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HomeMy WebLinkAboutCC 1973-10-19 Marked Agenda9:00 A.M. CITY COMMISSZON MBET1NG CITY HALL.- DINNER XEY OCTOBE t 10, 19 3 1. Pledge of Allegiance 2. Reading of the Minutes oo76" (7-0 rate') PRESENTATIONS AND PR0CLAMA7LONS 3. Presentation of Plaque to Judge John Gale, Circuit Court Judge. 7. Presentat conclusi Internati n to Chief L. L. Kenney on the ffice as President of the f Fire Chiefs. Presentation of Plaques to Detectives Gerald Green and Walter Clerke, winners of the "Parade -IMP Police Service Award" for 1973. Presentation of the Optimist Youth Parade Proclamation. Presentation of Resolution of Appreciation to Mr. Dan Paul, Chairman of the Mayor s Advisory Committee on Revenue Sharing. Presentation of Comme►dations to representatives of Sears, Roebuck & Co., Deel Ford and Food Fair. 9• River Walkway and Parr, System, presentation of plan by Downtown Developmeit Authority. 10:00 A.M. PUBLIC HEARING 10. 78-•rd7 ** OBJECTIONS TO ACCEPTANCE OF COMPLETED WORK - EAST PINEMOUNT SANITARY SEWER IMPROVEMENT SR-5352 C. ** Resolution accepting the completed construction of Intercounty Construction Corp. for the construction of EAST PINEMnUNT SANITARY :'EWER IMPROVEMENT SR-5352 C (centerline sewer in EAST PINEMOUNT SANITARY SEWER IMPROVEMENT DISTR,RICT SR-5152 C (centerline sewer) and authorizing a final paymenafter all conditions of the contract are met. ** The construction of sanitary sewers in the area bounded by N.W. 2 A:cnue, N.E. 4 Avenue, N. 79th Street and the Scaboard Coastline Railroad trAcks (NE 72 Street) has been completed by Interccunty Constriction Corporation. The project was completed for $925,477.09, which is within the contract amount, and it was completed on time. It is now in order for the Commission to accept the work and authorize final payment. NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title "DOCUMENT INDEX 1 lT[!1 1!J . __ _ " CITY COlMXSSION MEAL OCTOBER 19, 1973 PACE 2 PUBLIC .HAG PROJECT _#12 - "76" CAPITAL IMPROVEMENT_ PROGRAM 11. ** OBJECTIONS TO CONFIRMATION OF ASSESSMENT ROLL for construction of CORAL WAY SOUTH HIGHWAY IMPROVEMENT H-4354. 7.19--tro8 * Resolution confirming assessment roll for construction of CORAL WAY SOUTH HIGHWAY IMPROVEMENT H-4354 in CORAL WAY SOUTH HIGHWAY IMPROVEMENT DISTRICT H-4354 and removing all pending liens for this Improvement not certified hereby. ** This project consisted of widening of roadway pavement, construction of curb and gutter and necessary drainage structures on the south side of Coral Way between S. W. 32nd Avenue and S. W. 37th Avenue. There are 32 parcels in this District. If no objections are sustained, it will be in order for the Commission to adopt the resolution con- firming the assessment roll. PROJECT #149 - "76" CAPITAL IMPROVEMENT PROGRAM 12. ** OBJECTIONS TO CONFIRMING ORDERING RESOLUTION NO. 73-193 for N.W. 29 STREET HIGHWAY IMPROVEMENT H-4361. 73-a'o� * Resolution confirming Ordering Resolution No. 73-193 and authorizing the City Clerk to advertise for sealed bids for the construction of N. W. 29 STREET HIGHWAY IMPROVEMENT H-4361 in N. W. 29 STREET HIGHWAY IMPROVEMENT DISTRICT H-4361. ** City Commission on July 12th continued hearing on objections to July 26th, and on July 26th deferred to September 13th. On September 13th the matter was deferred to September 26th, and on September 26th was deferred to October 19th. If no objections are sustained the above resolution is in order. Project consists of construction of highway improvements on N. W. 29th Street between N. W. 7th Avenue and N. W. 17th Avenue. Use of N. W. 29th Street has rapidly increased in serving abutting residential, industrial and commercial areas. Heavy traffic volume has created a pavement condi- tion less than desirable. There is a need to widen and completely rebuild the existing pavement and provide concrete curb and gutter for vehicular and pedestrian safety. Drainage will be provided to protect the new street. NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title ern COMMON tIEETTIC OCTOEEit 19, 1973 PAGE 3 10:00 A.M. PLANNING BOARD ITEMS 4011 MALAGA.AVENUE 13. ** Resolution granting a Variance from Ordinance No. 6871, Article IV, Section 17, and Article V, Section 3, to permit six (6) foot: wall and swimming pool pump house to remain as erected on Lot 91, UTOPIA (8-94), located at 4011 Malaga 77g-47/6$ Avenue, with 0' rear and side setback (5' required); zoned R-1 (One -Family). 14. ** Planning and Zoning Board meeting September 10 - Item #3 Planning and Zoning Board by 9/0 vote recommended Variance NO OBJECTIONS Planning Department recommended "Denial". Applicant - Harold C. Wittling 968-970 N. W. 2ND STREET ** Resolution granting a "Conditional Use" as listed in Ordinance No. 6871, Article VIII, Section 1 (11) (f), to permit location of Lot 8, Block H, RIVERVIEW (5-43), at i968-970 N. W. 2nd Street, to be used as a Guidance Center for young adults under the direction of Riverside Methodist Church; zoned R-4 (Medium Density Multiple). ** Planning and Zoning Board meeting September 10 - Item #5 Planning and Zoning Board by 9/0 vote recommended "Conditional Use" THREE OBJECTIONS Planning Department recommended "Approval". Applicant - Riverside Methodist Church ALLEY & STREET CLOSURES - N. W. 8TH COURT BETWEEN N. W. 17TH AND 18TH STREETS 15. ** Resolution authorizing the official vacation and closure of the north -south alley in Block 1, SUMMIT PARK (1-110), 73.47/42........ the dedicated right-of-way adjacent to the park, and N. W. 8th Court between N. W. 17th and 18th Streets, all in accordance with Tentative Plat #885 - "JACKSON MEMORIAL HOSPITAL REDEVELOPMENT SUBDIVISION NO. 1". ** Planning and Zoning Board meeting September 10 - Item #6 Planting and Zoning Board by 9/0 vote recommended alley and street closures NO OBJECTIONS Plaiming Department recommended "Approval subject to retention of trees". Applicant - Housing & Urban Development NOTE: * • Title of resolution and/or ordinance ** • Summary explanation - not part of title 73---P/r 73- ri,3 10:30 A.M. odyezviceeQ 70 z5;/97c d in `- rjoj, 410 C CBglfN tan= toit 19, 1973 PAGE 4 FUNNING . BOARD ITEM 2492 ,,.5. _ IW.....16TH u .TERttACE 16. ** Resolution granting a Variance from Ordinance No. 6871, Article VI, Section. 3, to permit replacement of frame utility room and stairway on N 50' of Lot 12, Block 14, GRAPELAND (3-196), located at 2492 S. W. 16th Terrace, on the east side of above structure, with 3' (east) side yard (5' required), and 3' (south) rear yard (20' required); zoned R-2 (Two -Family). -rr------------ ** Planning and Zoning Board meeting September 10 - Item #8 Planning and Zoning Board by 9/0'vote recommended Variance NO OBJECTIONS Planning Department recommended "Approval for second floor access only". Applicant - Jorge DeVerona 1767 WAKEENA DRIVE 17. ** Resolution granting a Variance from Article V, Section 3 (3), to permit family residence on Lot 5, Block 2, located at 1767 Wakeena Drive, with required); zoned R-1 (One -Family). ** Planning and Zoning Board meeting September 24 - Item #1 Planning and Zoning Board by 8/0 vote recommended Variance FOUR OBJECTIONS Planning Department recommended "Approval subject to a revised site plan for approval by the Planning Dept. including a two (2) foot rear setback." Applicant - R. David Butt Ordinance No. 6871, construction of single NATOMA PARK (9-116), 2' rear setback (20' N.W. CORNER OF N. E. 4TH STREET AND BISCAYNE BOULEVARD 18. ** Resolution granting a "Conditional Use" as listed in Ordinance No. 6871, Article XV, Section 2 (8) (a), to permit a 30 car parking garage within the proposed Church structure on Lots 18 and 19, Block 80N, MIAMI (B-41), located at N. W. corner of N. E. 4th Street and Biscayne Boulevard, subject to Planning Department approval of the site plan, zoned C-3 (Central Commercial) . ** Planning and Zoning Board meeting September 24 - Item #2 Planning and Zoning Board by 8/0 vote recommended "Conditional Use" NO OBJECTIONS Planning Department recommended "Approval of the Site Plan". Applicant - First United Methodist Church NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title CITY ODMMISSION FETING fOBER 19, 1973 PAGE 5 PUNKIN BOARD =EMS 268 N.._W..46TR STREET 68y1, 19. ** Resolution granting a Variance from Ordinance No. Article VI, Section 3 (2), to permit enclosure of existing carport on Lot 8, Block 2, COLUMBIA PARK CORRECTED (8-114), 73.410/5.°11 located at 268 N. W. 46th Street, with side setback of 3.4' (5' required); zoned R-2 (Two -Family). ** Planning and Zoning Board meeting September 24 - Item #4 Planning and Zoning Board by 8/0 vote recommended Variance NO OBJECTIONS Planning Department: recommended "Denial" Applicant - Ernest J. Stirrup 11:00 A.M. 20. 73- r/G 1341 N. W. 7TH STREET * Resolution granting approval for continued waiver of development of 24 new parking spaces, using 27 existing spaces located at 1341 N. W. 7th Street, for a one (1) year period in conjunction with 720, 740, 750, 760, 780 and 790 N. W. 13th Court, as provided by Ordinance No. 6871, Article XXIII, Section 2(6); site zoned R-5 (High Density Multiple) District. ** Resolution No. 72-632 which granted a waiver of develop- ment for a ope year period has expired, and the Building Department reports that there are no objections and recommends that the waiver be continued. 2800 N. W. 18TH AVENUE 21. * Resolution granting the continued waiver of development of 296 of 488 required off street parking spaces as previously granted by Resolution No. 41624, passed and adopted June 25, 1970, for 391 unit apartment building for the elderly located on UNPLATTED site - N. W. corner N. W. lath Avenue and N. W. 28th Street, as provided in 73-.1"/7 Ordinance No. 6871, Article XXIII, Section 2(3), subject to compliance with City's parking lot requirements; providing for the automatic renewal for one (1) year of said waiver. ** The extension of waiver of development previously granted by Resolution No. 41624 will expire on October 21, 1973. The Building Department reports that there are no objections and recommends that the waiver be continued. NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title 3 COMI88ION term OC'OBER 19, 1973 PAGE 6 UNFINISHED bJSINESS - SECOND READING 22. a. * Ordinance amending Ordinance No. 6871 providing for the definition of a Supper Club; providing for Supper Clubs to v��� y �' be permitted as a "Conditional Use" in C-2 zoning districts; S pf.(� �'j,�1 O providing for Supper Clubs to be a permitted use in C-3, C-4 and C-5 zoning districts; providing for parking require- ments for Supper Clubs adjacent to residential districts; providing for the amount of parking spaces necessary for a Supper Club. acd ,yo . g'c2o/ b. * Ordinance amending Section 30-28 of the City of Miami Code by adding a new category "Supper Clubs" and establishing a fee for the issuance of a Supper Club license. c. * Ordinance amending Section 3.8, "Hours during which sales prohibited; Sunday sales.", of Chapter 3, "Alcoholic Beverages", of the Cide of Miami Code. Section 3.8 is e%eit NO. . amended by adding a Section (g), "Supper Clubs", providing that supper clubs be prohibited from selling alcoholic beverages between the hours of 3:00 A.M. and 11:00 A.M. on weekdays, and between the hours of 3:00 A.M. and 5:00 P.M. on Sundays; setting forth the requirements for the licensing of Supper Clubs. ** Above ordinances passed on first reading City Commission meeting September 13, 1973 Introduced by - Commissioner Reboso Seconded by - Commissioner Plummer Ayes - Commissioners Gibson, Gordon, Plummer, Reboso and Mayor Kennedy Noes - none 23. * Ordinance providing for the reimbursement to the City of Miami for expenses incurred in the use of the Torch of QD ,vv Friendship. **Passed on first reading City Commission meeting September 26th p��,' Introduced by - Commissioner Plummer Seconded by - Commissioner Gibson Ayes - Commissioners Gibson, Gordon, Plummer, Rebobo and Mayor Kennedy Noes -tome NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title Ode-0. NO. oP:0d% 2:00 P.M. CITY COMMISSION MAO OCToSEE 19, 1973 PAGE 7 UNPINISHED Bumps _ . SEC OND JtEADING 24. * Ordiinance amending Section 3947 of the Code of the City of Miami; providing for submission of application forma for use of City facilities within prescribed time limits. d e..07� 25. .C�-cacscas4w 7J F L3 ** Passed on ff.rst reading City Commission meeting September Introduced by - Commissioner Plummer Seconded by - Commissioner Gibson Ayes - ComW.ssioners Gibson, Gordon, Plummer, Reboso and Mayor Kennedy Noes - none * * * * * * * ADJOURN FOR LUNCH * * * * * * * PERSONAL APPEARANCE AND DISCUSSION ITEMS Martin Fine 26. Arthur Lee Willner regarding the failure of houseboats anchored in the Miami River to comply with City of Miami toning regulations. 27. Thomas R.1.'ebitt, on behalf of the Miami Bar Owners Asaociatian,,`o request extension of hours for sale of alcoholic bevet,ges by small bars. 28. Dra. Bettina B. Menzel, Virginia E. Pendergrass and Arthur Brucker regarding pity of Miami occupational license fees for Psychologists. 29. Selection of Architect - Miami Modern Police Headquarters. NOTE: * - Title of resolution and/or ordinance ** • Suhmary explanation - not part of title CITY COMMISSION MEET/NO OCTOBER 19, 1973 PAGE 8 NEW BUSINESS - RESOLUTIONS/ORDINANCES 30. ** Resolution accepting the completed work performed by HOLLAND PAVING CO., INC. at a total cost of $58,865 and authorizing a final payment for the construction of DRAINAGE PROJECT A-3 after all conditions of the contract are met. 73-.P/P ** Holland Paving Co., Inc. has completed the construction of 59 auger hole drainage structures and 1 covered ditch drainage structure in locations throughout the City. The construction was completed for $58,865, which was within the contract amount, and it was completed on time. It is now in order for the Commission to accept the completed work and authorize final payment. City Manager recommends. 31. ** Resolution accepting the completed work performed by CARLSON CONSTRUCTION COMPANY at a total cost of $307,832.39; authorizing an increase in the contract amount of $1,332.39 and authoriiing a final payment for LEGION MEMORIAL PARK - COMMUNITY BUILDING ALTERATIONS - 1972 after all conditions of the contract are met. 73°"'7/1 ** Due to the relocation of the Shuffleboard Courts, as a result of citizens' complaints of the designed location, there was an increase in the contract amount of $1,332.39. The amount of the increase in the contract is covered by funds previously allocated to the project and no addi- tional funds are required. It is now in order for the Commission to accept the completed work and authorize final payment. City Manager recommends. 32. ** Resolution accepting the completed work of D.M.P. CORPORA- TION for the' construction of MARTIN LUTHER KING BOULEVARD STORM DRAINAGE PROJECT - 1973 at a total cost of $127,488.21, 73— F2 D and authorizing a final payment after all conditions of the contract are met. ** Construction of MARTIN LUTHER KING BOULEVARD - STORM DRAINAGE PROJECT - 1973 has been completed, and it is now in order for the Commission to accept the completed work and authorize final payment. City Manager recommends. NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title 0 CITY COMt SStON MEETING O rOaf R 19, 1973 Am 9 NEW_BUSINESS jo gwg LIONS/ORDINANCES 33. a. GARDEN . SANITARY , t0' ,_ IMPROVEMENT * Revolution amendiltlig' esolution No. 73-367 entitled "A 70 .. b�� resolution author's ,z' i .g and directing the City Manager of the City of Miami, I .orida, to make application for federal assistance i,nder Public Law 92-500 Construction Grants Program" to r hange the nave of the City Manager from M. L. Reese to P. W. Andrews. mil•-4 b. SOUTH PINEMOUNT SALUTARY SEWER IMPROVEMENT * Resolution amending Resolution No. 73-368 entitled "A 73- 02 resolution authorizing and directing the City Manager of the City of Miami, Florida, to make application for federal assistance under Public Law 92-500 Construction Grants Program" to dtange the name of the City Manager from M. L. Reese to 1. W. Andrews. c. WEST GRAPELAND SANITARY SEWER IMPROVEMENT * Resolution amending Revolution No. 73-369 entitled " A resolution authorizing and directing the City Manager of 7.3 �L.3 the City of Miami, Florida, to make application for federal assistance uncle. Public Law 92-500 Construction Grants Program" to change the name of the City Manager from M. L. Reese to P. W Andrews. d. GLENROYAL S+NITARY SEWER IPPROVEMENT * Resolution amending Resolut,'on No. 73-370 entitled "A resolution authorizing and directing the City Manager of 7 3--`trer2r the City of Miami, Florida, to make application for federal assistance under Pubh c Law 92-500 Construction Grants Program" to change the v'ame of the City Manager from M. L. Reese to P. W. Andres. ** The State of Florida Department of Pollution Control has requested that the resolutions previously adopted be amended to indicate P. W. Andrews as City Manager. City Manger recommends. 34. * Resolution authorizing and directing the City Manager of the City of Miami to enter into a covenant subjecting the Wainwright Park property to prior approval of the Zecretary 7 --"Ar of the Department of Rousing and Urban Development before its sale, lease, mortgage or creation of any other indebtedness. NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title i CITY COMM/SS/ON ME iNG .00TORER 19i 1973 PAGE 10 N W._.$USTEESS RESOWTIONSIORDINANCES 35. ** Resolution acceptittg the completed work of INTERCOUNTY CONSTRUCTION CORP. for the construction of the LIBERTY SANITARY SEWER FORCE MAIN AND PUMP STATION (PUMP STATION) at a total cost of $237,300; and authorizing a final payment 7.3..../002k after all conditions of the contract are met. ** Intercounty Construction Corp. has completed the installation of a sanitary sewer pump station in the intersection of N. W. 14th Avenue and N. W. 61st Street. This pump station was constructed as part of a HUD reimburseable project. The force main portion has been completed under separate contract. Upon acceptance we will be able to request reimbursement for both portions of this project. The project was completed for $237,300, which is within the contract amount, and it was completed on time. It is now in order for the Commission to accept the work and author- ize a ;final payment to the Contractor. 36. 73- P.• 7 37. 73-4:17.2 p City Manager recommends * Resolution ordering S. W. 22 STREET HIGHWAY IMPROVEMENT H-4369 and designating the property against which special assessments shall be made for a portion of the cost thereof as S. W. 22 STREET HIGHWAY IMPROVEMENT DISTRICT H-4369; and allocating the amount of $10,000 from the Highway Bond Fund for preliminary expense. ** Project consists of construction of approximately one-half mile of pavement on the north and south sides of Coral Way between S. W. 27 and S.W. 32 Avenues. The Improvement will include clearing and grading, construction of asphaltic concrete pavement consisting of 8 inch limerock base and a 1 inch asphalt surface course, concrete valley gutter, concrete curb and gutter, concrete curb, construc- tion of 4 inch concrete sidewalks at intersections and 6 inch concrete sidewalks at driveways, drainage facilities and landscaping of the side parkways. The approximate cost of this Improvement is estimated to be $340,000 and funds are available from the Highway Bond Fund. City Manager recommends. * Resolution authorizing the issuance of a permit to St. Dominic's Church for amusement rides on the parish grounds located at 5909 N. W. 7th Street, in conjunction with their annual festival on November 2, 3 and 4, 1973, sub- ject to certain terms and conditions. NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title CI Y COMMISSION NE C'ING OCTOBER 19, 1973 PAGE 11 WBUSXNESS =_ RESOLUTIONS/ORDINANCES 38. a► ** Resolution confirming the action taken by the City Manager in the submission of a Federal Grant Application to the Department of Justice Law Enforcement Administra- tion to initiate a project entitled "Threshold Program for Public Service Aides", 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. 73._cP7? O 7.'--(P3,� b. ** Resolution confirming the action taken by the City Manager in the submission of a Federal Grant Application to the Department of Justice Law Enforcement Administra- tion to initiate a project entitled "Police Communications Improvement Project", 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. c . ** Resolution confirming the action taken by the City Manager in the submission of a Federal Grant Application to the Department of Justice Law Enforcement Administra- tion to initiate a project entitled "Strategic Target Oriented Project (S.T.O.P.) Robbery", and further author- izing the City Manager to accept the Grant and execute contracts and agreements necessary to implement the project upon receipt of the Grant. d ** Resolution confirming the action taken by the City Manager in the submission of a Federal Grant Application r� to the Department of Justice Law Enforcement Administra- tion to initiate a project entitled "Strategic Target Oriented Project (S.T.O.P.) Burglary", and further author- izing the City Manager to accept the Grant and execute contracts and agreements necessary to implement the project upon receipt of the Grant. ** CLIP Manager recommends. 39. * Resolution to ratify and confirm the donation of seats in the fov'mer Municipal Courtroom to the Drug Rehabilita- tion Clinit supervised by Dr. Ben Sheppard. ** In order that the space occupied by the former Municipal Court be made bvailable for additional Police operations, it was necessary to remove the seats. Efforts were made to sell the seats but no interest was generated. Dr. Ben Sheppard advised that the seats could be put to use at the Drug Clinic presently located in the old Fire Station #2 building. City Manager recommends. NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title CITY COMMISSION METING OCTOBER 19, 1973 RAGE 12 NEW, BUSINESS • . RESOLUTIONSIORDINANCES 40. * Resolution urging the Metropolitan Dade County Commission approve in principle the State of Florida Department of Transportation proposed State primary road system as submitted in their report May 30, 1973; further urging the Department of Transporation to take appropriate action to .47 implement the system as proposed as early as possible; further providing that acceptance of this proposed system as related to streets within the City of Miami will not preclude the use of Dade County allocated secondary gas tax funds or County bond funds on these streets. ** The DOT is preparing a restructuring of the State Primary Road System. The proposed System will reclassify many miles of roads in urban areas which are not now included. The State proposes to add 392 miles to the State Primary System in Dade County. Mileage within the City of Miami would be increased from 36.8 to 124.2 miles. The proposed System, with minor variations, adheres very closely to the various streets which the City has attempted to get improved by the State or County. It is almost identical with that system of streets within the City which is recognized by Dade County as being Metropolitan Arterials in nature and for which Dade County has assumed the responsibility of street lighting. Acceptance of the proposed system as related to streets within the City of Miami is conditioned upon the fact such action will not preclude the use of Dade County allocated secondary gas tax funds or County bond funds on these streets within the City of Miami. City Manager recommends. 41. * Ordinance amending Section 20-8 of Chapter 20 of the Miami City Code entitled "Frequency and amount of garbage and trash collection service provided by City." by im providing for a maximum of two collections per week; further, by requiring commercial establishments to obtain e1%/it/7 private collection service in excess of two collections per week; further, by deleting the fee of 35 cents per container per collection and substituting in lieu thereof 70 cents per container per collection; providing for a severability clause; repealing all ordinances or parts of ordinances in conflict herewith. NOTL": * - Title of resolution and/or ordinance ** - Summary explanation - not part of title • CITY COMMISSION MEETING OCTOBER 19, 1973 PAGE 13 NEWuBUSINESE--..RESOLUTIONS/ORDINANCES 42. * Ordinance amending certain sub -sections of the Miami City Employees Retirement System (Ordinance No. 2230, December 6, 1939, as amended) and the Miami City General Employees Retirement Plan (Ordinance No. 5624, May 2, 1956, as amended) as appearing in codification form as a part of Chapter 2 of the Code of the City of Miami, Florida, 2957, as amended, more particularly amending Sections 2-89 and 2-107 of said Chapter 2 by adding a 4.4EP:-. new new sub -section 6 to Section 2-89 and a new sub -section 4 to Section 2-107; for the purpose of providing up to a maximum of four years of creditable service for active U, military service in the Armed Forces of the United States under the provisions contained herein; repealing all ordinances, Code sections or parts thereof in conflict insofar as they are in conflict; containing a severability provision; declaring this ordinance to be an emergency measure and dispensing with the requirement of reading the same on two separate days by a vote of not less than four -fifths of the members of the Commission. 111 43. *E Resolution establishing date for Public Hearing for the following ordinance. e3sw- *i Ordinance discontinuing the Department of Yacht Docks; creating a new Department to be known as the Department of Public Facilities; providing for the appointment of a Director of said new Department by the City Manager; providing for the inclusion of present and future public facilities in the new Department; providing for the operation of said Department and prescribing the functions and duties thereof; providing for a severability clause; repealing all ordinances or parts of ordinances in conflict herewith. 44. * Resolution authorizing the City Manager to enter into an agreement with BOOZ, ALLEN PUBLIC ADMINISTRATION SERVICES, INC., a professional consulting firm, for the purpose of conducting an "Integrated Management Systems Improvement Program for the City of Miami", funding of which has been provided through Resolution No. 73-28, said resolution accepted a Federal grant under the 701-Comprehensive Planning Assistance Program from the Department of Housing and Urban Development for said project. NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title 45. 46. 47. 73-83a' 73-83 48. 49. 73.-eve 50. 73- YY/ 51. CI`IT COMMISSION MEETING OCTOBER 19, 1973 Page 14 NSW__ SINESS,_.,,._,RESOLUTIONS/ORDINANCES Settiemettt_- of, Claims * Resolution authorizing and directing the Director of Finance t pay to PEDRO FUNDORA, without the admission of liability, the sum of $636.00 in full and complete settlement of his claim against the City of Miami for alleged personal injuries sustained by him, upon the execution of a release releasing thc_ City of Miami from all claims and demands. * Resolution authorizing and directing the Director of Finance to pay to CLOTILDE LERMO, without the admission of liability, the sum of $505.00 in full and complete settlement of her claim against the City of Miami for alleged personal injuries sustained by her, upon the execution of a release releasing the City of Miami from all claims and demands. * Resolution authorizing the Director of Finance to pay to J. F. BROSSIER without the admission of liability the sum of $582.21 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all claims and demands. * Resolution authorizing the Director of Finance to pay to EDWARD W. ABBOUD, without the admission of liability, the sum of $17.27 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all claims and demands. * Resolution authorizing the Director of Finance to pay to the UNIVERSITY FEDERAL SAVINGS AND LOAN ASSOCIATION, without the admission of liability, the sum of $90.00 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all claims and demands. * Resolution authorizing the Director of Finance to pay to GERALD L. MASON, without the admission of liability, the sum of $750.00 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all claims and demands. * Resolution authorizing the Director of Finance to pay to GAIL HILLSON, without the admission of liability, the sum of $58.24 in full and complete settlement of all claims and demands against the City of Miami, upon the execution of a release releasing the City of Miami from all claims and demands. (Continued on next page) NOTE: * Title of resolution and/or ordinance ** - Summary explanation - not part of title CITY commas MEETING OCTOEER 19, 1973 PAGE 15 NEWARMNESS_ Settlement , of .Claims . (continued . from preceding. page) 52. * Resolution authorising the Director of Finance to pay to MILDRED COLEMAN, without the admission of liability, the sum of $333.00 in full and complete settlement of her claim 7 Fe'/''"' against the City of Miami and R. G. Mayer for alleged `✓ damages sustained by her upon the execution of a release, releasing the City of Miami and R. G. Mayer from all claims and demands. Claimant Amount Pedro Fundora $636.00 Clotilde Lermo 505.00 J. F. Brossier 582.21 Edward W. Abboud 17.27 University Federal Savings & Loan Assoc. 90.00 Gerald L. Mason 750.00 Gail Aillson 58.24 Mildred Coleman 333.00 City Attorney recommends. 53. * Resolution authorizing and directing that permits be issued for the installation of amusement riding devices only, not to include any amusements other than rides, at Central 73- Shopping Plaza, at N. W. 37 Avenue and & Street, for the icer period from October 24 thru November 4, 1973, said amuse- ment rides to be operated in accordance with the provisions of Ordinance No. 7267; providing no living quarters of any type will be established in any of these facilities during or after the event; providing that no live animals be per- mitted as part of said operation; further providing for proper toilet facilities for use by personnel working in connection with the amusement riding devices; and further providing that proper toilet facilities are available for the general public who are in attendance for the amusement riding devices, and that at least eight police officers, or as many additional as may be determined by the City Manager, be furnished by the applicant to provide crowd control services. •-----r. NOTE: * - Title of resolution and/or ordinance ** - Summary explanation - not part of title CITY COrMMMONrc OCTOBER 19, 1973 PAGE 16 AWARDING BIDS 54. * Resolution rescinding Resolution No. 73-513 entitled "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 73therefor"; accepting the $2,943 bid of FENCE MASTERS, INC..for Job Number 2601 entitled INCINERATOR NO. 1 - FENCING - 1973, allocating the sum of $3,296 to cover contract and incidental costs, and authorizing the City Manager to execute a contract therefor. ** Pursuant to Resolution No. 73-513, a purchase order in the amount of $2,250 was issued to Casanova Fence Co. but the firm refused to accept the order, alleging that material costs had increased some $600 after the bid was submitted, and it is necessary to rescind the awarding resolution. After public advertisement, bids were received to install 6 foot security fencing and gates at the 20th Street Incinerator Parking Lot. This fencing is in lieu of the parking lot lighting that was passed by ordinance. The bid of Fence Masters, Inc. was the lowest bid acceptable. City Manager recommends. 55. * Resolution to authorize the sale of surplus equipment, a Seagrave Fire Pumper equipped with 500' of 2-1/2" hose, to the Highland City Volunteer Fire Department, rin Highland City, Florida, for $1,800.00. ** Surplus fire equipment was offered for sale but no bids were received. Subsequent to the date the bids were to be received, the Highland City Volunteer Fire Department expressed an interest in one of the pumpers. They have offered $1,800 for one pumper and asked that it be equipped with 500' of our 2-1/2" hose. City Manager recommends. 56. * Resolution awarding the bid received September 28, 1973 of BISCAYNE CONSTRUCTION, INC. in the estimated amount of $63,555 for the LUMMUS PARK SHUFFLEBOARD COURTS & RECREATION BUILDING IMPROVEMENTS - 1973; allocating the amount of 73.79»7 $77,900 from the account entitled "Capital Improvement Fund - / Unallocated Funds"; and authorizing the City Manager to execute a contract therefor; and authorizing certain work to be performed by City Forces. ** Bids were received September 28th for certain improvements to the Shuffleboard Courts and the replacement of certain doors and windows in the Recreation Building at Lummus Park, located on N. River Drive between N.W. 2 and 3 Streets. The bid of Biscayne Construction, Inc. was the lowest bid acceptable. City Manager recommends. NOTE: 1 * - Title of resolution and/or ordinance ** - Summary explanation - not part of title • CITY COMMISSION MEETING OCTOBER 19, 1973 PAGE 17 57. 7a-, 'Ye AWARDING._ BIDS ** Resolution awarding the bid received September 26, 1973 of PENCE MASTERS, INC, in the estimated amount of $6,674 for MORNINGS/DE PARK POOL - SECURITY FENCING - 1973; allocating the amount of $7,576 from the account entitled "Public Parks and Recreational Facilities Bond Fund"; and authorizing the City Manager to execute a contract therefor. ** Bids were received September 26th to replace some existing fencing and extend some existing fencing at the Pool Area at Morningside Park, located at N. E. 55th Terrace and the Bay. The bid of Fence Masters, Inc. was the lowest bid acceptable. City Manager recommends. NOTE: * - Title of resolution and/or ordinance ** - Sumeiary explanation - not part of title • Ztacze€42.4,77‘ 7 -rd -7 rry OOMMtSgtoN NEETINa OCTO1181 19, 19,5 pA02 X$ A !1S NtM TO„AGENDA 58. ** K. •Re 1 Gtassford, Attorney, to request that the City not file an appeal in the case of Lt. Albert J. Schiffhauer ve. the City of Miami. 59. ** Executive pay Plan ''60 *'Resolution allocating $5,000 from the Public Parks and Recreational Facilities Bond Fund to cover the cost of materials for pedestrian and bicycle pathways in the Dinner Key Expansion Area and authorizing the work to be performed by City forces. 73 era.. 61. 62. 9' 73461 ** Discussion Item - Information to the Public with reference to Charter Changes; Information to the Public, Metro Utility Tax Referendum - relationship to the City of Miami ** Interama Sewage Treatment Plant Transmission of sludge to Virginia Key * Resolution confirming the action taken by the City Manager in providing $1,500 from the Parks for People Bond Program to pay the costs of moving a portable building for Centro Mater. * Resolution allocating $300,000 from the Capital Improvement Fund - Unallocated Funds account to cover interim payments to the consultant for the Miami Modern Police Facility and directing that said $300,000 be reimbursed from the proceeds of the sale of Police Headquarters and Crime Prevention Facility Bond Fund when such bonds are sold. 65. * Resolution authorizing and directing the City Manager and the City Clerk to enter into a contract by and between the City of Miami And the Sanitation Employees' Association for the fiscal year beginning October 1, 1973, subject to the terms and conditions of the agreement as attached hereto. 66. Nam: ONO 40 * Resolution authorizing and directing the Director of Finance to pay to Bertie Huggins and his attorneys, Colson and Hicks, the sum of $50,000 in full satisfaction of the share of the City of Miami in the settlement of the case of Bertie Huggins vs. the City of Miami; and authorizing and directing the City Attorney to execute an agreement or stipulation with counsel for the U. S.. Fire Insurance Co. withdrawing the claim of the City of Miami for attorneys' fees and the costs of defending the case of Bertie Huggins vs. the City of Miami. - Title ofireso].ution and/or ordinance Summary explanation - not part of title CITY COMMISSION MEETING OCTOBER 19, 1973 PAGE 19 ADDS IIMTO4. AGENDA :-LI ° rfi.7 :e c al*_ Resolution rescinding Resolution No 73-764 adopted. by .the.:.... ..City..'Commissioti..on :26, 1973 � Se tember g p, granting a variance ._ a _from..Ordinance llo. '6871, Article XXIII, Section 3 (3), to, ' permit grandstand addition to Flagler Dog Track, -located .. ion .Tract :'"A", Airline -Center AMD (33-77), and unplatted _. .,,..., :: •:I.!:.:e..,traete�;waiv . .. ,., .. _ .... , _,_.: r...: �z: ; , issg •requi=e :interior landscaping.on the main c ;-:.t :.—Lix.t. ire; . •._ ter afiactt te..i.parking.Asite:-zandysubstituting in lieu' thereof,:.....,.. . c :landscaping..periplan .as. set out: in' Section 1-of this::,.-1 Resolution, subject to the approval of the Planning Depart- ment; site zoned C-2 (Community Commercial) District, C-4 (General Commercial) District, and R-1 (One Family) District. . .'H. 68. ** Resolution authorizing the City Manager to develop an r • agreement. between the International Oceanographic Foundation• and the City of Miami for the utilization of 100 parking 73 -II O spaces at the Marine Stadium, thereby supplementing the parking requirements of the International Oceanographic Foundation in the development of their International Oceano- graphic Ocean Space Center Museum adjacent to the Marine Stadium; further directing that such agreement be submitted to the City Commission for their review and ratification. 69. ** Resolution providing for the advertisement and for the procedures required to nominate respective appointees of the ...Planning and . Zoning Board to become effective in January of 1974. - 70. * Resolution authorizing and directing the City Manager to instruct the Purchasing Division of the City of Miami to issue a purchase order, without competitive bidding, for one (1) 12" microfilm camera recorder, one (1) 15" camera and one (1) automatic load reader/printer and stand for use in the Depart- ment:of Finance,-. from Bell and Howell Inc. at a. cost of $10,555:00,-funded from Federal Revenue Sharing, authorized by Ordinance #8192, September 26, 1973. 71. NOTE: * Resolution authorizing, ratifying and confirming the action of the City Manager in executing and delivering 75 applications for Federal Grants for Waste Water Treatment Works as listed herein. * - Title of resolution and/or ordinance ** - Summary explanation - not part of title CITY COMMISSION MEETING OCTOBER 19, 1973 7-852 - RESOLLUTION STATING THE INTENT WITH OTHER CITIES IN THE DADE TO THE PROPOSED REPEAL OF THE FORTH ITEMS TO BE INCLUDED IN DELIVERED BY CITY SANITARIANS OF THE CITY COMMISSION TO JOIN LEAGUE OF CITIES IN OPPOSITION UTILITY TAX, AND FURTHER SETTING A FLYER OR OTHER DOCUMENT TO BE 73-853 - RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PANCOAST ARCHITECTS FOR PROFESSIONAL CONSULTING SERVICES FOR THE NEW POLICE HEADQUARTERS BUILDING 73-854 - RESOLUTION AUTHORIZING THE CITY MANAGER TO GIVE CONSIDERATION TO ALLOW THE RADIO STATION OR TV STATION WHICH IS BROADCASTING THE GAME ON THAT DAY TO HANG A BANNER BENEATH THE BROADCAST BOOTH IN THE ORANGE BOWL STADIUM ACKNOWLEDGING THE FACT THAT THE RADIO STATION OR TV STATION IS THE STATION WHICH BROADCASTS THE MIAMI DOLPHINS HOME GAMES 73-855 - A RESOLUTION DIRECTING THE CITY ATTORNEY TO WITHDRAW THE APPEAL FILED IN THE CASE OF ALBERT J. SCHIFFHAUER VS. BERNARD L. GARMIRE, ETC. CIRCUIT COURT CASE NO. 73-23192 73-856 - RESOLUTION ESTABLISHING THE POLICY OF THE CITY COMMISSION THAT THE CITY MANAGER AND THE CHIEF OF POLICE COMPLY WITH THE PROVI- SIONS OF THE POLICE DEPARTMENT BULLETIN NO. 19-73 73-864 - RESOLUTION ALLOCATING $100,000 FROM THE PARKS AND RECREATIONAL FACILITY BOND FUND AS THE TOTAL COMMITMENT TO COVER ALL CITY OF MIAMI COSTS FOR THE APPROVED CONSTRUCTION OF THE PROPOSED MIAMI RIVER PEDESTRIAN WALKWAY, SAID FUNDS TO BE AUTHORIZED FOR EXPENDITURE BY THE CITY MANAGER ON A 50-50 MATCHING BASIS WITH FUNDS FROM THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THE PAYMENT OF APPROVED CONSTRUCTION COSTS 73-865 - RESOLUTION STATING THE INTENT Of THE CITY COMMISSION TO ACCEPT THE PUBLIC DEDICATION OF CERTAIN MINIMUM TWENTY -FOOT MIAMI RIVER PEDESTRIAN WALKWAY EASEMENTS; APPROVE IN PRINCIPLE THE CONCEPT OF THE ESTABLISHMENT AND OPERATION OF A BOAT RESTAURANT ADJACENT TO PEDESTRIAN WALKWAY; AND AGREE TO ACCEPT THE RESPONSIBILITY FOR THE MAINTENANCE OF THE PEDESTRIAN WALKWAY 73-866 - RESOLUTION DIRECTING THE CITY MANAGER TO MAKE A DETERMINATION AS TO WHETHER THERE ARE ANY INTERMEDIATE STEPS THAT CAN BE TAKEN IN ORDER TO ADVANCE THE CONVENTION CENTER EVEN WHILE DECISIONS ON SITE LOCATION ARE NOT FINALIZED 73-867 - RESOLUTION DIRECTING THE CITY MANAGER TO CONTACT USERS OF THE ORANGE BOWL STADIUM TO OBTAIN RECOMMENDATIONS FROM THEM AS TO TYPES OF IMPROVEMENTS WHICH SHOULD BE PROVIDED AT SAID FACILITY 73-835 - RESOLUTION SETTING NOVEMBER 21, 1973 AS THE DATE FOR A PUBLIC HEARING TO CONSIDER AN ORDINANCE CREATING THE NEW CITY DEPARTMENT OF PUBLIC FACILITIES