SERVICE OF THE CITY OF MIAMI M'r.' Fannotto: Honorable Mayor and Gentlemen of the Commission and Mrs. Gordon, Erny Fannotto is my name and I am President of the Taxpayers League of Miami and Dade County. Now the subject matter is to pass a resolution amending the City CHarter of the Clty of Miami whereby if a vacancy shall occur within the unclassified service, said position shall be filled within the ranks of which the said vacancy occurs. Now the basic purpose of that is, lets give our respect to our department. Gentlemen if you want respect from your employees in your department, you have to give it and anytime you take an outsider and put him at the top of the department and deprive the next man of getting that promotion, what you are doing is preventing all the people in the unclassified positions to get that pro motion, not only in rank and honor but in money. Now lets start with the Chief of Police here which we hired. Now just a minute - Mayor Ferre: Are you going to go through everybody in the City? Mr. Fannotto: No I am not Mr. Mayor because he comes from out of town and we had a good local man, Mr. Hadley but lets start from here. When he retired - Mayor Ferre: Headley. You have the Headley's and the Hadleys mixed up. Mr. Fannotto: A11 right when he was hired, all the local people were mad and I mean plenty mad and you had a lot of disharmoney within that police department and you still got it. Now, you are going to do the same thing if you continue to keep this here ordinance here and I think its bad practice. Let me give you a little illustration of what is going to happen here in the very near future. Mr. Rothstein and I hope he doesn't leave. I think he is a very top notch City Attorney but if he leaves, you are going to make an appointment and if you had a Commission that is politically minded, they will hire somebody from outside in the unclassified rank and put him in there and that will keep some of these other people from moving up. Mr. Plummer: Mr. Fannotto, let me Sir for your clarification . That is one of the peroggatives of hiring of the COmmission. Mr. Reese does not hold that peroggative. 96 JUN 2 81973 • • Mr. Fannotto: Well I just said, you folks were going to do the hiring. Mr. Plummer: We do, and the City Attorney sir. Mr. Fannotto: Now if you do that there, you bring an outside man in, what are you doing? You are depriving a man with a couple , thats been here for 12 or 15 years of continuous faithful service of getting that promotion and if you want to keep the morale of depart- ments high, give them respect and they will give you respect and if you want to hire outside people and deprive them of money and honor, you can go on - Mayor Ferre: Erny you have made a valid point but we have a long agenda. Mr. Fannotto: I am not quite through yet. Mayor Ferre: How much longer are you going to take? Mr. Fannotto: I supposed I had 5 minutes, I don't know. Mayor Ferre: Under the charter you have 5 minutes and I can cut you off in 5 minutes. Mr. Fannotto: You can cut me off anytime you want to Mayor. Mayor Ferre: No I won't do that but tell me how much longer - Mr. Fannotto: I will be through in about a minute and ahalf. I do want to say Mayor, its a serious business when you take bread and butter away from people who are in each department and if you want to act as a political body, as Mayor and Commissioners, and make outside appointments and prevent these people from getting appointments, then go on and hire the way you have been doing but if you want to do what is fair and be business and hire within the ranks, then you are being fair to loyal and faithful employees who have been in the service and not out of towners who come in here and take their jobs and that's just about it. I would like to hear an expression from the Commission. Mayor Ferre: I am going to tell you my feeling on it. I think that you are absolutely right when you say that we should always give first consideration to people within the City of Miami for the appointment of any vacancies in the unclassified service. I for one, have gone on record in the past and go on record again today and will in the future, that if we have qualified people within the ranks of the City of Miami, they should, we should reach and go out of our way to give these people the opportunity, however, I do not think that we should change the charter so that it is absolutely that way because if we do that, then we could deprive ourselves of the services of people that have high prcfessional skills that may be needed and may not be available within the ranks, so its a matter of policy and I certainly am willing to go on record and vote on a matter of policy to always try to give the first chance to our local people within the city structure. Mr. Fannotto: Well I would like to see you make that motion Mr. Mayor and go on record. I think it would be a step in the right direction. Mr. Reese: Mr. Mayor, may I make an observation? That motion isn't necessary because experience dictates what has taken place. Mayor Ferre: I think that's true. Mr. Reese: You go right down this Pan American Drive here and see where the department heads came from. Go to sanitation, go to the building - Mayor Ferre: The only exception Mr. Reese is the police chief, everybody else has come from within the - Mr. Reese: No, the director of parks as well. 97 JUN 281973 Mr. Fannotto: Well Mr. Mayor, I would just like to conclude and take a minute. Let me tell you I think Mr. Reese is the finest Manager in Dade COunty. But I think when Mr. Reese hired the Chief of Police from out of town, and when Dade COunty hired the Sheriff, we got first in crime in Dade County and we got fooled by out of towners. Couldn't the local people have done a better job? I think they could. Mr. Reese: Mr. Mayor, lets not argue on the merits of the Police Chief, lets look at the facts. When this vacancy existed, the City Commission went along with a recommendation that we hire the International Police Chief's Association to set up an examination and an interviewing process, which they did. The local people, they even dropped the age requirements so the local people could participate in it and they went through it. It ended up that the best qualified man for the job was not in the local position. Mr. Fannotto: And what did we get? First in crime throughout the country. Mrs Gordon: Erny, Erny I have to say something. Rev. Gibson: Mr. Mayor - Mayor Ferre: Listen I am not going to hear anybody else because - Mrs. Gordon: No I just think it was a little unjustified attacking - Mayor Ferre: It was unjustified Erny. Mr. Fannotto: If you think it was unjustified, I will apoligize but its the truth. We have lead in crime for 3 years. Mayor Ferre: Now Mr. Fannotto, we have listened and I have expressed my opinion. Anybody else is welcome to express their opinion, if not we are going to go on. Come back again and we will talk about it at another time. Mr. Fannotto: I was hoping that you would go on with your. resolution. Mayor Ferre: You have me on record. I have said on the record that I think we ought to hire from within the City of Miami, everytime possible. 27. ALLOCAIE $25.Q00 FROM HIGHWAY BOND FUND- [MIAINTAIN PAVEMENT AT STREET INTERSECTIONS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-497 A RESOLUTION ALLOCATING $25,000.00 FROM THE HIGHWAY BOND FUND TO COVER THE COST OF MATERIALS USED IN MAINTAINING THE PAVEMENT AT STREET INTERSECTIONS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 98 JUH 2819 • 28, ACCEPT EASEMENT - WILLARK HOUSE S.A. SANITARY SEWER IN BISc�Ya I ISLAND ES UBDI V I SI ON 3 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-498 A RESOLUTION ACCEPTING THE EASEMENT EXECUTED BY THE WILLARK HOUSE - S. A. TO LAY AND MAINTAIN A SANITARY SEWER IN THE EAST TEN (10) FEET OF LOT 50, BLOCK 1, BISCAYNE ISLAND RESUBDIVISION (40-34); AND DIRECTING THE PROPER OFFICIAL OF THE CITY OF MIAMI TO RECORD SAID GRANT OF EASEMENT IN THE PUBLIC RECORDS OF DADE COUNTY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Reboso, Plummer, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 29, ACCEPT PLAT - FLAGLER MEMORIAL PARK SECTION 12 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-499 A RESOLUTION ACCEPTING THE PLAT ENTITLED FLAGLER MEMORIAL PARK SECTION 12, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE DEDIC ATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 99 • • 30, ORDERING RESOLUTION - SHENANDOAH HIGHWAY IMPROVEMENT SECTION A & B The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-500 A RESOLUTION ORDERING SHENANDOAH HIGHWAY IMPROVEMENT SECTION .', H-4362; DESIGNATING THE PROPERTY AGAINST WHICH SPEECIAL ASSESSMENT SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS SHENANDOAH HIGHWAY IMPROVEMENT DISTRICT, SECTION A, H-4362; AND ALLOCATING THE SUM OF $2,000.00 TO COVER PRELIMINARY COSTS (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 Ferre. NOES: None The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-501 A RESOLUTION ORDERING SHENDOAH HIGHWAY IMPROVEMENT, SECTION B, H-4365; DESIGNATING PROPERTY AGAINST WHICH SPECIAL ASSESSMENT SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS SHENANDOAH HIGHWAY IMPROVEMENT DISTRICT, SECTION B, H-4365; AND ALLOCATING THE SUM, OF $1,000.00 TO COVER PRELIMINARY COSTS (Here follows body of resolution omitted here and on file in the City CLerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 160 j JUN 281973 • • 31, ACCEPT COMPLETED_WORK - ABC DEMOLITION-D0W1JOWN GOVT.CENTER PHASE I The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-502 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY ABC DEMOLITION CORPORATION AT A TOTAL COST OF $42,100; AND AUTHORIZING A FINAL PAYMENT OF $4,210 FOR THE DOWNTOWN GOVERNMENT CENTER - BUILDINGS DEMOLOTION - PHASE I (Here follows body of resolution, omitted here and on file in the City Clerks Officel Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 32, DISMISS APPEAL - CITY OF MIAMI VS. HARRY LENCHNER The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-503 A RESOLUTION DIRECTING THE CITY ATTORNEY TO DISMISS THE APPEAL FILED BY THE CITY OF MIAMI, IN THE DISTRICT COURT OF APPEAL, THIRD DISTRICT, STATE OF FLORIDA, IN RE: HARRY LENCHNER v. CITY OF MIAMI, ET.AL. CASE NO. 73-681 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 101 JUN281973 4IP 410 33, REYJEK OF BIDS -DISON PARK TEEN CENTER- PROJECT #y9 16 CAP IMP. PRG Mayor Ferre: You have patiently awaited this. Ms. Eisenberg: Annette Eisenberg, we are here to ask the City COmmission. We are here to beg the City Commission to please recon- sider these bids and allow construction of this new center now. Bids have been put out 2 times and each time they come back higher. We feel that with the cost of inflation, that the bids are going to come in higher and higher but more important, we went to our young people and said we were going to break ground in May and there is no chance of that now especially if the bids have to go out again. We realize its a bit more money but when we started this project, about a year ago, we had no indication that the costs were going to be as they are now. This is under the Parks Bonds program. We,also know that perhaps there will be money from other projects that are not going to need as much as you have allocated. I received these plans at a parks meeting recently and I see that in the future you have some grandiose plans for Edison Park which we are thrilled about. It includes acquisition of land and many many more improvements but right now the Teen Center is the important thing. The Teen Center is necessary. Its the only facility of its kind that we will have in our area. It can also be used and double as a day-care center and we ask the Commission to please reconsider and allow us to give the bid and allow construction. I have asked Mr. Pancoast if he would be good enough to come because he can tell you the technical aspects of it, what the rising costs are, what the bids are and inasmuch as you made tomorrow Bill Duncan Day, you can't really refuse him can you? Mayor Ferre: All right Mrs. Eisenberg, Mr. Reese? Mr. Reese: Mr. Mayor, when this project was first started, Mr. Pancoast was given a commission to design within $170,000. When the first construction estimates came in, it was $190,000 so on the Edison Center and Mr. Pancoast's recommendation, the bid, the amount of money then allocated was $225,000. The first bid that came in, came in at $239,277 and then we had a discussion of changing and creating some alternates, put it out again and it came in at $242,248 but it doesn't reflect inflation costs as much as we are only getting one bidder each time. This is the part that is very troublesome. Mayor Ferre: Can't we get more people to bid? Mr. Reese: So I want to put it out for bid and we will have the bids in on July llth but when we put it out this time, we are going to call the contractors that fall within their operation of this type of a job. There is lots of contractors that operate with projects under $700,000 that are not sophisticated enough in their operation to the extent of making sure that they get every bid notice, interested in bidding it etc., although, we send them the notice but they don't exercise their peroggative of coming in and picking up the plans. So, what we are going to do this time is put it out for re -bid and as soon as we sendout the notices, call them, these people to see if they are interested enouch to come in and get the prints and look at it and bid on it and in order to get more bidding on this project. For some reason, even at $242,000 by the time all the other costs that go into this structure are put in, we are now talking about a facility that will represent a gross cost of $293,448. because this $293,000 includes the structure that is going to have to be furnished and equipped as well as all of the fees that go to pay for this operation. That is why I suggested that we go ahead and put it out and advertise and get the bids in on the llth and see if its right or wrong. Mayor Ferre: All right would you bring this matter up before this Commission then on the 12th. Mr. Reese: It will be here on the 12th either to award it or not to award it. Mayor Ferre: That looks like the earliest. Mr. Pancoast do you want to say something about this? 104 JUN 281973 • Mr. Lester Pancoast, Architect: Well there are always reasons in an inflationary time why prices get out of control and I won't bore you with more than 2 very quick ones. Steel went up violently during our second bidding. This is one of the problems of re -bidding today, that' prices go up up in jumps. Nixon had his Phase II controls when we did our original estimate and so hopefully we thought things would be under control. They are notoriously up and construction jumped. We had $25,000 proposed from H.U.D. which was to help us with the budget so all of this was part of our consideration. Whether it should have been or not, 'it was. In any case we have gone through bidding the second time now and by taking out a lot of alternates, really slashing the project as much as we could, we reduced our costs $2,000. One man had bid each time in good faith. The 3rd time, he is not going to even bother to bid. I have an awful feeling we are going to lose our only bid but that may not be the case and I have to say that the City Manager may have a point that we could talk more contractors into it. On the 2nd bidding, I took my chance to call a lot of contractors to see if they were interested. They were not. The construction industry is loaded and for the next month or two, it doesn't look as if its going to be any other way. mrs. Gordon: May I ask a basic question? How much difference are re speaking in actual dollars of what we were willing to let it go out as and what it is? What are we tacking about? Mr. Reese: We started out at $170,000. This was the budget and Mr. Pancoast took the job on that basis. Mr. Pancoast: That is true. Mr. Reese: Now we are up to $293,000. Mr. Pancoast: That is true also but a lot of time has lapsed in between the 2 things and this is happening in construction everywhere. Mrs. Gordon: The last mans bid, whoever he was, what was it, how much? Mr. Pancoast; Well the City decided that it could afford $212,000 maximum for this project. Mrs. Gordon: And his was how much? Mr. Pancoast: The bid came in at 222, I think it was. • Mrs. Gordon: 10,000 then? Mr. Reese: The first bid? Mr. Pancoast: No the second bidding now. Mrs. Gordon: I am talking about the last bid. Mr. Reese: He came at 242, the second bidding. The first bid was 239, the second bid was 242. Mr. Pancoast: Oh you are including the alternates and I am taking the alternates out, that's the difference in our figures which I presume we do, otherwise we wouldn't have had them in there as alternates to begin with. Mrs. Gordon: Are .we going to be using it with alternates or not? Mr. Pancoast: Well I suggested that the project is important in terms of getting it underway, therefore I would do it without alternates but thats- Mr. Reese: I would strongly recommend we don't, I would not recommend to the Commission we get into that box. That's like starting to build a house without a roof on it. All you are doing is buying the house with the roof. Mrs. Gordon: What I am trying to say and what I am thinking in my mind is by the time we get back the next set of bids, they will go up 10% in cost and so it will cost us more than that from what we are talking about now as a differepce. At least I think that is what might happen. 106 JUN281973 • Mr. Reese: That is a risk you always take. Mayor Ferre: You are talking about an additional 9 working days before you get the next bid. 9 working days. Mr. Reese: July llth, the bid would be in. Mayor Ferre: And I recommend that you wait the 9 working days and see what the bid is going to be at that time because the alternate to that is to accept a bid which has been unacceptable up until now, unless you just want to accept it and thatsnot your recommendation. Mr. Reese: I can't recommend it. Mrs. Gordon: Do you really think in 9 days, we can have these bids? Mayor Ferre: That is what he said, its already out for bid. Bids will be taken on July llth and Mr. Reese says he has been diligently searching and Mr. Pancoast, I think you ought to help in that. Mr. Pancoast: I have mr. Mayor, I have. Mayor Ferre: And get as many contractors - Mrs. Gordon: What happens if they are all higher than this man's can we go back to this one? Mr. Pancoast: No, the way I read it right now is that we could lose our only bidder but that may again be a reason for not doing anything, its hard to judge. Mayor Ferre: Its 6:30, shall we move one way or the other on this? Mr. Duncan? Mr. Duncan: I just want to say I hope that the building of this building will not be put aside. There is far more at stake in this building than you realize. You are asking children within the inner city everyday to compete with those in the suburbs. The concept of this building was to give the kids in the inner city }the same sort of facility as they would have in Miami Shores or any part of suburbia and unless we can do something so the children, students of high-school age growing up, realize they are getting a fair deal, then we are going to continue violence, striking at the only objects which are the objects of suburbia which the kids can find because they can't hit me or the policeman or somebody else and so I would charge not that you immediately approve this as your City Manager has probably wisely proposed, but I would also like to charge the Commission and the City Manager to find a way to build the building and to not drop it under any subterfuge of delay or anything else. I think this is a very vital thing for our part of the City and I am perfectly willing to go along with getting lower bids. We Haven't been able to do it. We have had a higher bid because of the fact that there was a delay but at the same time, this concept and cutting away at this concept to do something else, would destroy something which is really going to help the City of Miami. Mayor Ferre: You have our pledge that this matter is going to be brought up to this Commission on July 12th and if at all humanly possible, we are going to act. 10 JUN 281973 Ilk 34, DISMISS APPEAL - CITY OF MIAMI v. TEACHOUT CASE No 73-309 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION N0. 73-504 A RESOLUTION DIRECTING THE CITY ATTORNEY TO DISMISS THE APPEAL FILED BY THE CITY OF MIAMI IN THE DISTRICT COURT OF APPEAL, THIRD DISTRICT, STATE OF FLORIDA IN RE: CITY OF MIAMI, ET AL. VS. TEACHOUT, CASE NO. 73-309 ;H..re follows body of resolution, omitted here and on file the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 35. FEDERAL GRANT APPLICATION - HUD ,, The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-505 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A FEDERAL GRANT APPLIC- ATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT IN THE ADDITIONAL AMOUNT OF $55,000 TO INITIATE A PROJECT ENTITLED "INTEGRATED MUNICIPAL INFORMATION SYSTEM FOR THE CITY OF MIAMI" AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CON- TRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THE PRO- JECT UPON RECEIPT OF THE GRANT (Here follows body of resolution, o-mitted here and on file in the City Clerks Office) Upon being seconded by Mv. Plummer, the resolution was passed and adopted by the following ote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 105 • • 36. FEDERAL GRANT -r LABOR RELATIONS OFFICER The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-506 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF AN INTERGOVERNMENTAL PERSONNEL ACT OF 1970 FEDERAL GRANT APPLICATION IN THE AMOUNT OF $22,500 TO INITIATE A PROJECT ENTITLED "LABOR RELATIONS OFFICER"; AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THE PROJECT UPON RECEIPT OF THE GRANT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolutionwas passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 37. AMEND RES.73-200 REDUCING RATE OF BAYFRONT PARK AUDITORIUM FOR MUSIC EDUCATION. FESTIVALS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-507 A RESOLUTION AMENDING RESOLUTION NO. 73-200 WHICH GRANTED THE USE OF BAYFRONT PARK AUDITORIUM AT A REDUCED RATE BY THE DADE COUNTY PUBLIC SCHOOLS FOR MUSIC EDUCATION FESTIVALS ON APRIL 25-26, MAY 14- 17 AND MAY 22-24, 1973, BY INCLUDING THE DATE OF MAY 21, 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, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None loE) JUN 281973 • • 38. RENEW AGREEMENT WITH_ ANDY FRAIN FLORIDA INC.-CROWD CONTROL SERVICES AT ORANGE $OWL STADIUM The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-508 A RESOLUTION OF THE CITY OF MIAMI EXERCISING ITS OPTION TO RENEW FOR AN ADDITIONAL SEASON ITS AGREEMENT WITH ANDY-FRANK FLORIDA INC., TO FURNISH CROWD CONTROL SER- VICES AT THE ORANGE BOWL STADIUM FOR THE 1973-1974 MIAMI DOLPHIN FOOTBALL SEASON, BEGINNING AUGUST 1, 1973 AND ENDING JANUARY 31, 1974, AT THE SAME RATES AS 'ESTABLISHED FOR THE 1972-1973 SEASON; AUTHORIZING AND DIRECTINT THE CITY MANAGER AND CITY CLERK TO EXTEND THE OPTION OF THE EXISTING AGREEMENT IN ORDER TO EFFECTUATE THIS RESOLUTION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 39, STIPULATION FOR DISMISSAL UNIVERSAL HOME PRODUCTS VS,CITY OF MIAMI. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-509 A RESOLUTION AUTHORIZING.AND DIRECTING THE CITY ATTORNEY TO ENTER INTO A STIPULATION FOR THE DISMISSAL OF THE CASE OF UNIVERSAL HOME PRODUCTS, INC., v CITY OF MIAMI, DADE COUNTY CIRCUIT COURT NO. 69-4677 IN ACCORDANCE WITH THE STIPULATION FOR DISMISSAL 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. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 10'i JUN 281973 • • 40, CLAIM SETTLEMENT - WALTER POSTULAAATTY FOR DAVID ARRMASTWNSMART. AN EARNESTINE The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 73-510 A RESOLUTION. AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WALTER POSTULA, ATTORNEY FOR PLAINTIFFS EARNESTINE BROWN, DAVID SMART AND DONALD SMART, WITHOUT THE ADMISS- ION OF LIABILITY, THE SUM OF $250.-00 IN FULL AND COMPLETE SETTLEMENT OF THEIR CLAIM AGAINST THE CITY OF MIAMI FOR ALLEGED PERSONAL INJURIES AND DAMAGES SUSTAINED BY PLAINTIFFS, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DAMAGES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following .vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 41, AEEROPRIATE $15,000 TO RECONDITION PUBLICITY OFFICES The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-511 A RESOLUTION APPROPRIATING $15,000 FROM THE CONTINGENT FUND TO BE ESTABLISHED IN A SPECIAL ACCOUNT FOR THE MATERIALS AND CERTAIN WORK REQUIRED TO RECONDITION THE PUBLICITY OFFICES, SAID APPROPRIATION TO BE REIMBURSED FROM THE CITY'S FIRE INSURANCE CLAIM FOR DAMAGES SUS- TAINED TO THE PUBLICITY OFFICES (Here follows body of resoluttn, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 106 JUN 281973 42, The following resolution was introduced by Mrs. Gordon who moved its adoption: l RESOLUTION NO. 73-512 A RESOLUTION AMENDING RESOLUTION NO. 73-427 ENTITLED "A RESOLUTION ORDERING NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT SR-5383-S (sideline sewer) AND pES- IGNATING THE PROPERTY AGAINST WHICH SPECIAL ASSESS- MENTS SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS NORTH BAYSHORE DRIVE SANITARY SEWER IMPROVEMENT DIS- TRICT SR-5383-S (sideline sewer); AND ALLOCATING FUNDS" TO DELETE FROM THE TITLE THERE OF THE WORDS "AND ALLOCATING FUNDS" AND TO INCLUDE IN SECTION 1 OF SAID RESOLUTION THE PROVISION FOR INSTALLING LATERALS, MAN- HOLES AND OTHER APPURTENANCES AS SPECIFIED HEREIN (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 43, ALLOCATE $2,520 FOR INCINERATOR PARKING LOT FENCING The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 73-513 A RESOLUTION ALLOCATING $2,520 TO COVER THE COST OF THE PROJECT ENTITLED "INCINERATOR PARKING LOT FENCING" AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER 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, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 103 • 44, ACCEPT BID 1000 COPIES OF COMPREHENSIVE ZONING ORDINANCE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-514 A RESOLUTION ACCEPTING THE BIDS RECEIVED JUNE 21, 1973 OF CENTER PRINTING CO., INC. FOR FURNISHING TO THE PLANNING DEPARTMENT OF THE CITY OF MIAMI, 1,000 COPIES OF THE FULL TEXT OF COMPREHENSIVE ZONING ORDINANCE NO. 6871 AT A TOTAL COST OF $4,940.00 AND OF DOBBS BROS. LIBRARY BINDING CO., INC. FOR FURNISHING 1,000 BINDERS FOR SAME AT A TOTAL COST OF $4,000.00; ALLOCATING THE SUM OF $8,940.00 FROM THE CONTINGENT FUND FOR THE PRINTING AND BINDERS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO CAUSE PURCHASE ORDERS THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 45, AWARD BID - BISCAYNE EAST HIGHWAY IMPROVEMENT H-4357 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 73-515 A RESOLUTION AWARDING THE BID RECEIVED JUNE 14, 1973, OF MARKS BROTHERS COMPANY ( NOT INC.) IN THE ESTIMATED AMOUNT OF $193,310 FOR THE BISCAYNE EAST HIGHWAY IMP- ROVEMENT H-4357 IN BISCAYNE EAST HIGHWAY IMPROVEMENT DISTRICT H-4357; ALLOCATING THE ADDITIONAL AMOUNT OF $137,897 FROM THE "HIGHWAY GENERAL OBLIGATION BOND FUND" AND ALLOCATING $75,610 FROM THE "STORM SEWER BOND 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 Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. ROES: None 1 i JUN 2 81973 • • 46, STATEMENT BY CITY ATTORNEY REGARDING REVISED ELECTION LAWS OF THE STATE OF FLORIDA Mr. Rothstein: Mr. Mayor, I just passed out a copy of a memorandum which I just forwarded to Mr. Southern. He made an inquiry to me about the applicability of the newly enacted State Legislative law Section 10 of House Bill No. 466 and I have advised him that the Florida Statute takes precedence and controls over the City Code of the Clty of Miami and the Statute does apply to the forthcoming race for Mayor and City Commission in November and under our system of a First Primary and then a General Election, it would be: $15,000 spent for the First Primary $25,000 spent for the General Election Of course, if there is a successful victory of more than a majority in the Primary, there is no General Election. Mayor Ferre: Do you need any action on this? Mr. Rothstein: No I just wanted to advise you. 47, CONTROL OF OBSCENITY IN THE CITY OF MIAMI - DETERMINE METHODS Mayor Ferre: You have before you a resolution(read title) This is a matter that I requested the City Attorney to draft and what it simply does is it instructs both the Manager and the Attorney to make a study to see what if anything has to be done to comply with the recent Supreme Court decision. So Father Gibson, you have the gavel and I make the motion. The following resolution was introduced by Mayor Ferre who moved its adoption: RESOLUTION NO. 73-516 A RESOLUTION INSTRUCTING THE CITY MANAGER AND CITY ATTORNEY TO MAKE A STUDY TO DETERMINE WHAT NEEDS TO BE DONE BY WAY OF ORDINANCE PASSAGE OR REVISION AND BY WAY OF ENFORCEMENT METHODS OR PROCEDURES TO PRO- PERLY CONTROL OBSCENITY IN THE CITY OF MIAMI IN LIGHT OF THE RECENT SUPREME COURT OF THE UNITED STATES DECISION WHICH HAS ESTABLISHED NEW RULES REGARDING (1) THE CONSTITUTIONALITY OF OBSCENITY LAWS AND (2) THE PROSECUTION OF OBSCENITY CASES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Reboso, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Reboso, Mrs. Gordon, Reverend Gibson and Mayor Ferre. NOES: None 111 JUN 2 81973 48, cOMUDABON TO MR. JOHN LLOYD. ASSISTANT LNG _ tucl auF_LE STATEMERLY THE CITY ATTORNEY Mr. Rothstein: I would like to take this opportunity to advise the Crnumission of the great job that Mr. Lloyd with the assistance of Mr. Rosenberg of the Department have done in the case of: HUGGINS vs. THE CITY OF MIAMI If you will recall in the Huggins case, the City v:ns sited ;"or cv,Jr 2 million dollars on a crippling case and there was a denial of insurance coverage. Mr. Lloyd proceeded to sue the people involved and Judge Schwartz just recently ruled, last week, that: i:e have the insurance coverage so this will limit our exhosurto $SO,Otuj in a case that will go very very high. I think Mr. Lloyd is to be greatly congratulated. Mayor Ferre: Thank you very much Mr. Rothstein for b ci u t : ;i:f t. t O J<<,- attention and you are congratulated. I am sure I speak for everyone on the City of Miip, Tor. Lloyd. ADJOURNMEtlT: There being no further business to come CitY Commission, the meeting was adiourned at: 6:50 OCLOCK P.M. this data, t.?au k c e MAYOR ATTEST: H. D. Scuthe to CITY CLERK Rafph G. Ongie ASSISTANT CITY CLERK c:ii Y ci F MiAM.I DOCUMENT INDEX ITEM NOa DOCUMENT IDENTIFICATION 1. 2. 3. 4. 5. 6. 7. 8. 9. 12. 13. 14. 15. 16. 17. MEETING DATE: JUNE 28, 1973 COMMISSION AGENDA & CITY CLERK REPORT (10 pgs) DADE COUNTY COMMISSION ON THE STATUS OF WOMEN - URGING FEDERAL REVENUE SHARING FUNDS. ACCEPT REPORT - MAYOR'S COMMITTEE ON PARKS AND RECREATION. EXPRESING DESIRE - NONE OF DADE COUNTY BOND FUND ALLOCATED FOR PARK PURPOSES BE USED FOR IMPROVE- MENTS OF ORANGE BOWL STADIUM. URGING DADE COUNTY COMMISSION DEVOTE % OF PARK BOND FUNDS. APPRECIATION TO MR. MORTY FRIEDMAN AND THE MEMBERS OF THE INTERNATIONAL FOLK FESTIVAL COMMITTEE. CONDITIONAL USE - PERMIT CONSTRUCTION OF SEAFOOD PROCESSING PLAT, LOT 14, 15, 25, 26, 27 AND 28 BLK. 4.- 950 N.W. 21st. TERRACE. GRANTING PERMANENT WAIVER - OFF-STREET PARKING SPACES - LOT 1, BLK. 2 - LOTS 1, 2, AND 3, BLK. 3 - 360 N.W. 22nd LANE. CONDITIONAL USE - PARKING GARAGE - LOTS 38 AND 39, BLK.B, FT.DALLAS PARK - 150 S.E. 4th ST. AMEND RESOLUTION NO. 43091 - HOLIDAY INN BLDG. CONDOLENCES - FAMILY OF THE LATE ROBERT A. RICHMOND. PROPOSED MIAMI RIVER AUTHORITY - REPORT AND RECOMMENDATION. CITY OF MIAMI PLANNING DEPT. JOINTLY METROPOLIT DADE COUNTY PLANNING DEPT. - RIVER ZONING DISTRICT. RENDER PAYMENT - EDWARD D. STONE, JR. AND ASSOCIATES, ARCHITECTS. AUTHORIZE - REIMBURSE VICE -MAYOR REVEREND THEODORE GIBSON GRANTING FREE USE OF SLIP AT WATSON ISLAND MARINA. NOTICE OF PUBLIC HEARING - HOURS OF SALE OF ALCOHOLIC BEVERAGES FOR SUPPER CLUBS.(DIARIO LAS AMERICAS) COMMISSION 1 RETRIEVAL ACTION CODE NO. R-73-469 R-73-470 R-73-473 R-73-474 R-73-477 R-73-479 R-73-480 R-73-482 R-73-483 R-73-484 R-73-485 R-73-486 R-73-490 R-73-492 R-73-494 0049 73-469 73-470 73-473 73-474 73-477 73-479 73-480 73-482 73-483 73-484 73-485 73-486 73-490 73-492 73-494 0050 !'DOCUMENTi: N DEX :1_ CONTINUE ITEM N0. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31 32 33 34 35 36 37 38 DOCUMENT IDENTIFICATION ALLOCATING FEE - HIGHWAY BOND FUND - PAVEMENT AT STREET INTERSECTIONS. ACCEPT EASEMENT - WILLARK HOUSE - MAINTAIN SANITARY SEWER, BISCAYNE ISLAND. ACCEPT PLAT - FLAGLER MEMORIAL PARK. ORDERING SHENANDOAH HIGHWAY IMPROVEMENT SECTION A, H-4362. ORDERING SHENANDOAH HIGHWAY IMPROVEMENT SECTION B, H-4365. ACCEPT COMPLETED WORK ABC DEMOLITION CORPORATIOb - DOWNTOWN GOVERNMENT CENTER - PHASE I. DISMISS APPEAL - HARRY LENCHNER v. CITY OF MIAM] ET AL, CASE NO. 73-681. DISMISS APPEAL - CITY OF MIAMI, ET AL. vs. TEACHOUT, CASE NO. 73-309 FEDERAL GRANT APPLICATION - DEPT, OF HOUSING ANE URBAN DEVELOPMENT - INTEGRATED MUNICIPAL INFOR- MATION SYSTEM FOR THE CITY OF MIAMI PROJECT. FEDERAL GRANT APPLICATION - "LABOR RELATIONS OFFICER PROJECT". AMEND R-73-200 - DADE COUNTY PUBLIC SCHOOLS FOR MUSIC EDUCATION FESTIVALS. AGREEMENT WITH ANDY-FRAIN-FLORIDA, INC.-FURNISH CROWD CONTROL AT ORANGE BOWL. AUTHORIZE CITY ATTORNEY DISMISSAL CASE OF UNIVERSAL HOME PRODUCTS INC. CLAIM SETTLEMENT-WALTER POSTULA - 4 EARNESTINE BROWN - DAVID SMART - DONALD SMART APPROPRIATING FROM CONTINGENT FUND -TO RECONDITI;N THE PUBLICITY OFFICES AMEND RESOLUTION NO. 73-427-NORTH BAYSHORE DRIVP SANITARY SEWER IMPROVEMENT SR-5383-S ALLOCATING $2,520 TO COVER THE COST OF THE PROJECT ENTITLED "INCINERATOR PARKING LOT FENCING" ACCEPT BID -CENTER PRINTING CO INC.-TEXT OF COMPREHENSIVE ZONING ORDINANCE NO.6871 ACCEPT BID -MARKS BROTHERS COMPANY -IMPROVEMENT BISCAYNE EAST HIGHWAY INSTRUCTING CITY MANAGER AND CITY ATTORNEY - STUDY METHODS CONTROL OBSCENITY AMEND ARTICLE VI OF CHAPTER 34=PROVIDING THE LIGHTING OF PUBLIC AND PRIVATE PARKING LOTS PAGE # 2 COMMISSION RETRIEVAL— _ ___ACTION R-73-497 R-73-498 R-73-499 R-73-500 R-73-501 R-73-502 R-73-503 R-73-504 R-73-505 R-73-506 R-73-507 R-73-508 R-73-509 R-73-510 R-73-511 R-73-512 R-73-513 R-73-514 R-73-515 R-73-516 comm. .73-497 73-498 73-499 73-500 73-501 73-502 73-503 73-504 73-505 73-506 73-507 73-508 73-509 73-510 73-511 73-512 73-513 73-514 73-515 73-516 0051 c.•ry car-