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HomeMy WebLinkAboutCC 1972-05-19 MinutesI R f Y OF MIAMI OMMISSION MINUTES OF MEETING HELD ON MAY 19, 1972 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL INDEX TO MINUTES OF THE REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA May 19,1972 1. WAIVING OF THE READING OF THE MINUTES: 2. INTERAMA DISCUSSION -CITY OF MIAMI'S VENDOR LIEN: 3. ORANGE BOWL RATES: 4. SOLID WASTE MANAGEMENT STUDY: 72-171 72-172 5. OFF-STREET PARKING REGULATIONS -LANDSCAPING: (1st reading) 6. CONDITIONAL USE - DRIVE IN TELLERS, LOTS 6 THRU 10, NELSON VILLA AMD-LOTS 23 THRU 27 BISCAYNE PARK AMD: 72-173 7. VARIANCE - PUMP HOUSE AND WADING POOL -LOT 42 SILVER BLUFF 1ST AMD: 72-174 8. VARIANCE -CONSTRUCTION OF DUPLEX -LOT 9 ALTA VISTA CORR.: 72-175 9. ENCLOSURE OF EXISTING CARPORT -LOT 3, BLK 4, DURHAM TERRACE: 72-176 INADVERTENTLY NOT ASSIGNED SUBJECT 72-177 10. CHANGE ZONING CLASSIFICATION -LOTS 3 & 4, BLK 2, EASTMORELAND: (1st reading) ORDINANCE & RESOLUTION NOS. 72-169 72-170 11. CHANGE ZONING CLASSIFICATION -LOT 5, BLK 3, OSCEOLA PARK: (1st reading) 12. ZONED STREET WIDTH -SUBSTITUTING NEW SUB SECION:(1st reading) 13. PRIVATE CLUBS AS A CONDITIONAL USE-AMD 6871;(lst reading) 14. PERMITTED AND CONDITIONAL USE OF OFF-STREET PARKING: (1st reading) 15. CLOSING OF ALLEY - NW 21 ST & N.W. 17 AVENUE BLULWORTH SUB: 72-178 16. ENCLOSURE OF EXISTING CARPORT - LOT 15, BLOCK 6, EL DORADO HEIGHTS: 72-179 17. OFF-STREET PARKING, CONDITIONAL USE ACCESS UNDER CERTAIN CIRCUMATANCES: 72-180 18. VARIANCE -ADDITION TO STRUCTURE, LOTS 23 THRU 27, BLOCK 41, NEW BISCAYNE AMD: 72-181 19. PUBLIC HEARING -EXCISE TAX ON FUEL OILS- 2nd READING: 20. HENDERSON PARK DISCUSSION: 21. REQUEST FOR FUNDS FOR WOMEN IN DISTRESS: 22. SENIOR CENTERS OF DADE COUNTY INC. APPEAL FUNDS: 23. TRAFFIC HAZARDS TO BUS OPERATIONS IN CITY OF 24. DRAINAGE PROBLEM ON S. DIXIE HIGHWAY: 25, ADMINISTRATION PLANS FOR UPCOMING NATIONAL CONVENTIONS: 1 72-182 72-103 72-184 MIAMI:72-185 72-186 72-187 35. 36. 37. 38. 39. 40. 41. 42. 43 • 44. 45. ORDXNANCE & RESOLUTION._ NO$ c 26. COOPERATION BETWEEN MUNICIPALITIES DURING NATIONAL CONVENTIONS: 72-188 27. STUDY OF POSSIBLE CREATION OF ZONING APPEALS BOARD AND PLANNING REVIEW BOARD: 72-189 28, LEAGUE CUBANA DE JOSE MARTI: 29. GIRON MONUMENT - EXPENSE OF LIGHTED TORCH: 72-190 30. CHANGE ZONING CLASSIFICATIONS -AREA N. CITY LIMITS WEST BY 57TH AVE. S. BY N.W. 5 STREET, EAST BY N.W. 47 AVENUE: (let reading) 31. EXTENSION OF PERMIT -SUNLIGHT BEAUTY SCHOOL: 32. AMENDED ELECTIONS SECTION 15-18 OF THE CODE: 33. CLAIM SETTLEMENT-HARTFORD HOUSE-SITCH REALTY: 34. PARKS FOR PEOPLE -RECOGNITION OF GREATER MIAMI JAYCEES: ORANGE BOWL CONCESSION -REPORT BY CITY ATTORNEY: CLAIM SETTLEMENT - CARLOS GUITERREZ: CLAIM SETTLEMENT-WILLIAMS H. PULLINS, JR.: CLAIM SETTLEMENT-FRANCES FANDREY: CLAIM SETTLEMENT-J. ARONSON: CLAIM SETTLEMENT-ELEANOR AND JOHN CHEEK: CLAIM SETTLEMENT-RICHARD D. LEE: CLAIM SETTLEMENT - SAMUEL HABER: CLAIM SETTLEMENP - CHARLIE POLLARD: CLAIM SETTLEMENT-GOLDI E P HAYES : BAYFRONT PARK AUDITORIUM -FREE USE BY DEPT. OF TRANSPORTATION: 46. FREE USE OF BAYFRONT PARK AUDITORIUM -BOOKER T. WASHINGTON COMMUNITY SCHOOL: 47. NOTICE OF PUBLIC HEARING -SEWER SYSTEM BUDGET: 48. LIGHTING OF PARKING LOTS -DESIGN STANDARDS - CODE AMD: (let 49. REBCO SANITARY SEWER MODIFICATIONS-ACPTO COMPLETED WORK: 50. MODEL CITIES BEAUTIFICATION-ACPTG. COMPLETED WORK: 51. LIBERTY SANITARY SEWER IMPROVEMENT SR-5262- APPLICATION FOR FEDERAL GRANT: 52 SPECIAL ASSESSMENTS FOR GROVE SANITARY SEWER IMPROVEMENT DISTRICT: 53• REPLACEMENT OF ENGINES & TRANSMISSIONS-AMERICAN LA FRANCE: 54. 23 STREET SIDEWALK PROJECT 4341-E - AUTHORIZE PURCHASE ORDER: 55. COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE: 2 72-191 8058 72-192 72-193 72-194 72-195 72-196 72-197 72-198 72-199 72-200 72-201 72-202 72-203 72-204 reading) 72-205 72-206 72-207 72-208 72-209 72-210 72-211 72-212 ORDINANCE & RESOLUTION NOS. 56. BID ACCEPTANCE - EQUIPMENT POR POLICE ROBBERY DETAIL: 72-213 57. 58. 59. 60. 61. BID AWARD - RIVERSIDE SANITARY SEXIER MODIPICATIONS:72-214 BID AWARD - CRYSTAL STORM SEWER PROJ-1972: BID AWARD- MIAMARINA IMPROVEMENTS-1972: BID AWARD -ORANGE BOWL PUBLIC ADDRESS SYSTEM-' 72: BID AWARD - TRENCHING MACHINE-H.F. MASON EQUIP- MENT CORP.: 62 BID AWARD- MOORE PARK SHELTERS-WAYNE BLACICWELL AND CO., INC: 63 BID AWARD-MANOR-MOORE PARK TENNIS COURT RENOV- ATION -C.A. DAVIS, INC. 64. FEDERAL GRANT APPLICATION-DEPT. OF JUSTICE FOR "ORGANIZED CRIME FIGHTING TEAM PROJECT: 65. PUBLIC HEARING - PRELIMINARY BUDGET-DEPT OF WATER AND SEWERS: 66. EXECUTE QUIT CLAIM DEED -DELIVER TO HOLY CROSS EPISCOPAL CHURCH: 67. PURCHASE OF PARCEL 88 N-7088.21 CITY OF MIAMI DOWNTOWN GOVT CENTER: 68. PURCHASE OF PARCEL 88 N-7088.10- CITY OF MIAMI DOWNTOWN GOVT CENTER: 69. RESTRICTIVE COVENANT -PLAZA VENETIA: 70. FEDERAL GRANT APPLICATION-DEPT OF JUSTICE FOR CITY OF MIAMI POLICE SURVEILLANCE OPERATIONS: 71 LANDSCAPE MAINTENANCE-79TH ST. CAUSEWAY: 72. EXTEND LEASE AGREEMENT-BALTIMORE BASEBALL CLUB 73. CLAIM SETTLEMENT - HERBERT-T. HANKS: 72-215 72-216 72-217 72-218 72-219 72-220 72-221 72-222 72-223 72-224 72-225 72-226 72-227 72-228 : 72-229 72-230 74. CITY OF MIAMI RETIREMENT SYSTEM-APPTG. J.L. PLUMMER: 75. HIRING OF LAW FIRM FOR CONDEMNATION PROCEEDINGS: 76. CONDEMNATION PROCEEDINGS -INCURRING NECESSARY MM US: 77. INSTITUTION OF CONDEMNATION PROCEEDINGS FOR PUBLIC PARKS: 78. AMENDMENT TO RETIREMENT ORDINANCE: 72-231 72-232 72-233 72-234 8059 3 MINUTES OF THE REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA ON THE 19TH DAY OF MAY, 1972, THE CITY COMMISSION OF MIAMI, FLORIDA, MET AT ITS REGULAJMEETING PLACE AT CITY HALL IN SAID I IN REGULAR SESSION. H MEETING WAS CALLED TO ORDER AT IN. 9:� A.. BY MAYOR UAVID T. KENNEDY ANj� THE FOLLOWING M MBER OF THE OMMISSION WERE Sg T: PIES RS, MUMMER, UIBSON, MRS, UORDON AND MPAYOR KENNEDY. AMLN : MR. LHRISTIE AN INVOCATION WAS DELIVERED BY REVEREND GIBSON, WHO THEN LED THOSE PRESENT IN A PLEDGE OF ALLEGIANCE TO THE rLAG. 1, WAIVING OF THE READIftG OF THE MINUTES THE FOLLOWING MOTION WAS MADE BY MR. PLUMMER WHO MOVED ITS ADOPTION: RESOLUTION NO 72-169 AMTP0PAIIRNiofildAsHANIREWNI" UPON BEING SECONDED BY REVERENDAz SON, THE MOTION WAS PASSED AND ADOPTED BY THE FOLLOWING VOT�j - AYES: MESSRS. GIBSON, PLUMMER, MRS, GORDON AND MAYOR KENNEDY. NOES: NONE 2, INTERAMA DISCUSSION - CIIY OF MIAMI'S VENDOR LIEN MR, GISSENDANNER: MR. MAYOR AND MEMBERS OF THE COMMISSION, THIS MORNING PROBABLY INTERAMAMUSTCROSS RIN OREERFTOHPROCEED. IHE ALITY HOFSMIAMI S ASAHEARD MANY PRESENTATIONS ABOUT INTERAMA IN THE PAST AND SINCE THE LITY OF MIAMI IS SUCH AN IMPORTANT PART OF THIS PROJECT AND SINCE YOU ORIG- INALLY ANDALWAYYS INVOLVED SINRRED THE PROGRESSIT TOEOFTATE INTERAMA.WITHA 1 KNOWOEN,THE IT GOES BACKCITY HASBF11UN OR 1L YEARS, THE INTERAMA AUTHORITY HAS BEEN BEFORE YOU MANY TIMES FOR CONSIDERATION AND INDEED THE NEW AUTHORITY THAT HAS BEEN IN EXISTENCE FOR L YEARS HAS BEEN BEFORE YOU MANY TIMES AND YOU HAVE COOPERATED WITH US AND PROVIDED DADE COUNTY WITH A SEWAGE TREATMENT FACILITY OR AT LEAST MADE THE LAND AVAILABLE FOR THAT AND WE APPRECIATE THE COOPERATION BECAUSE WITHOUT IT WE COULD NOT 4AVE PAID OFF THE GOODBODY LOAN AND BOND DEBT THAT WAS IN DEFAULT. IHIS MORNING WE ARE HERE TO ASK YOU TO PASS A DRAFT RESOLUTION WHICH HAS BEEN PRESENTED TO YOU BY THE AUTHORITY AS THE LAST ENTITY THAT IS NECESSARY FOR APPROVAL BEFORE WE CAN GO TO OUR BAND VALIDATION AND BEFORE WE CAN SHOW THE FEDERAL GOIN MIAMI, 1 USETHAT WE THERE WORDVALVED IN MIAMI BECAUSEEDING THE rRESIDENTINIXONEINIAL HISCATION DESIG- NATION, BEING ONE OF THE FOUR NATIONAL SATES FOF; IMPETUS IN OUR I -CENTENNIAL, HE USED THE WORD MIAMI HE DIDN T USE THE WARD DADE LOUNTY, HE DIDN T USE THE WORD MIAMI I3ACH, NORTH MIAMI OR i'LORIDA, HE USED THE WORD MIAMI. HE SAID MIAMI S PART OF THE CELEBRATION IN THE BI-CENTENNIAL WOULD BE THE BUILDING, OPENING AND RUNNING OF A INT RNATIONAL CULTURAL TRADE CENTER, 1 THINK THE SPOTLIGHT TODAY IS ON MIAMI, AND RIGHTLY SO. IHE QUESTION HAS BEEN RAISED AS TO WHY DID WE GO TO ALL THIS WORK, GO TO THE LEGISLATURE AND MANY OTHER GROUPS TO GET THEIR APPROVAL BEFORE COMING TO MIAMI, WHY DIDN'T YOU COME TO MIAMI FIRST BECAUSE YOU ALL KNEW MIAMI HAD TO AGREE TO THIS AND THE ANSWER IS VERY SIMPLE AND CLEAR. WE DID NOT WANT TO COME TO MIAMI UNTIL WE KNEW WE HAD A VIABLE PROJECT. WE DID NOT WANT TO COME TO MIAMI UNTIL WE HAD A LAW THAT PERMITTED US TO DO THE THINGS THAT WE WANTED TO DO, WE DID NOT WANT TO COME TO MIAMI UNTIL WE HAD THE APPROVAL OF THE FLORIDA INTERNATIONAL UNIVERSITY WHO IS GOING TO HAVE A CAMPUS UP THERE. WE DID NOT WANT TO COME TO MIAMI UNTIL WE HAD APPROVAL FROM THE THIRD CENTURY CORPORATION WHICH IS RESP9NSIBLE FOR BRINGING THE BICENTENNIAL CELEBRATION TO MIAMI. WE DIDN T WANT TO COME UNTIL WE HAD NORTH MIAMI AGREE TO THE PROVISIONS OF THE LAW AND WHAT WE WERE TRYING TO DO TO PROTECT THEIR INTERESTS. THEY HAVE OVER 1 MILLION DOLLARS INVESTED THERE. WE DIDN T WANT TO COME TO MIAMI UNTIL WE HAD DADE COUNTY AGREEMENT TO BACK UP OUR FUNDING SO THAT PRIVATE PR)I'LE IN THE BUSINESS COUNTY WHO BUY THE BONDS WOULD HAVE REASON TO 'BELIEVE THAT THEIR INVESTMENT WOULD BE SOUND. 4 MAY 19, 1972 • WE HAD TO DO ALL OF THESE THINGS AND WE PROBABLY COULD HAVE GONE TO THE LEGISLATURE LAST BUT THE LEGISLATURE WAS IN SESSION AND WE HAD TO TAKE THEM WHILE THEY WERE THERE. WE WILL HAVE A REPRESENTATION THIS MORNING FROM THESE GROUPS OF PEOPLE WHO HAVE BEEN INVOLVED TO SHOW YOU AND TO HELP SUPPORT YOU IN THE ACTION THAT WE HOPE YOU WILL TAKE. WE HOPE YOU WILL PUT INTO YOUR PUBLIC RECORDS THIS MORNING, A FOUN- DATION THAT INTERAMA HAS NEVER REALLY ENJOYED BEFORE AND THAT IS A WIDE BASE OF PUBLIC SUPPORT SO THAT YOU, THE COMMISSION AND THE ADMINISTRATION OF MIAMI AND THE CITIZENS OF MIAMI CAN LOOK BACK ON THIS PUBLIC RECORD TODAY AND ANYONE WHO MIGHT QUESTION IN THE FUTURE WILL KNOW THAT WHRN YOU TOOK YOUR ACTION TODAY THAT THERE WAS WIDE PUBLIC SUPPORT. 0 BASICALLY MR, MAYOR, WE ARE HERE TO PUT ON A PROGRAM OF PUBLIC RECORD AND SUPPORT FOR THIS PROJECT AND HOPING IT WILL ASSIST YOU IN MAKIgG UP YOUR MINDS IN YOUR DECISION ON THIS VERY IMPORTANT RESOLUTION. ITS NOT A DOG AND PONY SHOW, ITS REALLY A HOPED THAT YOU WILL BE ABLE TO PROVIDE US WITH VERBATIM COPIES SO THAT WHEN WE GO TO THE FEDERAL GOVERNMENT WE WILL HAVE THE MINUTES OF A MEETING THAT SHOW BROAD COMMUNITY SUPPORT. IT WAS NOT WITH ANY IDEA OF TRYING TO ENTRAP THE CITY OF MIAMI THAT WE WENT TO EVERYONE ELSE FIRST. WE WENT TO EVERYONE ELSE FIRST TO ASSIST THE CITY OF MIAMI. THIS MORNINGNF1 AM GOING TO INTROD(UCEjj,,,,JUST BRIEF PRESENTATIONS ANRNDTHIS, FIROTRIPWOUEDTTHE LIKE TOFFERENT CALL ONEURITI.HARLESES TPERRY WHOBEEN ISWORKING PRESIDENT OF FLORIDA INTERNATIONAL UNIVERSITY WHO HAS AGREED TO SIGN A COMPACT WHICH ENIORSES THIS PROGRAM AND HAS BEEN WORKING VERY CAREFULLY WITH THE HIRD CENTURY AND WITH INTERAMA AND THE LEGISLATURE IN GETTING IT DONE - UR, ERRY. DR. PERRY: MRH. MAYOR AND MEMBERS OF THE COMMISSION.TOxx AM VRRY LEASED TO BEII ABOUT NTERNATIONAL UNIVERSITY'SE THISRNING INTE ESTSINAzTHEE1NTERIMALIROJECT ANDRTOA TELL YOU THAT IN B HALF OF THE INTEREST BOARD OF REGENTS, THE CHANCELLOR AND MY STAFF THAT WE INTEND TO DEVELOP IN PNCERT WITH THE TOTAL INTERAMA PROJECT, ONE OF THE MOST EXCITING STATE UNIVERSITY CAMPUSES EVER BUILT IN THIS NATION. THE INTERAMA SITE OFFERS MANY OPPORTUNITIES FOR US IN THE DEVELOPMENT OF THAT CAMPUS THAT OTHER SITES IN THIS STATE AND THROUGHOUT THE COUNTRY DO NOT PROVIDE FOR PUBLIC INSTITUTIONS. IT WILL BUILT NOT AS A CAMPUS THAT S SET APART FROM THE OTHER ACTIVITIES PLANNED TO GO ON AT THAT SITE BUT WILL BE BUILT TO COORDINATE AND TO BE AN INTEGRAL PART OF THOSE ACTIVITIES. THE INTERNATIONAL THRUST OF THE UNIVERSITY IN CONCERT WITH THE INTERNATIONAL CONFERENCE CENTER AND OTHER ACTIVITIES THERE WILL ENABLE THE UNIVERSITY TO USE ITS INTELLECTUAL AND SERVICE RESOURCES TO DEVELOP MEANINGFUL INTERNATIONAL CONFERENCES FOR THIS ENTIRE AREA, AS YOU KNOW MR. MAYOR AND MEMBERS OF THE COMMISSION, MIAMI IS IN FACT, BECOMING ONE OF THE INTERNATIONAL CENTERS IN THE WORLD. IN ADDITION TO THE FACT THAT THE UNIVERSITY CAMPUS WILL PLAY AN INTEGRAL ROLE IN COORDINATING WITH OTHER ACTIVITIES ON THE CAMPUS THINK YOU ARE VERY MUCH AWARE THAT THE FIRST CAMPUS AT FLORIDA INTERNATIONAL UNIVERSITY WOULD HAVE BEEN BUILT ON THE INTERAMA SITE IF THE PROJECT WOULD HAVE BEEN GO, TWO AND A HALF YEARS AGO. HE POPULATION CENTER OF MIAMI, GREATER MIAMI I CLOSER TO THE INTERAMA SITE THAN IT,IS TO THE .IAMIAMI SITE. FOR THOSE OF YOU WHO HAVE BEEN OUT ON THE TAMIAMI CAMPUS RECENTLY WILL NOTE THAT WE HAVE TWO WIL OPEN IN THE FALL FOR MOREMAJOR THAN DUUULSTUDENTS.ITIES MATS D5 TIMES X AND ETHELNUMBER OF STUDENTS FOR THE OPENING OF ANY COLLEGE OR UNIVERSITY IN THIS COUNTRY, 1 SUBMIT TO YOU THAT THE NUMBER WOULD HAVE BEEN DOUBLED IF WE HAD OPENED AT INTERAMA. SO IN TERMS OF SERVING THE CITIZENS OF GREATER MIAMI, THE INTERAMA CAMPUS OFFERS A BETTER LOCATION AS FAR AS THE GR GEOAPHIr CENTER FOR NUMBER. 0 IN SUMMARY, LET ME AS$URE YOU MR. MAYOR, AND MEMBERS OF THE COMMISSION, THAT LORIDA NTERNATIONAL UNIVERSITY LOOKS FORWARD TO PARTICIPATING IN THIS PROJECT AND TO SERVING THE PUBLICS HIGHER EDUCATION NEEDS AT THIS REGION, PARTICULARLY THOSE YOUNG MEN AND WOMEN, OLD MEN AND WOMEN, BLACKS AND WHITES, RICH AND POOR WHO LIVE NOT ONLY IN THIS COUNTY, BUT IN THE CITY OF MIAMI. HANK YOU VERY MUCH, MAYOR KENNEDY; THANK YOU DR. PERRY, IJUST WOULD LIKE TO SAY FOR RESIDENT OFDON ATSTATEIUNIVERSITY INMR. THERUNITEDRY IS TSTATESHE NANDTHENWASRSITY RECENTLY HONORED AS ONE OF THE TEN OUTSTANDING YOUNG MEN OF AMERICA AND WE ARE MAST PROUD OF HIM AND THE EFFORTS HE IS DOING AT FLORIDA INTERNATIONP, UNIVERSITY. 5 MAY 19, 1972 • z MR. GISSENDANNER: MR MAYO , WE HAVE WITt US THIS MORNING, TH MAV R OF THE CITY OF (NORTH MIAMI ND THE CITY ATTORNEY OF T E CITY QF NORTH MIMI BUT AT THIS. TIME, I WOULD LIKE TO INTRODUCE MR. KOBERT MUFF OF THE CITY OF NORTH MIAMI. MAYOR H FF: MAYOR KENNEDY AND COMMISSIONERS, I FEEL LIKE I AM PART OF THE CITY OF MIAMI THIS MORNING ALSO, HAVING BEN BORN..AND RAISED UERE AND SPENT THE FIRST 27 YEARS OF MY LIFE IN MIAMI IHE COMPANY THAT 1 MANAGE HAS SEVERAL MILhION DOLL RS INVESTED IN THE MIAMI,. OF MIAMI AND 1 ALSO SPEAK AS THE MAYOR OF NORTH MIAMI AND THE RESIDENTS THERE THAT MY HEART IS REALLY TO ENCOURAGE YOU FOLKS IN A JOINT VENTURE TO HELP THIS GO, NOT ONLY FOR NORTH MIAMI li.UT SOUTH FLORIDA IN GENERAL AND 1 DON'T KNOW OF ANYTHING ELSE 1 CAN SAY EXCEPT THAT I TINCERELY HOPE YOU FOLKS WILL BE WITH US TO HELP US WORK THIS OUT, HANK YOU VERY MUCH, MAYOR KENNEDY: BOB, I CAN SAY THIS, THERE PROBABLY WOULDN;T BE AN INTERAMA IF THE CITY OF NORTH MIAMI HAD NOT COME IN AND SAVED THE PROJECT AND YOU ALL SHOULD BE COMMENDED FOR THE GREAT WORK THAT YOU HAVE DONE TO SAVE THE INTERAMA PROJECT. MAYOR HUFF: THANK YOU VERY MUCH MAYOR. MR. GISSENDANNER: THAT WAS A SHORT TA K ABOUT 15 MILLION AT THIS TIME, 1 AM GOING TO INTRODUCE TH CHAIRMAN OF THE BOARD OF THIRD CENTURY U.S.A. CORPORATION, MR. WILLIAM DRADY, MR. BRADY: MR, MAYOR AND HONORABLE COMMISSIONpS.. I AM SURE YOU ALL KNOW WHAT THIRD CENTURY IS AND IN CASE YOU DON T, IT IS THE CITIZENS IS, OF THIS TOTAL COMMUNITY, SPEAK OF MIAMI, MIAMI TO ME IS FROM THE COUNTY LINE RIGHT ON DOWN TO THE SOUTHERN COUNTY LINE, WE ARE HERE TO TELL YOU THAT THE CITIZENS OF THIS COMMUNITY, REPRESENTED BY THIRD CENTURY IS A CROSS SECTION OF PEOPLE WHO ARE ENTHUSIASTIC ABOUT THIS CONCEPT THAT IS BEING PRESENTED TODAY IN THE TOTAL PROGRAM IS OVERWHELMINGLY IN BACK OF THIS PROJECT. IT IS AN ECONOMICALLY FEASIBLE PROJECT. ITS NOT ONLY THE ON -SIGHT THING THAT WE ARE INTERESTED IN, BUT THE TOTAL DEVELOPMENT OF THIS COMMUNITY, WE THINK REALISTICALLY THAT FINDS WILL BE AVAILABLE TO DEVELOP AND MAKE THIS A GREATER COMMUNITY THAN IT IS NOW. WE URGE YOU AS THE CITIZENS OF THIS COMMUNITY TO SUPPORT THIS PROPOSITION BEING PRESENTED TO YOU TODAY, THANK YOU VERY MUCH. MR. GISSENpANNER: MR, MAYOR, WE ARE WAITING FOR MR. DENNIS CARTER FROM DADE COUNTY WHO IS GOING TO COME TO REPRESENT THE COUNTY AND REPRESENTATIVE MURRAY DUBBIN WHO HAD A COURT APPEARANCE AND WE MOPED HE WOULD BE HERE BY NOW. EFORE WE INTRO^'!CE THE NEXT PEOPLE, 11 WOULD LIKE TO SAY THAT WE DIDN'T INVITE ANYBODY FROM THE GOVERNORS OFFICE HERE ALTHOUGH.THE GOVERNOR HAS ENDORSED THIS PROJECT COMPLETELY AND IS REPRESENTED BY THE FACT THAT WE HAD OUR LEGISLATION PASSED THAT HE SIGNED THE BILL EARLY SO THAT Ij COULD BECOME EFFECTIVE EARLY AND WE COULD BE IN BUSINESS, HE GOVERNOR HAS HAD A REPRESENTATIVE, R. DERNARD PARRISH ASSI NED 19 THIS PROJECT ALL ALONG AND HE HAS BEEN VERY COOPERATIVE. MRS. KANGE ISN T HERE TODAY AND SHE SITS ON THE AUTHORITY AND HAS HELPED US DOWN TO THIS POINT AND WE THE AUTHORITY HAVE TO ANSW R TO HER DEPARTMENT FOR APPROPRIATIONS AND COORDINATI9N AND MRS. KANGE HAS INDICATED,HER S PPORT FOR THIS BUT SHE COULDN T BE HERE THIS MORNING, 1 DONT IF I HAVE ANY OTHER MEMBERS OF THE AUTH RITY, THEY (ERE ALL INVITED XCEPT Y U MR. MAYOR I DON'T SEE THEO. M . WILLIAM VALENTINE OF THE LITY OFNORTH MIAMI fiiND COUNCILMAN IONY UE LUC A, CITY OF NORTH MIAMI, MRS. NGE AND R. MAURICE I'ERRE AND GUI (OEVART BOTH OF WHO ARE OUT OF TOWN TODAY. HIS IS SUCH A BID PROJECT AND REQUIRE$ THE TOTAL AND COMPLETE COMMITMENT OF ALL THE COMMUNITY, THAT THINK THAT 1 SHOULD REMARK THAT ABOUT TWO TO THREE YEARS AGO WHEN INTERAMA PROJECT WAS IN DEEP LITIGATION, IN FACT IN DEFAULT AND WHEN THE STATE HAD GIVEN UP ON IT AND TRANSFERRED IT TO DADE COUNTY, AND DADE COUNTY, PROBABLY IN IN A FIT OF FRUSTRATION, DECIDED THAT THE ONLY TO SOLVE THE PROBLEM WAS TO SEW. ENOUGH LAND OFF TO PAY OFF THE DEBT, A GROUP CAME FORWARD FROM THE CHAMBER OF COMMERC& THEY HAD AN INTERAMA COMMITTEE AND THIS GROUP WORKED VERY DILLEGENTLY WITH ALL OF US TO TRY TO ARRIVE AT A SOLUTION TO THE PROBLEM. 6 MAY 19, 1972 s AND SAVING THE LAND. THE CHAMBER I MENTIONED, CAN TAKE CREDIT FOR THE FACT HAT THE LAND IS PRESERVED TODAY AND IS IN THE PUBLIC DOMAIN. HE RES DENT QQF THE CHAMBER AT THAT TIME WAS A GENTLEMAN WE ALL KNOW, R. ALVAH LHAPMAN AND HE HAD A VERY ABLE AO�DIED ASSISTANT AND NE OF HE MOST ABLE BODIED ASSISTANTS HE HAD WAS MARION SIBLEY AND MARION SIBLEY HAD AGREED TO REPRESENT DADE COUNTY IN THE LITIGATION WITHOUT COMPENSATION AND WE HAVE PLENTY OF ATTORNEYS THAT HAVE BEEN INVOLVED IN THESE MATTERS, THE AUTHORITY HAS HMR AD . ARONOVITZ IH OUSE OM ANY HAS THEIR ATTORNEY, MR, MARK BISHOP, IS HERE, DILLFRATES LAW rIRM AND HE HIMSELF HAS HELPED 4ND WORKED WITHOUI COMPENSATION FOR THIRD CENTURY AND HE IS HERE, 1 DON T RINK UR. F RF:Y BROUGHT HIS ATTORNEY, 1 AM SURE HE HAS ONE SOMEWHERE, MR. STUART JIMON HAS BEEN V RY HELPFUL IN THE COUNTY ATTORNEYS OFFICE AND OF COURSE YOUR OWN MR, ALAN ROTHSTEIN) BUT A GROUP SUCH AS US, WHEN WE LOOK AROUND FOR SOMEBODY TO TALK FOR ALL OF US IN LEGAL TERMS AND WE LOOK FOR SOMEONE WHO IS WILLING TO WORK FOR NOTHING AND ONE WHO IS RECOGNIZED AS BEING THE TOPS IN HIS PROFESSION, AND ONE WHO IS WILLING TO GIVE OF HIS TIME AND WHO HAS THE TALENT AND THE KNOWLEDGE, WHY WE NATURALLY SETTLE ON MARION SIBLEY. SO AT THIS POINT IN THE PROGRAM B CAUSE THE DADE DELEGATION, REPRESENTATIVE DUBBIN IS NOT HERE AND 1 MIGHT SAY THAT WITHOUT THE DADE DELEGATION, WE COULD NOT HAVE ACCOMPLISHED THE THINGS WE HAVE AND THEY PUT ASIDE MANY OTHER IMPORTANTBUSINESS AT THE TIME TO HELP US WITH INTERAMA PROJECT. MURRAY UUBBINS OFFICE AND HE WAS TO HERE HANDLED IT AND THE DADE DELEGATION HAS BEEN INVOLVED IN ALL OF OUR DELIBERATIONS WITH THE ROUSE COMPANY AND WE KNOW THEY WILL BE INVOLVED AGAIN WHEN WE SIGN A MANAGEMENT CONTRACT. IF HE ARRIVES LATER, WE WILL INTRODUCE HIM BUT AT THIS TIME FOR THE PURPOSES OF REPRESENTATION OF THE BUSINESS COMMUNITY THAT HAS NOT ALREADY BEEN REPRESENTED BY PREVIOUS PRESENTATIONS AND THE TWO PEOPLE WHO ARE GOING TO, IF THERE IS ANY NEGOTIATING TO BE DONE HERE THIS MORNING, WE WILL LET THEM NEGOTIATE ALL WITH THE UPEOPLEOHULD EBROUGHTLIKE , jALVAHTIME LHAPMANIANDOWUCE MARIONNSIBLEY. HE INTRODUCE MR. CHAPMAN: THANK YOU MR. GISSENDANNER, AS HE SAID, IT WAS MY PRIVELEGE TO BE PRESIDENT OF THE CHAMBER OF COMMERCE THREE YEARS AGO WHEN THE CHAMBER RECENTLY REASSERTER ITS INTEREST IN THE INTERAMA PROJECT AND JOINED FORCES WITH DRA UISSENDANNER AND THE CITY OF NORTH MIAMI, DADE COUNTY AND THE DADE DELEGATION AND''MANY OTHER GROUPS TO TRY TO MOVE THIS PROJECT ALONG. WE HAVE BEEN PLEASED WITH THE ALLIES THAT WE HAVE HAD. WE HAVE BEEN PLEASED WITH THE PROGRESS ITS MADE. 1 STAND 4EFORE YOU AS A REPRESENTATIVE OF THE CHAMBER THREE YEARS AGO AND 1 HAVE BEEN ASKED TO SPEAK FOR THE BUSINESS COMMUNITY BUT 1 CAN SAY THAT THE PRESENT CHAMBER REPRESENTED BY DAVID BLUMBERG, THE PRESIDENT AND MR. FREEMAN THE EXECUTIVE DIRECTOR ARE IN THE AUDIENCE TODAY AND JUST THIS WEEK, THE EXECUTIVE COMMITTEE OF THE PRESENT CHAMBER HAD REVIEWED THE PROPOSED RESOLUTION THAT IS BEFORE YOU THIS MORNING AND IN LETTER THAT HAS BEEN WRITTEN URGED THAT THIS RESOLUTION IN THE FORM IN WHICH IT IS PRESENTED, BE ASSED BY THIS COMMISSION AS A MEANS OF MOVING THIS PROJECT FORWARD. 1 ALSO STAND BEFORE YOU AS A REPRESENTATIVE OF A GROUP OF INTERESTED CITIZENS THAT HAVE STUDIED THIS PROPOSAL AND ITS BEEN OVER THE ROUSE PLAN FOR THE DEVELOPMENT OF INTERAMA AND WE BELIEVE IN IT AND WE IRINK IT WILL WORK AND WE THINK IT MAKES SENSE. WHAT THE CITY OF MIAMI IS BEING ASKED TO DO IN REALITY IS TO GIVE UP NOTHING. ITS YSING ASKED TO CHANGE THE FORM OF ITS LIEN TO TAKE AMPLE SECURITY, OU ARE BEING ASKED TO TAKE AT LEAST ONE AND A HALF THE TIMES THE VALUE OF YOUR LAND IN THE FORM OF AN OBLIGATION ON A SPECIFIC PIECE OF LAND AND TO PVT THAT ASIDE AND WHICH IS NO WAY WOULD ENDANGER THE LIEN OF THE LITY OF MIAMI AND ALLOW THIS PROJECT TO GO FORWARD. WHAT YOU ARE BEING ASKED TO DO I§ A PART OF AN ACTION COMPACT, AN ACTION COMPACT THAT INVOLVES DADE COUNTY AND TY HAVE GONE ALONG WIT WHAT THEY HAVE BEEN ASKED TO DO, INVOLVES F(�E.1.U, AND THE STATE QF tLORIDA, AND THEY HAVE GONE ALONG AND IT INVOLVES THE INTERAMA AUTHORITY, THE CITY OF NORTH MIAMI, ALL THESE PEOPLE HAVE ONE ALONG = IT WILL ULTIMATELY INVOLVE THE FEDERAL GOVERNMENT. GONE WE CAN GO TO THE FEDERAL GOVERNMENT AND DO THE ULTIMATE BOND FIN,ACING WE MUST HAVE ALL OF OUR SUPPORT FROM ALL OF THE LOCAL ORGANIZATIONS AND THAT IS WHY WE ARE HERE TODAY. AS A GROUP OF BUSINESSMEN SAT AROUND THE TABLE IN THE LAST COUPLE OF WEEKS AND DISCUSSED THIS, WE FELT THAT THIS WAS THE ONLY WAY THAT THE ITY QF MIAMI COULD EVER GET ANY REAL CASH OUT OF THIS INTERAMA LIEN, HE CITY OF MIAMI IS NEVER GOING TO SELL THAT LAND TO REALIZE CASH. 7 MAY 19, 1972 • THE ONLY WAY THAT THg CITY OF MIAMI CAN EVER GET CASH WHICH I DO IBELIEVE THE CITY OF MIAMI NEEDS IS FOR SOMETHING TO HAPPEN AT THE NT-RAMA SITE. SOMETHING THAT WOULD GENERATE REVENUS FOR THE CITY OF MIAMI TO SHARE IN. AND FROM THOSE REVENUES, THE LITY OF MIAMI CAN ULTIMATELY GET ITS S AND ONE HALF MILLION DQLLARS BACK FOR THE BENEFIT OF THE CITIZENS OF THE CITY OF MIAMI. BUT MORE IMPORTANTLY, ITS A MEANS OF GETTING CASH AND AND A HALF MILLION DOLLARS IN THIS DAY AND TIME AND IN THIS BUDGET CONDITION IS CERTAINLY NOT TO BE SNEEZED AT. BUT MOR MPORTANTLY, T IS PROJECT WI L FURNISH TO THE GREATER MIAMI AREA, bUUU NEW JOBS T WILL BRING 5.3 MILLION VISITORS TO THE GATES OF THAT IN 197 . IT WILL BE THE MEANS BY WHICH THE THIRD CENTURY PROJECT AND THE DESIGNATION AS A BI-CENTENNIAL SITE FOR MIAMI CAN BE BROUGHT INTO REALITY AND WITH THAT COMES THE PROSPECT OF PUTTING MIAMI AT THE HEAD OF THE LIST FOR ALL THE KINDS OF FEDERAL BENEFITS THAT WILL HELP OUR COMMUNITY, IT WILL HELP IN HOUSING, IT WILL HELP IN HIGHWAYS, IT, WILL HELP IN ALL KINDS OF THINGS THAT THIS COMMUNITY BADLY NEEDS, WE WILL GO TO THE HEAD OF THE QE LIST ONCE WE OURgET EVERYPROJECT NOFIWHICH YOU TASETHE NCOMMISSION MOFITHE DLITYTOF MIAMI HAVE HAD A LONG INTEREST AND HAVE A LOT BETTER CHANCE OF COMING INTO FRUITION WITH SUPPORT FROM THE FEDERAL GOVERNMENT AND SUPPORT FROM THE STATE, SUPPORT FROM THE BUSINESS AND PRIVATE COMMUNITY TO BRING THIS THING INTO REALITY, J0 WHAT WE ARE SAYING TO YOU LADIES AND GENTLEMEN OF THE COMMISSION, IS THAT THIS IS A$IG STEP FORWARD AND YOU ARE NOT BEING ASKED TO GIVE UP ANYTHING, AS A PRUDENT BUSINESSMAN AND TAXPAYER, I AM A TAXPAYER OF THE (ITY OF MIAMI, THE COMPANY OF WHICH I AM THE PRESIDENT IS ONE OF YOUR LARGESTTAXPAYERS, WE WOULDN'T ASK YOU TO TAKE AN IMPRUDENT STEP. WE STUDIED THIS AND WE BELIEVE IN IT AND WE THINK IT MAKES OVERALL SENSE, ECONOMICALLY AND WE THINK IT MAKES SENSE FQR THE DEVELOPMENT OF THIS AREA. WE THINK IT MAKES SENSE FOR PUTTING 6000 MORE JOBS IN THE ROLLS OF THIS COMMUNITY FOR THE CITIZENS 9F THE GREATER MIAMI COMMUNITY, SO WE URGE THAT YOU DO IT AND WEDON T THINK YOU ARE GIVING UP ANYTHING, ON THE CONTRARY WE THINK YOU ARE TAKING THE ONLY STEP POSSIBLE THAT WILL EVER ENABLE ANY MONEY TO FLOW FROM THE LIEN THATYOU HAVE INTO THE CITY TREASURY IN A WAY THAT WILL BE BENEFICIAL TO ALL THE CITIZENS OF THE CITY OF MIAMI. THIS COMMUNITY OF OURS IS A GREAT COMMUNITY, WE HAVE TREMENDOUS NATURAL ASSETS HERE IN OUR CLIMATE, THE WHOLE ENVIRONMENT) WE HAVE DONE A GOOD JOB IN ESSENTIALLY PROTECTING IT BUT WE HAVEN T DONE ANYANDTHING IN THE GOLF COURSESWAY OF IN THELASTYEARS.g TO SURET EWELE HAVERE BUILTSOME EPT OTELS PARKS BUT THEY HAVE BEEN ESSENTIALLY FOR THE CITIZENS OF OUR AREA AND THIS HAS BEEN VERY BENEFICIAL BUT WE PASSED THE LAST PARK BONDS ISSUE. bUT FOR PUBLIC FACILITIES TO ATTRACT VISITORS, CREATE JOBS AND ENHANCE THE ECONOMIC OPPORTUNITIES IN THIS COMMUNITY, THIS IS HEAD AND SHOULDERS ABOVE ANYTHING THAT HAS BEEN CONCEIVED IN TJIS COMMUNITY IN YEARS AND IT IS ON THE VERGE OF REALITY AND SINCERELY URGE THAT YOU GO ALONG WITH THE ACTION COMPACT THAT HAS ALREADY BEEN ENDORSER BY THESE OTHER PUBLIC AGENCIES AS BEING IN THE BEST INTEREST OF THE LITY OF MIAMI, THANK YOU VERY MUCH, MR. GISSENDANNER: MR, MAYOR, I DON'T BELIEVE ANYBODY FROM THE DADE DELEGATION IS HERE YET. I WOULD JUST LIKE TO SAY THAT THIS CONCLUDES OUR WORDS. IHE A , GITYOFNLESS MIAMITHEYICJME USTRIGHT WANTEDAWAY, BUT TOEXPRESSTH MYACOUPLE F PERSONAL APPRECIATION ON THE PART OF THE AUTHORITY FOR THE COOPERATION THAT I HAVE RECEIVED IN THE CITY QF MIAMI IN THE LAST 2 YEARS. ITS BEEN A REAL PLEASURE AND MAYOR KENNEDY HAS ALWAYS BEEN ABLE TO PROVIDE THE FORUMWHENWWEyNEEDED DvIITTyAND TTYO PULL US OUT WHEN WE NEEDED IT AND ASAA REP F9/HI AUT�IORITY,Tralti IT THINK H HA MISSED BUT ONE MEETING AND 1 KNOW HE HAS BEEN VERY BUSY AND MR, KEESE HAS BEEN TO ALMOST EVERY MEETING WE HAVE HAD IN THE LAST TWO YEARS SO WE KNOW THAT YOU HAVE THE BACKGROUND AND WE KNOW THAT YOU HAVE THE INTEREST. NOW, IF I MIGHT SAY, IT IS IN YOUR HANDS AND WE HOPE THAT WE HAVE ]]E ATNTHISETIMEIIHGAMHGOING TOO LET MARHAVE ONONIBLEY COMENUP AND THAT PERHAPS LL. THERE WILL BE SOME QUESTIONS FROM MR. THSTEIN AND WHATEVER YOU WANT TO DO, WE WILL JUST TURN IT OVER, MR. MAYOR, ITS YOUR PROGRAM NOW, 8 MAY 19, 1972 • TR. SIBLEY: MR. MAYOR AND LADIES AND GENTLEMEN DF THE COMMISSION, HAVE FOLLOWED THE INTERAMA PROBLEMS FOR THE PAST TEN YEARS, PRIMARILY THE LEGAL PROBLEMS. YOU ARE REQUESTED TO PASS A R SOLUTION WHICH YOU MIGHT FEEL IS NOT AUTHORIZED UNDER YOUR CHARTER. YOU CITY ATTORNEY HAS RENDERED TO YOU AN OPINION, AN OPINION WHICH 1 DO NOT AGREE WITH.. THIS OPINION, YOUR ;ITV ATTOQRNEY HAS MADE THIS STATEMENT. THE CITY OM Sj, QQ(N(� OF THE CITY OF MIA(� j I CANNO�LEGALLY WAIVE PAYMENT OF THE 8, DUU,000 OBLIGATION TO THE GITY OF MIAMI OR ANY PORTION THEREOF OR WAIVE THE RECONVEYANCE OF THE PROPERTY INASMUCH AS THIS SUM AND THE OBLIGATION AND THE RIGHT TO RECONVEYANCE OF THE PROPERTY IS BEING HELD BY THE CITY IN TRUST FOR THE CITIZENS AND TAXPAYERS OF THE CITY OF MIAMI OR TO ANY OFITS RIGHTS AND PROPERTY. THIS PROPERTY WAS ACQUIRED BY THE CITY FOR AN AIRPORT UND R THE PROVISIONS OF SECTION 5, SUBSECTION 11 OF YOUR CHARTER. THAT PERMITTED THE CITY TO CONDEMN LAND OR TO PURCHASE LAND FOR THE PURPOSE OF HAVING AN AIRPORT. IN THAT PARTICULAR SECTION OF THE CHARTER, UNDERWHICH YOU. ACQUIRED THIS PROPERTY, THIS PROVISION IS TO BE FOUND.: HE ITY OF MIAMI IS EMPOWERED QUOTE: TO GRANT DEEDS OR TO DEDICATE LAND TO THE FEDERAL GOVERNMENT, STATE OR BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY WITH OR WITHOUT CONSIDERATION PROVIDED HOWEVgR SUCH LAND SHALL BE USED FOR FEDERAL, STATE OR COUNTY PURPOSES. IHIS EMPOWERS YOU TO DO AS YOU SEE FIT, NOT ONLY TO SUBORDINATE YOUR INDEBTEDNESS, BUT TO WAIVE YOUR INDEBTEDNESS IF YOU SEE FIT BECAUSE THIS PROPERTY IS TO BE USED FOR A STATE PURPOSE AND WAS E D QYER BY THE CITY ALTHOUGH THEY ASKED US A PURCHASE PRICE OF $s,suu,000 YOU ARE AUTHORIZE4 UNDER YOUR CHARTER TO WAIVE THAT CON IDERATI QN IF XOU SEE FIT. THIS QUESTION HAS BEEN SETTLED BY THE SUPREME COURT OF t'LORIDA IN THE Q E OF J CKSON MgMORIAL HOSPITAL. Y�jU WILL REMEMBER THAT IN 1J4o, THE LITY OF MIAMI OWNED JACKSON MEMORIAL HOSPITAL AND ALL THE LAND AROUND IT WHICH WAS A VERY VALUABLE ASSET OF THE CITY. IHE CITY GAVE THAT TO DADE COUNTY AND OF COURSE IT WAS ATTACKED BY THE CITIZENS ON THE GROUNDS THAT THE CITY HAD NO IOWER TO GIVE AWAY, THIS VALUABLE PROPERTY. HESUPREME COURT OF LORj1,DA HELD THAT THIS PROPERTY WAS BEING DEEDED BY THE CITY TO THE COUNTY FOR A PUBLIC PURPOSE AND UNDER SUCH CIRCUMSTANCES IT WASPERFECTLY VALID AND NO CONSIDERATION WAS NECESSARY. NOW, NOBODY IS REQUESTING THE CITY TO WAIVE ITS LIEN. IT HAS BEEN SUGGESTED AND IT SEEMS TO ME TO BE A SENSIBLE SOLUTION TO SEI ASIDE A PORTION OF IHIS LAND WHICH WILL BE OF VALUE OF AT LEAST 17 MILLIONS OF DOLLARS. bIVE THE CITY A SPECIFIC LIEN, AN OBLIGATION ON THAT PIECE OF ITSPROPid ANDRTY SI/LHMILLIONAT THE CDOLLARSWILL AND OPERMITAT LTHISL MPROJECT THAT TO MOVE IT WILL COLLECT FORWA^D WITH THE BALANCE OF THE PROPERTY SO THAT THE CITY OF MIAMI AS WELL AS THE CITIZENS OF DADE COUNTY PROFIT BY THE DEVELOPMENT OF THIS GREAT ATTRACTION. WE URGE YOU TO ADOPT THIS RESOLUTION, YOU ARE AUTHORIZED TO DO SO AND NOBODY IS ASKING YOU TO GIVE ANY PART OF YOUR VENDORS LIEN, ALTHOUGH UNDER YOUR CHARTER YOU HAVE THAT RIGHT. MAY^R K NNEDY' ALAN, HAVE YOU HAD A CHANCE TO STUDY THE LEGAL OPINION BY i'�R. bIBLEY' MR, ROTHSTEIN: YES, THE LEGAL OPINION OF MR. SIBLEY IS NOT IN ANY WAY IN CONFLICT WITH ME BECAUSE IN IT HE ISCUSSES THE FACT THAT THERE IS NO SITUATION INVOLVED WHERE THE LITY OF MIAMI IS TO SU#OR- DINATE ITS POSITION. IN OTHER WORDS WHAT I AM SAYING IS, 1 RON T THINK WE HAVE TO GET INTO THE DIFFERENCE OF OPINION BETWEEN MR. JIBL,EY ND MYSELF BECAUSE UNDER THE PRESENTATION THAT IS BEING MADE BY MR. CHAPMAN, YOU ARE NOT BEING ASKED TO WAIVE YOU ARE BEING ASKED TO ESTABLISH AN ALTERNATIVE METHOD OF PAYMENT. PHIS IS A MATTER OF POLICY FOR THE COMMISSION TO DETERMINE. WE HAVE NO Q�jARREL ON THE ISSUE THAT IS BEFORE YOU, HAVEN T SEEN THE CHAMBER KESOLUTION BUT IPRESUME THE CHAMBER RESOLUTION SETS FORTH THAI MR. CHAPMAN PRESENTED ABOUT A SUBORDINATION ALTERNATIVE PROCEDURES. IHE PRESENT POSTURE 9F THE CITY S POSITION IS THAT YOU HAVE A CONTRACT IN EXISTENCE WITH INTERAMA WHERE IF INTERAMA DOES NOT BECOME A VIABLE, PRACTICAL OPERATION THERE WILL BE A RECONVEYANCE OF THE PROPERTY. THAT AS I SAID IN MY OPINION FROM ENTERING INTO ANY APPROPRIATE AREEMENT WHICH WOULD ENABLE THEM TO PROCEED WITH THEIR CONCEPT. YOU HAVE TO REMEMBER THAT THE ASPECT OF THE VENDORS LIEN IS SUCH THAT THE STATE STATUTE SAYS THAT NONE OF THE LAND CAN BE SOLD AND THAT THE ONLY BONDS THEY CAN ISSUE ARE REVENUE BONDS AND REVENUE BONDS HAVE NOTHING TO DO WITH THE LAND OR A VENDORS LIEN OR A RIGHT TO RECONVEYANCE. 9 MAY 19, 1972 • a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uE BEEN MANAGER THAT WOULD REFLECT A POSSIBILITY OF THE rROWTH OF 1NTERAMA. COF ITY OF MIAMI. AFTERIS IS fiOT SUPPOEDBY MEETMEJNGSIWITH THEISPkIED KOUSEBLOMHANY, ANDSTHEIRHE REPRESENTATIVE, ALSO WITH IIR. ARONOVITZ, AND MR. bISSENDANNER AS WELL AS A NUMBER OF OTHER PEOPLE, IT APPEARED THAT THE PROPOSED DOCUMENT THAT THE CITY IS TO EXECUTE WOULD RAISE A NUMBER OF QUESTIONS THAT WERE NOT READILY SOLVABLE S FAR AS THE CITY WOULD BE IN A POSITION TO OFFER THE SOLUTION. �URING ONE OF THE DISCUSSIONS IT WAS POINTED OUT THAT MAYBE THE PRACTICAL APPROACH WOULD BE TO QUIT CLAIM, TO APPLY A QUIT LAIM DEED TO CERTAIN PIECES OF LAND THAT WOULD BE DEEDED TO THE CITY OF MIAMI WITIO A DEFINITE UNDER- STANDING THAT IF AND WHEN THE DEVELOPMENT OF INTERAMA GOT TO THE STAGE WHERE THEY NEEDED THIS LAND, THAT THE CITY WOULD THEN BE IN A POSITION TO MAKE IT AVAILA§LE UPON PAYMENT OF DEBT. I HAVE TAKEN THE INTERIM PLAN THAT KOUSE COMPANY HAS PREPARED THAT IS REFERRED TO IN ONE OF THE DOCUMENTS, THE ACTION PLAN, AND AFTER REVIEWING THEIR LTUDIES AND SO ON, 1 FEEL THAT I COULD MAKE A SUGGESTION TO THE OMMISSION THAT THERE IS A TRACT OF LAND THAT WE CAN HOW YOU ON THE MAP AND IT IS ALSO IDENTIFIED IN THE TEXT AS TRACT X . IT IS NOT ONTEMPLATED TO BE DEVELOPED IN THE IMMEDIATE FUTURE. HIS IN NO WAY WOULD RESTRICT OR HAMpER THE DEVELOPMENT ACCORDING - IT IS A TRACT OF LAND THAT IS ON U. . 1. THEN ME OTHER IUGGESTION IN ADDITION TO THIS I PROPOSE THAT THEY DEED N AND L WHICH IF WE CAN APPLY THE SCALE THAT IS USEDAT THE TOP OF TN „MAP IN THIS BOOK, IT REPRESENTS APPROXIMATELY 4A0 ACRES. Now N AND L WILL UNDOUBTEDLY BE DEVELOPED SOONER BECAUSE OF THE TYPE OF ACTIVITY THAT IS PROPOSED THERE BUT IT WOULD BRING ABOUT AN ACTION THAT THEN INTERAMA WOULD BE IN A POSITION TO RAY THE CITY FOR THE APPRAISED VALUE OF THAT PIECE OF LAND•'WHICH n WOULD HAPPEN AT AN EARLIER DATE THAN ANY ANTICIPATED USE OF TRACT X" . NOW THIS IS NOT ORIGIN% BY ANYBODY S SUGGESTION OR ANYTHING, THIS IS THE §AM A TION THE STATE LEGISLATURE TOOK IN THE ALLOCATION OF t..AtND. IN 196u, THE CITY COMMISSION TOOK THE ACTION TO SET ASID 4UU A RES A POTENTIAL UNIVERSITY TQ BE OCATED AT IN ERAMA SITE. WHEN DILL FORNTAFF APPEARED BEFORE THE CITY COMMISSION. IHIS WA§ THE ORIGINAL ACTION. (HERE WAS VERY EARLY NEGOTIATIONS WITH NORTH MIAMI AS FAR AS THE SITE THAT NORTH MIAMI WOULD LIKE TO USE AS FAR AS BORROWING S WER BONDS, THAT THEY WANTED SOMETHING TO BE MADE AVAILABLE FOR THAT. THE COUNTY AT ALL TIMES, TO THE BEST OF MY KNOWLEDGE HAS BEEN COMPENSATED BY ROT AND OTHER MEANS FOR THE LAND FOR THEIR CONTRIBUTIONS TOWARD 1NTERAMA BUT THEY WERE GIVEN A SITE OF LAND ALONG A RIVER BASIN TO PRESERVE IT FOR A NATURAL PARK. THESE ARE ALL ACTIONS TAKEN BY THE OTATE LEGISLATURE QN THE ALLOCATION OF LAND AND TH� ALLOCATION THAT THEY GAVE THE CITY WAS A LIEN ON THE PROPERTY. FEEL THAT IN GOOD FAITH A4D BEING CONSISTENT WITH THE LEGISLATIVE ACT, THERE SHOUIJD BE LAND THAT WOULD BE ALLOCATED TO THE CITY TO ASSURE THE CITY S INTEREST IS TAKEN CARE OF AND THEN WHEN FUTURE NEEDED, AS DEVELOPS FOR THIS LAND, THAT IT BE MADE AVAILABLE FOR THE INTERAMA DEVELOPMENT. 10 MAY 19, 1972 THIS IS A SUGGESTION I MADE TO THE COMMISSION AND I WANT TO APOLOGIZE FOR GETTING IT TO YOU SO LATE LAST EVENING BUT MY TIME WAS SPOT IN OTHER PLACES WHERE HAD TO Eh n n n n AM SORRJ WAHTnTO STAND CORRECTED, I MEANT 'X , K AND J . GATHER 'J & K WILL BE DEVELOPED TOGETHER AND THEY WOULD BE THE EARLY DEVELOPMENT. MR. PLUMMER: MR. REESE, WHAT �IS THE APPROXIMATE VALUE OF THOSE THREE PARCELS? MR. REESE: I HAVE NO WAY TO KNOW AND I WOULDN'T WANT TO SPECULATE BECAUSE WE WOULD HAVE QQ ET THEM APPRAISED BUT I FEEL VERY CONFIDENT THAT THEY ARE, AT THE 1959, THE VALUE THAT WAS PUT ON THE LAND WOULD REPRESENT H 1/2 MILLION DOLLARS TODAY. REV, GIBSON: MAY I ASK, BASED ON THE CITY MANAGER'S SUGGESTION AND RECOMMENDATION, HOW DOES THIS FIT IN WITH WHAT YOU ARE ASKING US TO DO. MR. GISSENDANNER: WELL IHIS I§ THE FIRST TIME,I HAVE HEARD- WE ARE CONFERRING WITH THg J. MANY ON IT. I THINK FOR THE RECORD WE CAN POINT 0 Tz THAT AND N ARE THE SITES FOR MARINA & HOTEL PPRQX��MATELY 2U ACRES THERE WITH WATER UNDERNEATHA L.AGOON. THE x SIDE IS ALL THE COMMERCI44L FRONTAGE ALONG U. S. 1 AND NC UDES SOME LAIRn& ZONED, THE 13ESSEMER PROPERIIES LOCATED AT THE . E. CORNER OF A OR ADJACENT THERETO, ABOUT 3U ACRES, AN OUTPIECE THAT WE HAVE NEVER ACQUIRED. N9W, I, YOU KNOW WE HAVE SOME VERY EXPENSIVE CONSULTANTS AND CAN T STAND HERE WITHOUT, AND SPEAK FOR THE AUTHORITY WITHOUT A MEETING ON THIS TO SAY THAT WE COULD AGREE TO THIS. 1 WOULD HAVE TO DEFER THAT TO FUTURE NEGOTIATIONS. 1 MIGHT PIR1F OUT AND THIS IS THE FIRST TIME ITS BEEN MADE PUBLIC, THAT THE K ITE, WHICH WAS THE ORIGINAL AND YOU AGREED TO RELEASE YOUR LIEN TO �ADE COUNTY FOR THE CONSTRUCTION OF A WASTh WAIER TREATMENT PLANT, HAS BEEN PRETTY WELL RULED OUT BY THE TRUSTEES, MR.LOUPLEBERG WHO MADE A STUDY OF THE RIVER AND MANGROVES IN 'HOT AREA AND SAID WE WOULD HAVE TO DESTROY THE RED MANGROVES ON THE 'I' SITE AND THEY DO NOT WANT TO APPROVE TH1T TO BE UISED FOR THAT PURPOSE. THE COUNTY THEN HAD THEM LOOK AT " AND "W' SITE FOR WASTE WATER.TREATMENT FACILITY AND IN THAT SITE ALSO THERE ARE EXTENSIVE ECOLOGICAL PROBLEMS, PRIMARILY WITH MANGROVES, SO THE COUNTY HOS BEEN LOOKING AT THE NORTHWEST CORNER WHICH INCLUDES PART OF THE 'X" TRACT BECAUSE THAT LAND IS HIGHER AND IS NOT UNDER WATER AND NOT IN MANGROVE AND HAS AN ELEVATION SUFFICIENTLY HIGH THAT THE TRUSTEES WOULD APPROVE IT, TO BE FILLED SO THEE ARE SOME PROBLEMS THAT MUST BE WORKED OUT AND COORDINATED BEFORE COULD GIVE YOU AN OK THIS MORNING. MAYOR KENNEDY: ELTON, LET ME ASK YOU THIS. YOU ARE GOING TO GIVE US THE FIRST VENDORS LIEN ON APPROXIMATELY 13 MILLION DOLLAR WORTH OF TRADE LAND. WHERE EXACTLY DID YOU FIGURE THAT LAND TO BE? MR. GISSENDANNER: I WOULD HAVE TO DEFER THAT, THE ROUSE COMPANY yAS MAD A STUDY, YOU MIGHT RECALL IN YOUR RESOLUTION, IT SAYS THAT, 1 ON T HAVE IT - LET ME TURN TO THE POINT IN THE R SOLUTION THAT SPEAKS TO THE IEN ON THE LAND. IT DQESN T DO WHAT MR. REESE IS TALKING ABOUT. IN OTHER WORDS, WHAT MR. REESE IS TALKING ABOUT IS AN AMENDMENT TO THIS RESOLUTION. 1F WE SPEAK TO THIS POINT IN ITEM 0 OF THE PROPOSED RESOLUTION, AND TH RE �jE SAY THAT, 1 KNOW ITS NOT ANSWERING YOUR QUESTION DIRECTLY FIR. MAYOR BUT 1 THINKWE OUGHT TO COVER IT, IT IS CONTINGENT.UPON VALIDATION OF THE INITIAL PRIVATE FINAN ING, THAT MEANS THE 1L MILLION DOLLARS BACKED UP BY THE COUNTY. THE AUTHORITY MAY DEVELOP OR LEASE FOR DEVELOPMENT, ANY PARCEL CONSTITUTING A PART OF THE CENTER SIT DESIGNATED IN RED 4ND WHIT ON THE PLAT IN A BOOKLET ENTITLED ACTION t'ROGRAM FOR 1NTERAMA . IF NE ESSARY FOR DEVELOPMENT AND LEASE OF ANY SUCH PARCEL, OR PARCELS, MIAMI SHALL SUBORDINATE OR RELEASE THE VENDORS LIEN WITH RESPECT THERETO UPON REQUEST BY THE AUTHORITY PROVIDED THAT MIAMI SHALL HAVE AT ALL TIMES, 9UR1TY FOR THE UNPAID BALANCE OF THE VENDORS LIEN IN THE FORM OF: ANNUAL NET OPERATING RVENUES OF THE AUTHORITY SUBJECT TO THE VENDORS LIEN AT LEAST . MILLION DOLLARS WHICH IS TWO TIMES THE 9NNUAL DEBT SERVICE AS PROPOSED IN THIS AGREEMENT OR AUTHORITY OWNED PROP RTY SUBJECT TO THE VENDORS LIEN AND APPRAISED EQUAL VALUE 100%, 15UA OF SUCH -- 11 MAY 19, 1972 • NOW WHAT THIS ITEM DOES IS, ALL THESE AREAS IN RED, W HAVE ASKED OU TO COMPLETELY TO SUBORDINATE SO WE CAN BUILD THE BARD N OF THE SUN AND THE LOWER OF THE SUN AND THE PARKING THERE TOO, HE REST OF THE CENTER SITE, THE WHITE AREAS, THE AREAS THAT ITEM SPEAKS TO, IS THAT NO CORRECT MR. SO ANY DEVELOPMENT OBVIOUSLY ON THE CENTER SITE IS, THE THIRD CENTURY, TO USE AS A NON -SPECIFIED AREA THAT MIGHT BE USED FOR SPECIFIC BICENTENNIAL PROJECTS, SO ANYTHING IN THE CENTER SITE WOULD BE SUBJECT TO THIS PROVISION, NOW WHEN WE GET OFF THE CENTER SITE, AND INCIDENTALLY THE CENTER SITE IS THE MOST VALUABLE, IT HAS WATER ANp SEWER AND FI L, WHEN YOU GET OFF FHE CENTER SITE, YOU RUN INTO THE LITY OF NORTH MIAMI, YOU RUN INTO .I.U., YOU RUN INTO THE PROBLEMSX E9OI6OGICAL DESTRUCTION OF MANGROVES. WE COULD PERHAPS THE U , W , SIDE WHICH IS PRETTY VALUABLE, MIGHT BE��C�NSIDERED HERE, AS TO - 1 JUST WANTED TO FILL YOU IN ABOUT SITE A , WE HAVE TO BE CAREFUL, NOW ITS TRUE THAT SOME OF THE COMMERCIAL PROPERTY ALONG THE BOULEVARD COULD NOT BE USED FOR ANYTHING ELSE, MAYOR KENNEDY: WE'VE COME TOGETHER TODAY TO DISCUSS SOME LAND THAT WE WILL BE GIVEN FIRST LIEN ON, YOU ARE ASKING US TO DO CERTAIN THINGS TODAY, NOW CERTAINL YOU HAVE A RECOMMENDATION OF WHAT LAND THAT IS GOING TO BE WORTH 13 MILLION DOLLARS, THAT WE ARE GOING TO HAVE, I THINK THATS A REASONABLE QUESTION TO BE ANSWERED AT THIS TIME. MR. G;SSENDANNER: I WILL HAVE TO DEFER THAT TO THE ROUSE COMPANY, I CAN T ANSWER THAT. MR. CHAPMAN: MR. MAYOR, I WANDER IF I MIGHT SUGGEST THIS AS A COMPROMISE IN PROCEEDINGS. LERTAINLY THE CITY IS ENTITLED TO THE PROTECTION OF ONE AND HALF TIMES THE OBLIGATION AND WE IN THE BUSINESS COMMUNITY, THE CHAMBER AND THE THIRD CENTURY AND EVERYONE ELSE RECOGNIZES THg IMPORTANCE OF THAT. I DON T THINK IT IS THE INTENTION OF THIS LOMMISSION TO PUT THE CITY GOVERNMENT IN THE BUSINESS OF DEVELOPING A PART OF THE INTERAMA PROJECT. THINK YOU ARE INTERESTED IN PROTECTING YOUR LAijD. THERE IS A PLAN FOR THE DEVELOPMENT OF THIS TOTAL PROJECT. 1 WOULD LIKE TO SUGGEST AS A COMPROMISE THAT WE ADOPT THE RESOLUTION THAT IS BEFORE YOU IN PRINCIPLE AND LET THE INTERAMA AUTHORITY COME BACK TO YOU AT YOUR NEXT MEETING WITH A SPECIFIC PIECE OF LAND THAT THEY WOULD PROPOSE THAT WOULD EST ACCOMPLISH THE OBJECTIVE OF THE CITY, WHICH IS SECURITY. T DON'T THINK THE BUSINESS COMMUNITY IS GOING TO URGE THIS COMMISSION TO GET THE CITY OF MIAMI IN THE DEVELOPING BUSINESS TO WHERE YOU WANT TO ) AKE A PIECE THAT IS GOING TO COME ALONG FOR DEVELOPMENT IN 4 OR YEARS, YOU WANT SECURITY FOR YOUR OBLIGATION AND YOU WANT TO BE PAID YOUR MONEY BUT THE DEVELOPMENT OF THIS PROJECT SHOULD BE IN THE HANDS OF THg INTERAMA AUTHORITY AND THE PEOPLE THAT THEY HIRE TO DO THAT. I WOULD LIKE TO SUGGEST AS A COMPROMISE THAT WE ADOPT IN PRINCIPLE THE RESOLUTION THIS IS BEFORE YOU AND ALLOW THE INTERAMA AUTHORITY TO COME BACK BEFORE YOU AT .La7U%NCOVERAGEEXT IWILLNG IAMPLYTH A SPROTECT THEPECIFIC CLIEN OFLAND THEHCITYT FHMIAMI, E RATE OF MAYOR KENNEDY: I AGREE WITH YOU, I WOULD EVEN, AS ONE OF THE COMMISSIONERS HERE WOULD AGREE TO GO ALONG WITH RELEASE CLAUSES THAT AS SOON AS PART OF THAT L;EN WAS PAID, THAT WE WOULD GIVE RELEASE CLAUSES BECAUSE WE DON T WANT TO BE IN THE POSITION OF BEING A DEV LOPERON THIS, WE HAVE MERE WANT TO BE A SECURED ENDOR, Now IF THE 1NTERAMA UTHORITY PAYS US 4Y MILLION DOLLARS, THEN 1 FOR ONE WOULD BE WILLING TO BEIEA6E THAT AMOUNT OF LAND UP TO THE POINT WHERE WE STILL HAVE OUR 115UA SECURITY DEAL ON THE UNPAID BALANCE, WE SHOULD B ABLE TO GIVE RELEASE CLAUSES ALSO MR, KOTHSTEIN, COULDN T WE. MR, ROTHSTgIN: I THINK HOLOIEVER THAT THIS COMMISSION SHOULD BE ALERTED, IN MY MEN THAT,.1 HAVE POINTE OUT THAT THERE IS SOME TERMINOLOGY IN THE KOUSE CONTRACT WITH TNTERAMA THAT,DISTURBS ME GREATL . 1 WOULD BE R MI�SS�'j, IN MY DUTY IF I DIDN'T POINT IT OUT. HE LAST TIME I FOiNftD OUT SOMETHING WRONG, ON THE INTERAMAAGREEMENT WITH SOMEBODY THAT DEALT WITH THE MERRILL- TEV NSOORNGINAL94QNTRACRT, WHICH HAD A PROVISION THAT IF INT RAMA DIDNT E RILL-STEVENS WOULD GET FREE, ABOUT 4U MILLION DOLLARS WORTH OF LAND AND IT WAS ON THE BASIS OF THAT, THAT THE COMMISSION ACTED AND THAT WAS REVISED AND WHEN THAT POSSIBILITY OF FREE LAND , 40 MILLION DOLLARS, WORTH- 12 MAY 19, 1972 IT ENDED UP IN THE NET RESULT THAT THE LAND WAS SAVED SO IN THIS SITUATION, TECHNICALLY THE DAY THAT YOU SUBQQ DINATE 0 WORK OUT SOMETHING, THERE IS A PROVISION IN SECTION ID OF THE KOUSE AGREEMENT WHICH SAYS THE AUTHORITY OBLIGATION TO KOUSE THAT IS, SECURED BY REVENUES , THE AUTHORITY AGREES THAT IT SHALL NOT UNDERTAKE ANY ACTION WHICH WOULD IMPAIR KOUSE FROM THE COLLECTION OF THE MONIES WHICH KOUSE MAY BE ENTITLED TO UNDER TH TERMS OF THIS AGREEMENT THE DAY YOU SUBORDINATE A AY, THAT GIVES HOUSE TOTAL CONTROL, I THINK, OVER THIS LAND AND 1 THINK A PUBLIC BODY WOULD BE MORE APPROPRIATE, IF THAT BE ELIMINATED BECAUSE ONCE YQU DO WHAT YOU CAN DO AND WHAT WOUt,D BE APPROPRIATE TO PROTECT INTERAMA, THERE IS NO CHECK ON THAT. I THINK THAT IS SOMETHING THAT THE INTERAMA AUTHORITY OUGHT TO BE CONCERNED ABOUT BECAUSE WITH ALL WE HAVE IN MIND TO HELP THEM, THERE;S A VETO THERE BY A PRIVATE MANAGEMENT CONCERN, MR. REESE: MR, MAYOR, MR,CHAPMAN MADE A PROPOSAL OF A COMPROMISE, IN MY PRESENTATION, I H PE 1 MARE IT VERY CLEAR THAT THIS LAND THAT WOULD BE DEEDED TO THE LITY OF MIAMI WAS ONLY TO PROTECT ITS INTEREST AND THAT AT NO TIME AS A POTENTIAL DEVELOPMENT UTE FOR THE CITY TO GET IN THERE AND DEVELOP ANY LAND WHATSOEVER. IT WOULD STILL BE RELEASED WHEN INTERAMA GOT TO THAT DEy I,OPMENT STAGE AND I WANT TO BRING IT TO YOUR ATTENTION THAT SITE A MIGHT BE IDENTIFIED AS COMMERCIAL PROPERTY BUT WE ARE TALKING ABOUT A SITE TO BE USED FOR PUBLIC USE AND PUBLIC USE NLY AND REALIZING THE DISCUSSION THAT HAS GONE ON PERTAINING TO JJADE COUNTY DISPOSAL SYSTEM, UNDOUBTEDLY SOMEWHERE ALONG THE LINE, THAT THERE WILL BE AN EXCHANGE 9F LAND AND 1 THINK THAT THAT WOULD BE FOR A PUBLIC USE AND 1 DON T THINK THE OMMISSION OR ANY FUTURE COMMISSIONER S WOULD TAKE A POSITION THAT IT WAS NOT FOR PUBLIC USE, MR, CHAPMAN: MRI MAYOR,,I DIDN'T MEAN THAT WE WERE GOING TO SELL IT OUT FOR PRIVATE USE, I THINK, 1 JUST MEANT IT WAS ALONG A COMMERCIAL RIGHT OF WAY, I WOULD LIKE FOR MR, ARONOVITZ TO RESPOND TO MR.KOTHSTEIN SINCE HE HAS RAISED A TECHNICAL POINT IN WHICH IS HIS OPINION THAT WE SAW THIS MORNING CONCERNING THE KOUSE CONTRACT BECAUSE T WAS NOT MY FEELING EVER, THAT THE KOUSE COMPANY HAD A LIEN ON INTERAMA LIEN, MR, ARONOVITZ, WOULD YOU TRY TO CLEAR THAT UP? MR, ARONOVITZ: MR. MAYOR AND MEMAERS OF THE COMMISSION, IN THE NEGOTIATION OF THE CONTRACT WITH KOUSE, ROUSE HAD A PROVISION IN THERE IN THE AREA WHERE MR. ROTHSTEIN HAS CITED WHICH WOULD HAVE PROVIDED FOR A LIEN OVER THE LAND TO PROTECT TOE BENEFITS THAT WERE TO ACCRUE TO ROUSE FOR THE DEVELOPMENT, THIS WAS REMOVED IN THE FINAL AGREEMENT THAT WAS NEGOTIATED, EXECUTED BY THE PARTIES, Now AT THE PRESENT TIME, KOUSE HAS NO LIEN RIGHTS OVER THE LAND AND WHILE IT HAS TO BE PAID, THE RIGHTS TO BE PAD ARE COLLATERAL ANCILLARY BECAUSE THE ESSENTIAL OBLIGATION THAT KOUSE HAS IS TO ADVISE THE AUTHORITY ON A PROGRAM THAT WILL LEAD TO THE COMPLETION AND FRUITION OF THE PROJECT SO THAT KOUSE IS AFFIRMATIVELY CHARGED UNDER THE AGREEMENT AND UNDER OTHER PROVISIONS WHICH MR. KOTHSTEIN DID NOT CITE WITH THE VERY ESSENTIAL DUTY TO BRING IN A FEASIBLE WORKABLE PROGRAM AND THE FINANCE FOR ONE AND THEREFORE I SUBMIT TO XOU THAT NOTHING WOULD BE FURTHER FROM THE TRUTH THAN TO SAY THAT KOUSE BETWEENOULD THESEHEN RIGHTSEISOME THELI ENTY OF MIAMI, !HAT YOU NMSTANDING IS NOTWITHSTANDING THE RIGHT OF KENOF THE RUSE OVER THIS :LAND THE T ING THAT STANDS BETWEEN KOUSE AND ITS PAYMENT IS THE FACT THAT KOUSE HAS A DUTY TO PERFORM, AND IF IT PERFORMS THAT DUTY, THERE WILL NECESSARILY BE ENO GH MONEY FOR THE PAYMENT OF THE, UNDER THE ROUSE CONTRACT, SO 1 DARE SAY THAT THAT TYPE OF APPROACH COULD LEAD TO ONLY ONE CONCLUSION, THAT COULD NOT BE A MATERIAL SITUATION PREVENTING THE CITY FROM CHANGING THE CONDITION OF ITS LEASE. MR, ROTHSTEIN: MR. ARONOVITZ, I THINK YOU ARE NOT REACHING TO THE POINT, THE POINT IS VERY CLEAR, THAT OUR PROCEEDING IN THIS VIEN IS FOR THE PUREOSE OF DEVELOPING AN APPROACH SO THAT A PUBLIC BODY CAN PROCEED. HAT PORTION OF YOUR AGREEMENT ILLOWA THEM IN EFFECT TO VETO ANYTHING THAT A PUBLIC BODY WANTS TO DO. NOW I HAVE BROUGHT IT TO THE ATTENTION OF THE OMMISSIONERS AND FROM THERE ON IN, ITS UP TO THEM. 13 MAY 19, 1972 • MR. ARONOVITZ: I CAN ONLY DIFFER WITH YOU AO SAY THAT YOU CAN FIND NO WORDS IN ANY INSTRUMENT THAT WOULD ALLOW KOUSE TO VETO THE PROGRAM OF THE INTERAMA AUTHORITY. MR. ROTHSTEIN: I DON'T WANT TO BELABOR THE POINT, BUT IT SAYS THE RUTHORITY AGREES IT SHALL NOT UNDERTAKE ANY ACTION WHICH WOULD IMPAIR OUSE FROM THE COLLECTION OF THEIR MONEY, MR. ARONOVITZ, ES, ROUSE OAS A RIGHT TO BE ,AID IF THEY PERFORM, THATS JUST WHAT 1 SAID,MR. KOTHSTEIN, THE §AME AS YOU DO IF YOU PERFORM, AND I DO, IF I P RFORM BUT, WHAT 1 AM SAYING TO YOU IS AND WHAT 1 AM SAYING TO THIS LOMMISS:O?4 IS TIAT NOTHING IN THAT LANGUAGE RSTABLISHES A LIEN OVER THE LAND OF THE 1NTERAMA AUTHORITY AND THAT OUSE IF IT PERFORMS MUST NECESSARILY IN ITS OWN PROJECTION HAVE SET UP A PROGRAM THAT IS SUFFICIENT TO ALLOW AND PROVIDE FOR THE PAYMENT TO THE ROUSE UOMPANY. MR. ROTHSTEIN: MR. ARONOVITZ, WITHOUT BELABORING THE POINT AGAIN, I WANT YOU TO UNDERSTAND WE WENT THROUGH TWO YEARS OF HEAVY LITIGATION TO GET TO THE POINT WHERE WE WOULD HAVE THE LEGISLATURE AND ALL PARTIES AGREE THAT THE LAND IN NO CIRCUMSTANCES COULD BE SOLD FOR PRIVATE USE AND THEREFORE, MY POINT IS, NOT BEING SO THAT THE LAND IS SUBJECT TO A LIEN BUT THE PROBLEM OF CONTROL OVER THE LAND AND CONTROL OVER THE PROJECT, THATS ALL 1 AM SAYING, MAYOR KENNEDY: LET ME ASK YOU THIS AL, GIVE US HOW THE PRIORITY OF LIENS WOULD BE IF WE SUBROGATE. MR. ARONOVITZ: WELL ACTUALLY THERE IS A PROGRAM FOR THE DEVELOPMENT TOT WILL LEAD TO, IF IT IS ULTIMATELY IMPLEMENTED, WILL LEAD TO 1/8 MILLION DOLLARS WORTH OF LIENS OVER THE PROPERTY, MAYOR KENNEDY: THAT WILL BE IN THE FORM OF REVENUE BONDS. MR. ARONOVITZ: YES, THAT WILL BE IN THE FORM OF REVENUE BONDS. MAYOR KENNEDY: SO, THAT WOULD HAVE NUMBER ONE PREFERENCE, MR. ARONOVITZ: THAT WILL HAVE PREFERENCE, YES, THAT WILL HAVE PRIORITY. MAYOR KENNEDY: THAT WILL HAVE PRIORITY OVER ROUSE, ROUSE'S PAYMENTS? MR. ARONOVITZ: YES, THAT WILL HAVE PRIORITY OVER ROUSE'S PAYMENTS, MAYOR KENNEDY: AND THEN, WHAT WOULD HAVE NEXT PRIORITY? MR. ARONOVITZ: WELL, BEFORE ROUSE CAN BE PAID, YOU MUST REMEMBER THAT WHAT WE ARE ASKING 1 TO DO UNDER THIS RESOLUTION REQUIRES THE RELEASE ONLY CONDITIONED UPON TWO THINGS EITHER OBTAIN SO MUCH REVENUE OR ALLOW YOU TQ PASS A CONTINUING LIEN OVER SO MUCH OF THE PROPERTY THAT TOTALS 170 TIMES THE PERCENT OF THE AMOUNT OF THE XISTING LIEN. JO THAT ROUSE WILL NEVER HAVE PRIORITY OVER THE LITY OF MIAMI, MAYOR KENNEDY: WELL, NOT OVER THE CITY'S PORTION OF THE ONE AND A HALF TIMES THE VALUE OWED TO US BUT WE ARE TALKING ABOUT, NOW MR. KOTHSTEIN BRINGS UP A VALID POINT. WHAT HAPPENS TO THE REST OF THE LAND THAT WE ARE GIVING RELEASES ON . WE UNDERSTAND THE COMPLICATED FINANCING PROCEDURES THAT THEY ARE GOING TO TRY TO PLEDGE THAT LAND. HE HAS GIVEN US AN OPINION THAT HE CONSIDERS THAT TOTALLY ILLEGAL AND THAT THEY CANNOT PLEDGE THAT LAND FOR REVENUE BONDS, AGAINST THE PART - MR. ARONOVITZ: OF COURSE, THAT OPINION WILL BE.ABSOLVED ONCE THE COURT VALIDATES THE BONDS OR IF THE COURT DOESN'T VALIDATE THE BONDS, HIS OPINION WILL BE UPHELD BUT NATURALLY IT IS ALL CONDITIONED UPON AN APPROPRIATE COURTS VALIDATION OF THE BONDS. 14 MAY 19, 1972 • • MAYOR KENNEDY: YES, BUT THE POINT HE IS MAKING, IS SUPPOSE THAT IT IS A FAILURE, WE ARE ALL HOPING THAT IT ISN'T BUT OF COURSE, WE ARE OBLIGATED TO THINK OF THE WORSTA IS IT A POSSIBILITY THAT IN LIEU OF PAYMENTS OWED TO THE ROUSE LOMPANY, THAT ANY PORTION OF THAT LAND WHICH IS NOW PUBLICALLY CONTROLLED COULD BE SOLD OFF TO PRIVATE DEVELOPERS TO PAY OFF INDEBTEDNESS. MR. ARNONVITZ: NONE WHATSOEVER, MAYOR KENNEDY: NONE WHATSOEVER, AND YOU CAN UNEQUIVOcABLY SAY THAT? R. bIBLEY1 MAYBEITS UNFAIR TO ASK YOU THIS BECAUSE I KNOW XxOU WERE rT LISTENING. I WAS JUST WONDERING IF YOU AGREED WITH THAT-( THINK THE PROPOSITION THAT MR. ROTHSTEIN RAISED AND WHICH MR. OOOVITZ DISAGREES WITH AND WHAT WE ARE CONCERNED WITH AND I THINK ITS REALLY THE ISWHATHAPPENSIFTHE AINTERAMA �CONCERNED yDHTHIS. R JECTDOESNTWORKOUT? WE UNDERSTAND THAT THE REVENUE BOND HOLDERS WOULD HAVE FIRST PREFERENCE ON THE LAND, WOULD IT EVER BE POSSIBLE - MR. ROTHSTEIN: No SIR, MR, MAYOR-, THATS THE POINT I MADE. UNDER NO CIRCUMSTANCES UNDER THE STATE STATUTE, AS I READ THE STATE STATUTE CAN THE REVENUE BOND HOLDERS HAVE ANY RIGHTS TO THE LAND. IHEREF9RE, HAVE SAID, THERE IS NO POINT TO WAIVING THE LIEN BECAUSE IT CAN T BE USED FOR THE BONDS ANYWAY AND I ALSO SAID, YOU CAN SUBORDINACE BUT THE PROBLEM IS ON THE INCOME SITUATION, THATS MY QUESTION. IS THERE A POSSIBILITY THAT ON ANY INCOME THERE WILL BE A SITUATION, WHERE OTHER PEOPLEA SUCH ASROUSE) SUCH AS OPERATIONAL, WILL BE AHEAD OF THE LITY OF MIAMI, THATS THE REAL QUESTION. MR, SI LEY: I AM NOT PREPARED TO ANSWER THE QUESTION BUT T SEEMS TO ME MR, MAYOR, THAT UNDER THE PROPOSAL MADE BY THE CITY MANAGER, THAT THE CITY TAKE SPECIFIED LAND, NOT NECESSARILY NEEDED FOR DEVELOPMENT AT THE PRESENT TIME, AND TO HOLD THAT UNTIL IT IS NEEDED AND THEN TAKE THE H MILLION 7 WHEN THEY COME TO GET IT FOR DEVELOPMENT. IT SEEMS TO ME THAT IT IS A FAIR PROPOSAL THAT HAS BEEN MAPE AND IT ELIMINATES ANY QUESTION ABOUT REVENUES OR ANYTHING ELSE. IHAT PUTS THE CITY IN A SITUATION WHERE IT OWNS ITS LAND AND WH N ITS NEERED AS IT SURELY WI L BE,NEEDED, THEY COME AID THEY PAY THE 8 5 MILLION AT THAT TIME. I DON'T KNOW WHY THAT CAN T BE WORKED OUT AND WHY INTERAMA CAN'T DESIGNATE PROPERTY FOR THE PROPER APPRAISAL SHOWING THAT IT HAS ONE AND A HALF TIMES THE VALUE AND MR. MAYOR, YOU ARE ON THAT AUTHORITY YOU CAN CERTAINLY DETERMINE THAT YOU ARE GOING TO GIVE TO YOUR OWN CITY, A SUFFICIENT AMOUNT OF PROPERTY NOT NEEDED FOR DEVELOPMENT NOW, WHICH WOULD SECURE THE CITY. IN MY JUDGMENT, THAT IS THE APPROPRIATE WAY, I CAN T SPEAK FOR ANYBODY ELSE, BUT 1 CAN SPEAK FOR MYSELF. MRS. MR. MAYOR, I HAVE A COUPLE OF QUESTIONS BECAUSE OF THE THINGS GORDON;I HAVE HEARD HERE THIS MORNING. 1 JUST WANT TO SUMMARIZE WHAT I HAVE HEARD TO SEE IF I HAVE GOTTEN EVERYTHING STRAIGHT. As UNDERSTAND IT, WE ARE BEING ASKED TO SUBORDINATE THE LANDS THAT ARE GOING TO BE CONSIDERED FOR DEVELOPMENT AT THE PRESENT TIME, ARE WE ALSO BEING ASKED TO RELEASE IT, COMPLETELY FROM THE LIEN, MR. ROTHSTEIN, IS IT SUBORDINATION OF THE LAND THAT IS SCHEDULED FOR DEVELOPMENT OR RELEASE OF THE LAND? MR. ROTHSTEIN: As I GATHER THE INTENT OF THE PROPOSAL, WHICH IS THAT VALUE OF ONE AND A HALF TIMES THE EIGHT MILLION IN LAND DEED, LESS THE SECURITY THAT THEY ARE ASKING FOR THE RELEASE OF THE LIEN ON ALL OTHER PROPERTIES AT INTERAMA. MR. REESE'S SUGGESTIOtN AS AN ALTERNATIVE TO THAT IS THAT CERTAIN LANDS BE pEEDED TO THE CITY AND THAT OTHER LANDS HAVE THE RELEASc PROVIDED. IHE REAL PROBLEM HERE IS NOT THE SUCCESS OF INTERAMA, I DO FEEL STRONGLY THAT INTERAMA IS SOMETHING WE NEED, IF ITS SUCCESSFUL, THERE WILL BE NO PROBLEM BECAUSE OUR EIGHT AND A HALF MILLION WILL BE PAID, WE WILL HAVE NO MORE LIEN ANfl NO MORE INTEREST OTHER THAN OUR REPRESENTATIVES ON THE BOARD. HE PROBLEM IS WHAT HAPPENS, IF THE SAME THING AS PREVIOUSLY AND IF IT DOESN'T GET OFF THE GROUND AND THAT IS REALLY WHAT AS THE MAYOR SAID, WE HAVE TO BE CONCERNED WITH, TRs. GORDON: ALLRIGHT, I HAVEN'T FINISHED IN SUMMARIZING AGAIN. F WE TOOK THE APPROACH THAT HAS BEEN SUGGESTED BY MR, KEESE, IT IS THAT THE CITY SHALL TAKE TITLE TO A PORTION OF LAND EQUAL TO THE AMOUNT OF ThIS LIEN, BUT IN THAT CASE- 15 MAY 19, 1972 R. ROTHSTEIN: I DON'T THINK THE MANAGER SAID THAT MAAM. RS, GORDON: WE L THATS WHAT I- R. ROTHSTEIN: I THINK HE SAID QUIT CLAIM DEED TO CERTAIN PARCELS NOT BASED ON PRESENT VALUATION,SO WHAT THE MANAGER IS SAYING IS, THAT PRESENTLY IF THINGS GO BAD, THE CITY HAS A RIGHT TO THE RECONVEYANCE OF THE ENTIRE PARCEL UNDER THE STATE STATUTES, UNDER THE STATE STATUTES, NO ONE CAN SELL OFF THE LAND UNDER THE STATE STATUTES, THEY CAN ONLY BE REVENUE BONDS SO THE PEOPLE WHO ARE BUYING REVENUE BONDS WILL RELY SOLELY UNflER THE STATUTES, ON THE PROJECT ITSELF. J0 THEREFORE, WHAT THMANAGER IS SAYING IS RIGHT NOW IN ORDER TO ACCOMODATE DESIRES OF INTERAMA, THAT THEY FEEL THAT THEY MUST HAVE LAND FREE AND CLEAR, DESPITE WHAT SAYS, HE SAYS LETS HAVE CERTAIN LAND PARCELS BE DEEDED NOW. MRS. GORDON: DEEDED DID YOU SAY? MR. ROTHSTEIN: WELL' QUIT CLAIM DEEDED NO AND THEN IF SOMETHING HAPPENS AND THEY CAN T PAY OFF THE AND 1/2 M LLION DOLLARS, THEN THERE IS NO QUESTION OF RECONVEYANCE OR NOT. IHE UN-LIENED LAND, THE LAND WE HAVE RELEASED FROM THE LIEN WILL BE DONE WITH WHATEVER HAPPENS IN THAT CIRCUMSTANCE. HERE WILL BE A LOT OF LITIGATION IF IT GOES BAD. UT THE ITY WONT HAVE TO BE INVOLVED IN THAT LITIGATION BECAUSE THE CITY WILL OWN CERTAIN AREAS AND THE MANAGER DOES NOT RELATE IT TO PRESENT APPRAISAL VALUE. MRS. GORDON: MR. ROTHSTEIN, YOU JUST SAID, THE CITY WILL OWN, OK, THAT$ WHAT I SAID, THE CITY WILL OWN AND THE CITY WILL HAVE TITLE, ARE YOU SAYING THAT, OR AREN'T YOU SAYING THAT. MR, ROTHSTEIN: WHAT I WAS SAYING IS THAT YOU TALKED ABOUT OWNED AS OF THE PRESENT APPRAISAL OF ONE AND A HALF TIMES, THAT IS NOT WHAT HE HAS SAID, HE SAID CERTAIN AREAS AND CERTAIN TRACTS BASED ON AN APPRAISAL AT THE ORIGINAL TIME IT WAS PURCHASED. MRS. GORDON: IN OTHER WORDS, WE WILL THEN ACQUIRE OWNERSHIP TO A PORTION. I AM NOT DETERMINING TH AMOUNT AT THIS MOMENT,,1 JUST WANT TO UNDERSTAND THE CONCEPT, HIS IS WHAT THE MANAG R S CONCEPT IS, ALLRIGHT. NOW, THE 1NTERAMA UTHORITIES OR RATHER MR. SIBLEY SAID THAT WE COULD OR HE COULD LIVE WITH THAT CONCEPT. MR. GISSENDANNER: I THINK THAT THERE HAS BEEN CONFUSION HERE, WE ARE TALKING ABOUT A DOCUMENT, LETS GO BACK TO THE DOCUMENT TQ CLEARLY SHOW WHAT WE ARE ASKING,YOU TO DO UNDER THIS DOCUMENT. MR. SIBLEY HAS PROPOSED IF YOU DON T WANT TO DO THIS THEN WE WILL GIVE YOU FIRST LIEN ON A SUFFICIENT AMOUNT OF LAND AND HAVE YOU RELEASE ALL LIENS ON ALL THE REST OF THE LAND, WELL, LET ME SHOW YOU WHAT WE ARE ASKING YOU TO DO UNDER THIS DOCUMENT. IF YOU WILL TURN TO ITEM 3, WHERE IT SAXYS CONTINGENT UPON VALIDATION OF PRIVATE FINANCING, NOW THATS THE 11 MILLION DOLLARS THAT THE COUNTY PROPOSES TO BACK UP. MIAMI WILL AGREE TO AIM WST�� TC 1. S LIEN WE��WJL AGREE TO GIVE MIAMI ITS MONEY BACK UNDER , AND . A A MILLION DOLLARS OUT OF THE SURPLUS OPERATING OF THE GARDEN OF THE SUN TOWER OR THE z FIR YEA AND THEREAFTER WE WILL AMORTIZE THE / AND,II21 MAkLION QT SOU,OUO EVERY SIX MONTHS PLUS INTEREST FOR A PERIOD OF LU YEARS, IN ADDITION TO THAT WE GIVE YOU A FIRST LIEN ON ALL THE PARKING IW O. NTHE GARDEN OF THE NOW, INORDERTOGETTHISNWHICH TCHIEFHE 12MILLIONFROMTHE COUNTY, WHAT XOU HAVE TO DO IS TO AGREE THAT IF WE HAVE A FAILURE THAT THE (AUNTY CAN RECOVER ITS MONEY BY GETTING THAT MUCH LAND AND YOU WOULD HAVE GIVEN UP,A LIEN ON THAT. NOW THATS WHAT WE ARE ASKING YOU TO DO. YOU DOLT EVEN HAVE TO DO THAT UNTIL WE HAVE SUCCESSFULLY VALIDATE AND SELL I2 MILLION DOLLARS WORTH OF BONDS. YOU HAVE TO AGREE TO IT IF WE DO AND THE OTHER THING WE ARE AKING YOU TO DO HERE IS THAT IF WE ARE SUCCESSFUL IN GETTING THE IL MILLION, THEN YOU WILL BE ASKED TO FURTHER SUBORDINATE YOUR LIEN TO A 78 MILLION DOLLARS IN FINANCING. HATS THE BIG PRIVATE FINANING WHICH INCLUDES,IL MIL ION OLLARS TO BUILD THE CENTER. HEN WE GO BACK zQ ITEM 5. IN ITEM b WE ARE ASKING YOU THAT IF WE SELL OR GET A 1L MILLION DOLLAR FEDERAL COMMITMENT MONEY, THE LOAN, THAT THE TEDERAL GOVERNMENT MAY REQUIRE A LIEN ON THAT LAND FOR L2 MILLION, HEY DID IN THE PREVIOUS AGREEMENT. IF THEY DO, WE ARE ASKING YOU TO GIVE UP THE LIEN ON THAT TO THE FEDERAL GOVERNMENT, 16 MAY 19, 1972 • • IN 7, WE ARE ASKING YOU TO GIVE UP IMMEDIATEL`03 WHENEVER ITS PPROPRIATE) THE LIEN ON THAT LAND THAT GOES TO 1-LORIDA INTERNATIONAL UNIVERSITY AND THE LAW SAYS THEY DON'T GET THAT LAND UNLESS THE LEGISLATURE APPROPRIATES MONEY FOR IT SO IN EFFECT YOU ARE NOT BEING ASKED TO GIVE UP ANY LIEN NOW AI THAT TIME. JECOND TO GIxE UP THAT LIEN AND TRANSFER IT TO !JADE LOUNTY WHICH IS THE OLETA KIVER ARK. DADE COUNTY HAS NOT ASKED FOR THEIR JITLE YET SO THEY ARE NOT PRESSING FOR RELEASE OF THAT YET AND C TO GIVE UP THE LIEN N THE LAND THAT THE IITY OF NORTH MIAMI GOT FOR PUTTING UP THEIR 7116��MILLION, YES NORTH MIAMI WOULD LIKE THAT RELEASED TODAY. ANY PARCEL ACQUIRED BY DADE LOUNTY FOR SEWER SITE, YOU HAVE ALREADY DONE THAT. ASSUMING THAT ALL OF THIS TAKES PLACE, WHEN WE GET READY TO DEVELOP THAT WHICH IS IN WHITE, WE ARE THEN ASKING YOU TO GIVE UP THE LIEN ON THAT EXCEPT IN LIEU THEREOF, AT LEAST 1.L MIL ION DOLLARS IN THE BANK AS SECURIT AND 15O7 OF LAND, FIRST LIEN, 1 OX OF ANY BALANCE OF YOUR LIEN. THEN WE ARE ASKING YOU ON NUMBER WHICH I THE LAST THING WE ARE ASKING YOUTO DO, WE ARE NOW INVOLVED IN THE lOWER CONTRACT. IHE TOWER CONTRACT PROVIDES THAT THE BUILDERS OF THE TOWER WOULD ADVANCE TO THE AUTHORITY LMILLION DOLLARS WHICH THEY WANT TO GET BACK. WE WANT YOU TO SUBORDINATE YOUR CLAIM ON THE LIEN TO THAT 2 MILLION QOLLARS AND TO THE MANAGEMENT CONTRACT THAT WE HAVE ON THE TOWER. F THERE ISAA DEFAULT, YOU GET TO TAKE THE TOWER OVER UNDER THIS P QVISION. AM RIGHT MR. ? WE ARE DEALING WITH A 176 MILLION DOLLAR PROJECT FOLKS, ITS NOT SOMETHING SO SIMPLE YOU CAN TOSS OFF, SO ALL WE HAVE ASKED YOU TO DO. WE HAVE NOT ASKED YOU TO GIVE UP YOUR LIENS NOW ON BUT VERY FEW PARCELS OF LAND BUT AS WE PROGRESS, AS YOU GO DOWN THE LINE, VE IF YOU)DONyTAGREE WANT TOWDOOTHAT,WEIWILLYPUTCQQ1RAND/L DG1 THIS PLAN. TIMES THE THE AMOUNT OF LAND YOU WANT AND GIVE YOU FIRST LIEN ON IT AND WON'T TOUCH IT WITHOUT YOUR APPROVAL, CHATS THE ALTERNATIVE. MR. REESE: MR. MAYOR1 AND MEMBERS QF THE COMMISSION, AND IN ANSWERING MRS. CORDON S QUESTION. IHE PROPOSAL THAT I MADE SIMPLIFIES THIS A GREAT DEAL. BECAUSE THEN YOU ARE NOT WORRIED ABOUT WHAT LIEN POSITION THAT YOU ARE GOING TO BE PUT IN BECAUSE UNDOUBTEDLY ON THE MULTIPLE METHODS OF FINANCING AND ESPECIALLY WITH THE FEDERAL GOVERN- MENT, YOU ARE GQING TO BE IN A CONSTANT MOVEMENT TO A LOWER POSITION ON YOUR LIEN. 1 THINK IN ALL FAIRNESS THAT IF A PIECE OELAND WAS .MMIGNATED, TO SATISFY THE LIEN POSITION OF THE CITY OF MIAMI AS OF 1, THAT VALUE, THEN ALL THESE MEETINGS AND FI�TURE MEETINGS WILL BE SET ASIDE BUT I WANT TO BRING THE COMMISSION S ATTENTION THAT NOT TO BE MISLED BY A MILLION DOLLAR SURPLUS THE FIRST YEAR BECAUSE I THINK IN ALL FAIRNESS, TO ANYBODY'S OPERATION AND I DON'T CARE WHAT ITS GOING TO BE LIKE, ITS NOT GOING TO PRODUCE A MILLION DOLLARS SURPLUS. tVERY DOLLAR THAT THEY ARE PRODUCING WILL HAVE TO GO BACK INTO THAT PROJECT. MR. FRATES: MR. MAYOR, IT SEEMS THAT WCAN RESOLVE THIS THING HERE, WE ARE GETTING PRETTY CLOSE TOGETHER. ITS EXTREMELY IMPORTANT FOR THE FUTURE OF THIS CONCEPT THAT WE HAVE SOME AFFIRMATIVE ACTION FROM THIS COMMISSION TODAY. NOW IN OUR IN ORMAL DISCUSSIONS BACK HERE, I THINK UNDER THE MODIFICATIONS OF THE CITY MANAGER S PLAN, IF WE QUIT CLAIM A PORTION OF THE LAND THAT WOULD BE SUBJECT TO NEGOTIATION BETWEEN THE CITY AND THE AUTHORITY AND THE KOUSE WHICH WOULD GIVE YOU ONE AND A HALF TIMES SECURITY, THAT WOULD BE SATISFACTORY, WE COULD WORK IN THAT FRAMEWORK. CONCEIVABLY IT COULD BE THE AREAS THAT HE hAS DESIGNATED ALTHOUGHI THINK THERE IS SOME CONCERN ABOUT THAT. WPAYMENTTHE OFNTHESAz1SAANDN1/LzzHMILLIONAT IT EDOLLARS, NOW WERELEASED IF RWOULDOR ILIKEOTHELE BY THE COMMISSION TO AFFIRMATIVELY VOTE ON THAT IN PRINCIPLE BECAUSE AS YOU ALL KNOW, I WOULD LIKE TO REAFFIRM THIS. ALREADY IN TALLAHASSEE, WE ARE GETTING FEEDBACK, IS DADE COUNTY UP TO ITS OLD TRICKS IN NOT BEING ABLE TO GET TOGETHER (N A PROJECT? ITS ABSOLUTELY ESSENTIAL THAT THIS COMMUNITY HAVE TAIS PROJECT. TIME IS REALLY A FACTOR AND IF WE DON'T CLEAR THIS THING UP, SOON, I MEAN WITHIN A WEEK OR TWO, h}E HAVE A GOOD POSSIBILITY OF SEEING THE WHOLE THING GO DOWN THE DRAIN. 1HAT WOULD BE A GREAT TRAGEDY TO THIS COMMUNITY. 17 MAY 19, 1972 • MAYOR KENNEDY: I THINK THAT IS AN EXCELLENT COMPROMISE, IN OTHER WORDS BE WILLING TO GIVE QUIT CLAIM DEEDS WITH RELEASE CLAUSES AS PAYMENT IS MADE, 1 THINK THAT IS THE BEST OF BOTH WORLDS. MR, REESE: MR, MAYOR, THINK THOUGH THAT THERE IS ONE THING THAT HAS TO BE UNDERS OOD. HAT ON ANY NEGOTIATION, I WOULD LIKE TO SUGGEST TO THIS COMMISSION THAT THEY ADOPT THE PQLIcX THAT THE VALUE OF THE LAND HAS ALREADY BEEN DETERMINED BY THIS di1/Z MILLION DOLLAR FIGURE AS FAR AS THE CITY IS CONCERNED BECAUSE,AT THE PRESENT TIME THAT LAND IS WORTH A MOST ANYTHING THAT ANYONE'S IMAGINATION WANTS TO L D THEM I AND I THINK t1 FAIRNESS WE HAVE TURNED OVER A TITLE AN„ DU OF 17UU ACRES AT 1/L MILLION AND WE RE TALKING ABOUT 1 id MILLION DOLLAR LAND TODAY, MRS. GORDON: ONE MORE QUESTION MR. REESE. WITH REGARD TO THE APPROACH THAT YOU SUGGESTED AND SINCE IN THE PROPOSAL THAT HAS BEEN MADE TO US THERE WAS A METHOD FOR PAYYMENT, IN YOUR SUGGESTION, WHAT IS YOUR IDEA OF EAYMENT OF THAT S 1/L MILLION DOLLARS, WAS THIS DEFERRED PAYMENT. MR, REESE: A DEFERRED PAYMENT THAT THEY WOULD GET THE LAND RELEASED AS THEY MADE THE PAYMENT PROVIDING ITS USED FOR 1NTERAMA PURPOSES OR THE THIRD CENTURY, MRS. GORDON: WOULD THERE BE A SCALE SET UP FOR SO MUCH FOR PAYMENTS AND A TIME FOR THE FIRST RELEASE OR NOT. MR, REESE: MY ONLY TIME SCHEDULE WAS THAT DEVELOPMENT WOULD DICTATE THE TIME, MRS. GORDON: WELL MAY I MAKE ANOTHER SUGGESTION THEN? I WOULD LIKE TO SEE INCORPORATED AND THAT IS THAT IF THERE IS NO TIME PERIOD FOR THE FIRST RELEASE, THAT AT LEAST THAT PORTION THAT WOULD HAVE BEEN PAID TO THE CITY BY THE WAY OF INTEREV BE ADDED IN IN SOME WAY TO THE UNPAID BALANCE SO THE CITY WOULDN T HAVE TO FOREGO THAT BENEFIT SO THEY WOULD RECEIVE SOME INTEREST PAYMENT UNTO THEIR PROPOSAL. MR. REESE: WELL, UNDER THEIR PROPOSAL, DON'T FORGET THEY ARE ANTICIPATING A MILLION DOLLARS OUT OF SURPLUSvPERATION AND IF INTERAMA IS GOING TO SUCCEED, I AM NOT GOING TO TELL THEM HOW TO RUN IT BUT I KNOW THAT EVERY SURPLUS PENNY IS GOING TO HAVE TO GO BACK IN THERE FOR DEVELOPMENT. MR. FRATES: I THINK THERE IS ONE POINT THAT WE OUGHT TO STRAIGHTEN HERE, BECAUSE I THINK ITS THE ONLY PART WE HAVE A pIFFEREICE ON NOW AND THAT IS CURRENT VALUE VERSUS THE BACK VALUE. AGAIN, 1 DON T UNDERSTAND THE CONCEPT, IF THE CITY WANTS SECURITY, IF WE HAVE FAITH IN THIS COMMUNITY AND WE WANT SOMETHING TO HELP THIS COMMUNITY, CURRENT VALUE WOULD BE ACCEPTABLE TO ANY PRIVATE ENTERPRISE, NOW TO QO BACK, AGAIN, IS A (NEGATIVE APPROACH ON THIS WHICH WORRIES ME AND 1 AM WORRIED BECAUSE 1 FORSEE JUST AS PHILADELPHIA FELL BY THE WAYSIDE AND JUST AS BOSTON FELL BY THE WAYSIDE, WE CONCEIVABLY CAN BE THE ONLY CITY IN Tt3E UN;TED STATES THATS GOING TO HAVE A BI-CENTENNIAL CELEBRATION. 1 DON T NEED TO TAKE YOyR TIME TO TELL YOU WHAT THAT WOULD MEAN TO THIS COMMUNITY. WE DON T WANT OR NONE OF US ANT OR WOULD WE ASK YOU TO JEOPARDIZE THE POSITION OF THE CITY OF MIAMI. CURRENT VALUE OUGHT TO BE WHAT WE ARE DEALING WITH. MAYOR KENNEDY: I AM GOING TO MAKE A MOTION ON CURRENT VALUE. I AGREE WITH YOU. WHAT ELSE DO WE WANT TO PUT IN THERE AT THE PRESENT TIME BECAUSE 1 WOULD LIKE TO MAKE THIS MOTION. MRS. GORDON: BEFORE4 YOU DO MR. MAYOR AND I AM IN ACCORD WITH WHAT YOU ARE GOING TO DO 1 THINK, EXCEPT THAT WHEN THE PROPERTY IS RELEASED ITS VALUE WILL THEN BE MORE THAN IT IS TODAY BECAUSE OF CURRENT INFLATION AS IT GOES ALONG, MAY WE THEN ANTICIPATE IF WE TAKE IT ON THE BASIS OF CURRENT VALUE, THAT WHEN WE RELEASE IT, THAT IT BE RELEASED ON THE BASIS OF ITS THEN CURRENT VALUE. MAYOR KENNEDY: THATS FINE, BUT WE STILL GET 8 1/2 MILLION DOLLARS, MRS. GORDON: No, WE WOULD BE RECEIVING MORE MR. MAYOR, BECAUSE VALUES WILL HAVE INCREASED. 18 MAY 19, 1972 MAYOR KENNEDY: No, WE -HAVE, WE CONVEYED THIS FOR 8 1/2 MILLION DOLLARS PLUS INTEREST AND THATS ALL WE ARE ENTITLED TO, MRS, GORDON: BUT DID WE WAIVE THE INTEREST? MR. ROTHSTEIN: No SIR, WE DON'T HAVE ANY INTEREST PROVISION BECAUSE OF THE RIGHT OF RECONVEYANCE IN THERE WHICH YOU ARE ABOUT 10 AIVE, SO WE DON T HAVE ANY PROVISION FOR INTEREST, SO ITS STILL ttSS 1/2 MILLION SIR. MAYOR KENNEDY: ALL RIGHT, 8 1/2 MILLION. MR. ROTHSTEIN: THATS WHAT MRS, GORDON WAS SAYING BECAUSE SHE FEELS THAT IN THE PROe0SAL, THE INTEREST PROVISION THAT THEY PROPOSE SHOULD BE INCLUDED IF 1 UNDERSTOOD, MR. PLUMMER: SHE WAS TALKING ABOUT PROPERTY VALUES, NOT THE- MRS. GORDON: EITHER OR - MR, PLUMMER: No, No, AS THE MAYO HAS SAID MRS, GORDON, OUR LIEN WILL NOT INCREASE NOR DECREASE. THEY ARE WILLING TO PAY US INTEREST BUT IT IN NO WAY, IF THE PROPERTY ENHANC S IN VALUE, WILL THE CITY LIEN BE ANY DIFFERENT, IT WILL STILL BE 5 1/2 MILLION PLUS THE INTEREST WHICH THEY ARE WILLING TO PAY. MR. FRATES: I WOULD LIKE TO MAKE A PROPBSAL MR. MAYOR AND IOMMISSIONERS ON THIS. 1 THINK WE HAVE SETTLED ON SOME PRINCIPLES ON THIS AND THAT IS THAT LAND THAT AS WORTH 1L PLUS MILLION DOLLARS WILL BE TRANSFERRED TO THE CITY OF MIAMI WITH APPROPRIATE PROVI IONS FOR RELEASE BACK TO THE AUTHORITY UPON PAYMENT OF THE DEBT AND I WOULD PROPOSE THAT THE AUTHQR TY AND MIAMI AGREE TO A DEBT SERVICE SCHEDULE UNDER WHICH THE tS 1/L MILLION DOLLARS WOULD BE PAID OUT OVER A NUMBER OF YEARS OUT OF THE OPERATIONAL INCOME FROM THE PROJECT WITH INTEREST AND THAT AS THE PRINCIPLE IS PAID, PRORATA PORTIONS OF THE LAND BE RELEASED BACK TO THE AUTHORITY CORRFSEONDING TO THE PRORATA AMOUNT QF THE PRINCIPLE TO THE TOTAL 11 MILLION DOLLAR OBLIQATION AND I WOULD SUGGEST THAT AS A DEBT SERVICE SCHEDULE, OF ZU YEARS COMMENCIN FRAM THE DATE OF OPERATION BE ADOPTED FOR THE P AYMENT OF THAT S 1/L MILLION DOLLARS PLUS INTEREST. MRS. GORDON: WHICH IS EXACTLY WHAT I WAS TRYING TO CONVEY AS MY THOUGHTS BUT WHAT YOU SAID IS THAT WE WOULD NOW BE DEEDED SO TO SPEAK, 12 1/2 MILIIQN AND I HAD THOUGHT THAT WE WERE TALKING ABOUT CURRENT VALUE OF tS 1/2, SO WHAT YOU ARE SAYING CHANGES MY POSITION ON TyIS INCREASE IN VALUE BECAUSE YOU ARE GIVING IT TO US IN ADVANCE AND 1 APPRECIATE THAT, MR. FRATES: You WOULD HAVE AT THE OUTSET, LAND WORTH 150% OF THE AMOUNT OF THE DEBT, AND AS THE DEBT IS PAID OFF AND THE LAND INCREASES IN VALUE, THE SECURITY IS MUCH GREATER. MAYOR KENNEDY: WHAT WE ARE GOING TO DO IS PASS IN PRINCIPLE, THIS TIME, AND THAT PROVISION ABOUT DEBT SERVICE PLUS INTEREST CAN BE WORKED OUT AND BROUGHT BACK LATER, THATS NOT- BUT LETS COME UP WITH A DEFINITE THING RIGHT NOW, WHAT WE ARE GOING TO DO IS PASS RIGHT NOW WITH THE PROVISIONS ON THE QUIT CLAIM DEED, WITH RELEASE CLAUSES, WITH DEBT SERVICE SCHEDULE PLUS INTEREST AND BASED ON THE CURRENT VALUE OF THE LAND AND THEN THE SPECIFICS OF THIS WILL BE WORKED OUT AND BROUGHT BACK BEFQRE THIS COMMISSION AFTER YOUR ATTORNEYS AND YOUR CITY ATTORNEY AND THE CTY MANAGER GET WITH YOU AND WE WILL ACT ON IT AT THE NEXT MEETING. HOPEFULLY YOU ALL WILL BE ABLE TO WORK THOSE THINGS OUT BUT WE WILL DO IT IN PRINCIPLE RIGHT NOW. IS THER� ANY OTHR PROVISION THAT WE WANT TO PUT IN THIS MOTION BEFORE MAKE IT. MR. FRATES: YES SIR, MR. MAYOR, T WOULD REQUEST ONE OTHER THING, TO PUT IN YOUR MOTION, THATS IT IS NOT THE INTENTION OF THE CITY TO DEVELOP THIS LAND WHILE THEY ARE HOLDING IT BUT THEY ARE HOLDING IT ONLY FOR SECURITY PURPOSES AND SECONDARILY THAT THE WORKING OUT OF THE SPECIFICS OF THIS CONVEYANCE OF LAND BE BROUGHT BACK TO THIS COMMISSION AT THEIR NEXT REGULAR MEETING FOR ACTION. 19 MAY 19, 1972 MR. ROTHSTEIN: MR. MAYOR, YOU SHOULD HAVE A zESTRICTION IN THERE DEALING WITH THE SIZE OF THE STADIUM ON THE PENISES SO AS TO PROTECT THE ORANGE BOWL WHICH WE HAVE OUTSTANDING BONDS ON, MAYOR KENNEDY: I DON'T BELIEVE THE ROUSE COMPANY HAS REALLY THOUGHT OF HAVING A STADIUM IN THAT AREA BUT THE CITY WANTS THAT PROTECTION AND YOU ALL AGREED TO THAT AND 1 WILL LET YOU WORD THAT AS THE SECOND PROVISION OF MY MOTION SO IF EVERYTHING IS CLEAR, MY MOTION WILL BE MADE AT THIS TIME: 1, THAT AS A MATTER OF PRINCIPLE, THIS COMMISSION GOES QN RECORD OF WORKING OUT AN AGREEMENT WITH THE 1NTERAMA AUTHORITY WHERE WE WILL RECEIVE QUITCLAIM DEED ON PROPERTY TO BE WORKED OUT WITHIN THE NEXT P RIOD BEFORE OUR NEXT MEETING FOR APPROXIMATELY 15 MILLION DOLLARS AND THAT THIS QUIT CLAIM DEED WOULDHAVE RE EASE CLAUSES CONTAINED IN IT WHERE THE INTERAMA AUTHORITY WOULD BE ABLE TO GET THE PORTION OF THE LAND THAT HAS BEEN PAID BACK FOR DEVELOPMENT PURPOSES AND THAT THERE WOULD BE A DEBT SERVICE SCHEDULE WITH INTEREST WORKED OUT BY OUR NEXT MEETING AND THAT THE VALUE OF THE LAND WOULD BE BASED ON THE CURRENT VALUE ON TOD YS MARK�jT AND THAT IT IS THE INTENTION OF THE LITY OF MIAMI NOT TO DEVELOP THIS LAND BUT TO MERELY HOLD IT FOR SECURITY PURPOSES AND 5 THAT THIS WILL BE DECIDED AT OUR NEXT MEETING, DEFINITELY WITH ALL THE SPECIFICS WORKED OUT AND THE /TH PROVISION IS THAT THERE BE NO TADIUM BUILT AT THE INTERAMA SITE SEATING OVER 2O,OuU, MRS, GORDON: THE MOTION HAS :BEEN MADE;, IS THERE A SECOND? REV. GIBSON: SECOND. MRS, GORDON: ITS BEEN SECONDED AY COMMISSIONER GIBSON, ANY FURTHER DISCUSSION ON THE MOTION. REV, GIBSON: I WANT TO MAKE SURE THAT THE PURLIC IS IN ACQORD WITH THIS AND UNDERSTANDS THIS, THESE PROVISIONS, IS THAT RIGHT. j WANT TO MAKE SURE THAT YOU UNDERSTAND AND AGREE WITH WHAT THE MAYOR HAS SAID. MR. FRATES: I AGREE WITH EVERYTHING THE MAYOR SAYS EXCEPT THAT BELIEVE IT WOULD BE AGREEABLE WITH THE COMMISSIONERS AND THE AYOR TO INCLUDE IN THERE A PROVISION THAT THE INTEREST WOULD ACCRUE TO THE LIEN BUT IT WOULD NOT HAVE TO BE ANY REQUIRED PAYMENTS TO BE MADE IN ANY CERTAIN PERIOD OF TIME. MAYOR KENNEDY: THAT WILL HAVE TO BE WORKED OUT. MR. FRATES: LETS BE SURE WE UNDERSTAND THAT THE WORKING OF THAT OUT COULD PROVIDE THAT THERE WOULD BE NO PAYMENTS OF ANY KIND FOR A PERIOD OF YEARS BUT THAT THE INTEREST WOULD ACCRUE TO THE LIE( TO INCREASE THE LIEN, SO LONG AS THAT PROVISION IS UNDERSTOOD, 1 THINK WE CAN LIVE WITH IT. MRS. GORDON: ANY FURTHER DISCUSSION? IF NOT, CALL THE ROLL PLEASE. MR. SQUTHERN: C Y I.LERK REV ND GIBSON, YES, MRS, GORDON, YES,MR, PLUMMER, Yt , MAYOR KENNEDY, Yt.b. MRS. GORDON: MAY I SAY THAT I AM DELIGHTED TO HAVE BEEN A PART OF THIS DECISION TODAY, Whereupon the motion made by Mayor Kennedy, seconded by Reverend Gibson was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy., was designated Resolution No. 72-170. f0 MAY 19, 1972 • 3, ORANGE BOWL RATES Mr. W. T. Ward, Attorney representing the University of Miami appeared concerning rates charged for the use of the Orange Bowl. Mr. Ward: Concerning Resolution 43244 of February 17, 1972 was in line with this same problem. The resolution authorized and directed the City Attorney to prepare an Ordinance for submission to the City Commission to reduce rental stadium charge from 15% to 10% for the University of Miami, Orange Bowl Classic, Shrine North -South Football Game and the Orange Blossom Classic provided the above named organizations be required to furnish crowd control and ticket personnel. That was discussed and Mr. Jack Rice Jr., then Assistant City Attorney said that this did not require an ordinance change, you can pass a resolution of intent at this time and we will have to prepare an ordinance to change the rates as set forth. Based on that, we had conferences with Mr. Reese and the City Personnel last year. There is no contract for any period of time that has been signed and we have attempted to negotiate it and due to the fiasco that took place here in the fall of the year with overflowing of professional games, we entered into an agreement for one year to cover the situation. The main problem is that after this resolution was passed, the University of Miami, the Orange Bowl, Dr. Floyd Schiff, fixed up their deficit budget and we worked on our budget which is going to be a deficit budget with increased costs and the university tickets are in the process of being ordered to get going. There is something wrong when the opinion was unanimous in the adoption of the resolution. I am asking that you reaffirm what you did in February. We need this protection. Mr. Plummer: We have received the memo from the City Attorney. Mr. Rothstein, I think this Commission was very clear in the intent that we do something in behalf of the Orange Bowl Committee and the University of Miami Football Team. My question then to you sir, is there an alternative that we can accomplish the same end results? We know the problems of the Uof M, They are one of the ones that made this stadium and deserve consideration during these times. You have told us that what we did in February is contrary to the leases or the charter, is there an alternative that we can do legally to help these people out of the bind they are in? Mr. Rothstein: I think administratively, Mr. Reese can advise you as to the areas of services or alternatives to give them relief on or provide for them. We can't give them money as such and I don't think you can violate your covenant, Mr. Bailey will be here to tell you the impact that would have on the bond houses. The points raised by counsel would have to be answered th Mr. Bailey and the adminis- tration. I don't know the dollar and cents factor. Mr. Reese: In order to answer some of Mr. Wards questions, at the time this bond issue was put out, we had then negotiated then to contract Miami Dolphins so the revenue from the Dolphin events that was anticipated was reflected as an income item at the stadium for this bond issue and in analyzing all the city accounts at the time of this bond issue, it was obvious that based on revenue, we could not float a bond to make the improvements in the orange bowl so it was suggested to the Commission, that we could use Florida Power f Light franchise money as a means of guaranteeing this anticipated bond issue, if revenue was not adequate, then the franchise money would be used to liquidate the bonds. Well since this bond issue has been in effect, Florida Franchise money has been used to meet the majority of the obligations of the bond. I still don't think there is anything wrong with the suggestion, I still don't think there was anything wrong with the way the money was borrowed. The franchise money is to be used for capital improvements and that is what it was used for in the orange bowl. When thie particular section 502 is brought to my attention, I then raised it with the City Attorney, wanting to know the action of the City Commission in reducing the rent, if that could be accomplished. 21 MAY 19, 1972 O.B. #3 Cont'd It stated, it will not reduce the rent or the lease. This is what brings this discussion before the Commission this morning. Mr. Ward refers to gross figures of income over there and is a capable attorney but he didn't say anything about expenditures or any expenditures the city has to make to keep it operating for each and every game. We have to pay police officr $30 and $35 for a commanding officer for working an event over there and a lot of other expenses that are too detailed to go into but the auditors will gladly make it available. If the City Commission is of the opinion that there should be another source or another way to approach this possibility, I can't do it right off the top of my head this morning. Mr. Plummer: I once again state Mr. Mayor, I think we were very clear in our intent to help these two fine publicity generating things for the City of Miami and I will make a motion Mr. Reese, that these gentlemen sit down with you to try to find another manner in which to come up with the same result. Mrs. Gordon: I feel the same, I would like to see us find a possible way that we can accomplish what we set out to do in the first place. Mayor Kennedy: I think thats the whole intention of the commission, we didn't realize we were going to run into this problem when it arose, so let us attempt to resolve it some other way and maybe by (the next meeting, Mr. Reese and Mr. Rothstein will find a way Mr. Ward. 4, SOLID WASTE MANAGEMENT STUDY Mr. Wegman and Mr. Tele:-ca representing the two joint ventures on this study for solid waste management study requested by the City appeared to make formal presentation of the results of this study. The formal report was presented to the Commission and is incorporated as a part of these minutes by separate folder. A slide presentation of statistics and information gathered was shown to the Commission along with final recommendations of the respective firms. A discussion concerning the pros and cons of curbside coll- ection and the use of plastic bags as a requirement was held and it was decided to defer these matters until after the complete presentation by the firms upon recommendation of the City Manager. Mr. Reese: I was endeavoring to follow a pattern of previous city commission's have expressed from time to time and that was that Metropolitan Dade County should be the disposal agent for solid waste material. This was approached in several different ways in previous years that have never been a success, its never gotten off the ground. Recognizing that we had this Solid Waste Study in a completed stage and Metropolitan Dade County is going to have their Solid Waste Study submitted to them in a matter of weeks, I felt it appropriate for me to discuss one particular aspect and that was the fundamental disposal problem. With Mr. Goode. He was of the opinion that he could see no possibility of approaching us any other way than the County being the disposal agent. The City would be the pick up person and processing it for the county for the disposal agent. I then asked to appear before the County Commission. We discussed this before the County Commission: with the idea of getting the County Commission on record to agree that they should be the disposal agent, just as a general policy that the county would assume that position. This resolution was passed, they expressed themselves that it would be their intent to conform to that policy. We did not cover as to the type of the actual disposal if its to be buried, burned or anything else, but I did make a state- ment there that I feel incineration is not compatible with 1972 anti pollution concepts. 22 MAY 19, 1972 SOLID WASTE Cont'd That incinefation is failing by the wayside fairly rapidly and that we have to recognize that there are other techniques that have to be used. Now, that was the sole purpose of meeting over there, that was the conclusion that was arrived at. Mr. Plummer: Then, I understand that you have a commitment of intent from the County that they will serve as the overall disposal with the City and the city would be merely that of collection. Mr. Reese: Collection and the procession of the actual disposal. The Commission was advised that the basic recommendations and summations appear on page SR-10 of the brochure furnished to the Commission. These are summations of the recommendations and primarily one recommendation was elimination of the back yard pick up based on expense and eliminated two collectors off the truck and reduces the accident rate. a 40% reduction in the cost of collection could be realized by the elimination of these two persons. Maintenance of crews was cited as the back yard method is dirty and people no longer want to do this type of work regar- dless of the salary paid. The elimination of back yard service by Dade County was cited in that it had overcome the personnel problems and now people wanted those jobs. It was advocated that the City also establish a waste fee rather than have this cost charged against general taxes to accomplish this service and relieve those monies for other purposes. Establishment of an oversize system for the bulky and oversize waste as is done by the County. Overage equipment in use by the city was cited and recommended the city go to a shorter vehicle life for higher resale values and reduce costs of maintenance of the vehicles. Final recommendations included the Shredder -Landfill method as being the most feasible to be installed on existing incinerator sites and the acquisition of land on the Tamiami Trail for deposit of such shredded materials, the acquisition of such land would insure adequate disposal facilities to the year 2000 for the cities of Miami and Miami Beach. After considerable further discussion, the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-171 A RESOLUTION ACCEPTING THE REPORT SUBMITTED THIS DATE BY LEONARD S. WEGMAN INC, AND GREENLEAF/TELESCA FOR THE CITY OF MIAMI SOLID WASTE MANAGEMENT STUDY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by REverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None The following resolution.Awas introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-172 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO DEVELOP PLANS FOR A SOLID WASTE DIS- POSAL PROGRAM ALONG THE LINES OF THE REPORT SUBMITTED THIS DATE BY LEONARD S. WEGMAN, INC AND GREENLEAF/TELESCA AND TO SUBMIT SAID PLAN TO THE COMMISSION ALONG WITH HIS RECOMMENDATIONS ON SAME 23 MAY 19, 1972 • • (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 5, OFF-STREET PARKING REGULATIONS - LANDSCAPIN3 An Ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 6871 (COMPREHENSIVE ZONING ORDINANCE) BY DELETING SECTION 2 of ARTICLE XXIII, IN ITS ENTIRETY, AND SUBSTITUTING A NEW SECTION 2 IN LIEU THEREOF, PERTAINING TO OFF-STREET PARKING REGULATIONS; BY ADDING A NEW SECTION 3, ENTITLED "LANDSCAPING" TO ARTICLE XXIII, RENUMBERING EXISTING SECTION 3 TO SECTION 4, AND DELETING AND/OR ADDING ITEMS AS HEREINAFTER SET FORTH: AMENDING SECTION 4 (2) AS HEREINAFTER SET FORTH; DELETING THE EXISTING SECTION 4, IN ITS ENTIRETY; DELETING THE EXISTING SECTION 5, IN ITS ENTIRETY, AND SUBSTITUTING A NEW SECTION 5 PERTAINING TO COMBINED OFF-STREET PARKING, AS HEREINAFTER SET FORTH; ADDING A NEW SECTION 9 TO ARTICLE XXIII, PERTAINING TO ILLEGAL OFF- STREET PARKING, AS HEREINAFTER SET FORTH; REPEALING ALL LAWS IN CONFLICT HEREWITH AND PROVIDING FOR A SEVERABILITY CLAUSE HEREIN was introduced by Mr. Plummer, seconded by Reverend Gibson, and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy NOES: None Mr. Eugene Davidson representing the Latin Builders Association appeared in connection with adoption of this resolution. Mr. Plummer stated that concessions had been made on both sides and that he desired to see the ordinance passed today as is and as proposed by the Zoning Board. After considerable discussion it was decided that this Ordinance be passed with the exception of that pertaining to the the 50 foot lots. The Planning Department is to come up with results of a study of the points of disagreements concerning the 50' lots and that this study be returned to the Commission in no more than six months. 24 I4AY 19, 1972 CONbITION�� .USEHRU -RiYi C d/ NIE��S �u�TS 5 THRU 10. NELSON VILLA AF'� AND LOTS T' THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GIBSON WHO MOVED ITS ADOPTION: RESOLUTION NO. 72-173 A RESOLUTION GRANTING A "CQNQ1TIONAL USE" AS iR(5)(B);NTORPERMITEDRIVE--I//NIITEL(R,TRCLEQN ABOVESTION ITE WIHILTOUBACAZTRICUNIT-R3,1IN l4, AND, LOTS N ACCORDANCE T IN ATI5DUABISCAFNEEBOULEVARD, NINBAAL-I LOCAL COMMER- CIAL DISTRICT) (ONRFILEE LINWTHES O�ITYFCLERKSUUFFICE)QMITTED HERE AND AND UPON BEING ��SjjECONDED BY MRS. RESOLUIION �IBSON, MRS.AbORDON ANDOPTED BY TMAYORE LKENNEDY,OWING NOES: tNONE 7. VARIANCE - PUMP HOUSE AND WADING POOL - LOT 42 SILVER BLUFF 1ST AMD THE FOLLOWING RESOLUTION WAS INTRODUCED BY MR. PLUMMER WHO MOVED ITS ADOPTION: • RESOLUTION NO. 72-174 668/1, ARTICLEGXXVI,NSECTIONILN(435RTO ORRMITNCONST- RUCTION OF PUMP HOU5A WADING POOL 55-FEET FROM BASE BUI DING LINE (51-b5 REQUIRED AS SPECIAL YARD DISTRICT) WITH A WALL NOT TO EXCEE 6 FEET IN HEIGHT ON THE BASE LDING LINE, ON L T LI2, SILVER BLUFF IST AMD V1-15S), LOCATED AT 1H55 SOUTH BAYSHORE DRIVE IN AN R-1 (ONE -FAMILY DISTRICT (HERE FOLLOWS BODY OF RESOLUTION, QMITTED HERE AND ON FILE IN THE CITY CLERKS OFFICE) UPON BEING SECONDED BY REVEREND GIBSONI THE RESOLUTION WAS GIBSON AND MAYOREASSED AND EKENNEDY. BY THE FQJSIAININ(OTEMRFS. bORDONESSRS. PLUMMER/ 8. VARIANCE - CONSTRUCTION OF DUPLEX- LOT 9 ALTA VISTA CORR. THE FOLLOWING RESOLUTION WAS INTRODUCED BY REVEREND GIBSON WHO MOVED ITS ADOPTION: RESOLUTION NO. 72-175 A RE 0 UTION GRANTING A VARIANCE FROM ORDINuE N0 8/1, ARTICLE VI, SECTIONS 2 (1) AND 3 (2 (A), II0 PERMIT CO STRUCTION OF DUPL qqNN LOT LESS L 5 , BLQ K ,ALTA.VISTA CORR (b-4), WITH LOT WIDTH OF 59.6 (4O t1INIMUM GUIRED), 2 LOCAT D AT APPROXIMATELY 1 N. E. 51 STREET IN AN K-(TWO-FAMILY) DISTRICT (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS OFFICE) 25 MAY 19, 1972 UPON D Y g AND DOPTEDEBYGTSECFOLEOWBINGMVOTE - AYh :THMESSRSL.0 MUMMER, GIBBON, �ADOPTED MAYOR KENNEDY. NOES: NONE RB . bORDON AND THE AGNEREBOLOUTIONRD�NOHOBJECTORSE NAPPEAREDT �D AND URGED THE ADOPTION OF 9. ENCLOSURE OF EXISTING CARPORT - LOT 3, BLOCK 4 DURHAM TERRACE THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS. GORDON WHO MOVED ITS ADOPTION: RESOLUTION NO. 72-176 b8/1SARTICLOLUTION E V, SECTION SNTING A A( ) (A)FTOMPERMIT AENCLOSURE NO. 0 E STING CARPORT ON LOT , BLOCK 4, DURHAM TERRACE (44-55), AND CONSTRUCTION OF ADD ;IO SINGLE F�IMILY RESIDENCE, Iwo Am SETBACK OF 5 (0. 9 R QUIRED) LOCATED AT 4UbO N. W. b STREET, IN AN -1 (ONE -FAMILY) DISTRICT (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS OFFICE) UPON BEING SECONDED BY REVEREND GIBBON HE RESOLUTION WAS PASSED AND ADQPTED BY TH FOLLOWING VOTE.- AYLS: MESSRS. MUMMERGIBBON, MRS. bORDON AND MAYOR KENNEDY. NOES: NONE NOTE: RESOLUTION NO. 72-177 WAS INADVERTENTLY NOT ASSIGNED A SUBJECT, 10. CHANGE ZONING CLASSIFICATION- LOTS 3 & 4. BLOCK 2. EASTMORELAND AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING OR INANCE NO. 6871 (COMPRE- HENSIVE ZONING ORDINANCE BY IANEgGKTI? ZONING �S j,EICATIOIL OR LOTS AND, A TMORELAND -U) FRQM l.-'4 (GENERAL COMMERCIAL L- (OC L AOMMERCIALI, LOCATED AT APPROXIMATELY 5/41 N. W. 7 VENUE; AND BY MAKING THE NECESSARY CHANGES IN ZQa NG DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. OW $Y REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION Z, THEREOF; REPEALING ALL LAWS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE HEREIN WAS INTRODUCED BY REVEREND GIBSON, SECONDED WD ESSRS.FILUMMER,bIBSON,TMRSE CORDON : NE BY MRS, GORDON, AND FOLLQ$W�I NG VOT E - AND MAYOR KENNEDY. 11. CHANGE ZONING CLASSIFICATION. LOT 5 BLOCK 3, OSCEOLA PARK AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871 �COMPRE- HENSIVE ZONINGNQORDINANCE)QQDgBY CHANGIQpNG THE ZONING AiFFROMI(.N4F(GENERAjL,COMMERCIAL)STO K-4PARK 1b 5igm . AENbISTREETTIAND)BYOMAKINGATHEPNECESMSAARYLY CHRT OFSAIDORDINANCE IA THE NNO, bS71ING RBYTREFEREP NCE AND E A ADES- CRIPTION IN ARTICLE III, SECTION 1 THEREOF; REPEALING ALL LAWS IN CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY CLAUSE HEREIN 26 MAY 19, 1972 WAS INTRODUCED BY REVEREND GIBSON, SECONDED BY MAQRS. GG ORDONE , AND ED OESSTRS,FrLUMMERAD(IBSON,TMRS. CORDON ANDLMAYOR KENNEDY. : NONE 12, ZONED STREET WIDTH - SUBSTITUTING NEW SUB SECTION AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE 6874, ART CL/ XXV, x D ETING SUB -SECTIONS (13-, t110- AND (114-/�5, IN THEIR ENTIRELY, AND BY S ST - T N IN LI TH REOF NEW SUB-SECTION5 S- S AND 4- , AS NEW SUBSECTIONS 3-A� (-) AND 74-A), AS HEREINAFTER SET FORTH PERTAINING TO CERTAIN STREET MEASUREMENTS; REPEALING ALL LAWS IN CONFLICT HEREWITH; AND PROVIDING FOR A SEVERABILITY CLAUSE HEREIN WAS INTRODUCED BY MR..PLUMMER, SECONDED BY REVEREND GIBSON, AND IR ED M�j ssRS.F1'LUMMER,(:IBSON,TMRSE bORDON ;ATM KENNEDY. NONE 13. PRIVATE CLUBS AS A CONDITIONAL USE AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871; ARTICLE X-1, ESTABLISyING PRIYAT CLUBS AS A CONDITIONAL USE IN THE K-5A DISTRICT BY ADRING A NEW SUBPARAGRAPH (B) TO PARA- RAPH L-A OF SECTION 1 OF ARTICLE X-1, AS HEREINAFTER SET FORTH; REPEALING ALL LAWS IN CONFLICT HEREWITH; AND PROVIDING FOR A SEVERABILITY CLAUSE HEREIN WAS INTRODUCED BY MR. PLUMMER,SOSECONDEDEjBY REVEREND GIBSON, AND QP� ED ESSRS.FILUMMER,�tiiIBN,TNRSE CORDON WAN KENNEDY. N ONE 14. PERMITTED AND CONDITIONAL U$E OF OFF-STREET PARKING AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871 A§ IT PERTAINS TO PERMITTED AND CONDITIONAL USE OFF-STREET PARKIN BY DELETING SUB -PARAGRAPH (B) OF PARAGRAPH b, SECTION 1, ARTICLE V, IN ITS ENTIRETY, AND BY SUB T TUTING IN LIEU THEREOF A NEW PARAGRAPH (B), AS HFR WAFTER SET FORTH; BY DELETING SUB -PARAGRAPH (C) OF PARA- GRAPH 6 SECTION 1, ARTICLE V, IN ITS ENTIRETY AND BY SUBSTITIJT NG IN LIEU THEREOF A NEW SUB -PARAGRAPH (C) AS HEREINAFTER SET FORTH) BY DELETING SUB PARAGRAPH (i) OF PARAGRAPH (6), SECTION 1, ARTICLE V IN IT NTIRETY; BY DELETING PARRgA ti (4) AND (5) OF SECTION 1, ARTICLE VIII (K-L4), THEIR ENTIRETY; BY DELETING PARAGRAPH (zifV RETOF SECTION 1, ARTICLE X (R-5), IN ITS ENTIRETY; 27 MAY 19,1972 BY DELETING PARAGRAPH (4) OF SECTION 1, ARTICLE (22) OF SECTION 1,TARTICLEBXIIE(Ct1)G PINRITSAPH ENTIRETY; AND $X SUBSTITUTING IN LIEU THEREOF A NEW PARAGRAPH (L2), AS HEREINAFTER SET FORTH; BY DELETING SECTION 8 OF ARTICLE XXIII, IN ITS ENTIRETY; ANp BY SUBSTITUTING IN LIEU THEREOF A NEW SECTION 6, AS HEREINAFTER SET FORTH; REPEAL- ING ALL LAWS IN CONFLICT HEREWITH; AND PROVIDING FOR A SEVERABILITY CLAUSE HEREIN WAS INTRODUCED BY REVEREND GIBSON, SECONDED BY MRS. GORDON, AND P ED OESSRS.FILUMMER`,DeIBSON,TMRSE bORDON FANDLMAYOR KENNEDY. : ONE NOTE: THIS ITEM WAS GAIN ONSIDERED DURIU Ni S MEETING. SEE MINUTE ITEM NO. 1/ AND RESOLUTION NO. /1-13U 15. CLOSING OF ALLEY - N.W. 21 ST & N.W. 17 AVENUE-BLUDWORIH SUB THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS. GORDON WHO MOVED ITS ADOPTION: RESOLUTION NO. 72-178 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUINGrR PUBLIC US THE N-S ALLEY 15 TWEEN N. W: AND N. W. 21 STREETS AND N.E. ANDNW1Ax N ES,�� C ANC I H �� TENTATIVE PLAT #8Us-i - �CUuWuIKIH SUbD!VISION (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS UFFICE) UPON BEING SECONDED BY REVEREND GIBSON IHE RESOLUTION WAS EASSED ANI� ADOPTER BY THE FOLLOWING VOT - AYtS: TII SRS. F'LUMMER, (IBSON, IRS. I.ORDON AND MAYOR KENNEDY. NOtb: NONE 16. ENCLQSU RE OF EXJ ST I NG CARPORT - LOT 15. BLOCK 6. E L. DORA%) BEMTS THE FOLLOWING RESOLUTION WAS INTRODUCED BY MRS. GORDON WHO MOVED ITS ADOPTION: RESOLUTION NO. 72-179 A NO, bSf1, ON ARTICLETV�,GSECTIONASC�2ER�AM ORDINANCE OIPERMI ENCLOSUREttSS/OF EXISTING (�RPORT ON LOT 15, BLOCK 1DORADO HE GHTS (7-72) Wz ShireIBMEET,'IN (5 R Qt jRED , LOCATED AT B1 AN R-i (UNE- AMILY) DISTRICT (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE CITY CLERKS UFFICE) 28 MAY 19, 1972 9 7 UPONG ED BY FOLLQWINGDVOTE50NAYLSE RFIESSRS.O[t WAS tIBSON, MRS, CORDON AND MAYOR KENNEDY, NOES:tJNONEESSRS, MUMMER, E SS' THE COMMISSION WAS IN RECESS FROM 1:20.O'CLOCK rag, TO :0 CLOCK , AND UPON RECQNVENING, THE FOL OWIN MEMBERS WERE FOUND TO BE PRES ' MES�RS, I'LUMMER, GIBSON, MRS, iORDON AND MAYOR KENNEDY, AntNT: MR, CHRIST1E 17. OFF-STREET PARKING. CONDITIONAL USE ACCESS UNDER CERTAIN_ C I RCU1MSTANCEE In connection with discussion and adoption on first reading of Ordinance on.first reading (agenda item 17, Minute itema, the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 72-180 A RESOLUTION REQUESTING THE PLANNING DIRECTOR TO SUBMIT A PROPOSED AMENDMENT TO ORDINANCE NO. 6871 ARTICLE XXIII, SECTION 8, SUBPARAGRAPH "D" OF PARAGRAPH 1 THEREOF, TO ALLOW ACCESS FROM ADJACENT STREETS UNDER CONDITIONAL USE UNDER CERTAIN CIRCUMSTANCES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. N5ES: None 18. VARIANCE - ADDI1: ON TO STRUCTURE. LOTS 23 THRU 27, BLOCK 41 NEW BISCAYNE AMD The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-181 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871 ARTICLE XI, SECTIONS 3 (2) (a) AND 6; AND ARTICLE XXIII, SECTION 3 (32) TO PERMIT CONSTRUCTION OF ADDITION TO EXISTING STRUCTURE, ADDITION TO BE FOR OFFICES ON LOTS 23 THRU 27, BLOCK 41, NEW BISCAYNE AMD (B-16), WITH SIDE SETBACK OF 5.56' (9' REQUIRED), WITH LOT COVERAGE OF 36.51 (30% PERMITTED), WAIVING 3 OF 8 REQUIRED OFF STREET PARKING SPACES, LOCATED AT 3205 S. W. 27 AVENUS, IN AN R-C (RESIDENCE -OFFICE) DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mayor Kennedy, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson and Mayor Kennedy. NOES: Mrs. Gordon 29 MAY 19, 1972 • 191 PUBLIC HEARING - EXC I SEL TAX ON FUEL AILS- SECOND . READING ORDINANCE An Ordinance entitled - AN ORDINANCE AMENDING SECTIONS 55-1 THROUGH 55-7 INCLUSIVE OF DIVISION 1 ENTITLED "ELECTRICITY, METERED GAS, BOTTLED GAS, TELEPHONE SERVICE, TELEGRAPH SERVICE, AND WATER SERVICE" OF ARTICLE 1 ENTITLED "EXCISE TAXES" OF CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FOR THE PURPOSE OF INCLUDING FUEL OIL AS ONE OF THE PUBLIC UTILITY SERVICES TAXED THEREIN; DEFINING FUEL OIL; PRO- VIDING FOR THE RATE AND AMOUNT OF EXCISE TAX ON PURCHASE OF PUBLIC UTILITY SERVICE; COLLECTION OF TAXES; PROVIDING FOR REMITTANCE OF TAX TO CITY BY SELLER; PROVIDING FOR RECORDS TO BE KEPT; FOR RECOGNITION OF EXPENSE IN REGULATION OF RATES; PROVIDING FOR VIOLATIONS OF DIVISION; PROVIDING FOR A PENALTY CLAUSE; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT HERE- WITH INSOFAR AS THEY ARE IN CONFLICT; PROVIDING FOR A SEVERABILITY PROVISION; AND PROVIDING FOR AN EFFECTIVE DATE THIS ORDNANCE WAS ADOPTED ON FIRST READING AT THE MEETING OF MAY 4, 1�02 AND WAS TAKEN UP FOR CONSIDERATION AND SECOND READING THIS DATE, Mr. Plummer: Mr. Mayor, it has been brought to my attention that there is a gentlemen here representing Florida Power and Light who would like to speak. Mr. King: Honorable Commissioners, my name is Sheppard King, I am an Attorney with a firm and we represent Florida Power $ Light. Our problem with this Ordinance is, not with the basic intent of the ordinance which is to amend the utility tax, to impose a tax upon fuel oil. Our office represented some consumers of gas in Tampa and took a case up to the Supreme Court Of Florida recently which sought very strenuously the ability of cities to impose a tax on fuel oil. The crux of that case was that you can as a city impose a tax upon'purchases of fuel oil where a competitive utility is then being taxed and generally a competitive utility with fuel oil such as gas, the major hotels on the beach can keep their hotels by the purchase of gas or the purchase of fuel oil. The beach could presently impose a tax upon the purchase of gas and thereby enable the city to impose a tax upon the purchase of fuel oil. A competitive utility. However our problem is that the statute itself which enables the City to impose a tax upon utilities expressly exempts and prohibits the City from imposing a tax upon a utility that purchases gas for generation of electricity. Thereby, it is our contention that the City may not impose a tax upon the purchase of fuel oil for the generation of electricity. The competing fuel, gas in this instance is not being taxed by the city, its expressly prohibited by the statute. We maintain that this statute must similarly prohibit the city from imposing a tax upon utilities when we purchase fuel oil to generate electricity. I might add that the Dade County Metropolitan Code expressly adopts this provision and does prohibit the taxation of fuel oil when purchased by an electric company to generate electricity as does the City of tampa which is the case we took up to the Florida Supreme Court, that ordinance which was expressly adopted, expressly exempts the purchases of fuel oil by an electric company for the generation of electricity. We think this point has been adopted by two jurisdictions in the state which since the Supreme Court decision have attempted to pass fuel oil and we think that the city here should also do so. 30 MAY 19, 197 Mayor Kennedy: Has the City Attorneys office looked into that? Mr. Harris Turner: Yes we are aware of this contention of Florida Power and Light, we have checked and we have copies of the Dade County Ordinance and the Tampa Ordinance, however we feel that Florida Power and Lights contention is a matter of legislative interpretation and we would like to see you adopt this and pass it on second reading just like it is. Mayor Kennedy: I think if we go ahead and adopt this, you are probably going to have to adjudicate this. Mr. King: If, I may, Mr. Mayor, I would like at the very least, we think this is an open and shut matter. I understand that counsel has just read a memo on our predicament. We have been up and down from the Circuit Court to the Supreme Court on this statute once. It takes a lot of City money and a lot of Florida Power and Lights money and we think its unnecessary. At the very least we would like an opportunity to meet with the City Attorney and present our full position. Mayor Kennedy: I think thats fair. Are there any other objectors who would like to be heard? On item #18? Are there any pros who would like to be heard on item 18? The chair doesn't recognize any other person who wants to be heard on item 18, therefore the chair would entertain a motion to defer this until our meeting of June 1, would you have enough time to advertise it?, so that the attorney here would be able to sit with the city attorneys office and to sume up whether this would legally stand up in court. If it is a frivelous matter, apparently we can spend our money on better things. Mr. Andrews: Mr. Mayor and members of the Commission, I don't think - it will be necessary to advertise it again, this would be a contin- uation of this hearing matter and be a resolving of this one incident in relation to the ordinance. Mayor Kennedy: Lets set it for 2 o'clock on June 1, and that should give you sufficient time to work it out. Mr. King: Thank you Mr. Mayor The following motion was then made by Mr. Plummer who moved its adoption: A MOTION TO DEFER CONSIDERATION OF SECOND AND FINAL READING THE PROPOSED ORDINANCE CONCERNING EXCISE TAX ON FUEL OIL UNTIL 2 P.M. JUNE 1, 1972 Upon being seconded by Mrs. Gordon, the motion was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 20, HENDERSON PARK DISCUSSION Mr. Stafford Pinder, Chairman, Administrative Board and Mr. Ed. R. Dodson, Director Special Ministries of Riverside United Methodist Church, 985 N. W. 1 Street appeared in regard to proposed recreational facilities at Henderson Park. Mr. Dodson stated that he had appeared before the Commission on a prior occasion with recommendations as to what the church would like to have accomplished in Henderson Park. He cited the fact that the neighborhood had increased approximately 10 times in the amount of children using these facilities. He stated that the church at their own expense had erected basketball facilities in their parking lot and that about 40 to 50 youths used these facilities and that a coffee house was operated on Saturday and Friday evenings and ping pong and pool facilities were provided but the church had done all it could in an effort to provide recreational facilities. He emphasized some vacant land, about 90 X 130 feet which is presently unused in the park and another90 X 300 feet and what they were asking the Commission to consider was to take some of the park funds and put up some gymnastic equipment, basketball goals, try to take advantage of every bit of space that is available. 31 MAY 19, 1972 Mayor Kennedy advised Mr. Dodson that the City Commission was very appreciative of the efforts of this church to aid the youth in recreational facilities and commented that this church had stayed within the central city area and had coped with the urban problems in a fine manner and advised that Mr. Acton would work with neighborhood groups in the development'of parks as a result of the recently passed bond issue. The Mayor further explained that the tennis program at Henderson Park could not be disrupted because they represented the only good tennis facilities in the city limits but that future plans for the park would include facilities for all age groups so that there would be something for everyone. In summation, Mr. Dodson commended the commission for their past work'in this area and commended Reverend Gibson for his work in helping unfortunate blacks but stated that in his area, the white population had left and had been replaced by a largely cuban population and emphasized that these children had no representation here and that''was the reason for the interest of the church and that it was the concern of the church to prevent future problems as these children grow older. 21. REQUEST FOR FUNDS' FOR WOMEN IN DISTRESS Mary Ellen Fabal representing Women in Distress appeared and appealed for funds for women in distress emphasizing that there are great numbers of elderly persons in our community that are in dire need of some organization to aid them in times of trouble to help in physical matters such as a clean room, bath and possible assist- ance in finding a job, and that this organization was on call 24 hours a day to help such persons and requested $25,000 to start a building fund for Women in Distress. Georgia Jones also appeared and stated that their organization had helped any number of young women who found themselves in situations that they found themselves extremely frustrating such as women with small children and families with serious problems and emphasized that the helping of women in such situations also helped her family. Mayor Kennedy commended this organization for their fine work and particularly in the areas of bringing job discrimination matters to the attention of the commission. The Mayor further explained that many quasi -public organizations of good cause come before the commission but that the commission by charter was prevented from making contributions unless the organization benefited all the general public in nature but invited the spokeswomen to sit down with the City Attorneys Office to see if something cou'ld be worked out and that if such help was still impossible, that perhaps help of in kind services could possibly be made. The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 72-182 A RESOLUTION TO REFER TO THE CITY ATTORNEY THE REQUEST OF "WOMEN IN DISTRESS" FOR FINANCIAL ASSISTANCE OR THE POSSIBILITY OF THE CITY OF MIAMI MAKING AVAILABLE ITS FACILITIES FOR FUND RAISING EVENT BY SAID ORGANIZATION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None MAY 19, 1972 221 SENIOR CENTERS. OF . DADE COUNTY INC, . PEAL FOR .FUNDS Mr. C. W. MC Loud, i+xecutive Director, Senior Centers of Dade County Inc., appeared to present a brief outline of the function of this organization and stated it had been in existence for over 10 years in service to the senior citizens of Miami and the surrounding area including the geriatric program to provide low cost nutritional meals to persons 60 years of age or older. By June 30 of this year, the organization will have prepared over 156,000 meals to low income elderly persons in Dade County through 18 centers, 7 of which are within the city limits of Miami. The cost of each delivered meal is $1.18 but that the elderly citizen was only charged 50t. the balance currently subsidized through a federal program on aging with the Department of Health, Education and Welfare. funding of of the program was $67,000 and stated that the City of Miami Beach had contributed about $18,000 and Metropolitan Dade County, $10,000 and United Fund, $10,000 for a total cost of $106,117 for the 156,000 meals. He stated that application for federal funding of this program for another year had been made but that some matching funds had to come from local support. He requested a contribution of $10,000 from the City of Miami to help fund the program for the next year. After further discussion, the following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 72-183 A RESOLUTION REQUESTING THE CITY ATTORNEY TO FURNISH A LEGAL OPINION ON THE QUESTION OF WHETHER OR NOT THE CITY OF MIAMI CAN MAKE FUNDS AVAILABLE TO THE SENIOR CENTERS OF DADE COUNTY INC. (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 72-184 A RESOLUTION EXPRESSING THE POLICY OF THE COMMISSION THAT THE CITY MANAGER GIVE PRIORITY IN THE PROPOSED BUDGET FOR THE COMING YEAR FOR FUNDS TO BE MADE AVAILABLE TO SENIOR CENTERS OF DADE COUNTY INC. IN THE AMOUNT OFTEN THOUSAND DOLLARS PROVIDED SUCH A CONTRIBUTION BY THE CITY IS DETERMINED BY THB CITY ATTORNEY TO lE 'A LEGAL ACT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None Mr. Andrews, Assistant'City Manager, stated that this was a situation again where if \the city is prohibited from a cash contribution that perhaps the contribution could be in the form of making facilities available and services in kind and Mr. Mc Loud expressed his interest in that possibility as an alternative. 33 MAY 19, 1972 • o 23, TRAFFIC HAZARDS TO BUS OPERATIONS IN THE CITY. OF MIAMI Mr. Carl Rolfe, President of Transport Workers Local #291 appeared to advise the Commission of a problem that has developed in that buses are receiving traffic tickets when the buses stop on the street to discharge passengers. He stated the bulk of these citations are from Metro but that the cities of Miami, Miami Beach and Hialeah were also issuing these citations and presented recommendations to the city commission for drafting or ordinances to prevent these situations. After further discussion, the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-185 A RESOLUTION SUBMITTING TO THE CITY ATTORNEY FOR LEGAL OPINION, TWO PROPOSED ORDINANCES DESIGNED TO REMEDY TRAFFIC HAZARDS TO BUSES IN THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by thefollowing vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 24, DRAINAGE PROBLEM ON SOUTH DIXIE HIGHWAY Mr. Plummer stated that he was again bringing to the attention of the Commission, a severe drainage problem existing on South Dixie Highway particularly in the vicinity of S. W. 17th to S. W. 19th Avenues. He stated that this situation seemed to be worsening and that several serious accidents including a fatality had recently occurred. He emphasized that he was aware that this was not the primary responsibility of the City but rather the State Road Department and expressed the opinion that they should give immediate attention to this problem. After further discussion, the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-186 A RESOLUTION AGAIN URGING THE STATE ROAD DEPARTMENT TO GIVE SERIOUS CONSIDERATION TO THE TRAFFIC HAZARD ASSOCIATED WITH DRAINAGE CONDITIONS ON SOUTH DIXIE HIGHWAY IN THE CITY OF MIAMI, PARTICULARLY IN THE AREA OF S. W. 17TH TO 19TH AVENUES (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 34 MAY 19, 1972 25, ADMINISTRATION PLANS FOR UPCOMING NATIONAL CONVENTIONS Mr. Plummer: I have something I would like to ask of the administration, we have read a great deal in the press about the upcoming summer. I would like the administration to go on record since they have not, as to what we, the City of Miami are doing to prepare for these upcoming conventions, for my edification, and maybe that of the rest of the Commission. Mr. Andrews, if you are in a position Sir, to answer that question, I would like to hear from the administration. Mr. Andrews: Yes Sir, I think I can answer it generally because Mr. Reese would be in a much better position to brief the Commission quite thoroughly and our City Departments, particularly the Police and Fire are well coordinated and are giving a great deal of attention to the planning that is needed for the convention. In addition to this, he has held several meetings with the County Manager and is very closely coordinating our activities with the County and with Miami Beach. We have specific individuals who have been selected to coordinate activities for both the police and fire and I believe that the City is well underway, I don't believe it, I know that they are well underway with a positive plan for this summer's two political conventions. Mr. Plummer: Mr. Andrews, then I can have the assurance of the administration that the City is doing everything that is possible to be done in preparation for this upcoming convention. Mr. Andrews: Yes, there is a significant amount of advance detailed planning that has already taken place and we think we know exactly what is needed and expected of us. Mr. Plummer: Finally, there was an item on the original agenda, Item #55, I think a pact with other municipalities pertaining to the police. Mr. Salerno is here, and he as well as I wonder why it was taken off of the agenda and if you will explain that. Mr. Andrews: Mr. Reese was prepared to recommend the pact concept between Coral Gables, Miami Beach and the City. The City Attorney in reviewing this matter the early part of this week informed Mr. Reese that there was some matters that had to be reviewed with his office and its very possible and I am almost positive that the Manager was going to recommend that in order to resolve these particular problems, that our City Attorney, Miami Beach and Coral Gables City Attorney meet understanding what the objective is and to iron out these differences so that we could go forward with the pact. Mr. Rothstein: I can tell you a little bit further. On Friday of last week, I received a memo from the Chief of Police enclosing a contract written by a legal advisor to the Police Chief, Mr. Sam Pendino , all not following the proceedings and procedures required in the code and charter and requesting that we immediately proceed to approve it so it could be signed. My further understanding, that this was first given to Mr. Pendino four months ago, and there were so many things that I found wrong with it, that I advised the Manager that I couldn't approve any of it. At the same time, I was advised by Mr. Salerno, of the problems that he felt the men were being faced with and so I incorporated them saying in the agreement or pointed out that we, couldn't approve because these things were a problem. And then when our office discussed it with Mr. Reese, Mr. Reese determined that the better idea was to not bring it up but I do think you ought to have the Chief of Police here to advise you just what this means and explain the ramifications of it and prospects of it and it should not be handled in a manner where the Chief of Police sends a contract to me to be approved when this Commission has never acted policy wise as to whether or not you want to be involved in that type of action. Mr. Plummer: Well, I think Mr. Andrews if you would invite him down here for the next meeting it would be proper. Mr. Andrews: Yes, I hope between now and then some amount of attention would be given this matter so some of the problems that the City Attorney forsees could be worked out and that this could be moved ahead. 35 MAY 19, 1972 Mr. Plummer: Mr. Rothstein, in attending, as I chanced to do the other day, a civil service hearing, I was amazed to hear that in 1968 when we had problems, that our police department were diverted to other municipalities and they found themselves in the position of being an interested citizen in a uniform but basically that was it, they had no power and no authority. I surely would not want to see this happen, this upcoming summer and another question was raised and I am saying this to you Sir because I would like answers back and assurances that our men will be protected, they have raised such questions as pension, if they were hurt in the line of duty, would they be covered by our insurance, would they be covered by the city's sick leave and things of this nature and I think its a matter of concern and I think an answer should be given to them. Mr.Rothstein: I don't know who the Chief spoke to, he designated what he wanted in the contract or what he discussed with other departments in other communities and it didn't go through the Managers Office who usually negotiates these things and I am very hazy about the whole thing. Mr. Plummer: Well I would like a legal opinion from you before the next meeting stating to me that our men both Fire and Police are protected if in fact they are used in other municipalities other than Miami. Mr. Rothstein: In other words, you want an agreement drawn up that does protect them, is that what you are telling me? Mr. Plummer: In so many words, yes. Mr. Rothstein: I think that could be in resolution form. Mr. Plummer: I will then offer a resolution that this City Commissio go on record that we are asking for and expect to receive a. resolution, from the City Attorney Mr. Rothstein: An an agreement. Mr. Plummer: And an agreement that our men will be adequately protected if in fact they are used out of our municipality. I think its only fair to the people that we are asking. Mr. Rothstein: Thats why I said before, that it was most unusual to get something out of the blue from the chief without having the policy direction from the Commission. You have now given me some policy direction that I can at least have a beginning with - Mr. Plummer: Its only right, these men should have the assurance that they have our insurance backing them, their pension rights, and that we the City will stand behind them if they get in a fracas and be sued as individuals, will the City stand behind them and I think they should have these answers now and I offer that resolution Mr. Mayor, that some direction come back from the City Attorney Before our June 1, meeting. Mayor Kennedy: Its been moved by Mr. Plummer, seconded by Mrs. Gordon, discussion? Mrs. Gordon: I forwarded a letter to the Manager with regard to that. I don't know if Mr. Plummer is referring to the same letter that came to us and I asked for an opinion on that and so this is in line with that, as a formal resolution. Mr. Plummer: Well, not only that but it is a demand that we have the answer by June 1. Mr. Andrews: Mr. Mayor, and members of the Commission, in defense of the Chief, and I recognize fully the position the City Attorney is taking in this matter and I recognize that we all can get a little sensitive at this time as to procedures that he has followed in the past and in preparing for something that is as important as these two conventions are and the number of people involved and the things that are going to have to be done, there will be times when some of this is taken out of order 36 MAY 19, 1972 I am sure that the Chief recognizes this and I am sure that he didn't intend in any way that would cause any problems but he is attempting to do his job - Mr. Rothstein: Mr. Andrews, I am sorry but that is not factually accurate. That contract without getting a policy discrimination from this Commission was down at that Chiefs office for two or three months before it suddenly came up, "were in a hurry and approve what we drafted", which is just the opposite concept of what the City Commissioners just said is their policy. That really does not do what this Commission said is their policy. Mayor Kennedy: Anease inform the Chief that we do not interfere with his policy determinations with the administration but when it comes to the legislative field, it has to come before this Commission and we want our City Attorney to see these contracts on the legality of it before it ever gets to us. And please inform him of this, you don't send a copy of a contract to the City Attorney one day before its supposed to be acted upon and tell him to act on it when it contains policy matters and when its not a legally valid contract that was written in the first place. Thats why we have a City Attorney to protect us. Mr. Plummer: Mr. Mayor, let me say because I don't want to- step in the middle of a fight between the City Attorney, the Police Chief and the Administration. I was not aware of any contract. I have made my statement that I heard these comments made at a civil service meeting and that is the reason i brought them to the attention of this commission. Mr. Rothstein: There is no fight but this was as a result of your inquiry as to why it was taken off of the agenda and thats why, because it wasn't handled in the proper manner. Mr. Plummer: I think its a legitimate inquiry. Mayor Kennedy: You are right in the middle of it Mr. Plummer, did you make a motion? Thereupon the following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-187 A RESOLUTION REQUESTING THE CITY ATTORNEY TO SUBMIT TO THE COMMISSION AT ITS NEXT MEETING TO BE HELD ON JUNE 1, 1972 A METHOD WHEREBY THE CITY OF MIAMI POLICEMAN AND FIREMEN CAN BE AFFORDED THE FULL LEGAL PROTECTIONS TO WHICH THEY ARE PRESENTLY ENTITLED AS CITY OF MIAMI EMPLOYEES IN THE EVENT THEY MAY BE CALLED UPON TO SERVE OUTSIDE THE LIMITS OF THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 37 MAY 19, 1972 • Convention Plans (Continued) 26, COOPERATION BETWEEN MUNICIPALITIES DURING NATIONAL CONVENTIONS Reverend Gibson: Mr. Mayor, In the same vien, I attended several meetings recently and one of the things that has bothered me as you talk around, you hear only about two municipalities, maybe three involved in responsibility of the convention. I understand this, but what I am trying to get at is that I would hope that we would express to whoever is responsible since the governor has appointed a task force of a kind, that all of the municipal heads would get to gether and let the other know what each knows and so that, when I hear them talk, it looks like the City of Miami and Miami Beach are going to all the dues. And thats not the way it is because we have Coral Gables, North Miami and all of them and I would hope that all these city attorneys and city managers would be getting together, they don't have to publicize it, but at least there should be a oneness of mind. Do you see what I mean? I sat at a meeting yesterday chaired by Mr. in which the governors committee appointed by the governor to get all these things together, . many of us didn't know what was happening and I don't think they have to tell all of the members of the committee but somebody on that committee ought to know that most of the people have been contacted and what commitments have been made so they could at least allay our fears. Mr. Rothstein: Amen Mayor Kennedy: Call the roll Thereupon the following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 72-188 A RESOLUTION EXPRESSING THE OPINION OF THE CITY COMMISSION THAT THE ADMINISTRATIVE OFFICIALS OF ALL THE MUNICIPALITIES IN DADE COUNTY COOPERATE IN PLANS TO RESOLVE ANY PROBLEMS WHICH MIGHT ARISE IN CONNECTION WITH THE FORTHCOMING DEMOCRATIC AND REPUBLICAN NATIONAL CONVENTIONS TO BE HELD ON MIAMI BEACH THIS SUMMER (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the 'resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 27. QF ��S I BLE GREAT 1 ON OF ZONING APPEALS BOARD AND PLANNING Mrs. Gordon: I have a matter appropriate to the afternoon discussion. We have asked the Planning Department to enlarge upon the Review Board which will make recommendations under the Planned Area Development concept. Is that right Mr. Acton? Mr. Acton: Yes, that is correct. Mrs. Gordon: In line with that, I want to make a recommendation and I will put it in the form of a motion that this review board be considered in the same light as a Planning Review Board and that we ask the Department to study and to come back with a recommendation for some changes in the structure of the City of Miami Planning and Zoning Board as it presently is constituted. We are one of the few cities in the State of Florida, and I believe the only one of this size, that operates with an archaic system of a Planning and Zoning Board which lends itself primarily to decisions relating to variances and such . I believe the time has come when we must grow up and we must divide the board and since we are now appropriately considering 38 MAY 19, 1972 • a review board for Planned Area Development Concept, we can still use the same review board as a planning board and have in addition to that, a zoning appeals board which will rule only on the variances and the conditional uses that we are dealing with now and the planning review board will deal with problems of the environment, with transportation, pollution and the concerns for the future, which our present board does not lend its attention to simply because of a lack of time and also I believe we should consider the makeup of these boards and the members of these boards to be a professional type with background or experience and training in the fields related to planning and zoning which covers quite a wide field and in addition to that, can include some members from the public at large but I have made this quite lengthy so that 1 can express all of my intent for the Planning Departments consid- eration. Now, I believe that this will probably require a charter amendment in order to make this second board, a board that would have the power to make recommendations to the Commission. The Zoning Appeals Board would be a final authority on the advantages and so forth, in my opinion, however these are matters which I hope you will come back with concrete recommendations and I so move it. Mayor Kennedy: Does everyone understand? Mrs. Gordon: To sum it up very briefly, I am saying that we need two boards in the City of Miami. One, a planning board, one a zoning appeals board. This is being done and it is being used in almost every large city in the State of Florida today except Miami. I am saying that our Planning Department could come up with the specifics of it and to come up with it soon and I believe it will require a charter amendment and our city attorney can tell us that and if it does, it could be placed on the ballot in the fall. Mr. Acton: Mrs. Gordon, may I suggest that you include in there planning department and law department because it does involve - Mrs. Gordon: Of course, because it does involve the Law Department for consideration certainly. Rev. Gibson: Is this a motion for study and recommendation? Mrs. Gordon: Its a motion for a recommendation and for the law department to come back with the proper approach to it. I don't want this to drag out for six months because we have elections coming up in the fall and if we adopt this policy, we are going to have to put it on the ballot. MayorKennedy: Its been moved that the Planning Department come back to the City Commission with recommendations as soon as possible that include the idea of being placed on the ballot, possible charter changes affecting the planning and zoning board as it is presently consitituted. Its been moved by Mrs. Gordon, is there a second? Seconded by Canon Gibson, call the roll - Thereupon the following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 72-189 A RESOLUTION REQUESTING THE PLANNING DEPARTMENT AND THE LEGAL DEPARTMENT TO SUBMIT TO THE COMMISSION AT THE EARLIEST POSSIBLE TIME RECOM- MENDATIONS FOR PROPOSED CHARTER CHANGES WHICH WOULD PROVIDE FOR A ZONING BOARD OF APPEALS AND A PLANNING REVIEW BOARD FOR THE CITY OF MIAMI (Here follows body of resolution, omitted here and on file in the City Clerks Office) 39 MAY 19, 1972 28. LEAGUE CUBANA DE JOSE MARTI Translated by Mr. Frank Cobo: Mr. Cobo: Mr. Magell LaVieja came to the Mayors office pointing out that last year he appeared before the commission and requested a fee to be waivered at the Miami Stadium. I am not sure if the record shows that the City Commission took action and voted in favor of this waiver or not but his League shows that they didn't make any money last year and this is more or less to help the young people of the community and he has a record here, his final statement shows he had to raise $682.00 from charity in order to pay for the bill which included just maintenance etc to run the program without having to pay the Stadium. He recently received a bill from Mr. Rubio stating that he owed $4,800.00 for last years program and this is what he would like the City Commission to waive, that $4,800.00. Mayor Kennedy: Let me say this, I would like for the legal department and someone who can speak for the league in english to sit down with Mr. Andrews Office and see exactly what these costs are for and whether this is a profit or non profit organization and come back to us at the next meeting with a recommendation. You are talking about a lot of money to waive and they want to go ahead and do it in coming years. We have done it for the American Legion and the Cuban Baseball League and for anyone else as long as its a non- profit organization, but I don't want to get into whether its profit making or non profit making at this time, I think that an iivestigation by the City Attorney and City Managers Office could determine that and have this brought back to us at our next meeting. Mr. Cobo: : The feeling that they have is that this is devoted to the young people in the community and they have done a great job and they also want to consider Mr. Andrews the possibility of having it waived this year which starts I believe June 4., 2nd, 3rd and 4th of June. For the Stadium. Mr. Andrews: Mr. Mayor and members of the Commission, we are aware of their request and we are holding it in abeyance because we have run into a serious problem with the use of the Stadium between the two conventions. Some shifting has taken place into June and we would have to sit down with these people to see what could be made available. We couldn't commit at this time, the dates they have asked for because we have had some of the uses shifted during this period. Mayor Kennedy: Lets see if we can work this out but I don't know how they are going to do it by our next meeting June 1. Mr. Cobo: I thought they had already signed the contract for the 2nd, 3rd and 4th,- Mr. Andrews: They had submitted a contract to the City to be signed but it hasn't been consumated. Mayor Kennedy: Well, I don't know how we can do this. Mr. Andrews: The best thing we can do is to get together to see what could be worked out. 29. GIRON MONUMENT - EXPENSE OF LIGHTED TORCH The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 72-190 A RESOLUTION EXPRESSING THE POLICY OF THE COMMISSION THAT THE CITY OF MIAMI ASSUME THE COST OF MAINTAINING THE GAS LIGHTED TORCH AT THE GIRON MONUMENT HONORING MEMBERS OF BRIGADA DE ASALTO 4o MAY 19, 1972 29. GIRON MONUMENT - EXPENSE OF LIGHTED POACH: Vice Mayor Gordon: Mr. Mayor while we are waiting a couple of minutes, we all received a memo from the City Manager regarding the little memorial Park that the Brigade fixed up, I don't know if any of you have seen it, I know that J. L. has seen it, and I admired the work that has been done there and the amount of money that has been spent there is considerable. The Cuban people spent about $7500.00 improving that park. Now Mr. Reese said that he would install some more lights and some more shrubs, and a few things of that nature. Are you aware of it Mr. Andrews? Mr. Andrews: I am aware that Mr. Reese had returned the memorandum to you, and the Commission indicating that arrangements had been made for the lights but I was not aware of the shrubbery and other matters. Mrs. Gordon: Well, that is not the point I was going to bring up. The point I am going to bring up is that he said that he felt that we could not assume the cost of keeping the torch lit. Now, I bring this up because I feel that it is a tourist attraction. It is an improvement to the City of Miami, and all the costs thus far have been borne by people who can hardly afford that kind of expenditures but they have done it, and it has improved the City of Miami. Mayor Kennedy: How much does it cost per year? Mrs. Gordon: It has been costing them about $60.00 average per month to run this gas. Now, as I understand it, the torch in Bayfront Park has been taken care of by the City of Miami. Are you familiar on the cost on that? Mr. Andrews: Yes, its free. Mrs. Gordon: Okay, if that is free, then it appear to me that perhaps the City Manager can investigate the feasibility or the possibility of getting some, if not a free ride here, but at least a reduced cost and let us assume what I feel we should, which is City property, and a City beautification job that has been done for us. So I would like to move that please. Mr. Andrews:I will certainly discuss this with the City Manager and convey your exact sentiments. Mrs. Gordon: Okay. I made it in the form of a motion, --- Mr. Plummer: You need a motion on that? Mrs. Gordon: I'd like to make it that way so we can get it finalized at our next meeting. Mayor Kennedy: What is the motion, Rose? Mrs. Gordon: The motion is for the City Manager to, ---- to express to the City Manager our desire to assume this respon- sibility of keeping the torch lit, but I ask him to investigate whether we can get it at the same rate we can get it Bayfront Park, and if not at a reduced rate from the Bridadas have to pay. Mayor Kennedy: All right, it has been moved by Mrs. Gordon. Is there a second? Seconded by Canon Gibson, call the roll. Mrs. Gordon: The intent was, I want to clarify this, that we do accept this responsibility. The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 72-190 A RESOLUTION EXPRESSING THE POLICY OF THE COMMISSION THAT THE CITY OF MIAMI ASSUME THE COST OF MAINTAINING THE SAS LIGHTED TORCH AT THE GIRON MONUMENT HONORING MEMBERS OF BRIDAGA DE ASALTO (Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. glummer Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None. • (Here follows body of resolution, omitted here and =on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None Mrs. Gordon stated that the organization that built the monument has thus far assumed the cost of the gas for the torch but they could ill afford it and that the annual cost was approximately $600.00 per year. She inquired from the administration as to the cost of the gas for torch in Bayfront Park and upon receiving a reply that it was free made suggestion the city manager investigate the possibility of a similar arrangement for this torch or at least investigate the possibility of a reduced rate. 41 MAY 19, 1972 30# WEAN% WiTNIET: EAST IVNTW.47IAVENUESt BY An Ordinance entitled - AN ORDINANCE GRANTING CHANGES OF ZONING CLASS- IFICATIONS FOR THE AREA BOUNDED ON THE NORTH BY THE CITY LIMITS, ON THE WEST BY N. W. S7TH AVENUE, ON THE SOUTH BY N. W. 5TH STREET, AND ON THE EAST BY N. W. 47 AVENUE, AS SHOWN ON THE REVISED ZONING MAP ATTACHED HERETO AND MADE A PART THEREOF was introduced by Mr. Plummer, seconded by Mrs. Gordon and passed on its first reading by title by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 11. EXTENSION OF PERMIT - SUNLIGHT BEAUTY SCHOOL The following resolution was introduced by Reverend Gibson, Who moved its adoption: RESOLUTION NO.72-191 A RESOLUTION GRANTING THE REQUEST OF THE SUNLIGHT BEAUTY SCHOOL, 769 N. W. 54 STREET FOR AN EXTENSION OF PERMIT, ORIGINALLY GRANTED FOR A THREE YEAR PERIOD BY RESOLUTION NO.40610 FOR USE OF PREMISES WITH LIMITED OFF-STREET PARKING (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None Attorney L. E. Thomas, appeared in behalf of the applicant and urged adoption of the resolution. Mr. Andrews, Assistant City Manager reported that the administration had researched this request to determine if any violations had occurred and reported that there were none. Mayor Kennedy expressed the opinion that this was now permanent in response to a question by the City Manager and specifically that it was the intention of the Commission that this was now permanent. 31 AMEND ELECTIONS SECTION 15-18 OF THE CODE An Ordinance entitled - AN ORDINANCE.AMENDING SECTION 15-18 OF CHAPTER 15 ENTITLED "ELICTIONS" OF THE CODE OF THE CITY OF MIAMI BY DELETING SUB -PARAGRAPH B OF PARAGRAPH 14 OF SECTION 15-18 IN ITS ENTIRETY; BY DELETING THE WORDS "UPON THE CITY MANAGER'S REPORT BEING SUB- MITTED TO THE COMMISSION AND AFTER CONSIDERING THIS REPORT, IF" OF SUB -PARAGRAPH C OF PARAGRAPH 14 OF SECTION 15-18 AND SUBSTITUTING THEREFOR THE WORDS "IN THE EVENT"; REDESIGNATING SUB -PARAGRAPH C AS B; REDESIGNATING SUB -PARAGRAPH D as C AND CONTAINING A SEVERABILITY PROVISION passed on its first reading by title at the meeting of May 4, 1972, 142 MAY 19, 1972 • was taken up for its second and final reading by title and adoption. On motion of Reverend Gibson, seconded by Mrs. Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Messr. Gibson, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: NOne Said Ordinance was designated Ordinance No. 8058. 33. CLAIM SETTLEMENT - HARTFORD HOUSE - SITCH REALTY The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-192 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO HARTFORD HOUSE D/B/A SITCH REALTY, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $130.00 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 34; PARKS FOR PEOPLE - RECOGNITION OF GREATER MIAMI JAYCEES Mayor Kennedy stated that the recent successfully passed bond issue for parks was assisted to a great extent by the Greater Miami Jaycees and recognized Mr. Bill Moore and the President of the Jaycees, Mr. Ken Friedman and Dr. Brad, a Amber of the Board. Mr. Bob Dailey was recognized as being the originator of an idea of using children as participants in the recent bond issue. Several children appeared and were recognized for their efforts in getting people to vote for the bond issue and were told that they won a trip to Disney World for their efforts and such prize was awarded by the Parks for People Committee. 35. ORANGE BOWL CONCESSION - REPORT BY CITY ATTORNEY Mr. Rothstein: Mr. Mayor, I would like to advise the Commission of the outcome of a hearing today on the Restaurant Associates matter in its present point. Judge Schultz has ruled that the City Commission acted properly in April of last year and that the City acted properly in negotiating for a contract and in extending the contract, I mean Judge DuVal. Judge DuVal further ruled that there is an existing contract with Restaurant Associates and the City which must be honored. The issue of the million dollar lawsuit by Restaurant Associates against Joseph Robbie and the Dolphins will be held for interference in business, will be held on some other date, but as of now, we have a contract with them. MAY 19, 1972 36. CLAIM SETTLEMENT - CARLOS GUTIERREZ: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 72-193 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CARLOS GUTIERREZ, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $78.08 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 37. CLAIM SETTLEMENT - WILLIAMS H. PULLINS, JR.: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 72-194 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO WILLIAMS H. PULLINS, JR., WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $30.00 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 38. CLAIM SETTLEMENT - FRANCES FANDREY: The following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 72-195 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO FRANCES FANDREY, WITH- OUT THE ADMISSION OF LIABILITY, THE SUM 44 5-19-72 • • OF $20.00 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OP MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 39. CLAIM SETTLEMENT - J. ARONSON: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 72-196 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MR. J. ARONSON, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $100.03 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DE- MANDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 40. CLAIM SETTLEMENT - ELEANOR AND JOHN CHEEK: The following resolution was introduced by Reverend Gibson, who moved its adoption: RESOLUTION NO. 72-197 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO ELEANOR AND JOHN CHEEK, WITHOUT THE ADMISSION OF LIA- BILITY, THE SUM OF $75.00 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, TON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) 5-19-72 45 • Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 41. CLAIM SETTLEMENT - RICHARD D. LEE: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 72-198 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO RICHARD D. LEE, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $49.92 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 42. CLAIM SETTLEMENT - SAMUEL HABER: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 72-199 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO SAMUEL HABER, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $17.68 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON TH E EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS ( Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 43. CLAIM SETTLEMENT - CHARLIE POLLARD: The following resolution was introduced by Mr. Plummer, who moved its adoption: 5-19-72 46 RESOLUTION NO. 72 200 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO CHARLIE POLLARD) WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $291.15 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 44. CLAIM SETTLEMENT - GOLDIE P. HAYES: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 72-201 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO GOLDIE P. HAYES, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $45.81 IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mr. Plummer the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 45. BAYFRONT PARK AUDITORIUM - FREE USE BY DEPT. OF TRANSPORTATION: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 72-282 A RESOLUTION CONFIRMING THE FREE USE OF THE GULFSTREAM ROOM AT BAYFRONT AUDITORIUM BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PUBLIC INFORMATION MEETING ON JUNE 8, 1972 (Here follows body of resolution, omitted here and on file in the City Clerk's office) 5-19-72 47 • Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 46. FREE USE OF BAYFRONT PARK AUDITORIUM - BOOKER T. WASHINGTON COMMUNITY SCHOOL: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 72-203 A RESOLUTION CONFIRMING THE FREE USE OF THE BAYFRONT PARK AUDITORIUM BY THE METROPOLITAN DADE COUNTY COMMUNITY ACTION AGENCY FOR A BENEFIT AFFAIR FOR THE BOOKER T. WASHINGTON COMMUNITY SCHOOL ON MAY 29, 1972 (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 47. NOTICE OF PUBLIC HEARING - SEWER SYSTEM BUDGET: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 72-204 A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY CLERK TO PUBLISH ONCE IN THE MIAMI HERALD AND THE MIAMI NEWS, DAILY NEWSPAPERS OF GENERAL CIRCULATION PUBLISHED IN THE CITY OF MIAMI, A NOTICE HEREIN SET FORTH, PROVIDING FOR A PUBLIC HEARING ON THE PRELIMINARY BUDGET OF CURRENT EXPENSES AND ALL CAPITAL EXPENDITURES OF THE SEWER SYSTEM, DEPARTMENT OF WATER AND SEWERS OF THE CITY OF MIAMI, FLORIDA FOR THE FISCAL YEAR ENDING JUNE 30, 1973; FURTHER AUTHORIZING AND INSTRUCTING THE CITY CLERK TO MAIL COPIES OF SUCH NOTICE AT LEAST TEN DAYS BEFORE SUCH HEARING TO ALL WHO ARE ENTITLED THERETO UNDER THE PROVISIONS OF SECTION 505 OF ORDINANCE 4573 ADOPTED AUGUST 6, 1952, AND AUTHORIZING AND SECURING CITY OF MIAMI SEWER REVENUE BONDS (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson passed and adopted by the following vote - Gibson, Mrs. Gordon, Mr. Plummer and Mayor the resolution was AYES: Reverend Kennedy. NOES: None. 48 5-19-72 46. LIGHTING OF PARKING LOTS - DESIGN STANDARDS -CODE AMD: An ordinance entitled - AN ORDINANCE AMENDING CHAPTER 34 ENTITLED "MOTOR VEHICLES AND PARKING" OF THE CODE OF THE CITY OF MIAMI BY ADDING A NEW ARTICLE VI ENTITLED "LIGHT- ING OF PUBLIC AND PRIVATE PARKING LOTS"; BY ADD- ING A NEW SECTION 34-57 THEREUNDER ENTITLED "IN GENERAL"; BY ADDING A NEW SECTION 34-58 THEREUNDER ENTITLED "DEFINITIONS"; BY ADDING A NEW SECTION 34-59 THEREUNDER ENTITLED "DESIGN STANDARDS"; BY ADDING A NEW SECTION 34-60 THEREUNDER ENTITLED "CONFORMITY"; PROVIDING FOR A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND CONTAINING A SEVERABILITY PROVISION was introduced by Mr. Plummer, seconded by Mrs. Gordon, and passed on its first reading by title by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 49. REBCO SANITARY SEWER MODIFICATIONS - ACPTG COMPLETED WORK: The following resolution was introduced by Mr. Plummer, who moved its adoption: RESOLUTION NO. 72-205 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY JOE REINERTSON EQUIPMENT CO. AT A TOTAL COST OF $9,134.15 AND AUTHORIZ- ING A FINAL PAYMENT OF $913.42 FOR REBCO SANITARY SEWER MODIFICATIONS - 1972 (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Mrs. Gordon the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 50. MODEL CITIES BEAUTIFICATION - ACPTG COMPLETED WORK: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 72-206 A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY PAN AMERICAN CONSTRUCTION CO. AT A TOTAL COST OF $153,550.14, AND AUTHORIZING A FINAL PAYMENT OF $17,079.41 FOR THE MODEL CITIES BEAUTIFICATION - 1971 (Here follows body of resolution, omitted here and on file in the City Clerk's office) 49 5-19-72 Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 51. LIBERTY SANITARY SEWER IMPROVEMENT SR-5262 - APPLICATION FOR FEDERAL GRANT: The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 72-207 A RESOLUTION AUTHORIZING FILING OF A P PLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER P. L. 89-117, FOR LIBERTY SANITARY SEWER IMPROVEMENT SR-5262 (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. The following resolution was introduced by Mrs. Gordon, who moved its adoption: RESOLUTION NO. 72-208 A RESOLUTION ADOPTING A POLICY STATEMENT REQUIRED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE ACQUISITION OF LAND IN CONNECTION WITH THE CITY OF MIAMI'S APPLICATION FOR FEDERAL ASSISTANCE FOR THE CONSTRUCTION OF THE LIBERTY SANITARY SEWER IMPROVEMENT SR-5262 (Here follows body of resolution, omitted here and on file in the City Clerk's office) Upon being seconded by Reverend Gibson the resolution was passed and adopted by the following vote - AYES: Reverend Gibson, Mrs. Gordon, Mr. Plummer and Mayor Kennedy. NOES: None. 5-19-72 50 52, P.IA ASSESSMENTS FOR GROVE SANITARY SEWER IMPROVEMENT DISTRICT The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-209 A RESOLUTION ADOPTING THE RECOMMENDATIONS IN THE CITY MANAGERS MEMORANDUM OF MAY 8, 1972 ESTABLISHING THE METHOD OF SPECIAL ASSESSMENTS FOR THE GROVE SANITARY SEWER IMPROVEMENT DISTRICT (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 53, REPLACEMENT OF ENSILES & TRANSMISSIONS - AMERICAN LA FRANCE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-210 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER .TO AMERICAN LA FRANCE FOR THE REPLACEMENT OF ENGINES, TRANSMISSIONS, AND OTHER MODIFICATIONS, NOT TO EXCEED AN EXPENDITURE OF $27,500; FURTHER ALLOCATING $27,500 FROM FIRE FIGHTING AND RESCUE FACILITIES BOND FUND .TO ACCOMPLISH THE PURCHASE OF REPLACEMENTS TO MODERNIZE SAID THREE PIECES OF FIRE APPARATUS (here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 54. 23 STREET SIDEWALK PROJECT 4341-E AUTHORIZE PURCHASE ORDER The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 72-211 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO JAMES M. ANDERSON INC. IN THE AMOUNT OF $1245.00 FOR THE CON- STRUCTION OF N. W. 22 LANE AND N. W. 23 STREET SIDEWALK PROJECT 4341-E (Here follows body of resolution, omitted here and on file in the City Clerks Office) 51 MAY 19, 1972 • • UPON BEING SECONDED BY MRS. GORDON ,tH�ESSRSLUYLUMMERs �YBSON, ANDASSED .A OPTED BY THE POL OW I NG VOt�j RR MRS. CORDON AND MAYOR KENNEDY. NOES: ONE 55, COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-212 A RESOLUTION ACCEPTING PLAN IV OF PROPOSAL OF HARTFORD INSURANCE GROUP AT AN ANNUAL PREMIUM OF $205,788 FOR THE CITY'S COMPREHENSIVE AUTO- MOBILE LIABILITY INSURANCE, FOR A THREE-YEAR PERIOD EFFECTIVE MAY 28, 1972 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 56, BID ACCEPTANCE - EQUIPMENT FOR POLICE ROBBERY DETAIL The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-213 A RESOLUTION ACCEPTING THE BID RECEIVED APRIL 28, 1972 OF DUBL-CHEK OF FLORIDA, INC. FOR FURNISHING EQUIPMENT FOR THE ROBBERY DETAIL OF THE POLICE DEPARTMENT AT A TOTAL COST OF $2,653.50 (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. Gibson, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 57, BID AWARD - RIVERSIDE SANITARY SEWER MODIFICATIONS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 72=214 A RESOLUTION AWARDING THE BID RECEIVED MAY 16, 1972, OF FLORIDA UNDERGROUND UTILITIES INC., IN THE ESTIMATED AMOUNT OF $34,100 FOR THE RIVERSIDE SANITARY SEWER MODIFICATIONS; AND ALLOCATING THE AMOUNT OF $38,200 FROM THE ACCOUNT ENTITLED "SANITARY SEWER BOND FUND" AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR 52 MAY 19, 1972 (Here follows body of resolution, omitte:i here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 58, BID AWARD - CRYSTAL STORM SEWER PROJECT- 1972 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 72-215 A RESOLUTION AWARDING THE BID RECEIVED MAY 19, 1972 OF FLORIDA UNDERGROUND UTILITIES INC., IN ESTIMATED AMOUNT OF $148,907.27 FOR THE CRYSTAL STORM SEWER PROJECT - 1972; ALLOCATING THE AMOUNT OF $166,776.00 FROM THE ACCOUNT ENTITLED "STORM SEWER BOND FUND' AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 59, BID AWARD - MIAMARINA IMPROVEMENTS - 1972 The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-216 A RESOLUTION AWARDING THE BID RECEIVED MAY 16, 1972 OF DOCK AND MARINE CONSTRUCTION INC., IN ESTIMATED AMOUNT OF $36,175 FOR MIAMARINA IMPROVEMENTS - 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 Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 60. BID AWARD - ORANGE BOL PUBLIC ADDRESS SYSTEM 1972 The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 72-217 A RESOLUTION AWARDING THE BID RECEIVED MAY 18, 1972 OF BARTLETT CONSTRUCTION INC. IN THE ESTIMATED AMOUNT OF $74,000 FOR THE ORANGE BOWL PUBLIC ADDRESS SYSTEM - 1972; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT THEREFOR AND APPROPRIATING AN ADDITIONAL AMOUNT OF $20,000 FROM THE ORANGE BOWL 53 may 19, 1972 (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. Gibson, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: None 61. BID AWARD - TRENCHING MACHINE - IL F. MASON EQUIPMENT CORP. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO.72-218 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO H. F. MASON EQUIP- MENT CORP. FOR THE PURCHASE OF TRENCHING MACHINE AT A COST OF $3,857.00 AUTHORIZING SAID PURCHASE TO BE MADE FROM FUNDS PREVIOUSLY ALLOCATED BY RESOLUTION NO. 72-7 FOR PARK IMPROVEMENTS TO MOORE AND MANOR PARKS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES:, Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 62, BID AWARD - MOORE PARK SHELTERS - WAYNE BLACKWELL AND CO.. INC. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 72-219 A RESOLUTION AWARDING THE BID RECEIVED MAY 17, 1972 OF WAYNE BLACKWELL AND CO., INC. IN THE ESTIMATED AMOUNT OF $39,321.00 FOR THE MANOR AND MOORE PARK SHELTERS - 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 Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 63, BID AWARD - MANOR-MOORE PARK TENNIS COURT RENOVATION-C.AJ)AVIS INC. The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-220 A RESOLUTION AWARDING THE BID RECEIVED MAY 18, 1972 OF C. A. DAVIS, INC., IN THE ESTIMATED AMOUNT OF $96,646.00 FOR THE MANOR AND MOORE PARKS - TENNIS COURT RENOVATION - 1972; AND AUTHORIZINGITHE CITY MANAGER TO EXECUTE A CONTRACT 54 MAY 19, 1972 (Here follows body of resolution, omitte here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 64. FEDERAL GRANT APPLICATION- DEPT, OF JUSTICE- FOR "ORGANIZED CRIME FIGHTING TEAM PROJECT' The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-221 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ADMIN- ISTRATION, TO INITIATE A PROJECT ENTITLED "ORGANIZED CRIME FIGHTING TEAM PROJECT", AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THE PROJECT IN ANTIC- IPATION OF THIS PROGRAM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 65, PUBLIC HEARING -PRELIMINARY BUDGET- DEPT. OF WATER AND SEWERS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-222 A RESOLUTION AUTHORIZING AND INSTRUCTING THE CITY CLERK TO PUBLISH TWICE, ONCE IN EACH OF THE TWO SUCCESSIVE WEEKS, IN A DAILY NEWSPAPER PUBLISHED IN THE CITY OF MIAMI, THE NOTICE HEREIN SET FORTH PROVIDING FOR A PUBLIC HEARING ON THE PRELIMINARY BUDGET OF CURRENT EXPENSES AND OF CAPITAL EXPEND- ITURES OF THE WATERWORKS SYSTEM, DEPARTMENT OF WATER AND SEWERS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR ENDING JUNE 30, 1973; FURTHER AUTHORIZING AND INSTRUCTING THE CITY CLERK TO MAIL COPIES OF SUCH NOTICE AT LEAST TEN DAYS BEFORE SUCH HEARING TO ALL WHO ARE ENTITLED THERETO UNDER THE PROVISIONS OF SECTION 4 OF ARTICLE IV OF THE TRUST INDENTURE DATED DECEMBER 1, 1940 SECURING THE CITY OF MIAMI WATER REVENUE BONDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 55 MAY 19, 1972 • • 66. EXECUTE QUIT. CLAIM DEED - DELIVER TO IIOLY CROSS EPISCOPAL CHURCH The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 72-223 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND DELIVER TO THE HOLD CROSS EPISCOPAL CHURCH, A QUIT -CLAIM DEED FOR A SMALL AREA OF PUBLIC RIGHT-OF-WAY CONTIGUOUS TO LOTS 4 AND 5, BLOCK 3, COMMERCIAL BUENA VISTA (14-56) LOCATED AT THE SOUTHEAST CORNER OF N. E. 1 AVENUE AND 38 STREET (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: NOne 67. PURCHASE OF PARCEL 88 N-7088.21 CITY OF MIAMI DOWNTOWN GOVT.CENTER The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-224 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL 88 N-7088.21 OF THE CITY OF MIAMI DOWN- TOWN GOVERNMENT G'ENTER, AS DESCRIBED HEREIN, FOR THE SUM OF $69,012.50; AND ALLOCATING $70,512.50 FROM THE POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES BOND FUND TO COVER THE COST AND OTHER MISCELLANEOUS EXPENSES PERTINENT TO THE ACQUIS- ITION OF FEE SIMPLE TITLE TO THIS PROPERTY, AND AUTHORIZING THE CITY MANAGER TO ACCOMPLISH BUILDING DEMOLITION ON SAID PROPERTY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Plummer, Mrs. Gordon and Mayor Kennedy. NOES: NOne 68. PURCHASE OF PARCEL 88 N-7088J.O -CITY OF MIAMI DOWNTOWN GOVT.CENTER The following resolution was introduced byReverend Gibson who moved its adoption: RESOLUTION NO. 72-225 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE BY NEGOTIATION IN LIEU OF CONDEMNATION PARCEL 88N-7088.10 OF THE CITY OF MIAMI DOWNTOWN GOVERNMENT CENTER, AS DESCRIBED HEREIN, FOR THE SUM OF $24,020; AND ALLOCATING $24,520 FROM POLICE HEADQUARTERS BOND FUND TO COVER THE COST AND OTHER MISCELLANEOUS EXPENSES' PERTINENT TO THE ACQUISITION OF FEE SIMPLE TITLE TO THIS PROPERTY, 56 MAY 19, 1972 AND AUTHORIZING THE CITY MANAGER TO ACCOMPLISH BUILDING DEMOLITION ON SAID PROPERTY (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the reeolutapn was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: NOne 69. RESTRICTIVE COVENANT - PLAZA VENETIA The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-226 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT ON BEHALF OF THE CITY OF MIAMI FOR FLORIDA EAST COAST PROP- ERTIES INC. FOR THE DEVELOPMENT OF PLAZA VEN- ETIA, COPY OF SAID RESTRICTIVE COVENANT BEING ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; SUBJECT TO RECORDING FORMAL 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. Plummer, Gibson Mrs. Gordon aid Mayor Kennedy. NOES: None 70, FEDERAL GRANT APPLICATION -DEPARTMENT OF JUSTICE FOR CITY OF MIAMI POLICE SURVEILLANCE OPERATION The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-227 A RESOLUTION CONFIRMING THE ACTION TAKEN BY THE CITY MANAGER IN THE SUBMISSION OF A FEDERAL GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE, LAW ENFORCEMENT ADMINISTRATION, TO INITIATE A PROJECT ENTITLED "CITY OF MIAMI POLICE SURVEILLANCE OPER- ATION"; AND FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE CONTRACTS AND AGREEMENTS NECESSARY TO IMPLEMENT THE PROJECT IN ANTICIPATION OF THIS PROGRAM (Here follow body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. 57 MAY 19, 1972 71. LANDSCAPE MAINTENANCE - 79TH STREET CAUSEWAY The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 72-228 A RESOLUTION AUTHORIZING THE CITY MANAGER TO COMMIT JOINTLY WITH THE CITY OF NORTH BAY VILLAGE, THE MAINTENANCE OF LANDSCAPING ON THE 79TH STREET CAUSE- WAY TO BE INSTALLED BY THE STATE DEPARTMENT OF TRANS- PORTATION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 72. EXTEND LEASE AGREEMENT - BALTIMORE BASEBALL CLUB INC. The following resolution was introduced by Reverend Gibson who moved its adoption: RESOLUTION NO. 72-229 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN EXTENSION OF LEASE AGREEMENT, AS PROVIDED BY OPTIONS IN THE EXISTING AGREEMENT BETWEEN THE CITY OF MIAMI AND BALTIMORE BASEBALL CLUB, INC., FOR AN ADD- ITIONAL PERIOD FROM FEBRUARY 20, 1973 THROUGH APRIL 6, 1973 A COPY OF SAID EXTENSION OF LEASE AGREEMENT BEING ATTACHED TO THE RESOLUTION (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mr. Plummer, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy . NOES: NOne 73, CLAIM SETTLEMENT - HERBERT T. HANKS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-230 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY HERBERT T. HANKS, WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $350.00 IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST THE CITY OF MIAMI AND WILLIE JAMES GORDON, A CITY POLICE OFFICER, FOR ALLEGED DAMAGES AND PERSONAL INJURIES SUSTAINED BY HIM, UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI AND ITS POLICE OFFICER FROM ALL CLAIMS AND DEMANDS (Here follows body of resolution, omitted here and on file in the City Clerks Office) 58 MAY 19, 1972 Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NO ES: None 74. CITY OF MIAMI RETIREMENT SYSTEM- APPTG. J._ L. PLUMMER The following resolution was introduced by Mayor Kennedy who moved its adoption: RESOLUTION NO. 72-231 A RESOLUTION APPOINTING CITY COMMISSIONER J. L. PLUMMER JR., AS THE CITY COMMISSION'S REPRESENTATIVE ON THE CITY OF MIAMI RETIRE- MENT SYSTEM, INVESTMENT COMMITTEE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Gibson, Mrs. Gordon and Mayor Kennedy. ABSTAINING: Mr. Plummer Prior to introduction of the resolution, the Mayor surrendered the chair to Vice Mayor Gordon and following the adoption of the resolution, the mayor resumed the chair 75. HIRING OF LAW FIRM FOR CONDEMNATION PROCEEDINGS The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 72-232 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO RETAIN HOWARD HADLEY, ESQ. OF THE LAW FIRM OF SCOLFIELD, GILMAN, COOPER, NICHOLS, TATICH AND ADAMS OF WINTER PARK, FLORIDA, TO REPRESENT THE CITY OF MIAMI IN ALL ITS CONDEM- NATION PROCEEDINGS FOR A RETAINER OF $5,000.00 AND THE PAYMENT OF SUCH ATTORNEY'S SERVICES TO COME OUT OF THE PROCEEDINGS OF THE BOND ISSUE (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: None 76. CONDEMNATION PROCEEDINGS - INCURRING NECESSARY EXPENSES The following resolution was introduced by Mr. Plummer who moved its adoption: RESOLUTION NO. 233 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INCUR THE NECESSARY EXPENSE FOR THE RETENTION OF THOSE PERSONS TO SUPPLY INFORMATION OR EXPERTISE FOR THE PURPOSE OF INSTITUTING CON- DEMNATION PROCEEDINGS WHICH SHALL INCLUDE BUT NOT BE LIMITED TO APPRAISALS, ABSTRACTS, SURVEYS, AND ANY OTHER SUCH EXPENSES WHICH MAY BE NECESSARY, THE SAID SUMS TO BE REIMBURSED FROM THE PROCEEDS OF THE BOND ISSUE 59 MAY 19, 1972 (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Mrs. Gordon, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, Mrs. Gordon and Mayor Kennedy. NOES: NOne 77. INSTITUTION OF CONDEMNATION PROCEEDINGS FOR PUBLIC PARKS The following resolution was introduced by Mrs. Gordon who moved its adoption: RESOLUTION NO. 72-234 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION AND EMINENT DOMAIN PROCEEDINGS TO ACQUIRE FOR PUBLIC PARK, RECREATION AND OPEN SPACE USE ALL OF THE PROP- ERTIES REQUIRED TO BE CONDEMNED UNDER THE TERMS OF THE MARCH 14, 1972 BOND ISSUE PROGRAM (Here follows body of resolution, omitted here and on file in the City Clerks Office) Upon being seconded by Reverend Gibson, the resolution was passed and adopted by the following vote - AYES: Messrs. Plummer, Gibson, MRs. Gordon and Mayor Kennedy. NOES: None MAY 19, 1972 6o 78, AMENDMENT TO An Ordinance RETIREMENT ORDINANCE entitled - AN ORDINANCE AMENDING THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT PLAN (ORDINANCE NO. E624, MAY 2, 1956, AS AMENDED); AS APPEARING IN CODI- FICATION FORM AS A PART OF CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1957, AS AMENDED, MORE PARTICULARLY AMENDING SUB -SECTION 2-109 OF SAID CHAPTER 2, BY DELETING THEREFROM SUB -PARAGRAPHS 4(b), 4(c), AND 4(d) AND SUB- STITUTING A NEW SUB -PARAGRAPH 4(b) THEREBY ELIMINATING THE FORMER MANDATORY REDUCTION OF THE RETIREMENT ALLOWANCE OF AN EMPLOYEE RETIRED ON ACCOUNT OF ORDINARY DISABILITY BY ANY BENEFITS RECEIVED FROM THE FEDERAL SOCIAL SECURITY PROGRAM, SAID NEW PARAGRAPH READING AS FOLLOWS: "A PENSION WHICH, TOGETHER WITH HIS ANNUITY, IF ANY, SHALL PROVIDE A TOTAL RETIREMENT ALLOWANCE EQUAL TO NINETY PER CENT OF THE PROPORTION OF HIS AVERAGE FINAL COMPENSATION SPECIFIED AS THE RATE OF BENEFIT FOR HIS GROUP AND CLASSIFICATION, AS PROVIDED UNDER SECTION (2-106(4), MULTIPLIED BY THE NUMBER OF YEARS OF HIS CREDITABLE SERVICE, IF SUCH RETIREMENT ALLOWANCE EXCEEDS THIRTY PER CENT OF HIS AVERAGE FINAL COMPENSATION; OTHERWISE A PENSION WHICH, TOGETHER WITH HIS ANNUITY, IF ANY, SHALL PROVIDE A TOTAL RETIREMENT ALLOWANCE EQUAL TO NINETY PER CENT OF SUCH PROPORTION OF HIS AVERAGE FINAL COMPENSATION, MULTIPLIED BY THE NUMBER OF YEARS WHICH WOULD BE CREDITABLE TO HIM, WERE HIS SERVICE TO CONTINUE UNTIL THE ATTAINMENT OF THE MINIMUM SERVICE RETIRE- MENT AGE FOR HIS GROUP AND CLASSIFICATION, SO FAR AS THE RESULTING TOTAL RETIREMENT ALLOWANCE SHALL NOT EXCEED THIRTY PER CENT OF HIS AVERAGE FINAL COMPENSATION." AND CONTAINING A SEVERABILITY PROVISION; DIS- PENSING WITH THE REQUIREMENT OF READING THIS ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THEN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. was introduced by Mayor Kennedy and 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. Gibson, Plummer, Mrs. Gordon and Mayor Kennedy, Whereupon the Commission on motion of Mayor Kennedy, seconded br Mrs. Gordon, adopted said ordinance by the following vote . AYES: Messrs. Gibson, Plummer, Mrs. Gordon and Mayor Kennedr. NOES; None Said Ordinance was designated Ordinance No. 8059. 61 MAY 19, 1972 • • NOTE: Prior to the introduction of the Ordinance, the Mayor surrendered the chair to Vice Mayor Gordon and following the adoption of the ordinance, the Mayor resumed the chair. ADJOURNMENT: There being no further business to come before the Commission, on motion duly made and seconded, the meeting was adjourned at 5:00 o'clock P.M. this date. ATTEST: H. D. SOUTHERN CITY CLERK DAVID D. KENNEDY MAYOR 62 MAY 19, 1972 CiT IVI ?AMI ITEM N0. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. DOCUMENT MEETING DATE: INDEXMAY 19, 1972 DOCUMENT IDENTIFICATION COMMISSION AGENDA & CITY CLERK REPORT (26 pgs.) ACCEPT REPORT - SOLID WASTE MANAGEMENT STUDY DEVELOP PLANS - SOLID WASTE DISPOSAL PROGRAM AMEND ORDIN. No. 6871 - OFF-STREET PARKING CONDITIONAL USE - LOTS 6 THRU 10, & LOTS 23 THRt 27, 1550 BISCAYNE BLVD. VARIANCE - LOT 42, 1835 S. BAYSHORE DR. VARIANCE - LOT 9, BLK. 4, 2 N.E. 51 ST. VARIANCE - LOT 3, BLK. 4, 4060 N.W. 6 ST. ALLEY CLOSURE - N-S ALLEY BETWEEN N.W. 20 & 21 STS. & N.W. 15 & 17 AVES. VARIANCE - LOTS 23 THRU 27, BLK. 41 3205 S.W. 27 AVE. AMEND ORDIN. SECTION 55-1 THRU 55-7 - ELECTRI- CITY, METERED GAS, BOTTLED GAS, TELEPHONE SER- VICE, TELEGRAPH SERVICE & WATER SERVICE VARIANCE - LOT 15, BLK. 6, 3151 N.W. 2 ST. TRAFFIC HAZARD - DRAINAGE CONDITIONS - SOUTH DIXIE HIGHWAY COMMISSION POLICY - GAS LIGHTED TORCH - GIRON MONUMENT VARIANCE - LOT 16, 17 & 18, BLK. 4, 769 N.W. 54 ST. CLAIM SETTLEMENT - HARTFORD HOUSE D/B/A SITCH REALTY CLAIM SETTLEMENT - CARLOS GUTIERREZ CLAIM SETTLEMENT - WILLIAMS H. PULLINS JR. CLAIM SETTLEMENT - FRANCES FANDREY CLAIM SETTLEMENT - MR. J. ARONSON CLAIM SETTLEMENT - ELEANOR & JOHN CHEEK CLAIM SETTLEMENT - RICHARD D. LEE COMMISSION ACTION RETRIEVAL CODE NO. R-72-171 R-72-172 DISCUSSION R-72-173 R-72-174 R-72-175 R-72-176 R-72-178 R-72-181 DISCUSSION R-72-179 R-72-186 R-72-190 R-72-191 R-72-192 R-72-193 R-72-194 R-72-195 R-72-196 R-72-197 R-72-198 0079 72-171 72-172 0080 72-173 72-174 72-175 72-176 72-178 72-181 0081 72-179 72-186 72-190 72-191 72-192 72-193 72-194 72-195 72-196 72-197 72-198 (CON!T NFXT PIAGFI ITEM NO. DOCUMENT IDENTIFICATION 23. ,CLAIM SETTLEMENT - SAMUEL HABER 24. CLAIM SETTLEMENT - CHARLIE POLLARD 25. CLAIM SETTLEMENT - GOLDIE P. HAYES 26. USE - GULFSTREAM ROOM - BAYFRONT AUDITORIUM 27. USE - BAYFRONT PARK AUDITORIUM - BOOKER T. WAS- HINGTON COMMUNITY SCHOOL 28. PUBLIC HEARING - PRELIMINARY BUDGET 29. ACCEPT COMPLETED WORK - REBCO SANITARY SEWER MODIFICATIONS - 1972 30. ACCEPT COMPLETED WORK - MODEL CITIES BEAUTIFI- CATION - 1971 31. GRANT APPLICATION - LIBERTY SANITARY SEWER IMPROVEMENT SR-5262 32. AQUISITION OF LAND - LIBERTY SANITARY SEWER IMPROVEMENT SR-5262 33. SPECIAL ASSESSMENT - GROVE SANITARY SEWER IMPROVEMENT DISTRICT 34. PURCHASE ORDER - REPLACEMENT ENGINES, TRANS- MISSIONS & OTHER MODIFICATIONS 35. PURCHASE ORDER - N.W. 22 LANE & N.W. 23 ST. - SIDEWALK PROJECT -4341-E 36. ACCEPT BID - INSURANCE POLICY 37. ACCEPT BID - ROBBERY BAIT MONEY PACKS 38. ACCEPT BID - RIVERSIDE SANITARY SEWER MODIFI- CATION 39. ACCEPT BID - CRYSTAL STORM SEWER PROJECT - 197 40. ACCEPT BID - MIAMARINA IMPROVEMENTS - 1972 41.1 ACCEPT BID - OP.AMGE BOWL - PUBLIC ADDRESS SYS- TEM - SPEAKER Tower - 1972 42. PURCHASE ORDER - TRENCHING MACHINE 43. ACCEPT BID - MANOR & MOORE PARK SHELTERS -1972 44. ACCEPT BID - MANOR & MOORE PARKS - TENNIS COURT RENOVATION - 1972 45. FEDERAL GRANT APPLICATION - ORGANIZED CRIME FIGHTING TEAM PROJECT 46. PUBLIC HEARING - PRELIMINARY BUDGET 47. QUIT -CLAIM DEED - LOTS 4 & 5 BLK. 3, S.E. COR- NER N.E. 1 AVE. & 38 ST. DOCUMENIRNDE] CONTINUED r cot41IS' ION 1 ACTIQN CODE NO R-72-199 72-199 R-72-200 72-200 R-72-201 72-201 R-72-202 72-202 R-72-203 72-203 R-72-204 72-204 R-72-205 72-205 R 72-206 72-206 R-72-207 72-207 R-72-208 72-208 R-72-209 72-209 R-72-210 72-210 R-72-211 72-211 R-72-212 72-212 R-72-213 72-213 R-72-214 72-214 R-72-215 72-215 R-72-216 72-216 R-72-217 72-21 R-72-218 72-21 R-72-219 72-21 R-72-220 72-2 R-72-221 72-2 R-72-222 72 R-72-223 72 (CON'TNEXT pAGE) DOCUMENT4NDE) CONTINUED ,ITEM NO. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. DOCUMENT IDENTIFICATION ,CLAIM SETTLEMENT - SAMUEL HABER CLAIM SETTLEMENT - CHARLIE POLLARD CLAIM SETTLEMENT - GOLDIE P. HAYES USE - GULFSTREAM ROOM - BAYFRONT AUDITORIUM USE - BAYFRONT PARK AUDITORIUM - BOOKER T. WAS- HINGTON COMMUNITY SCHOOL PUBLIC HEARING - PRELIMINARY BUDGET ACCEPT COMPLETED WORK - REBCO SANITARY SEWER MODIFICATIONS - 1972 ACCEPT COMPLETED WORK - MODEL CITIES BEAUTIFI- CATION - 1971 GRANT APPLICATION - LIBERTY SANITARY SEWER IMPROVEMENT SR-5262 AQUISITION OF LAND - LIBERTY SANITARY SEWER IMPROVEMENT SR-5262 SPECIAL ASSESSMENT - GROVE SANITARY SEWER IMPROVEMENT DISTRICT PURCHASE ORDER - REPLACEMENT ENGINES, TRANS- MISSIONS & OTHER MODIFICATIONS PURCHASE ORDER - N.W. 22 LANE & N.W. 23 ST. - SIDEWALK PROJECT -4341-E ACCEPT BID - INSURANCE POLICY ACCEPT BID - ROBBERY BAIT MONEY PACKS ACCEPT BID - RIVERSIDE SANITARY SEWER MODIFI- CATION ACCEPT BID - CRYSTAL STORM SEWER PROJECT - 197 ACCEPT BID - MIAMARINA IMPROVEMENTS - 1972 ACCEPT BID - ORANGE BOWL - PUBLIC ADDRESS SYS- TEM - SPEAKER Tower - 1972 PURCHASE ORDER - TRENCHING MACHINE ACCEPT BID - MANOR & MOORE PARK SHELTERS -1972 ACCEPT BID - MANOR & MOORE PARKS - TENNIS COURT RENOVATION - 1972 FEDERAL GRANT APPLICATION - ORGANIZED CRIME FIGHTING TEAM PROJECT PUBLIC HEARING - PRELIMINARY BUDGET QUIT -CLAIM DEED - LOTS 4 & 5 BLK. 3, S.E. COR NER N.E. 1 AVE. & 38 ST. COMMISSI6N ACIInN R-72-199 R-72-200 R-72-201 R-72-202 R-72-203 R-72-204 R-72-205 R 72-206 R-72-207 R-72-208 R-72-209 R-72-210 R-72-211 Cl�F21 72-199 72-200 72-201 72-202 72-203 72-204 72-205 72-206 72-207 72-208 72-209 72-210 72-211 R-72-212 72-212 R-72-213 72-213 R-72-214 72-214 R-72-215 72-215 R-72-216 72-216 R-72-217 72-21_ R-72-218 72-21 R-72-219 72-21 R-72-220 72-2" R-72-221 72-2 R-72-222 72 R-72-223 72- (CON_' T _ NEXT PAGE) DOCUMENTINDE) CONTINUED ITEM NO. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. DOCUMENT IDENTIFICATION CONDEMNATION PARCEL 88 N - 7088.21 - DOWNTOWN GOVERNMENT CENTER CONDEMNATION PARCEL 88 N -7088.10 - DOWNTOWN GOVERNMENT CENTER RESTRICTIVE COVENANT - DEVELOPMENT OF PLAZA VENETIA FEDERAL GRANT APPLICATION - CITY OF MIAMI POLICE SURVEILLANCE OPERATION COMMIT JOINTLY - NORTH BAY VILLAGE - MAINTENANCE LANDSCAPING 79 ST. CAUSEWAY EXTEND LEASE AGREEMENT - BALTIMORE BASEBALL CLU3 INC. - USE MIAMI BASEBALL STADIUM CLAIM SETTLEMENT - HERBERT T. HANKS APPOINT & ELECT - REPRESENTATIVE INVESTMENT COMMITTEE - EMPLOYEES' RETIREMENT SYSTEM & PLAN - J.L. PLUMMER JR. LEGAL SERVICES - CONDEMNATION PROCEEDINGS - HOWARD HADLEY RETENTION OF EXPERTS - INSTITUTING CONDEMNATION PROCEEDINGS OPEN SPACE LAND AREAS - ADDITIONAL PARKS at.gitsfbN ACTT flN R-72-224 R-72-225 R-72-226 R-72-227 R-72-228 R-72-229 R-72-230 R-72-231 R-72-232 R-72-233 R-72-234 RETRIEVAL CODE NO 72-224 72-225 72-226 72-227 72-228 72-229 72-230 72-231 72-232 72-233 72-234