The URL can be used to link to this page

Home My WebLink AboutCC 1972-01-20 Minutes• op CITY OF MIAMI OMMISSION MINUTES OF MEETING HELD ON JANUARY 20, 1972 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL INDEX TO MINUTES 0P REGULAR MEETING CITY COMMISSION Of MIAMI, FLORLDA January 20, 1972 ORDINANCE & O IO_ . 1. UKRANIAN AMERICAN CLUB -PRESENTATION OF PLAQUE: 2. CONSUL GENERAL OF GUATAMALA- PRESENTATION OF SOCCER BALLS: 3. PLAT ACCEPTANCE - AMENDED - PALM BAY CLUB: 43151 4. USE OF CITY PARKS AND PRIORITIES ON THE BOND 43152 ISSUE: 5. SPECIAL COUNSEL FOR CONDEMNATION OF F.E.C. OWNED PROPERTY: 43153 6. REID ACRES HIGHWAY IMPROVEMENT DEVELOPMENT H-4349: 43154 7. LANDSCAPING OF CENTER LANES OF BISCAYNE BLVD: 8. N.W. CORNER NW MIAMI AVENUE AND NW 53RD STREET - REQUEST FOR CHANGE IN ZONING CLASSIFICATION: 9. CITY OF MIAMI PARKS AND RECREATIONAL FACILITIES 8034 BONDS AND SPECIAL BOND ELECTION: 8035 10. KARKFET SUBDIVISION -REQUEST FOR CHANGE IN ZONING CLASSIFICATION: 43155 11. VARIANCE FOR ENCLOSURE OF CARPORT- 2353 SW 21st TERRACE: 43156 12. VARIANCE FOR PACKAGE STORE-GRANADA SHOPPING CENTER: 43157 13. CONDITIONAL USE - DUO PARK UNITS - N.E. 3RD AVENUE & N.E. 2 STREET: 14. CHANGE OF ZONING CLASSIFICATION-BEACOM MANOR: 43158 15. CHANGE IN ZONING CLASSIFICATION -LOTS 6, 7 AND W. 10' LOT 8,BLK 2, KINLOCH PARK: (1st reading) 16. PETITION FOR FLOOR AREA RATIO BONUSES - PARKING DECK -FORTE PLAZA: 43159 17. APPEAL FROM PLANNING BOARD'S DECISION,N.W. CORNER W. FLAGLER STREET AND NW 42ND AVE: 18. ACCEPTANCE OF COMPLETED WORK- SAC CONSTRUCTION INC. NEW FIRE STATION NO 8: 43160 19. COVSIiANT'ACCEPTANCE OF FROM ALDO RODRIGUEZ AND MARTINTANO RODRIGUEZ: 43161 20. COVENANT -ACCEPTANCE OF FROM JULIO A. VIYELLA AND SYLVIA VIYELLA: 43162 21. COVENANT -ACCEPTANCE FROM MOAN ZAIFER & ORLANDO RODRIGUEZ: 43163 22. APPOINTMENT OF NEW MEMBERS TO CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION: 43164 -1- ORDINANCE & 23. LUM US PARK CONCESSION: 43165 24. COMMERCIAL DOCKS, PIERS 1 & 2, SALVAGE 43166 & DEMOLITION: 43167 25. PLAT ACCEPTANCE-TEBCO SUBDIVISION: 43168 26. PLAT ACCEPTANCE-LEDI INDUSTRIAL SUB: 43i69 27. PLAT ACCEPTANCE-LANDMAN SUBDIVISION: 43170 28. DEMOLITION OF FIRE STATION NO. 7-CUYAHOGA WRECKING CORP.: 43171, 29. SEAPORT PROPERTIES AT THE PORT OF MIAMI: 43172 30. p.B.A. COLLECTIVE BARGAINING -APPEARANCE BY REP. G. CHERRY: 31. PROPOSED LEGISLATION -FEDERAL ANTI RECESSION AND FULL EMPLOYMENT LAW: 32. LEGISLATIVE LIASON TO REPRESENT THE CITY OF MIAMI: 43173 33. ORANGE BOWL CONCESSION: 43174 43175 43176 34. ORANGE BOWL IMPROVEMENT PROGRAM: 43177 35. TRANSFER OF CITY OWNED REGIONAL PARKS TO METROPOLITAN DADE COUNTY: 43178 36. LE JEUNE GARDENS HIGHWAY IMPROVEMENT H-4353: 43179 37. BID AWARD - UNIFORM CLOTHING FOR THE POLICE DEPARTMENT: 43180 38. RETIREMENT BOARD - APPOINTMENT OF ONE MEMBER: 43181 39. KRUSE, O'CONNOR AND LING, ACTUARIES FOR THE PENSION SYSTEM: 40. CUBAN ROTARIAN CLUB -REQUEST FOR PALM PLACE- MENT AT MEMORIAL TO JOSE MARTI IN BAYFT. PARK: 43182 41. FREE USE OF MIAMI BASEBALL STADIUM FOR BASEBALL GAME: 42. ARBOR DAY -FUNDS FOR THE MIAMI BEAUTIFICATION COMMITTEE: 43. YOUTH ADVISORY BOARD- REQUEST FOR FUNDS: 43183 44. L.E.A.A. PROGRAM TO ASSIST LOCAL EFFORTS TO COMBAT CRIME: 43184 45. ORANGE BOWL CONCESSION - VOTE OF CONFIDENCE TO THE CITY MANAGER: 43185 46. LETTER FROM EDNA BENSON, CIVIL SERVICE OFFICE: 43186 47. DISSEMINATION OF INFORMATION OF NEWS RELEASES BY THE POLICE DEPT.: 48. MIAMI MEMORIAL COMMITTEE- APPOINTMENT OF NEW MEMBER: 43187 -2.. 1 MINUTES Or REGULAR MEET/NG CITY COMMISSION OF MIAMI, FLORIDA On the 20th day of January, 1972, the City Commission of Miami, Florida, met at its regular meeting place at City Hall in said City in regular session. The meeting was called to order at 9:35 o'clock A.M. by Mayor David T. Kennedy and the following members of the Commission were found to be present: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. An invocation was delivered by Reverend Graham and the Mayor led those present in a pledge of allegiance to the flag. 1. UKRANIAN AMERICAN CLUB - PRESENTATION OF PLAQUE Reverend Woolchuk together with a delegation representing the Ukranian American Club appeared before the Commission to receive a Plaque presented by Mayor David T. Kennedy and proclaim- ing Saturday, January 22, 1972 as Ukranian American Day in Miami. 2. CONSUL GENERAL OF GUATAMALA - PRESENTATION OF SOCCER BALLS A delegation of persons representing the Consul General of Guatamala appeared before the Commission headed by Mr. Gabriel Cordovez who presented the Commissioners with a quantity of hand- made Soccer Balls made by students in Guatamala with the request that they be distributed as the Commission sees fit to area schools and students for their use. 3. PLAT ACCEPTANCE - AMENDED - PALM BAY CLUB The following resolution was introduced by Mr. Christie moved its adoption: RESOLUTION NO. 43151 A RESOLUTION ACCEPTING THE PLAT ENTITLED AMENDED PLAT OF PALM BAY CLUB, A SUBDIVISION IN THE CITY OF MIAMI, AND ACCEPTING THE DED- ICATIONS 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. Christie, Plummer, Graham, Mrs. Gordon and Mayor Kennedy. NOES: None Prior to the adoption of the resolution, considerable discussion occured and Mrs. Connie Dinkler, the Applicant, appeared in behalf of the adoption of the resolution. Attorney George Clark Smith representing a group of neighbors in the area appeared and spoke against the adoption of the resolution. 4. USE OF CITY PARKS AND PRIORITIES ON THE BOND ISSUE Martin Fine, Attorney appeared before the Commission to give his opinion in regard to the priorities assigned to the construction and improvements of parks in the coming bond issue. .3. He stated that according to his calculations, 621/296of the total bond issue was taken up with acquisition of Bayfront Lands. He expressed concern that the intended purchase of land in the urban areas would in fact be purchased and mentioned the possibility that these might be overlooked because of a higher appraisal of the Bay - front land than the Commission would expect. He recommended that 6 million dollars be spent for this purpose and this be stated on the literature prior to the bond issue. After considerable discussion, the Commission agreed to open an already acquired park site on Brickell Avenue (Wainright Park) for use by the public until such time as the development actually begins. The following resolution was introduced by Mr. Christie who moved its a:o-etion: RESOLUTION NO. 43152 A RESOLUTION TO OPEN WAINWRIGHT PARK, AN ALREADY ACQUIRED CITY PARK FOR USE BY THE GENERAL PUBLIC UNTIL SUCH TIME AS ACTUAL DEVELOPMENT BEGINS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy NOES: None 1=20=72 -4- 5. SPECIAL COUNSEL FOR CONDEMNATION OF F.E.C. OWNED PROPERTY The following resolution was introduced by Mr. Christie, who moved its adoption: RESOLUTION NO. 43153 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH ATTORNEY JOHN FARRELL TO ACT AS SPECIAL COUNSEL FOR THE CITY OF MIAMI IN THE MATTER OF CONDEMNATION OF THE F. E. C. PROPERTY IN THE DOWNTOWN AREA OF THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the passed and adopted by the following vote - AYES: Graham, Plummer, Mrs. Gordon and Mayor Kennedy. resolution was Messrs. Christie, NOES: None 6. REID ACRES HIGHWAY IMPROVEMENT DEVELOPMENT H-4349 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43154 A RESOLUTION TO DEFER CONSIDERATION OF A PROPOSED RESOLUTION CONFIRMING ORDERING REID ACRES HIGHWAY IMPROVEMENT DISTRICT H`4349 UNTIL THE FIRST REGULAR MEETING IN APRIL 1972; PENDING THE OUTCOME OF AN ELECTION TO BE HELD ON MARCH 14, 1972, WHICH CONTAINS A PROPOSED CHARTER AMENDMENT DEALING WITH THE METHOD OF ASSESSMENT FOR DISTRICTS (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. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 7. LANDSCAPING OF CENTER LANES OF BISCAYNE BOULEVARD Mr. Thurston Hatcher, Architect, appeared before the Commission to give his opinion on the proposal of the Off -Street Parking Authority to landscape the parking area in the center lanes of Biscayne Boulevard. 1-20-72 Mr. Hatcher expressed the opinion that the implementation of this project by the Off -Street Parking Authority would forever dictate that the center lanes of Biscayne Boulevard be used for parking. Mayor Kennedy stated that he was in favor of the original plans presented for Biscayne Boulevard but if we adopted that plan, the federal government, the State, the County and the City Govern- ment, would all have to be involved and it would be a minimun of four years before anything was done. He stated that the beautification of the area by the Off -Street Parking Authority would not interfere with any future plan. He stated that this was a compromise plan and that the Off -Street Parking Authority was trying to cooperate with the City's efforts to landscape the area while protecting their own obligations concerned with parking spaces and revenue needed for parking garages. 8. N. W. CORNER N.W. MIAMI AVENUE AND N. W. 53RD STREET - REQUEST FOR CHANGE IN ZONING CLASSIFICATION Attorney Michael I. Rose, appeared before the Commission in behalf of the applicant, the M-53 Corporation, to request that this item be deferred to February 3, 1972 at 10:00 A.M., to which the Commission agreed. *9. CITY OF MIAM PARKS AND RECREATIONAL FACILITIES BONDS AND SPECIAL BOND ELECTION �Y� 15: An Ordinance entitled - AN ORDINANCE _ �tF'" AN ORDINANCE AUTHORIZING THE ISSUANCE, SUBJECT TO -S THE ELECTION HEREIN PROVIDED FOR, OF, $39,890,000 PARK AND RECREATIONAL FACILITIES BONDS OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST, TOGETHER WITH ANY OTHER AVAILABLE FUNDS, OF ACQUIRING, CONSTRUCTING, DEVELOPING, EXTENDING, ENLARGING AND IMPROVING PUBLIC PARK AND RECREA- TIONAL FACILITIES IN THE CITY OF MIAMI, INCLUDING FACILITIES PROPERLY APPURTENANT THERETO, THE ACQUISITION OF LAND FOR THE CONSTRUCTION, DEVELOP- MENT, EXTENSION AND ENLARGEMENT OR IMPROVEMENT OF SUCH FACILITIES, THE IMPROVEMENT AND FILLING OF LAND FOR SUCH PURPOSES, AND THE ACQUISITION OF EQUIPMENT; PROVIDING THAT THIS ORDINANCE SHALL GO INTO EFFECT IMMEDIATELY UPON ITS PASSAGE; AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION 1-20-72 ITEM 2-1 THIS IS THE ORIGINAL COPY OF A SPECIAL VERBATIN.TRRANSCRIPT OP ALL CONVERSATION IN CONNECTION WITH ADOPTION OF ORDINANCES CALLING THE BOND ELECTION FOR PARKS AND ASSOCIATED WITH RESOLUTIONS CONCERNED THEREWITH. NOTE: Prepared for Shutts F, Bowen, sent F, billed on JUNE 30, 1972 Icua,ctip treat./ nip. am for more parks and more open space. My big problem comes in the area of establishing priorities between what obviously is important in terms of parks in those areas in which people are probably living 100 to the acre, in the model cities area, the urban renewal areas and the N.D.P. areas and some other sites you have or are being purchased or start to be purchased on the bayfront which take up according to my calculations, 621 % of the total bond issue. I have asked Mr. Southern to give you a list of the sites that are designated in your proposal which are sites to be included in the model city, ndp and urban renewal area and one of the things which I have discussed with Mr. Reese when he was kind enough to call me yesterday or the day before, was the fact that I think you need to insure some way that these sites will in fact be purchased because I think what is going to happen is this. The certain land that you are trying to buy on the waterfront down on Biscayne Boulevard is probably going to come in at a higher appraisal than you think and the next thing that is going to happen is that somebody is going to reach in for these monies and say lets use them. I wonder for example when you put this package together, you realize that the idea from the ghetto to the bay meant 62h% for downtown and 15% for the ghetto area and I think that is a very serious problem. One of the other things that I submit to you:for your consideration and Mr. Reese suggested that this could be done is that on the literature that you print and publish espousing this issue and why you think that the citizens ought to vote for it, put in there that six million dollars will in fact be used for the acquisition of these properties so that frankly is Mr. Reese isn't here a couple of years from now and some of you aren't and somebody who is running the show decides they don't want to do it, a taxpayer could come into court and say he voted for this bond issue as a result of this provision in the agreement and he wants to come in and protect his rights. Let me tell you what else disturbs me about this issue. Someone and I don't know whether its this Commission or not has made a decision that its absolutely urgent to buy that downtown property and a condemnation suit has already been filed and you are going to be buying it with the money from these bonds. Mr. Reese indicates to me that it might be two years before you buy the property in the model cities area. Now I can't understand who figured that one out or why. Why or who can say its more important to buy Mr. Ball's property down there so that the pigeons can have a place to rest, so we can look at and get a scenic pleasure out of it instead of people in the urban renewal area having a little more breathing space and a little more open space and a little more recreation space. Now I am going to campaign against this issue if that schedule isn't changed, unless someone can tell me the validity of buying waterfront property on Biscayne Boulevard as opposed to buying it in the Model Cities area. Now I would be glad to stop but I assume there isn't really a hell of a good answer to that one. One of the other things that really bugs me and Mr. Reese was able to give me a copy of his plan this morning and I am not smart enough to read it that quickly but it spells out the various parks to be acquired and Mr. Christie, I have discussed this with you before. JAN 20, 1972 ITEM 2-1 Mayor Kennedy: This is an ordinance providing for the holding a special bond election on March 14, 1972 and dispensing with the reading of this ordinance on two separate days by a vote of not less than four -fifths of the City Commission. Anyone here on item 2-1, Mr. Fine? Martin Fine: For the record, my name is Martin Fine, 10th Floor Federal Building and I am appearing here merely as a citizen and as a taxpayer. I was here last week - shall I go on? I think I made several points which to me are quite important in connection with this bond issue and I will try to be brief cause I know you are running a little late. First of all I would like to make it abundantly clear that I am for more parks and more open space. My big problem comes in the area of establishing priorities between what obviously is important in terms of parks in those areas in which people are probably living 100 to the acre, in the model cities area, the urban renewal areas and the N.D.P. areas and some other sites you have or are being purchased or start to be purchased on the bayfront which take up according to my calculations, 621 % of the total bond issue. I have asked Mr. Southern to give you a list of the sites that are designated in your proposal which are sites to be included in the model city, ndp and urban renewal area and one of the things which I have discussed with Mr. Reese when he was kind enough to call me yesterday or the day before, was the fact that I think you need to insure some way that these sites will in fact be purchased because I think what is going to happen is this. The certain land that you are trying to buy on the waterfront down on Biscayne Boulevard is probably going to come in at a higher appraisal than you think and the next thing that is going to happen is that somebody is going to reach in for these monies and say lets use them. I wonder for example when you put this package together, you realize that the idea from the ghetto to the bay meant 621/4% for downtown and 15% for the ghetto area and I think that is a very serious problem. One of the other things that I submit to you for your consideration and Mr. Reese suggested that this could be done is that on the literature that you print and publish espousing this issue and why you think that the citizens ought to vote for it, put in there that six million dollars will in fact be used for the acquisition of these properties so that frankly is Mr. Reese isn't here a couple of years from now and some of you aren't and somebody who is running the show decides they don't want to do it, a taxpayer could come into court and say he voted for this bond issue as a result of this provision in the agreement and he wants to come in and protect his rights. Let me tell you what else disturbs me about this issue. Someone and I don't know whether its this Commission or not has made a decision that its absolutely urgent to buy that downtown property and a condemnation suit has already been filed and you are going to be buying it Iith the money from these bonds. Mr. Reese indicates to me that it might be two years before you buy the property in the model cities area. Now I can't understand who figured that one out or why. Why or who can say its more important to buy Mr. Bali's property down there so that the pigeons can have a place to rest, so we can look at and get a scenic pleasure out of it instead of people in the urban renewal area having a little more breathing space and a little more open space and a little more recreation space. Now I am going to campaign against this issue if that schedule isn't changed, unless someone can tell me the validity of buying waterfront property on Biscayne Boulevard as opposed to buying it in the Model Cities area. Now I would be glad to stop but I assume there isn't really a hell of a good answer to that one. One of the other things that really bugs me and Mr. Reese was able to give me a copy of his plan this morning and I am not smart enough to read it that quickly but it spells out the various parks to be acquired and Mr. Christie, I have discussed this with you before. JAN 20, 1972 There is one on Brickell Avenue that the City wants to buy, its the Wainright Park as I understand its been designated, the City spent about a million three to buy the property on one side of it and a substantial amount of money to buy property on the other but in the middle, or on one side rather that Mr. Gaines former home, its a beautiful area for a park and there is a great big sign that says its under development. Well that land is no more under development than this Commission has ten people on it and I don't see why we can't get that sign down and get people in there and be allowed to use that park. Mr. Christie: Mr. Reese, a number of people who live just accross the street have expressed to me the same sentiments as W. Fine in that if we were doing something, they would not mind staying out but they would like to take the benefit of the park or the land being there since its not being used and they don't want to break the law with the sign being up there. I am just wondering if we can allow the residents of the area to use this during the interim. Mr. Reese: If thats the wishes of the Commission, I don't see anything wrong with it. The reason the sign is up there is that we did not have the money left in the bond issue to do the development and with the participation of the department of the interior to the recreational fund, that is to be developed and just to say it was going to be developed was really FEU —intent and not to bar anybody from going into it but at the same time, somebody is going to have to be there to make sure that preservation of the bushes and so on or whatever it is that goes up to make a passive park is maintained. Mr. Fine: Mr. Christie, I would like to make a point here that I feel very strongly about. I remember when that property was purchased. Now my definition of a passive park would be some- thing like Simpson Park which you know very well. Now, by God if that's going to be a passive park, why can't the existing park that has that ugly sign under development, be used as a passive park? I don't need any keeper to tell me how to sit on the grass and look out at the water and get the benefit of the sun. Now I am not going to vote for this bond issue if I can't use that park until somebody decides they are going to develop it. He has just said its going to be a passive park, take that ugly sign off, open those gates and let us go in and use it because what you are really saying is buy that extra land and what are you going to do with it when you buy it? I don't think most adults or most children of people that have had some experience in parks, need somebody to tell them to play or sit in the park. If you want people to vote for these different acquisitions of parks, it would seem that the best thing to expect in the future is what you have done in the past. Now I know what really happens in that area. There is some people in that area that don't want anybody to ever come to that park. They want you all to buy it and keep it passive so nobody is ever there well, I think thats pretty selfish and I think you ought to enlist a promise from this administration that they will open those gates and let people come in and sit on that grass, just as Mr. Reese said, in a passive manner and if they want to throw a football, I guess that won't disturb the Department of the Interior either. Rev. Graham: Mr. Christie, I don't want to interrupt Mr. Fine but I want to get the point solidified in my own mind. What is you had reference to? Mr. Christie: Well its not the issue that we are talking about at the moment. At the moment, the park is closed with a sign there, sign reading in effect that its under development. What Mr. Fine has said and what some neighbors have said to me that its been there a long time and nothing is happening so why can't we use it in the present state? And thats why I will make a motion that as soon as possible within the next 72 hours that I don't think you are going to need any more than that, the sign be taken down and the gates be opened and closed at night when,as any other park and that this be opened up to the public. JAN 20, 1972 Mayor Kennedy: Is there a second to that motion? Mr. Christie" Until such time as the development actually begins. Reverend Graham: Second. Mayor Kennedy: Seconded by Reverend Graham, Mr. Reese, do you have any discussion on this? Mr. Reese: No Mayor Kennedy: Call the roll. Thereupon the following resolution was introduced by Mr. Christie who moved its adoption: RESOLUTION NO. 43152 A RESOLUTION TO OPEN WAINWRIGHT PARK, AN ALREADY ACQUIRED CITY PARK FOR USE BY THE GENERAL PUBLIC UNTIL SUCH TIME AS ACTUAL DEVELOPMENT BEGINS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None Mr. Fine: Thank you, I just have one other comment to make. Its very interesting that three members of this Commission are previous chairmen of the Planning Board and I don't really want to take any more time to tell you how important it is to get lands in that area for parks and urban renewal area and I would just like to make sure that you put something in documentation to show that you intend to keep the 6 million dollars in there and that it be done the first year that you can get ahold of this money. Second thing that we discussed the last time and I think is still a big issue, is the potential transfer of the parks or all of the recreational parks department to Metro. Mr. Reese in a memo just handed to me today said that this is a big, important item and deserves a lot of study and careful attention and I think he is absolutely correct. I personally do not want to confuse it with the bond issue at this moment because as I have calculated we only have 54 days before we vote on this but I think that this Commission ought to appoint a committee within or without the administration or both to study that because you are going to need the extra savings in millage in order to pay for all this park land you are going to get. I think if you don't do it soon, it will never happen. Thank you Mr. Mayor. Mayor Kennedy: Thank you Mr. Fine. Rev. Graham: Mr. Mayor, may I thank Mr. Fine for his umbudgmanship. I think its grand and I think we need it. JAN 20, 1972 Mayor Kennedy: Mr. Paul? Mr. Dan Paul: Mr. Mayor, I think I said last time what the position of the committee was and I feel strongly that this matter should go forward. I still believe should by reso- lution,since its not going to be put on the ballot, should adopt the sense of the Commission in reference to the transfer of the Parks Department. You have before you now, the City Managers report and of course as we could expect, his negative recommendation in reference to the transfer but the thing that particularly strikes me in this report and I hope that some members of the Commission would have time to accompany me because in the intervening period, I have been around and looked at the City parks and I think you would be shocked and horrified if you could see the shape of maintenance that now exists in your parks, you haven't got the money to maintain them. Contrast them with what Dade County is doing. The statement at the bottom of page 7 is just plain not true as an inspection of the parks will show. One of the arguments used against the park is that they would not be maintained as well as they are now being maintained. I want you to go around and look at these City parks and see their present condition. Mr. Fine has brought up only one on which there is a sign to keep out. I feel very strongly that if we are going to pass this bond issue, we have got to lay all the facts on the line to the public. We shouldn't have anything left up in the air and I feel very strongly that the Commission should adopt a resolution at this time stating that as soon as the arrangements can be worked out, it is the intention of the Commission to transfer Parks and Recreation Department to Dade County including any bonded indebtedness which may exist in connection with the acquisition of those parks. I have not seen the ordinance drafted by the City Attorney yet, I think the way you put the proposal on the ballot could be critical to its passage and I would like to see that before its passed. I have nothing further to say. Rev. Graham: Mr. Paul, let me ask you a question. Do you think that the willingness on the part of the Commission to suggest a transfer of the City Parks to the County has particular bearing on what will happen March 14th? Mr. Paul: I think it has absolutely critical bearing on it because I do not see in all equity how you can ask the tax payers of the City of Miami to acquire and maintain and saddle themselves with indebtedness that will benefit the entire county. I think its only in equity that that cost should be spread county wide. A great number of County residents are now using city parks and I think there would be a great deal more use and enjo e t of the parks by the persons living in the City of Miami if tunas were available to adequately maintain them and funds are clearly not available and not in the offing because of the millage cap. I think it would be a whole new day for the Parks and Recreation Department and the public of the City of Miami in addition to the benefits that would be derived in the County to justify they paying part of this cost. Mr. Christie: Again, as to these parks, are you referring to all the parks or transitional parks if you will, did you read the feasability study? Mr. Paul: Yes, it was just handed to me Mr. Christie before the meeting and during the course of this meeting. No I think I would start out with the regional parks from point of view of your transfer but those are details that can be worked out and I think that the most that the Commission can probably do at this time is to pass a resolution directing the City Manager to start making the arrangements for the transfer and to report back to the Commission in order to get it off dead center and let the public know what direction we're moving in. I don't think you could obviously adopt at this moment, a resolution of transfer because you need more facts. JAN 20, 1972 Mr. Rothstein: Mr. Mayor, on the issue of the funding and then turning it over to Metro, once it becomes the obligation of the citizens of Miami to a general bond issue to pay for parks, there is no way you can relieve them of that responsibility. There is some serious question in my mind as to whether or not the County itself could enter into anagreement to take over payment of'a general bond issue obligation that has not been voted on by the county residents when they have a method and a means of providing for a vote, in other words, the court action might arrive at a conclusion that the use of a city bond issue to put a burden of payment on the unincorporated areas and other cities might be a subterfuge to avoid what the charter requires. There is nothing definitive but certainly there is no way to relieve our citizens of the obligation as such. Thirdly you all recall that there is a verybitter battle in the voting booth concerning turning over our police and fire department which the citizens of Miami rejected overwhelmingly about 3 to 1. It may be that if we anticipate getting the bond issue passed, if we put in effect another consolidation issue, by making a resolution at this time you might certainly fog up the issues and may end up with the people who don't like Metro and don't want Metro ro run their community city facilities voting against the bond issue that they might very well be for otherwise, so this is one of the serious problems that you have to consider., Mr. Paul: One think I might add Alan, that maybe you have overlooked, the Metro charter provides, it doesn't even give the county an option, it provides that when any city functions are transferred to the county, the county has to assume the bond issue. Its perfectly true that the citizens of Miami would remain primarily liable if the county did not pay the bond issue but the authority for the county to assume the bond issue is spelled out in the charter and that has happened in the case of other functions that have been transferred to the County, thats not a new technique in any sense or term. Mayor Kennedy: Is there anybody else that wants to be heard on this issue? Mr. Rothstein: There also is the potentiality under the Metro Charter that if the county takes over these parks and the bond issue that they could put into effect a special taxing district on the City of Miami and put the obligation right back into the citizens of the City of Miami alone. There are a lot of problems to it and serious ramifications and one of these problems and these serious ramifications should be brought into the bond issue is a serious question. Rev. Graham: Mr. Reed. Mr. Reed: Mr. Mayor and Commissioners. There was one point that was brought up this morning that I would like to respond to, Mr. Fine found himself concerned about the allocation of money and suggested that perhaps certain areas of the community were not receiving monies at all and certainly not in proportion to the amount that they should be. For the past several years, I have been sitting on the Metro HUD Advisory Board and have had an opportunity to see vast amounts of money spent in small parks, open spaces, acquisition of land, removal of certain structures that were sub standard and all of these areas, in the model city area, I think there was recently a park in the amount of $400,000 that was purhased to launch that park. Mr. Adams tells me this morning that there is several million dollars presently allocated for this purpose being spent by the federal government, by the county government and I think its just not true that open spaces are not taking place in these areas and I think we recognize that its important to have these spaces but people that representthe wants them and the federal government wants them so the money that the City of Miami would spend on certain projects would be a great complement to the money that is presently being spent and I think it would expand the percentage figures that were given to you a little earlier. Thank you. Mayor Kennedy: Anyone else that would like to speak on this? Is there any comment from members of the Commission? JAN 20, 1972 Mr. Plummer: Do we have a figure? This was the point in question the last time when the actual bond issue, we were awaiting the penciled in figures of the appraisers. Mr. Reese; I understand that the appraiser has given cert- ifications to the City Attorneys Office as to the actual appraised value of the properties that are proposed in condemnation. Mr. Plummer: But what will the overall bond issue be as it is put forth to the general public? The amount? Mr. Reese: From what I have gathered over telephone conversation, that the certifications will still fall within the pencil estimates that was previously, and when I say they fall in, I don't have copies of the certification but its my understanding in a general sense, they will still represent the dollars that were projected as anticipated expenditures. Mr. Plummer: And we spoke before of 39 million dollars? Mr. Reese: Closer to 40. For all intents and purposes it will come out 39 but close to 40. I can call upstairs and see if I received the certifications this morning but - Rev. Graham: Mrs. Gordon, do you have any comment? Mrs. Gordon: No. Rev. Graham: Mr. Plummer, with your clarification now, are you ready to profer a - Mr. Plummer: Do you want a motion? Rev. Graham: Yes I think so. Mr. Plummer: I will move 2-1. Mayor Kennedy: I think we have to take 2-2 first, is that right Mr. Rice, Mr. Rothstein, shouldn't we pass 2-2 first before we pass 2-1? Mr. Rothstein: Yes, an ordinance authorizing the election and then thereafter, call the election. Mayor Kennedy: All right, is there a motion on 2-2? Mr. Plummer: The figure to be filled in Mr. Reese, is 40 million dollars? Mr. Reese: I will get the certifications. Mr. Christie: Well, before we take a vote Mayor, let me, I just wanted to just alert the Commission as to my feelings. I think I made it clear the last time and even with the recommendation of the City Manager against, there is some interesting points involved, one was on page 7, that there will be a reduction of 1.858 mills if we would transfer these to Dade County, and I am for the transfer of these regional parks to Dade County and I am even more so than I was before when I read, after reading the report. Now, if we are going to 2.2 of this, I think we really should be honest with the public as to our position on this matter. I don't know, I think we probably should express our opinions as to the issue, as to the transfer before we go into the bonds issue. I am of the opinion that the passage of the bonds would be easily handled if the citizens of Miami knew that they would not have to pay for the whole thing themselves since the Court, the debt service would be spread through the county and while we can't put the amount on i.t, I think that through the media, this point, if it is the will of the Commission couldn't set out;to the public and probably the citizens of Miami would react, I would say to you that after I made the statement some weeks ago, I received a number of phone calls from citizens of Miami in favor of this sayingin effect that since everybody uses the park, that they feel its more equitable that everybody pay for it. JAN 20, 1972 I would imagine that although we would be primarily liable for the bonded indebtedness that certainly and maintain the primary obligation that the county would indemnify us. Mr. Rothstein: Mr. Christie, I think that for the purpose of the lagality of the issue and the vote, I think youlad better get some kind of a statement from the Metropolitan Commission that they have budgetary - Mr. Christie: I am not saying we have to tie it up, I am just saying that I think though that probably the Commission's thinking on the park issue as to whether to transfer should be known by the public and then after its worked, then I would be glad to make the motion if it was legal to transfer the regional parks at this time after more study is done as to what is regional but I think we would be gaining two great advantages. one, reducing our millage by in excess of one mill and two having a uniform system. Rev. Graham: Since we have shifted the priorities and time, might I ask those interested in 2.1 are not interested also in 2.2? Mr. Rothstein: May I clear this up Reverend Graham? Rev. Graham" Yes. Mr. Rothstein: 2.2 and 2.1 both pass and affect the same thing but 2.2 has to be passed first, thats the only thing. Rev. Graham* Well this is what I am saying. Mr. Rothstein: There is no separate discussion necessary. Rev. Graham: You have heard then Mr. Christie's motion, is there a second? Mr. Southern: This was a motion of Mr. Plummer on item 2.2 right? Mr. Plummer: My motion was on 2.1 Mr. Christie: So there is no misunderstanding, this is the feeling of the Commission that it ought to be subject to a public hearing at a later time. I just feel though that the intent and present thinking of the Commission should be made known. The action would be taken after a public hearing where everybody if public notice was given and those who wanted to speak on it would come. Rev. Graham: Mr. Reese, did we get the mean figure or don't we need it? Mr. Reese: I have given George Acton the proposed Parks and Recreation program, I gave him a copy of the certifications too but I have to insert a correct figure and run a :new total and thats what is going on now and as soon as thats ready, why we will have the exact figure, or the estimated figure rather. Mr. Plummer: Mr. Reese, can I ask you Sir to the one point I made before. Do you recall the figure Sir for the F.E.C. property Sir, that lies north of the entrance to the port, what is the figure of the appraiser on that parcel alone? Mr. Reese: F.E.C. property is 711 million dollars. Mr. Plummer: Am I correct Sir, that that is 37 acres? approximately? Mr. Reese: I would say approximately 34 acres and I am basing that, that would be submerged land as well as filled land and that is being based on that piece being a companion piece of the city's property. Now, even 34 acres might be high but this would be off the bulkhead line. I think their actual fill land ill. less then the City of Miami filled land. JAN 20, 1972 In the certification, he doesn't give the acreage. The appraisal on that, F.E C. property is identical to the certification on the St. Joe Paper Company property. Rev. Graham: Mr. Rothstein, did you say that we have to wait for that? Mr. Rothstein: We have to wait for the figure, may I ask the Commission, while they are waiting, germaine to this, to pass a resolution authorizing me to negotiate with Attorney John Farrell to be special counsel on the F.E.C. condemnation, its a very technical and complicated matter and we really need someone who has great expertise and he used to do this for the County and has been hired by the State of Florida in his private practice now to handle their condemnation and it involves a great deal of time and much expertise and I think the city would be well advised to have his expertise because the difference involved between their valuation is over ten million dollars so its very important that - Mr. Christie: So moved. Mayor Kennedy: Moved by Mr. Christie, is there a second? Rev. Graham: Seconded. Mayor Kennedy: Seconded by Reverend Graham, call the roll. There upon the following resolution was introduced by Mr. Christie who moved its adoption: RESOLUTION NO. 43153 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO NEGOTIATE A CONTRACT WITH ATTORNEY JOHN FARRELL TOOACT AS SPECIAL COUNSEL FOR THE CITY OF MIAMI IN THE MATTER OF CONDEMNATION OF THE F. E. C. PROPERTY IN THE DOWNTOWN AREA OF THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Plummer, Graham, Mrs. Gordon and Mayor Kennedy. NOES: None Mayor Kennedy: Ok, while we are waiting on these figures, lets go on to item #10. This is the - Mr. Christie: I am just wondering Mayor when we get back to the point of transfer Or not to transfer - Mayor Kennedy: We will take up the whole matter. Mr. Reese: Mr. Mayor, to answer the question, leaving 7h million dollars as the appraised value in, recognizing that in condemnation there is other ramifications that could develop, that even though the appraised value of the land per se might represent that, there would be other claims and also anticipated development costs. Leaving in the penciled figure of 15 million dollars if the Commission thinks thats too much, its anybody's guess, brings your total to $40,017,000. Mr. Plummer: Mr. Reese, when you say fifteen million, thats for that one parcel alone? Mr. Reese: For that one parcel. JAN 20, 1972 . Q Mr. Plummer: Thats the thing that scares you. Mr. Reese: And, I want to point out that this appraisal does not take into consideration other claims that undoubtedly would be made. Mayor Kennedy: Lets go to item #3, a ten o'clock item. Mayor Kennedy: All right, on item 2.2, Mr. Plummer did you make this motion? Mr. Plummer: No Mr. Mayor, but I will be happy to make this motion. Mayor Kennedy: I would like to suggest that we put in that the City Manager when he has his final figure will keep the bond issue to $39,890,000 or less and work the figures to that point so that it will not exceed the figure of $39,890,000. Mr. Rothstein: The Manager suggested the figure be $39,890,000 It has to be a specific figure, you can't say - Mayor Kennedy: All right, the specific figure then will be $39,890,000. Mr. Reese: And the difference between that and the 40 million one hundred is development costs, thats whereit will be picked up. The difference is development costs and everybody now recognizes that these are estimate figures, estimated. Mayor Kennedy: there a second? Mr. Rothstein: Mayor Kennedy: Mr. Southern: Mr. Plummer moves that with that figure, is It has to be read, the ordinance has to be read. Will you read it Mr. Clerk? AN ORDINANCE AUTHORIZING THE ISSUANCE SUBJECT TO THE ELECTION HEREIN PROVIDEF FOR, OF $39,890,000 PARK AND RECREATIONAL FACILITIES BONDS OF THE CITY OF MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING THE COST TOGETHER WITH ANY OTHER AVAILABLE FUNDS, OF ACQUIRING, CONSTRUCTING, DEVELOPING, EXTENDING ENLARGING AND IMPROVING PUBLIC PARK AND RECREATIONAL FACILITIES IN THE CITY OF MIAMI, INCLUDING FACILITIES PROPERLY APPURTENANT THERETO, THE ACQUISITION OF LAND FOR THE CONSTRUCTION,DBVELOPMENT, EXTENSION OR ENLAR- GEMENT OR IMPROVBMENT OF SUCH FACILITIES, THE IMPRO- VEMENT AND FILLING OF LAND FOR SUCH PURPOSES, AND THE ACQUISITION OF EQUIPMENT; PROVIDING THAT THIS ORDINANCE SHALL GO INTO EFFECT IMMEDIATELY UPON ITS PASSAGE; AND DISPENSING WITH THE READING OF" THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE COMMISSION JAN 20, 1972 c a 1 s was introduced by Mr. Plummer, seconded by Mrs. Gordon for adoption and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None. Whereupon the Commission on motion of Mr. Plummer, seconded by Mrs. Gordon, adopted said ordinance by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None and said ordinance was designated ordinance no. 8034. Mayor Kennedy: Mr. Plummer: Mayor Kennedy: Graham. Item 2.1, would you read that by title? Has 2.1 been offered? Yes, I offered it Mr. Mayor. Offered by Mr. Plummer, seconded by Reverend Mr. Southern: a special bond and dispensing days by a vote Thats an ordinance providing for the holding of election in the City of Miami on March 14, 1972 with the reading of this ordinance on two separate of not less than four fifths of the city commission. was introduced by Mr. Plummer, seconded by Reverend Graham for adoption and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote -AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None. Whereupon the Commission on motion of Mr. Plummer, seconded by Reverend Graham, adopted said ordinance by the following vote - AYES: Messrs. Christie, Plummer, Graham, Mrs. Gordon and Mayor Kennedy. NOES None Said ordinance was designated Ordinance No. 8035 Mayor Kennedy: Item #4, a deferred matter, the attorney for the applicant, Mr. Phillip Schiff, Miami Beach Air Transport, there are two objectors, are they both present? Mr.Paul: Mr. Mayor, before you proceed to that item, your committee you appointed for the development of the bond issue has now completed its function and we would like to be discharged because I think its extremely important now that a successor committee to pass and promote the bond issue be appointed on a very broad basis representing the entire community and I think our function has now been discharged. Mayor Kennedy: I appreciate all that you have done Mr. Paul, on this and I am hoping though that you will also be on this other committee. Mr. Paul: I definitely will be happy to serve on the other committee but I think quite a bit of thought must go into putting together that committee and I am not suggesting that - you try to do it this morning, I just wanted to make it clear -- Mayor Kennedy: Would you come up with a list of recommendations of people who should serve on this? Mr. Paul: Yes, I would be happy to. Mayor Kennedy: And we will also do it and I think that this Commission ought to get a list together and lets have this appointed this coming week. Mr. Paul: The time is getting very short and if you need any authority - Mayor Kennedy: If the list will get into my office say by Monday of next week, we will make the appointments. JAN 20, 1972 i • Mr. Reese: Mr. Mayor and members of the Commission, among Mr. Paul's numerous remarks this morning, he made a comment as far as the title that goes on the voting machine on the ballot and I didn't want him to walk out of here and think somebody hid it but it is part of the ordinance that was adopted. The language developed by the City Attorney under the ordinance for the amount of the bond issue and that reads as follows: Shall bonds of the City of Miami, in an aggrate principal amount not exceeding be issued under the provisions of ordinance no. 1, whatever the ordinance no. is, for the purpose of providing funds together with any other avail able funds to pay the cost of acquiring, construction, developing, extending, enlarging, and improving public parks and recreational facilities in the City of Miami; such bonds to be issued at one time or from time to time in annual installments of 2 to 25 years inclusive after the date or dates of the bonds with to bear interest not exceeding 411% per annum and to be payable from unlimited ad valorum taxes. Mr. Paul: I would like to ask the City Attorney if its necessary to include that phrase, unlimited advalorum taxes, I think you will frighten everybody to death. Mr. Rothstein: It has to be done so that everybody is advised that it is not part of the ten mill limitation cap, otherwise the public might be assuming that there is a ten mill cap and those circumstances and they would pay no more than a ten mill cap. Mr. Paul: Couldn't you say it the same way by advalorum taxes which may exceed ten mills? Unlimited, sounds like a frightening word to me. Just a suggestion, maybe its not that important. Mr. Rothstein: I really don't think it is because up at the top it says in an aggragate principle amount not exceeding 39 million, this is what bond counsel wanted so I think we better leave it that way. Mayor Kennedy: Ok, number 4, Mr. Schiff. Conversation in connection with item 35 in the Minutes: (Afternoon) Mr. Christie: Mr. Mayor, before we get into the next item, its my fault with this voluminous agenda this morning, I did want to, and I feel that its hanging up in the air and I think it is in the public interest on this parks issue. I had made a motion to, of intent, to pass a motion of intent, for the public to know our position on the regional parks whether or not, if after the City attorney gave us the legal go ahead and after an analysis by Mr. Reese in more depth, that it came back to show that it was legally allowable to transfer, whether it would be the intent of this City Commission to transfer regional parks to Metro and I would like to put that in the form of a motion of intent to transfer pending legal feasability. In conjunction with that, to transfer the bonded indebtedness alongside with it. Mr. Rothstein: Would you please delineate and state a little bit more what you mean by regional parks? Mr. Christie: No, I said after the City administration came back and determined which are regional parks, I am going to let the administration do that. Yours would be the legal aspect and Mr. Reese would be the regional parks but, and that would be the beginning. JAN 20, 1972 Mr, Rothstein: In other words, you want us to come back before that resolution is Ordered? Mr. Christie: Yes at this time we are only going for a motion, as I am told by you, there are great legal remifications and thats why I am only going for intent. If all these obstacles would be clear, then I will make the motion to transfer it because I feel it is the responsibility of Dade County and not only the City. Mr. Rothstein: You said this morning you wanted a public hearing also. Mr. Christie: Subject to public hearing, right. M r. Christie: Mrs. Gordon, did you want to second that? Mrs. Gordon: No, I was going to ask a question, what did you mean by regional parks, which ones are they? Mr. Christie: That would be up to the administration under certain criteria that they would set up, for instance ones being used by - Mrs. Gordon: I would assume you meant the Bayfront. Mr. Christie; That and the ones on the borderline, the ones that are used by the community in general as distinguished by the ones of one square block within a neighborhood, you wouldn't consider that a regional. Rev. Graham: Do we have a second from you Mrs. Gordon? Mrs. Gordon: Yes, I am in favor of the regional park transfer. Rev. Graham: Yes with feasability, and I saw them enumerated, is the motion clear now? Call the roll please. Mr. Rothstein: Would you read back the motion so we know what we are voting on? Mr. Christie: 0f intent. Rev. Graham: This is Mr. Christie's motion. Mr. Southern, City Clerk: A motion of intent for the public to know our position on regional parks whether or not, if after the city attorney gives us the legal go ahead and analysis by the City Manager in depth, it came back to show that it was legally allowable to transfer, whether it would be the intent of this, of whether it would be the intent of this City Commission to transfer the regional parks to Metropolitan Dade County. Mr. Rothstein: Mr. Christie: Mrs. Gordon: Mr. Christie: Mrs. Southern: You do not have the public hearing aspect. After a public hearing. Wouldn't that include indebtedness? You want that Oh yes and the indebtedness. And bonded indebtedness along with it. there too. Rev. Graham: The motion is now clear, will you call the roll? Mr. Rothstein: You had better read it again because I am worried about what the bond counsel said now. Rev. Graham: Whose worried? Mr. Christie: Wait, its just intent, the bond counsel arguments would be up to you to see if we can do it, right? Mr. Rothstein: Yes, I think what you want to do is state that this is what you are going to consider pending, in other words JAN 20, 1972 in not that its your intent to transfer but its your intent to consider this issue once you have all the information, thats not the way you had it, thats why I asked him to read it. In other words, Mr. Clerk, that the Commission intends to consider the issue of the transfer of regional parks to Metro upon receipt from the Manager of his in depth report, of the City Attorney of his in depth report as to the legal and financial consequences and public hearings and dealing with the regional parks and dealing with transfer of the bond obligations. In effect its saying this Commission intends to consider all these things when you have all the information. Mr. Christie: Right. Rev. Graham: Now with that epitomized statement by the attorney can we call the roll now? Thereupon the following resolution was introduced by Mr. christie who moved its adoption: RESOLUTION NO. 43178 A RESOLUTION EXPRESSING THE INTENTION OF THE CITY COMMISSION TO CONSIDER THE TRANSFER OF REGIONAL PARKS AS DETERMINED BY THE CITY MANAGER TO METROPOLITAN DADE COUNTY UPON RECEIPT FROM THE CITY MANAGER AND THE CITY ATTORNEY OF AN IN-DEPTH REPORT AS TO THE LEGALITY AND FINANCIAL CONSEQUENCES AFTER THE PUBLIC HEARINGS HAVE BEEN HEARD DEALING WITH THIS SUBJECT AND AFTER OPINIONS HAVE BEEN RENDERED AS TO THE TRANSFER OF THE BOND OBLIGATIONS IN ADDITION THERETO (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. Christie, Graham, Gordon, Plummer and Mayor Kennedy. NOES: None JAN 29, 1972 wa8 introduced by Mr. Plummer, seconded by Mrs. Gordon for adoption ; and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None. Whereupon the Commission, on motion of Mr. Plummer, seconded by Mrs. Gordon, adopted said Ordinance by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None, and said Ordinance was designated Ordinance No. 8034. An Ordinance entitled - AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL BOND ELECTION IN THE CITY OF MIAMI ON MARCH1,14, 1972, AND DISPENSING WITH THE READING OF THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE CITY COMMISSION was introduced by Mr. Plummer, seconded by Mrs. Gordon for adoption and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Messrs. Graham, Christie, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None Whereupon the Commission, on motion of Mr. Plummer, seconded by Mrs. Gordon, adopted said Ordinance by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None Said Ordinance was designated Ordinance No. 8035. 10. KARIO ET SUBDIVISION - REQUEST FOR CHANGE OF ZONING CLASSIFICATION Mr. Phillip Schiff, representing the Applicant, Miami Beach Air Transport, appeared before the Commission to appeal an adverse recommendation of the Planning Department in a request to change the Zoning Classification for Lots 4 thru 8, Karkeet Subdivision (43-45) From R-3 (Low Density Multiple) to C-4 (General Commercial), located at approximately 4250 N. W. llth Street. Mr. C. J. Little, a neighbor adjacent to the above property appeared and objected to this request for change in zoning. He submitted photographs which he had taken of the property to the members of the Commission for their consideration. After considerable discussion, the following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 43155 A RESOLUTION GRANTING CONDITIONAL USE AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE 5, SECTION 1-6-C TO PERMIT OFF-STREET STRUCTURAL PARKING, ON A PORTION OF LOTS 4, 5, 6 AND 7,.KARKEET SUBDIVISION (43-45) BEING THE SOUTH SIDE OF N. W. 11 STREET WEST OF LE JEUNE ROAD, SUBJECT TO CONDITIONS HERE- IN AFTER SET FORTH, LOCATED IN AN R-3 ZONE (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. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None -T.. 1-20-72 11. VARIANCE FOR ENCLOSURE OF CARPORT- 2353 S. W. 21 TERRACE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43156 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE V, SECTION 3 (2) (a) , TO PER- MIT ENCLOSURE OF EXISTING CARPORT, WITH SIDE SET= BACK OF 3.6' (7.5" REQUIRED), FOR LOT 7 AND WEST 25' OF LOT 6, BLOCK 2, SOUTH VEDADO (2-63), LOCATED AT 2353 S. W. 21 TERRACE IN AN R-1 (ONE - FAMILY) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the passed and adopted by the following vote - AYES: Graham, Plummer, Mrs. Gordon and Mayor Kennedy. resolution was Messrs. Christie, NOES: None 12. VARIANCE FOR PACKAGE STORE - GRANADA SHOPPING CENTER The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43157 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE X0CVI I , SECTION 1 (2) , TO PER- MIT OPERATION OF A PACKAGE STORE, LOCATED AT 4819 S. W. 8TH STREET, TRACT B, GRANADA SHOPPING CENTER (5 6-16) , BEING 442 ' , 818' AND 2 , 0 34 ' FROM OTHER LICENSEES (2,500' REQUIRED), ZONED C-2 (COMMUNITY COMMERCIAL) (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the passed and adopted by the following vote - AYES: Graham, Plummer, Mrs. Gordon and Mayor Kennedy. resolution was Messrs. Christie, NOES: None 13. CONDITIONAL USE - DUO PARK UNITS - N.E. 3RD AVENUE & N.E. 2 ST. Attorney Guy Bailey, representing Mrs. Webb Jay appeared before the Commission and requested that this matter be deferred to the meeting of February 3, 1972, to which the Commission agreed. 14. CHANGE OF ZONING CLASSIFICATION - BEACOM MANOR The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43158 A RESOLUTION TO REQUEST THAT THE ORIGINAL APPLICATION FOR REZONING OF LOTS 49 & 50 BEACOM MANOR FROM R-1 to R-C, BE REFERRED BACK TO THE PLANNING AND ZONING BOARD FOR REHEARING. 1-20-72 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the passed and adopted by the following vote - AYES: Graham, Plummer, Mrs. Gordon and Mayor Kennedy. resolution was Messrs. Christie, NOES: None Attorney Sam I. Silver, representing the Applicant appeared in behalf of the adoption of the resolution. 15. CHANGE IN ZONING CLASSIFICATION, LOTS 6, 7 AND W. 10' LOT 8, BLOCK. 2, KINLOCH PARK An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871 (COMPREHENSIVE ZONING ORDINANCE) BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 6, 7 AND 7 AND W 10' LOT 8, BLOCK 2, KINLOCH PARK (11-35) , LOCATED AT APPROXIMATELY 4238 N. W. 1 STREET, FROM R-2 (TWO-FAMILY) TO C-2 (COMMUNITY COMMERCIAL) was introduced by Mr. Christie, seconded by Reverend Graham and passed on its first reading by title by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None APPEAL FROM PLANNING BOARD'S DECISION, NORTHWEST CORNER WEST FLAGLER STREET AND N. W. 42ND AVENUE Mr. Robert Paul, Attorney representing Republic National Bank appeared before the Commission in connection with an adverse rec- commendation of the Planning Department for a Variance from Ordinance No. 6871, Article XIV, Section 4 (1) (d) on Lots 8 through 19, Block 2, Kinloch Park (11-35) with 0' front setback (15.5' required)- C2. Mr. James Felton appeared and spoke against the adoption of the resolution. After considerable discussion, it was agreed to defer the matter momentarily. RATIO 16. PETITION FOR FLOOR AREA BONUSES - PARKING DECK - FORTE PLAZA The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 43159 A RESOLUTION GRANTING PETITION FOR FLOOR AREA RATIO BONUSES AS PROVIDED IN ORDINANCE NO.6871, ARTICLE XI-2, SECTION 5 (2), SUBPARAGRAPHS b, c, d, and f, AND PERMISSION TO HAVE PARKING ON EXPOSED DECK OF PARKING STRUCTURE AS PER SECTION 9 (4), SUBJECT TO CONDITIONS ATTACHED HERETO, FOR A PROPOSED OFFICE BUILDING TO BE LOCATED ON LOTS 14 THROUGH 25, AND INCLUDED ALLEYS, BLOCK 2, POINT VIEW AMENDED (2-93) KNOWN AS TENTATIVE PLAT #804 - "FORTE PLAZA"; ZONED R-CB (RESIDENCE -OFFICE) (Here follows body of resolution, omitted here and on file in the City Clerks Office) -9- 1-20-72 f Upon being seconded by Mr. Christie, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None Mr. John Forte, together with the Architect and Landscape Architect for the proposed building appeared and submitted detailed sketches to the Commission. 17. APPEAL FROM PLANNING BOARD'S DECISION, NORTHWEST CORNER WEST FLAGLER STREET AND N. W. 42ND AVENUE The Commission again took up the matter of the request for variance as detailed in item 15. After considerable further discussion, it was agreed to defer action on this matter to the meeting of February 3, 1972 at 10:00 o'clock A.M. fECESS: The meeting recessed at 1:25 o'clock P.M. until 2:45 o'clock P.M. The meeting was reconvened at 3:05 o'clock P.M. with the following members present: Messrs. Graham, Plummer and Mrs. Gordon. ABSENT: Mr. Christie and Mayor Kennedy 18. ACCEPTANCE OF COMPLETED WORK- SAC CONSTRUCTION INC. NEW FIRE STATION NO. 8 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43160 A RESOLUTION ACCEPTING THE COMPLETED WORK OF SAC CONSTRUCTION CO., INC. FOR THE NEW FIRE STATION NO. 8 - 1970 AT A TOTAL COST OF $329,563.21; ASSESSING $2,800.00 AS LIQUIDATED DAMAGES FOR 28 DAYS OVERRUN OF CONTRACT TIME; AUTHORIZING AN INCREASE OF $1,563.21 IN THE CONTRACT AMOUNT; AND AUTHORIZING, AFTER ALL ADJUSTMENTS, A FINAL PAYMENT OF $36,788.76 TO SAC CONSTR- UCTION CO., INC. (here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the resolution was passed and adopted by the following vote - AYES: Messrs. Graham , Plummer and Mrs. Gordon. -10- 1-20-72 19. commit.- ACCEPTANCE ...OF FROM ALDO RODRIGUEZ AND MARTINXANO RODRIGUEZ The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43161 A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND DATED DECEMBER 15, 1971, FROM ALDO ROD- RIGUEZ AND MARTINIANO RODRIGUEZ; AND AUTHORIZING THE ISSUANCE OF A PERMIT TO CONSTRUCT A TEMPORARY SEWER FORCE MAIN (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the resolution was passed and adopted by the following vote - AYES: Messrs. Graham, Plummer and Mrs. Gordon. NOES: None 20. COVENANT - ACCEPTANCE OF FROM JULIO A. VIYELLA AND SYLVIA VIYELLA The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43162 A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND DATED JANUARY 5, 1972, FROM JULIO A. VIYELLA AND SYLVIA VIYELLA, HIS WIFE, RELATING TO THE CONSTRUCTION OF A TEMPORARY SANITARY SEWER FORCE MAIN; AND AUTHORIZING THE ISSUANCE FOR A PERMIT FOR SAID CONSTRUCTION (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. Graham, Plummer and Mrs. Gordon. NOES: None NOTE: Mr. Christie entered the meeting. 21. COVENANT - ACCEPTANCE OF FROM YOAN ZAIFER & ORLANDO RODRIGUEZ The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 43163 A RESOLUTION ACCEPTING THE COVENANT TO RUN WITH THE LAND DATED JANUARY 7, 1972, FROM YOAN ZAIFER INDIVIDUALLY AND AS TRUSTEE, AND ORLANDO RODRIG- UEZ INDIVIDUALLY XND AS TRUSTEE, RELATING TO THE CONSTRUCTION OF A TEMPORARY SANITARY SEWER FORCE MAIN; AND AUTHORIZING THE ISSUANCE OF A PERMIT FOR SAID CONSTRUCTION (Here follows body of resolution, omitted here and on file in the City Clerks Office) -I1- 1-20-7 2 Upon being seconded by Mr. Christie, the resolution was passed and adopted by the following vote - AYES: Messrs, Graham, Plummer, Christie and Mrs. Gordon. NOES: None 22. APPOINTMENT OF NEW MEMBERS TO CITY OF MIAMI COMMITTEE ON ECOLOGY AND BEAUTIFICATION The following resolution was introduced by Mr. Christie who moved its adoption: RESOLUTION NO. 43164 A RESOLUTION APPOINTING EIGHT ADDITIONAL MEMBERS TO SERVE ON THE CITY OF MIAMI BEAUTIFICATION COMMITTEE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer and Mrs. Gordon. NOES: None 23. LUMMUS PARK CONCESSION The following resolution was introduced by Mr. Christie who moved its adoption: RESOLUTION NO. 43165 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO TERMINATE THE EXTENSION OF AGREEMENT EXECUTED SEPTEMBER 30, 1971 BETWEEN THE CITY OF MIAMI AND DORIS E. MC ALLISTER TO OPERATE THE CONCESSION AT LUMMUS PARK, SAID EXTENSION OF AGREEMENT NORMALLY ENDING JUNE 30, 1972; AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT FOR A TERM OF TWO (2) YEARS FROM FEBRUARY 1, 1972 AND ENDING JANUARY 31, 1974, BETWEEN THE CITY OF MIAMI AND BARBARA MEEKS TO OPERATE THE CONCESSION AT LUMMUS PARK, SUBJECT TO THE TERMS AND CONDIT- IONS AS PROVIDED IN THE AGREEMENT, THE SAME BEING ATTACHED HERETO AND MADE A PART HEREOF (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Plummer, Graham and Mrs. Gordon. NOES: None 24. COMMERCIAL DOCKS, PIERS 1 & 2 - SALVAGE & DEMOLITION OF The following resolution was introduced by Mr. Christie who moved its adoption: -12- 1-20-72 RESOLUTION NO. 43166 A RESOLUTION RELATING TO THE JUNE 24, 1971 CONTRACT FOR THE PROJECT ENTITLED "COMMERCIAL DOCKS - PIERS 1 & 2 - SALVAGE AND DEMOLITION"; TAXING THE PROSEC- UTION OF THE WORK OUT OF THE HANDS OF THE CONTRACTOR; AUTHORIZING CITY FORCES TO PERFORM CLEAN-UP WORK; AUTHORIZING ADVERTISING FOR BIDS FOR SALVAGE; ALLOC- ATING REVENUE FROM SALVAGE TO DEFRAY EXPENSES IN- CURRED BY CITY FORCES; DIRECTING THE CITY ATTORNEY TO RECOMMEND LEGAL MEANS AND/OR PROVIDE LEGAL DOC- UMENTS AND TAKE ANY NECESSARY LEGAL STEPS (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. Christie, Graham, Plummer and Mrs. Gordon. NOES: None The following resolution was introduced by Mr. Christie who moved its adoption: RESOLUTION NO. 43167 A RESOLUTION RELATING TO THE JUKE 24, 1971 CONTRACT FOR THE PROJECT ENTITLED "COMMER- CIAL DOCKS - PIERS 1 & 2 - SALVAGE AND DEMOLITION"; TAKING THE PROSECUTION OF THE WORK OUT OF THE HANDS OF THE CONTRACTOR; AUTHORIZING THE CITY FORCES TO PERFORM CLEAN- UP WORK; AUTHORIZING ADVERTISING FOR BIDS FOR SALVAGE; ALLOCATING REVENUE FROM SALVAGE TO DEFRAY EXPENSES INCURRED BY CITY FORCES; DIRECTING THE CITY ATTORNEY TO RECOMMEND LEGAL MEANS AND/OR PROVIDE LEGAL DOCUMENTS AND TAKE THE NECESSARY LEGAL STEPS TO RECOVER AN APPROPRIATE PORTION OF THE PERFORMANCE BOND (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. Christie, Graham, Plummer and Mrs. Gordon. NOES: None 25. PLAT ACCEPTANCE - TEBCO SUBDIVI SION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43168 A RESOLUTION ACCEPTING THE PLAT ENTITLED "TEBCO SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, LOCATED BETWEEN FEDERAL HIGHWAY AND BISCAYNE BOULEVARD AT N. E. 47TH STREET; AND ACCEPTING THE DED- ICATIONS SHOWN ON SAID PLAT; AND AUTHOR- IZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT -13- 1-20-72 • (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. Christie, Graham, Plummer and Mrs. Gordon. NOES: None 26. PLAT ACCEPTANCE - LEDI INDUSTRIAL SUBDIVISION The following resolution was introduced by Mr. Christie who moved its adoption: RESOLUTION NO. 43169 A RESOLUTION ACCEPTING THE PLAT ENTITLED "LEDI INDUSTRIAL SUBDIVISION" A SUBDIV- ISION IN THE CITY OF MIAMI, FLORIDA, LOC- ATED ON THE SOUTH SIDE OF S. W. 4 STREET BETWEEN 69 AVENUE AND 71ST AVENUE; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING.THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer and Mrs. Gordon. NOES: None 27. PLAT ACCEPTANCE - LANDMAN SUBDIVISION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43170 A RESOLUTION ACCEPTING THE PLAT ENTITLED "LANDMAN SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, LOCATED ON THE NORTH SIDE OF S. W. 8TH STREET BETWEEN 35TH AND 36TH AVENUES, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND ACCEP- TING A COVENANT TO RUN WITH THE LAND POST- PONING THE IMMEDIATE CONSTRUCTION OF CURB AND GUTTER AND PAVEMENT; 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 Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon. NOES: None -14- 1-20-72 28. DEMOLITION OF FIRE STATION NO. 7 - CUYAHOGA WRECKING CORP. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43171 A RESOLUTION AWARDING THE BID RECEIVED JANUARY 19, 1972, OF CUYAHOGA WRECKING CORPORATION IN THE ESTIMATED AMOUNT OF $3,745.00 FOR THE FIRE STATION NO. 7 DEMOLITION-1972, 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 Rev. Graham, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer and Mrs. Gordon. NOES: None 29. SEAPORT PROPERTIES AT THE PORT OF MIAMI The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43172 A RESOLUTION RATIFYING AND CONSENTING TO THE CONSTRUCTION OF CERTAIN EXTENSIONS, ENLARGE- MENTS AND IMPROVEMENTS OF THE SEAPORT PROPERTY AT THE PORT OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Christie, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer and Mrs. Gordon. NOES: None NOTE: The Mayor entered the meeting at 3:30 P.M. 30. P. B. A. COLLECTIVE BARGAINING - APPEARANCE BY REP. G. CHERRY State Representative Gwen Cherry appeared before the Commission to protest an opinion rendered by the City Attorney declaring that the City Commission was bound to recognize the P.B.A. in negotiations with the City. She stated this ruling has caused much disenchantment in the Black community. She expressed the opinion that even if the P.S.A. was legally constituted and not discriminatory, that the City would be obligated to have to negotiate with them. She stated that she felt that this recognition was fostering racism and that the City had an obligation to quarantine racism. Mr. Christie stated that this Commission over the years has gone on record as being opposed to any discrimination and went on record in condeming the discriminatory practices of the P.B.A. and ordering the administration not to negotiate with them but that the Legal Department had informed the Commission that this is not possible. City Attorney Alan Rothstein quoted State Statute 839.221 and said it provides that "All employees are assured the right and freedom of .associations, self -organization and the right to join any employee or labor organization which complies with the section and shall have the right to present proposals, relative to salaries 1- 20-7 2 • • and other conditions of employment through representatives of their own choosing." He stated further that if he didn't advise the Commission of the provisions of this Statutes, the P.B.A. would force them to negotiate. He stated that if these rules were not adhered to, other employee groups which may be predominantly black would be in the same position as the P.B.A., in that the City Commission could refuse to negotiate with them. He stated there was no question about his legal opinion and that he could not retreat from it, and that the broader view of it, in fact, protects all City employees and their rights. 31. PROPOSED LEGISLATION - FEDERAL ANTI RECESSION AND FULL EMPLOYMENT LAW Mr. Joseph Mongiovanni appeared before the Commission to request passage of a resolution stating the Commission would be going on record as favoring this proposed legislation for a Federal Anti -Recession and Full Employment Law. He stated he had talked with other officials and Presidential candidates and they favored passage of this law. Reverend Graham read to the Commission, the proposed resol- ution which outlined the need for this legislation. Mayor Kennedy said he didn't understand the resolution, in that he did not want to vote for legislation that he had not had the benefit of advance research; to ascertain exactly what the Commission would be voting for. After considerable further discussion it was decided that the wording of the resolution was not acceptable to the members of the Commission and that it would have to be changed. The Commission agreed to defer this matter until their meeting of February 3, 1972. 32. LEGISLATIVE LIASON TO REPRESENT THE CITY OF MIAMI The following resolution was introduced by Mayor Kennedy, who moved its adoption: RESOLUTION NO. 43173 A RESOLUTION EMPLOYING WILTON R. MILLER AS LEGISLATIVE LIASON REPRESENTING THE CITY OF MIAMI ( 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. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None -16- 1-20-7 2 3 3 . ORANGE BOWL CONCESSION Mrs. Gordon: Mr. Mayor, I have a matter and I have been patiently waiting for an opportunity that would be appropriate and I believe it is now. This is regarding the Orange Bowl Concession. The opinion and the concern of the City Attorney regarding the possible damaging lawsuit against the City of Miami by the present Orange Bowl Concess- ionaire weighed heavily in the decision to permit the City Manager to execute the contract on January 26th. Since then, it has come to my attention that the Miami Dolphins are apparently willing to execute a Indemnification Agreement and Hold Harmless Agreement with respect to any and all legal liability, court costs, attorneys fees and the like which might arise out of the City of Miami submitting the present Orange Bowl contract to public bid. It is further understanding that such documents would relieve the City of Miami from any and all costs incurred by virtue of any claim by Restau- rant Associates Inc., or subsidararies arising out of what they may consider a breach of their present contract. If this is indeed a correct interpretation of the facts, I make the following motion: Since I have always been and presently am in favor of competitive bidding and so stated in making my motion on December 20, providing that the Miami Dolphins Inc., and each of their principals and all persons who are presently plaintiffs in the pending suit against the City, shall execute a fully legal and binding agreement containing the following terms. I move that the City of Miami instruct the City Manager not to sign the Concession Extension Contract on January 26 and reconsider the question of submitting the Orange Bowl Concession to public bidding. Such an agreement must be in writing and executed by all of the plaintiffs in the lawsuit as well as all of the principals of the Dolphins as well as the Dolphins itself and such agreement in writing must be presented within 10 days of this date. Such agreement must be approved as legally binding and enforcable by the legal staff of the City of Miami. Such agreement must be unconditional and not be based upon the success of the Dolphins or any particular bidder being the successful bidder. It must be an unequivocable agreement to indemnify and hold harmless. The agreement must be accompanied by an Idemnification Bond by a reliable surety in the principal amount sufficient to protect the City. The duration of the agreement should be sufficient to protect the City under the Statute of Limitations regarding any such claim or claims. And this I so move. Rev. Graham: Is this a motion to open competitive bidding? Mr. Rothstein: Is this a motion to reconsider Resolution No. 43113 subject to certain conditions? Mrs. Gordon: If you will identify the numbers you have just spoken I will then answer your question. Mr. Rothstein: Its the resolution that directed the Manager to sign the contract pursuant to Resolution No. 42370 of April if he is not enjoined on the 25th. Mrs. Gordon: You are speaking of the resolution that was made on the 20th of December? This is a modification of that. Mr. Rothstein: This is a motion to reconsider that motion, is that what you are doing? Mrs. Gordon: This is a motion to ask the City Manager not to sign the Extension Agreement on the 26th. Mr. Rothstein: Well the proper procedure would be for reconsideration of Resolution No. 43113 subject to certain terms and conditions and I would think that you would have to have an agreement which is approved by the Manager and the Legal Staff, plus a Bond and approved by the Commission. For example, if you go ahead and have the Manager recommend to do something and he says that he feels that $100,000 or $200,000 or $300,000 bond is appropriate, and the Dolphins feel that the bond should be $1,000. or $5,000. somebody is going to have to make that decision, so, the first step you have to take is is to get appropriate monetary security and contract and indemnification and in essence what you have to do is move to rescind that particular resolution before you can vote positively to do something else. Mrs. Gordon: All right. The motion you are asking for is the motion rescinding the Motion made on the 20th of December, is that correct? Mr. Rothstein: Yes, thats Resolution No. 43113. Mrs. Gordon: All right, I'll move that, that we rescind that. Mr. Rothstein: And another thing now. You are putting in here about public bidding. There is no requirement under the City Code about public bidding and there is no requirement that the highest bidder receive the contract. As a matter of fact, what Mr. Paul has many times said that the City would receive much more money under the Dolphin proposal if the Dolphins were not the highest bidder. Somebody else was the highest bidder. Mrs. Gordon: Im not speaking for the Dolphins or against the Dolphins or for the Restaurant Associates or against them. I am only speaking for public bidding. And I am speaking to that point today because that at the time that the motion was made on December 20, I was not, it was not called to my attention that there was an Indemnification available to the City. An agreement which would indemnify against loss which was my personal major concern that this City not be put in a position of possible damages. Mr. Rothstein: The reason it wasn't called to your attention was because it was never made by the dolphins until that day and Mr. Paul, that day threw out some kind of a statement about indemnification. So there was never idemnification discussed prior to that date. Mrs. Gordon: In searching the minutes, I found that it had been stated on the 9th of December. Mr. Rothstein: In what detail? Never mind, I will accept that but what I am saying to you is that you are talking about public bidding and what everybody seems to lose sight of is that public bidding is not required and public bidding if you are going to say that you want public bidding - do you mean that the highest bidder, the only thing I am trying to do is that you have voted to have the Manager do something and he has to know what you are telling him to do, theta what I am saying. If he is satisfied with the terminology of public bidding and what it means, then I am satisfied. Mrs. Gordon: I am sure that he does and has sent out many bids and he did that in the previous bidding request, the first time around and I am sure that he knows how to do it this time. I am explaining to you the reason why I am bringing this up today and I am concerned by this and I think it should be a practice that the Commission should always ask for public bidding in any kind of concessions that go to this length of time. And I certainly would have requested it myself had I known there was a way of preventing the City from being without it. -1$- 1-20-72 • • Rev. Graham: It seems to me that you have to get the original resolution rescinded before we can discuss it again. Mr. Rothstein: You have motion and then if there then you have to vote on to move to reconsider your original is a positive vote for reconsideration, whether or not to rescind it. Mrs. Gordon: Now, you want the motion to rescind the motion of December 20th? No. 43113. Mr. Rothstein: Yes, a motion to reconsider Resolution No. 43113 and then if the motion to reconsider is passed, then you would bring up the motion that you read that you want to rescind it on this basis and under these conditions. Mrs. Gordon: I move to rescind Motion No. 43113. Mr. Rothstein: No, you have to move to reconsider Resolution No. 43113. Mayor Kennedy: All right, it's been moved by Mrs. Gordon to reconsider. Is there a second to the motion? Mr. Christie: Second the motion. Mayor Kennedy: Seconded by Mr. Christie. Call the roll. Whereupon the motion was passed and adopted by the following vote: AYES: Messrs. Christie, Graham, Plummer and Mrs. Gordon NOES: Mayor Kennedy. Designated Resolution No. 43174. In casting his NO vote, Mayor Kennedy stated that this is a case that is in Court at the present time. When is the trial set on that? Mr. Paul: Hearing for preliminary injunction on the 25th. Mr. Rothstein: Mr. Mayor, the merits of the issue of whether to rescind it or not have not yet come before the Commission. This is whether to reconsider No. 43113. In other words, the resolution that is now before you is to reconsider that resolution and if it receives an affirmative vote then you have to go into the merits of whether or not to change that resolution. Just whether or not you want to open it for discussion. Mayor Kennedy: I am still going to vote no. Mr. Rothstein: ,Now, Ma'am, you go ahead and make your motion, to reconsider and change Resolution No. 43113. Rev. Graham: I think the vote is in, its four to one for the motion. Mr. Rothstein: That only allows you discussion. Now she has the right to make the motion on the merits of whether or not to change that resolution. Mrs. Gordon: It was a motion which would say to rescind No. 43113? Is that what you want now, again? Mayor Kennedy: State your motion again, will you? -19- 1-20-72 Mts. Gordon: The motion is to rescind 43113 which was passed oh December 20th. Mr. Rothstein: Subject to those terms and conditions. Mayor Kennedy: Is there a second to that motion? Mrs Gordon : Do you want me to reiterate the Resolution that I stated first? Mr. Rothstein: Yes, subject to those conditions. Mayor Kennedy: What are you asking now? Mrs. Gordon: I am asking to be permitted to offer the Resolution the motion, that I stated first, provided that the Miami Dolphins Inc. and each of their principals and all persons who are presently plaintiffs in a pending suit against the City shall execute a fully legal and binding agreement containing the following terms. I move that the City of Miami instruct the City Manager not to sign the Concession extension contract on January 26th and reconsider the question of submitting the Orange Bowl Concession to public bidding. (1) Such an agreement<<.mubt be in writing executed by all of the plaintiffs in the lawsuit as well as all principals of the Dolphins as well as the Dolphins themselves. Such agreement in writing must be presented within 10 days of this date. Such agreement must be approved and legally binding and enforceable by the legal staff of the City of Miami and such agreement must be unconditional and not be based upon the success of the Dolphins or any particular bidder being the successful bidder. It must be an unequivocable agreement to indemnify and hold harmless. The agreement must be accompanied by an indemnification bond by a reliable surety in a principle amount sufficient to protect the City. The duration of the agreement shall be sufficient to protect the City under the Statutes of Limitation regarding any such claim or claims. Mr. Paul: The Dolphins accept all of those conditions. Mrs. Gordon: I so move. Rev. Graham: Is there a second to the motion? Mayor Kennedy: All right its been moved and seconded, call the roll. Whereupon the motion was passed and adopted by the following vote - AYES: Messrs. Graham, Christie, Plummer, Mrs. Gordon NOES: Mayor Kennedy. Designated Resolution No. 43175. In casting his NO vote, Mayor Kennedy stated that he wanted to give a little history. Mr. Paul, you probably don't know this this history I don't like the tactics that Mr. Robbie has been using and I think that only his side has been heard and I think its time for another side to be heard. I have been very PRO to the Miami Dolphins ever since they have come to this area and I had the privelege of being one of the coordinators for the Presidential Inagural in 1964, I think that I was the first man that Mr. Robbie ever talked to about getting the franchise here. I introduced him to Mayor High and Mr. Reese and other people and he went from there and received the franchise and we have always tried to help him in every way. In fact, this year, at your suggestion, we dropped the percentage rent for the three exhibition games which shows from the figures supplied to me by Mr. Bailey, that we have saved him $120,019.00 just on that one occasion. -20. 1-20-72 When this came up, Mr. Reese had it advertised and it was at a scheduled meeting, it was not a secret meeting and Mr. Robbie didn't even come at that time to ask this to be for competitive bidding. Mr. Paul: Theta just not fair Mr. Mayor and you know it. Mayor Kennedy: Well, I am stating it from the way, I think they are and the way I understand them and at that time, Mr. Paul did not come if he had, we certainly would have put this out for competitive bid and a; the time, Mr. Reese suggested that this was something that was permissable and he highly recommended it and that they nev:ded to make these improvements there and that they wanted to make these improvements based on getting the renewal of the contract. They have certainly done a good job and this Commission went along with his recommendations and since that time this has come out after we had voted unanimously on this and it was the mighty Dolphins that brought this lawsuit and the lawsuit is going to be tried on February the 25th, I mean on January the 25th and before its even tried in the Court, the Miami Dolphins have gone to the Radio stations, the editorial boards of both papers and tried to get editorials on this before it even comes before the Court. Now they're saying that they want this rescinded and obviously if they were correct and they had a good case, it would all be a moot question anyhow and if the Court enjoined us, we would have to put it out to competitive bids but obviously today we needed this resolution by Mrs. Gordon because possibly the suit was not brought on good grounds. Mr. Robbie has personally treated myself and other members of this Commission with great disrespect when I don't think we deserve it. We called for tickets to the Super Bawl Game and not for free, we always pay for our tickets when we ask him for them and he said "I wouldn't give anybody on that Commission tickets to the Ball Game", he constantly snubs us. In New Orleans at the Super Bowl game he completely walked by me. He is a man that is very vindictive when he should not have been. He is as much of a public figure with the importance that this club has taken and what it means to this community and I think that this has been handled very badly on his part and I have to back my City Manager when he says that this is in the best interests of the City and my City Attorney who said it is a legal contract and I feel obligated to stick to the Resolution that we originally voted on. Mr. Paul: Mr. Mayor, I don't want to respond to your personal fued with Mr. Robbie or your tickets. My understanding is that you didn't call Mr. Robbie and ask for the tickets but thats a minor point. But I think there is one point however that is much more important that you are overlooking. This issue is much bigger than shutting the Dolphins out of the opportunity for public bid. This issue goes to the integrity of this entire administration. I shouldn't have to stand here and tell you the advantages of public bidding in a public body. The basis of honesty in a public body is the basis of getting the best deal for the City and it happens to be the basis of getting everybody an equal and a fair chance. That principle is much bigget than the Miami Dolphins its much bigger than David Kennedy and its much bigger than the City of Miami and I am ashamed that you don't see what that principle is and the principle is that every member of this Commission ought to stand up and uphold and I am shocked to find that there is not support for that principle on the most lucrative concession in the City of Miami. There was absolutely no notice given on April 15 when this matter came up. There was one item item 22 on the agenda, it said "Orange Bowl' The City Manager did not notify any single previous bidder and if you read the agenda you couldn't have possibly told. An 8 year extension of a contract that you let by competitive bidding was going to be ramrodded through the Commission on that day. I don't want to get into any part of the argument between you and Mr. Robbie personally. -21.. 1-20-72 • But facts are facts and principles and integrity in government are important and I think that glossing over that important fact is trying to say that you have to follow the recommendation of your City Manager and if hes wrong, he's wrong and when he doesn't let the most important concession in the City of Miami out to competitive bidding, he's just plain wrong. Mr. Rothstein: Mr. Mayor, the present posture is that Resolution No. 43113 is still in full force and effect as well as the original resolution until and when a satisfactory agreement and bond is posted and at that time, the Commission when bond is posted and the agreement done, this Commission would have to rescind its original April 15th resolution awarding the contract, the first step has to be done. Mrs. Gordon: I have a question Mr. Rothstein. If this 43113 is in full force and effect then the contract could be signed on the 26th and this resolution today is to see to it that it does not take place on the 26th. Mr. Rothstein: Thats exactly why I am advising you that they have to within that time period satisfy the conditions or other- wise it will get signed. Mrs. Gordon: Well if you recall, in the second item of the motion it said such agreement in writing must be presented in ten days and the 26th is not ten days away. So consequently, you are amending what I had as a motion. Mr. Rothstein: Thats why I am calling it to your attention because I know what your intent is and I wanted to call that to your attention so that you are in a position now to say that this must be done in so many days and to be done either succe- ssfully or not prior to the 26th. Thats exactly why I am calling it to your attention. Mrs. Gordon: Well then we have to find the right way to do this because it is my intent and you tell me the right way to do it that this contract not be signed under any condition before the 10 days. Now I've just been told that Resolution No. 43113 is in full force and effect which means that it could be signed on the 26th, if the bond and the idemnification are not approved by you prior to that date. Mayor Kennedy: No allan, you are right Mrs. Gordon, thats what you just voted on and that was the extent of her motion. It was the intent of her resolution and the original resolution is rescinded, its gone. Mr. Rothstein: But she made it subject to, and I am trying to clarify this. The intent of the Commission is clear that nothing should be signed for 10 days because within the 10 days, the contract and the bond also have to be approved. Mr. Paul: Mr. Rothstein, do you want me to draw the bond or do you want me to draw it? Either way, it makes no difference to me. Mr. Rothstein: Why don't you submit it with your idemnification and everything. Mr. Paul: All right, I would like to get a copy of this resolution so I can meet all the conditions that you have. Reverend Graham: Mr. Mayor, I want to keep the record straight. Mr. Paul said that there was no ----for our competitive bidding and this was simply not true. -22- 1-20-72 Mr. Paul: No, 1 understand. Rev. Graham: Now, on the other ar,:d I hope I'm wrong in what I'm saying but I have to make certain that this isn't a contest between Restaurant Associates and the Dolphins. We are going to talk about Open Bidding, it has to be for everybody, hasn't it? Mr. Paul: Absolutely, in our position. Everybody should have a chance. We may not win the bid. Mr. Rothstein: Well I don't think that the one thing that Mr. Paul has suggested all along goes along with the statements he has just made about public integrity. He said all along that the specifications can be restated so that only certain qualified types of people can place bids so not if you are going to fit the specifications to certain types and then you don't have what he wants, which is open bidding. I think the Manager has to be given some direction by the Commission as to what you mean by public bidding. Mr. Christie: I think thats a little moot because whatever criteria was used in the first place, I guess would go in the second place. Mayor Kennedy: This means we would withdraw from the lawsuit on the 25th? Mr. Rothstein: We don't withdraw anything, presuming that they are dropping it, they are suing us. Mayor Kennedy: Are you going to drop the lawsuit after today's action, you don't need it. Mr. Paul: I would think we would not need it. Thank you. Rev. Graham: Now Mr. Mayor that that's over, I think that the City Manager should be saying this, not I. Is he clear on what he is supposed to do from now on in on the question of letting contracts? I am just asking because I am just asking if I am clear, more than you Mr. Reese. You may be but it's all clear as mud to me at this moment, frankly. Mr. Reese: Well I wish the Commission would amend some words in Mrs. Gordon's resolution and one of the things is, to direct the City Manager, rather than to request the City Manager, to direct him to prepare specifications to put this out on bid. The way I understood it being read and Rose correct me on this, if I understood your resolution, the Commission was requesting the City Manager to put this out on bid. I would like to suggest that you direct me to prepare specifications and put them out for bid for this concession. Mrs. Gordon: Rev. Graham: question of, Well thats the intent, yes. Requesting, directing. OK directing. Is that enough Alan to get that changed, its a I think she meant that all along. Mr. Rothstein: Yes, just make another motion, directing the Manager to prepare specifications and put the Orange Bowl Concession out for bid. Mrs. Gordon: I want to ask you a point Mr. Rothstein. Do you want us to do this now or to wait and see if you get this Indemnification Agreement? -23- 1-20-72 Mr. Rothstein: I would do it now. Mrs. Gordon: You want it done now, directing, irregardless of whether you get - Mr. Rothstein: I am assuming that their Indemnification Bond will be all right. Mrs. Gordon: Ok, fine then - Mr. Reese: It won't be ready in 10 days, I'm quite sure of that. Mrs. Gordon: All right, then I will make the motion directing the City Manager to prepare specifications for public bidding. Rev. Graham: Any discussion? Call the roll please. Mr. Southern: Is this going to be a motion to take the place of the other one? Mr. Reese: Directing the Manager to prepare specifications and put them out for public bid on these concessions. Mrs. Gordon: satisfactory This is part Well don't we have to put in there when a indemnification has been received? of the concern. Rev. Graham: That was stipulated in the first motion. Now you will call the roll, Mr. Clerk. Whereupon the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None Designated Resolution No. 43176. 1-20-72 -24- 34. ORANGE BOWLMPROVEMENT PROGRAM Upon recommendation of the City Manager, the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43177 A RESOLUTION ADOPTING THE RECOMMENDATIONS CON- TAINED IN THE CITY MANAGER'S JANUARY 20, 1972 MEMORANDUM RELATING TO THE PROPOSED $245,000 ORANGE BOWL IMPROVEMENT PROGRAM FOR 1972; APP- ROPRIATING $100,000 FROM THE ORANGE BOWL FUND APPROPRIATIONS FOR SAID IMPROVEMENTS; APPROP- RIATING $135,000 FROM CAPITAL IMPROVEMENTS UNALLOCATED FUNDS FOR SAID IMPROVEMENTS; ESTAB- LISHING POLICY OF THE CITY COMMISSION THAT NO EVENTS BE SCHEDULED IN THE ORANGE BOWL UNTIL SUCH TIME AS THESE IMPROVEMENTS ARE COMPLETED PRIOR TO THE 1972 FOOTBALL SEASON (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Christie, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 35. TRANSFER OF CITY OWNED REGIONAL PARKS TO METROPOLITAN DADE COUNTY The following resolution was introduced by Mr. Christie who moved its adoption: RESOLUTION NO. 43178 A RESOLUTION EXPRESSING THE INTENTION OF THE CITY COMMISSION TO CONSIDER THE TRANSFER OF REGIONAL PARKS AS DETERMINED BY THE CITY MANAGER TO METRO- POLITAN DADE COUNTY UPON RECEIPT FROM THE CITY MANAGER AND THE CITY ATTORNEY OF AN IN-DEPTH REPORT AS TO THE LEGALITY AND FINANCIAL CONSEQUENCES AFTER THE PUBLIC HEARINGS HAVE BEEN HEARD DEALING WITH THIS SUBJECT AND AFTER OPINIONS HAVE BEEN RENDERED AS TO THE TRANSFER OF THE BOND OBLIGATIONS IN ADDITION THERETO (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. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 36. LE JEUNE GARDENS HIGHWAY IMPROVEMENT H-4353 The following resolution was introduced by Mr. Christie who moved its adoption: i • RESOLUTION NO. 43179 A RESOLUTION ORDERING LEJEUNE GARDENS HIGHWAY IMPROVEMENT H-4353; DESIGNATING PROPERTY AGAINST WHICH SPECIAL ASSESSMENT SHALL BE MADE FOR A PORTION OF THE COST THEREOF AS LEJEUNE GARDENS HIGHWAY IMPROVEMENT DISTRICT H-4353; AND ALLOC- ATING THE SUM OF $1,000.00 TO COVER THE PRELIM- INARY COSTS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 37. BID AWARD - UNIFORM CLOTHING FOR THE POLICE DEPARTMENT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 43180 A RESOLUTION ACCEPTING THE BID RECEIVED NOVEMBER 17, 1971 OF EAGLE UNIFORM COMPANY, DIVISION OF TERRANCE INDUSTRIES, INC., FOR FURNISHING UNIFORM CLOTHING FOR THE POLICE DEPARTMENT, AS REQUIRED, FROM DATE OF AWARD THROUGH DECEMBER 31, 1972. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Graham, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer and Mrs. Gordon. NOES: Mayor Kennedy. A discussion occurred prior to the adoption of the resolution and the successful bidder had been challenged because no local tailor to represent them had been named in the original bid. Mr. Jack Kline, representing Marten Uniforms appeared and spoke against the adoption of the resolution and stated that the successful bidder was not a Miami Business and the uniforms would be made by people outside this area. He stated that he represented the best qualified bidder and that his organization was in Miami and would use Miami people in the manufacture of these unforms. The City Manager assured the Commission that all aspects of the successful bidder had been investigated by the appropriate persons and that it was determined they would do a satisfactory job. It was moved and adopted upon the recommendation of the City Manager to adopt the resolution. 38. RETIREMENT BOARD - APPOINTMENT OF ONE MEMBER The following resolution was introduced by Mayor Kennedy who moved its adoption: RESOLUTION NO. 43181 -26- 1-20-72 A RESOLUTION APPOINTING ALICE WAINWPIGHT TO THE RETIREMENT BOARD OF THE MIAMI CITY EMP- LOYEES RETIREMENT SYSTEM AND PLAN FOR THE TERM EXPIRING DECEMBER 1, 1973 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None Mrs. Gordon offered the name of Mrs. Eunice Liberty as an alternate if Mrs. Wainwright is unable to serve on the Board. -27- 39. ItUSE, O'CONNOR AND LING, ACTUARIES FOR THE PENSION SYSTEM Mr. Reese: Members of the Commission, there is one more item that I have passed out to you and that is a letter from Kruse, O'Connor and Ling, who are the Actuaries for the Pension Plan. This letter was brought about after the periof of time since Uniform: personnel, Police and Fireman requested that the proposed 4% should be held in reserve until could explore the possibility of being in a position to increase their pension benefits, by applying the 4% toward toward the program dollars to their particular system. This letter has just come in and I promised the group that I would bring it to the City Commission, but I would like to ask you to be able to put it on the ajenda two weeks from now because I'm not in a position to answer any of the questions that might be raised by the City Commission that you might want the Administrations evaluation of. I think it is something that you would want to read and be knowledgable of. Mr. Graham: Is there any objection to what the Manager has said? Simply on the agenda, he wants it. Mr. Reese: I am putting it that way so there is adequate time for the administration to bring up any evaluation which they might want. Mayor Kennedy: Thats on the Kruse Report. Mr. Reese: Thats right. This deals with the percentage that uniform people want. Mayor Kennedy: Will we have your recommendation on that at that time? Mr. Reese: Yes Sir. At the next Commission meeting. Mr. Joe Ward: Could we ask that at the same time that Mr. Reese is doing his research, that the City Attorney also be involved in this and draw up a proper Ordinance so it will not delay any further. At this time we have people on our register that will not be promoted due to this delay now and the Police Department is in the same position. To avoid any further delay if we could have the City Attorney cooperate with you Mr. Reese. Mr. Reese. I am quite sure that this could be carried on. I can't account for the completion on his part but I can account - Mr. Graham: Mr. Attorney, did not hear the statement? Do we have to have action? Mr. Rothstein: No. -28.. 1-20-72 • • 40. CUBAN ROTARIANCLUB - REQUEST FOR PALM PLACEMENT AT MEMORIAL TO JOSE MARTI IN BAYFRONT PARK Mr. Jose Vadanna, representing the Cuban Rotarian Club appeared before the Commission and requested the placement of six Royal Palms at the Bust of Jose Marti in Bayfront Park. The City Manager explained that the City had no such palms at the present time and that the cost of six Royal Palms would be a considerable expenditure and that there were no funds available for this purpose. He stated that the City would be able to prepare the ground for these palms provided that the expenditure of the purchase of the palms themselves would not be placed on the City. Mr. Plummer stated that the cost of transporting six Royal Palms alone would be a large expenditure. After considerable discussion, the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 43182 A RESOLUTION APPROVING THE PLANTING OF SIX ROYAL PALM TREES IN BAYFRONT PARK IN THE AREA OF THE BUST OF JOSE MARTI AT NO COST TO THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Christie, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 41. FREE USE OF MIAMI BASEBALL STADIUM FOR BASEBALL GAME Mr. Tony Perez, representing a group of baseball players appeared before the Commission and requested the free use of the Miami Baseball Stadium on March 3, 4, and 5th, 1972. The City Manager explained that a contractor was presently in the Baseball Stadium and working on the replacement of the slat seats and that the stadium could not presently be used under the terms of the contract with the contractor making these improve- ments. A discussion of possible conflicts with the seasonal opening of the Baltimore Orioles use of the Miami Stadium was discussed and it was decided to refer the request to the City Manager to determine what possible dates this organization could use the stadium. 42. ARBOR DAY - FUNDS FOR THE MIAMI BEAUTIFICATION COMMITTEE Reverend Graham pointed out to the City Commission and the City Manager that Arbor Day was approaching and that the efforts of the Miami Beautification Committee continued to be stymied for lack of funds. The Commission discussed this and expressed the opinion that a limited amount of funds should be allocated to the Committee. 43. YOUTH ADVISORY BOARD - REQUEST FOR FUNDS The following resolution was introduced by Mayor Kennedy who moved its adoption: -29- 1-20-72 RESOLUTION NO. 43183 A RESOLUTION ALLOCATING THE AMOUNT OF FIVE HUNDRED DOLLARS FROM THE CONTINGENT FUND FOR THE PURPOSE OF PROVIDING OPERATING EXPENSES FOR THE YOUTH ADVISORY BOARD FOR THE REMAINDER OF THE CURRENT FISCAL 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. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None Mr. Ken Friedman of the Youth Advisory Board appeared and urged the adoption of the resolution. Prior to the adoption of the resolution, the Mayor surrendered the chair to Vice Mayor Graham and following the adoption of the resolution, he resumed the chair. 44. L.E.A.P PROGRAM TO ASSIST LOCAL EFFORTS TO COMBAT CRIME The following resolution was introduced by Mayor Kennedy who moved its adoption: RESOLUTION NO. 43184 A RESOLUTION CALLING UPON THE CONGRESSIONAL DELEGATION AND THE UNITED STATES SENATORS FROM THE STATE OF FLORIDA TO SEEK AN EXPLANATION AS TO WHY THE CITY OF MIAMI WAS NOT INCLUDED IN THE LIST OF CITIES TO RECEIVE FEDERAL AID UNDER THE L.E.A.A. PROGRAM TO ASSIST LOCAL EFFORTS TO COMBAT CRIME (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Christie, the resolution was passed and adopted by the following vote - AYES: Messrs. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None Prior to the introduction of the resolution, the Mayor surrendered the chair to Vice Mayor Graham and following the adoption of the resolution, the Mayor resumed the chair. 45. ORANGE BOWL CONCESSION - VOTE OF CONFIDENCE TO THE CITY MANAGER The following resolution was introduced by Reverend Graham who moved its adoption: RESOLUTION NO. 43165 A RESOLUTION EXTENDING TO CITY MANAGER M. L. REESE, A VOTE OF CONFIDENCE FROM THE COMMISSION IN THE MATTER OF THE CONCESSION RIGHTS AT THE ORANGE BOWL STADIUM -30- 1-20-72 (Rere 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. Christie, Plummer, Graham, Mrs. Gordon and Mayor Kennedy. NOES: None 46. LETTER FROM EDNA BENSON. CIVIL SERVICE OFFICE Reverend Graham read a letter which was addressed to Mayor David T. Kennedy with copies to each City Commissioner dated October 18, 1971 from Edna Benson, Civil Service Office, which was critical of the actions of the Mayor and the City Commission in the handling of affairs of the Civil Service Executive Secretary, Robert Richmond. After discussion in regard, to the letter, the following resolution was introduced by Reverend Graham, who moved its adoption: RESOLUTION NO. 43186 A RESOLUTION REFEREING TO THE CIVIL SERVICE BOARD A LETTER WRITTEN BY EDNA BENSON WITH 2 E REQUEST THAT APPROPRIATE CONSIDERATION BE GIVEN TO SAID MA'r1'r.R, IT BEING THE OPIN- ION OF THE COMMISSION THAT SAID LETTER EXCEEDED THE BOUNDS OF PROPRIETY (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. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 47. DISSEMINATION OF INFORMATION OF NEWS RELEASES BY THE POLICE DEPARTMENT Mr. Plummer stated he had not received a copy of the last news release issued by the Police Department with an update on Operation Impact with the latest statistics. He expressed the opinion that the Chief of Police should furnished as a matter of courtesy, copies of such releases to the Commission before it is released to the media and requested that a copy of the last release be sent to him. 48. MIAMI MEMORIAL COMMITTEE - APPOINTMENT OF NEW MEMBER The following resolution was introduced by Mayor Kennedy who moved its adoption: RESOLUTION NO. 43187 A RESOLUTION APPOINTING MRS. CAROL W. KENT TO THE MIAMI MEMORIAL COMMITTEE (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. Christie, Graham, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None -31- 1-20-72 Prior to the introduction of the resolution, Mayor Kennedy surrendered the chair to Vice Mayor Graham and following the adoption of the resolution, the Mayor resumed the chair. ADJOURNMENT There being no further business to come before the Commission at this time, on motion duly made and seconded, the meeting was adjourned at 5:35 P.M. ATTEST: H. D. SOUTHERN CITY CLERK DAVID T. KENNEDY MAYOR -32- 1- 20-7 2 CITY OF MfAMI DOCUMENT INDEX MEETING DATE: JANUARY 20, 1972 ITEM NO. DOCUMENT IDENTIFICATION COMMISSION 1 RETRIEVAL ACTION CODE NO. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. COMMISSION AGENDA & CITY CLERK REPORT (16 pgs.) ACCEPT PLAT - PALM BAY CLUB CONFIRMING ORDERING - REID ACRES HIGHWAY IMPRO- VEMENT DEVELOPMENT H-4349 CONDITIONAL USE - LOTS 4, 5, 6 & 7, S. SIDE N.W, 11 ST., WEST OF LE JEUNE RD. VARIANCE - LOT 7 & W 25' LOT 6, BLK. 2, 2353 S. W. 21 TER. VARIANCE - TRACT B, 4819 S.W. 8 ST. FLOOR AREA RATIO BONUSES - LOTS 14 THRU 25, & ALLEYS, 1425 BRICKELL AVE. ACCEPT COMPLEjED WORK - NEW FIRE STATION No. * ACCEPT COVENANT - TEMPORARY SANITARY SEWER FORCE MAIN - ALDO & MARTINIANO RODRIGUEZ ACCEPT COVENANT - TEMPORARY SANITARY SEWER FORCE MAIN - JULIO A. & SYLVIA VIYELLA ACCEPT COVENANT - TEMPORARY SANITARY SEWER FORCE MAIN - YOAN ZAIFER & ORLANDO RODRIGUEZ APPOINT ADDITIONAL MEMBERS - BEAUTIFICATION COMMITTEE TERMINATE AGREEMENT - CONCESSION LUMMUS PARK - DORIS E. McALLISTER CITY FORCES - PERFORM CLEAN-UP WORK - COMMER- ICAL DOCKS - PIERS 1& 2 - SALVAGE & DEMOLITION ADVERTISE FOR BIDS - SALVAGE - COMMERICAL DOCKS - PIERS 1 & 2 - SALVAGE & DEMOLITION ACCEPT PLAT - TEBCO SUB. ACCEPT PLAT - LEDI INDUSTRIAL SUB. ACCEPT PLAT - LANDMAN SUB. ACCEPT BID - FIRE STATION No. 7 - DEMOLITION - 1972 RATIFYING & CONSENTING - IMPROVEMENTS SEAPORT PROPERTIES - PORT OF MIAMI LETTER OF OPINION - POLICE BENEVOLENT ASSOC. R-43151 R-43154 R-43155 R-43156 R-43157 R-43159 R-43160 R-43161 R-43162 R-43163 R-43164 R-43165 R-43166 R-43167 R-43168 R-43169 R-43170 R-43171 R-43172 DISCUSSION 0049 43151 43154 43155 43156 43157 43159 43160 43161 43162 43163 43164 43165 43166 43167 43168 43169 43170 43171 43172 0050 (CON'T NEXT PAGE) isTib ITEM NO. 22. 23. 24. 25. 26. 27. 28. 29. CUMENTINDEY CONTINUED COMMISSION 1 RETRIEVAL DOCUMENT IDENTIFICATION ACTION__ __CODE NO. __ .STATE LEGISLATIVE LIAISON REPRESENTATIVE - TERM 1972 - WILTON R. MILLER REPEALING Rs. No. 42370 & 43113 - JOSEPH ROBBIE & South Florida Sports Corp PUBLIC BIDDING - ORANGE BOWL STADIUM CONCESSION ADOPTING RECOMMENDATIONS - ORANGE BOWL IMPROVE- MENT PROGRAM Intent of transfer - Regional Parks - Metropoli- tan Dade County SPECIAL ASSESSMENT - LE JEUNE GARDENS HIGHWAY IMPROVEMENT H-4353 ACCEPT BID - UNIFORM CLOTHING FEDERAL AID - COMBAT CRIME - L.E.A.A. PROGRAM R-43173 R-43175 R-43176 R-43177 R-43178 R-43179 R-43180 R-43184 43173 43175 43176 43177 43178 43179 43180 43184