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HomeMy WebLinkAboutCC 1985-04-18 MinutesCITY OF MIAMI COMMISSION MIN- T ES April 18 1985 OF MEETING HELD ON (PLANNING & ZONING) PREPARED BY THE OFFICE OF THE CITY TY CLERK RALPH G.. ONGIE CITY CLERK MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA APRIL 18, 1985 ITEM SUBJECT NO. LEGISLATION PAGE 110. 1 EXECUTE CONTRACT: UNITED STATES OF AMERICA- PUBLIC PARK CONVEYANCE OF WARRANTY DEED UPLAND AND SUBMERGED LAND (BAYFRONT PARK BAYWALK PROJECT). 9-85-435 2 APPROVE DONATION OF 2-CONFISCATED BICYCLES BOYS AND 2- CONFISCATED BICYCLES GIRLS TO METRO FOR NEIGHBORHOOD CENTERS ACTIVITY PROGRAM. R-85-436 3 INSTRUCT PROCLAMATION BE PREPARED TO COMMEMORATE RETIREMENT %04 &a&%. EERNIE ROSEN. M-85-437 4 REFER TO CITY MANAGER REQUEST: ASSOCIACION DE ARTISTAS LATINO AMERICANOS FOR WAIVER OF FEE FOR COCONUT GROVE EXHIBITION CENTER. -MANAGER TO RECOMMEND. M-85-438 5 ALLOCATE $600. IN SUPPORT OF PUBLIC FAIR BY CUBAN MUNICIPALITIES IN EXILE APRIL 25-28 UPON COMPLIANCE WITH ADMINISTRATIVE POLICY. R-85-439 6 REQUEST FLORIDA LEGISLATURE TO AMEND CHAPTER 159 FLORIDA STATUTES PROVIDE FOR CONCURRENCE OF MUNICIPALITIES IN RELOCATION OF BUSINESSES USING COUNTY ISSUED INDUSTRIAL DEVELOPMENT BONDS. R-85-440 7 REFER TO PLANNING ADVISORY BOARD PROPOSED ORDINANCE IN CONNECTION WITH POLITICAL SIGNS. M-85-441 8 EXPRESS POSITION OF CITY COMMISSION IN SUPPORT OF FREEDOM FIGHTERS OF NICARAGUA. R-85-442 9 DISCUSSION ITEM: HOUSING FACILITIES METRO DADE- NATIONNAL TENANT ORGANIZATION REQUEST FOR FUNDS. DISCUSSION 10 DISCUSSION AND TEMPORARY DEFERRAL: OUTSIDE LEGAL COUNSEL MORGAN, LEWIS AND BOCKIUS-FIELD OF LABOR LAW. DISCUSSION 11 AMEND AGREEMENT. 3 NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS TO WAIVE REQUIREMENT TO GENERATE THE AMOUNT OF $129250. REQ. BY ART. III SEC. 3.2 OF CONTRACT. R-85-443 12 EXECUTE AGREEMENT. MIAMI DESIGN PLAZA MERCHANTS ASSOCIATION ALLOCATE $809000 FORMALIZING MOTION 85-2819 85-348. R-85-444 13 EXECUTE AGREEMENT LOURDES SLAYZK PROFESSIONAL SERVICES DOWNTOWN DEVELOPMENT PLAN DRI PROJECT. R-85-445 14 EXECUTE AGREEMENT: ZELKA BILBIJA-PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH DOWNTOWN DEVELOPMENT PLAN-DRI PROJECT. R-85-446 15 EXECUTE AGREEMENT: ANA GELABERT-PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH DOWNTOWN DEVELOPMENT PLAN- DRI PROJECT. R-85-447 1-4 5 0 6-7 7-8 8-9 11 11-12 12-14 14-16 17 18 19 19 it # 16 REQUEST MADE BY MRS. T. GIBSON=REFERRED TO CITY MANAGER. DISCUSSION 20 17 REQUEST METRO TO FUND TRIP TO WASHINGTON FOR FLORIDA TENANTS ASSOCIATION TO PARTICIPATE IN 5TH ANNUAL SAVE PUBLIC HOUSING DAY. M-$5=448 21 18 FIRST READING ORDINANCE: AN ORDINANCE AMENDING TEXT OF 9500, BY AMENDING SECTION 2026 "SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS" TO CLARIFY OUTDOOR ADVERTISING SIGN HEIGHT, ETC. 1ST READING 21 60 19 CHANGE OF ZONING CLASSIFICATION - 701-745 N.W.6 AVE. 619-831 A 700-746 N.W. 5 AVE; 464-518 A 463-467 N.W. 8 ST. AND 728-746 N.W. 4 AVE. FROM RG-2/6 TO CR 1/6. ORD. 9984 60-61 20 APPLY HC-1 HERITAGE CONSERVATION OVERLAY DISTRICT TO SUNSHINE FRUITS COMPANY INN-3940 MAIN HIGHWAY. ORD. 9985 61 r 21 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 3899 N.W. 7TH STREET FROM RG-2/4 TO CR-2/7 ORD. 9986 63 22 DEFERRAL OF CONSIDERATION OF SELECTION OF A DEVELOPER FOR PARCEL 37 SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT PHASE I. DISCUSSION 63-73 23 EXTEND OUTSIDE COUNSEL - FIRM OF MORGAN, LEWIS j AND BOCKIUS IN THE FIELD OF LABOR LAW. R-85-450 73 24 MIAMI CENTER II DEVELOPMENT ORDER EXTEND TIME AND SCHEDULE MATTER OF TEMPORARY CERTIFICATE OF OCCUPANCY AS IT RELATES TO PAVILLION HOTEL TO MAY 9 MEETING. R-85-451 M-85-452 73-75 25 AUTHORIZE SUBMIT GRANT PROGRAM FINAL STATEMENT HUD REQUESTING FUNDS IN THE AMOUNT OF - $149040,000:(A) ALLOCATING $1500009000 TO FUND BAKEHOUSE ART COMPLET, (B) INCREASE FUNDING TO WYNWOOD ECON. DEV. PROJ. TO $5090009 (C) ALLOCATE $100,000 FOR IMPLEMENTATION OF "LATIN QUARTER" (D) WITHHOLD FUNDING "MIAMI CAPITAL" .' UNTIL AUDIT, ETC. M-85-453 M-85-454 3;:.. M-85-455 M-85-456 76-99 R-85-457 26 FIRST READING ORDINANCE: AMEND SECTION I ORD. 8719 NEW TRUST AND AGENCY FUND COMMUNITY DEVELOPMENT BLOCK GRANT 11TH YEAR. 1ST READING 100 27 AWARD CONTRACT FOR DEMOLITION: CUYAHOGA - zi ` $1659000 BAYFRONT PARK AUDITORIUM. R-85-458 101 a_ 28 DISCUSSION ITEM: COMMISSIONER PLUMMER - CASH ' FLOW PROBLEMS IN COMMUNITY BASED ORGANIZATIONS - MANAGER REPORTS. DISCUSSION 103 �.. 29 SECOND READING ORDINANCE: TEXT AMENDMENT 9500 SPI-17 SOUTH BAYSHORE OVERLAY DISTRICT SUBSECTION 15172.2. 1 ORD. 9987 104 a 30 SECOND READING ORDINANCE: AMENDMENT "N" ORD. 9500 ACCESSORY CONVENIENCE ESTABLISHMENTS - ,�-'w TRAVEL AGENCIES. ORD. 9988 104 t 31 SECOND READING ORDINANCE. TEXT AMENDMENT 9500 RG-2.3 ESTABLISH MINIMUM OFF-ST. PARKING REQUIREMENTS FOR GROUND FLOOR COMMERCIAL -,, OPERATIONS, ORD. 9989 105 11 32 FIRST READING ORDINANCE: TEXT AMENDMENT ORD. 9500 AMEND ART. 21 NONCONFORMITIES, SEC. 210i, 2102.2.1.19 2102.2.1.2 NONCONFORMING DOTS, ETC. 1ST READING 106 33 FIRST READING ORDINANCE: TEXT AMENDMENT ORD. 9500 ART. 20 SEC. 2031 DRIVE IN ESTABLISHMENTS, CAR WASHES, ETC. 1ST READING 107 34 FIRST READINING ORDINANCE: PUBLIC HEARING. CHANGE ZONING CLASSIFICATIOON 3151-3199 S.W. 27 AVENUE, 2660 LINCOLN AVENUE, 2699 TIGERTAIL AVENUE FROM RG-2/5 W/SPI-3 OVERLAY TO RG-2/6 W/0 SPI-3 OVERLAY (A) INSTRUCT PLANKING DEPT. TO ACCELERATE STUDY OF 27 AVE. (B) WAIVE TIME LIMITS BETWEEN REZONINGS TO FACILITATE DEV. OF CITYI IN CONTEXT OF COMPREHENSIVE PLAN. 1ST READING M-85-459 M-85-460 108-134 35 FIRST READING ORDINANCE: PUBLIC HEARING CHANGE ZONING CLASSIFICATIOON 3151-3199 S.W. 27 AVENUE, 2660 LINCOLN AVENUE, 2699 TIGERTAIL FROM RG-2/6 TO PI -MU. 1ST READING 135 36 DISCUSSION ITEM: REQUEST FOR FUNDING BY GROUP PUTTING ON A PLAY AT COCONUT GROVE PLAYHOUSE. TICKET PURCHASE FOR UNDER PRIVILEGED CHILDREN CITY MANAGER SAYS NO FUNDS ARE AVAILABLE. DISCUSSION 136 37 DISCUSSION ITEM: W.A.S.A. (WATER AND SEWER) LITIGATION C.O.T.A.L. CONVENTION-RUSSIA MAY SEND OBSERVER-C.O.T.A.L. CONVENTION-NICARAGUA WILL SEND NO OBSERVER. DISCUSSION 136-138 A. MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 18th day of April, 1985, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:09 O'C1ock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre ABSENT: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo ALSO PRESENT: Randolph B. Rosenerantz, City Manager Lucia Allen Dougherty, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Mayor Ferre who then led those present in a pledge of allegiance to the flag. -------------------- -------------------- ------------------ -- 1. EXECUTE CONTRACT: UNITED STATES OF AMERICA - PUBLIC PARK CONVEYANCE OF WARRANTY DEED UPLAND b SUBMERGED LAND (BAYFRONT PARK BAYWALK PROJECT). ------------------------------------------------------------ Mayor Ferre: Is John Gilchrist around? A resolution au- thorizing the City Manager to execute a contract for lease between the City and the United States of America, we give them 5.69 acres and this is for the signing - on Bayfront Park, for that they're going to go ahead... Mr. Gilchrist: They're going to do 6.2 million dollars worth of in kind services for that. Mayor Ferre: And by the way, that definitely is not in jeopardy under any circumstances at this point, no matter what happens. Mr. Plummer: Well, let me ask a question, Maurice, because this is news to me. Why do we have to give them the proper- ty Mayor Ferre: The whole premise from the very beginning - well, because that's the law. The U.S. Corps of Engineers will not do anything unless they are the title owners of the property and this whole thing has been done on that premise. It doesn't make any difference anyway because what we're doing is giving them the Baywalk, they're building it... Mr. Gilchrist: year. They lease it back to us for a dollar a RT 1 April 18, 1985 t 1 0 0 Mr. Plummer: For how long a period? Mr. Gilchrist: Fifty years. That's all they're allowed to. Mr. Plummer: That's Fine, the Baywalk will deteriorate after that. My concern had to be that if we owned it and we ever wanted to do something with it that they would be the controlling factor but if they're leasing it back to us ... Well, let me ask a legal question, I guess. If the day ever came that the City ever wanted, for example, you are propos- ing a veranda with tables and chairs and serving things of that nature, under the new County Ordinance where they are in control of all waterfront, whether it be in municipali- ties or the monster Metro, that could be a problem or not? Mr. Gilchrist: Well, that would not be a problem with the Corps of Engineers in this agreement but it may be a problem locally with the County between the County and the City. We would have to, Commissioner, I think I'm not fully aware of all the details of the shoreline ordinance at this point but I believe we would have to have approval from advisory committee of the County. Mr. Plummer: I would like to see a copy of the lease prior to us approving it. Mr. Gilchrist: It is here, sir. Mr. Plummer: Well, I haven't had it. i Mr. Gilchrist: I know. Mr. Plummer: So you bring it back at the next meeting and we'll handle it then. Mr. Gilchrist: Yes, sir, but we are on schedule, I think you may have received a ... Mr. Plummer: Mr. Gilchrist, I have not seen the lease, I think I am entitled to see the lease. Mr. Gilchrist: May I say one thing, sir? It was before the Commission before and the lease was approved. Mayor Ferre: Have we voted on this, John? My recollection is we voted on this. Why is this coming back? Mr. Gilchrist: It came back because the Law Department -- asked me to bring this back before you. It has been ap- proved by a previous resolution and the only change was that in the submerged land area in which they are placing the rip -rap that area is a different land amount. Mayor Ferre: Madam City Attorney, just so we can get the clarification. We have voted on this lease previously, there is a technical change, is that what this is all about? Mrs. Dougherty: Yes, sir, Mr. Mayor. Mayor Ferre: Why wasn't this brought to the Commission before today, John? You know you've got the signing with Senator Pe pper on Monday, why wait until 9:00 0' Clock on a Commission day to do this? Mr. Gilchrist: We met with the Corps last Friday to final- ize this. I dictated a memo from Jacksonville but up until <Y that p point I was debating with the Law Department as to whether it had to come back or not because you had already ` authorized the City Manager to execute the agreement. RT 2 April 18, 1985 Mayor Ferre: And you lost. Mr. Gilchrist: Yes. Mayor Ferre: So all this does is clarify technically what we have already approved before because it gives a differ- ent description of the real estate. Mr. Gilchrist: Yes, sir, it does. Mayor Ferre: Now, do you have to have this by the Monday signing at noon? Mr. Gilchrist: Yes. There is a scheduled meeting to sign this agreement on Monday in Washington. Claude Pepper was instrumental in bringing this ... Mayor Ferre: By the way, I'm not going to be able to go. Mr. Gilchrist: I think the Commissioners have received invitations to attend that from Claude Pepper. Mayor Ferre: I can't go. Mr. Gilchrist: The only thing that is required of the City is the City Manager, the executive officer of the City and the City Attorney, Lucia Allen will be there, to sign it. Mayor Ferre: All right, Commissioner Dawkins will go up Friday to represent the Commission. And Mr. Manager, as I understand, you have to go, and you, Lucia, to sign, is that correct? Mr. Pereira: That's right, and I'll be going up Monday morning and coming back Monday afternoon. NOTE FOR THE RECORD: COMMISSIONER PEREZ ENTERED THE MEETING AT 9:14 A.M. Mayor Ferre: All right, J. L., what do you want to do on this? Mr. Plummer: Mr. Mayor, I would be in accord of approving it here subject to my being able to read it, but any one member of the Commission before Monday morning would have the right to veto it. Mayor Ferre: That's fine, that's acceptable to me. With that premise, is there a motion? Mr. Plummer: I would so move, and, of course, Mr. GiLchrist, that behooves you, sir, to get me a copy of that lease and be available for discussion if I need. Mr. Gilchrist: Yes, sir. HT The following resolution was introduced by Commissioner 3 April 18, 1985 - i Plummer, who moved its adoption: RESOLUTION NO. 85-435 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND A LEASE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED HERETO A BETWEEN THE CITY OF MIAMI AND THE UNITED STATES OF AMERICA FOR PUBLIC PARK AND RECRE= ATIONAL PURPOSES AT BAYFRONT PARK, MIAMI HARBOR AND FURTHER, AUTHORIZING THE EXECU= TION AND CONVEYANCE OF A WARRANTY DEED TO THE UNITED STATES OF AMERICA FOR A TOTAL OF 5.69 ACRES OF UPLAND AND SUBMERGED LAND AS DESCRIBED IN EXHIBIT B OF THE AFOREMENTIONED AGREEMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Commissioner Commissioner Mayor Maurice NOES: None. Miller J. Dawkins J. L. Plummer, Jr. Demetrio J. Perez, Jr. A. Ferre ABSENT: Vice -Mayor Joe Carollo ------------------- ------------- --------------- ------------- 2. APPROVE DONATION OF 2-CONFISCATED BICYCLES BOYS AND 2- CONFISCATED BICYCLES GIRLS TO METRO FOR NEIGHBORHOOD CENTERS ACTIVITY PROGRAM. ---------------------------------- --------------- ----------- Mr. Dawkins: Mr. Mayor, I have one pocket item. Last year this Commission voted, we were asked by the Department of Human Resources and their Neighborhood Centers to donate four bicycles from the confiscated bicycles that we have to raffle off and give to needy youngsters. We voted to do this last year and they have not received the bicycles. I would like to offer a resolution now that we give four of the bicycles, two boys and two girls that we have in the pound to Mr. E. M. Taylor of Human Resources of Dade County and that this resolution come back for the second reading this afternoon so that I will not be caught in a bind. Mr. Plummer: You don't need a second reading on a resolu- tion. Mr. Dawkins: I don't know, well, whatever it is, Mr. Plummer, we authorized this last year and they have not received the bicycles as of yet and when I checked with the Property Department of our Police Department yesterday they told me that although we passed a motion we never finalize, we did not pass a resolution. Mr. Plummer: Oh, yes, Okay. RT 4 April 18, 1985 The following resolution was introduced by Commissioner Dawkins, who moved its adoptions RESOLUTION NO. 85-436 A RESOLUTION APPROVING THE DONATION OF 2 CONFISCATED BOYS' BICYCLES AND 2 CONFISCATED GIRLS' BICYCLES TO METROPOLITAN DADE COUNTY TO BE UTILIZED IN SUPPORT OF ITS SCHEDULED NEIGHBORHOOD CENTERS ACTIVITY PROGRAM TO BE CONDUCTED BY THE METROPOLITAN DADE COUNTY DEPARTMENT OF HUMAN RESOURCES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo Mr. Dawkins: Now, what do I have to do now, Madam City Attorney, to be sure that this gets done? Mr. Pereira: Nell follow up. -------------------- ------------ ---------------------------- 3. INSTRUCT PROCLAMATION BE PREPARED TO COMMEMORATE RETIRE- MENT OF Mr. BERNIE ROSEN. ------------------------------------------------ ---------- -- Mr. Plummer: Mr. Mayor, the only pocket item I would like to bring up is I'm sure we're all aware that really two institutions in this town are retiring and they are both with Channel 4, one, of course, is Ralph Renick and the other one is Bernie Rosen. Mr. Mayor, there is a dinner scheduled on Saturday evening, I think it is, at Grove Isle, but I think it would be in order that this man who has served this community for 34 years in the media, that this City would issue a proclamation upon his retirement and I would so move that the City Clerk - well, I guess it wouldn't be the City Clerk, that a proclamation be prepared for reading at that retirement dinner on Saturday night for Bernie Rosen. I will be in attendance, I'm not trying to placate anyone, but I just wanted to make sure that the City had that proclamation available and I would so move that at this time that this City Commission recognize the fine community involvement of Mr. Bernie Rosen upon his retire- ment and that a proclamation of this City be presented at his retirement dinner on Saturday evening. I so move. The following motion was introduced by Commissioner RT 5 April 18, 1985 Plummer, who moved its adoption: MOTION NO. 85-437 A MOTION DIRECTING THE CITY MANAGER TO HAVE THE APPROPRIATE PROCLAMATION DRAFTED AND PREPARED TO BE PRESENTED TO Mr. BERNIE ROSEN UPON HIS RETIREMENT AT A DINNER TO TAKE PLACE THIS COMING SATURDAY IN GROVE ISLE, IN RECOGNITION OF HIS MANY YEARS OF SERVICE TO THE CITY. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Vice -Mayor Joe Carollo ----------------- ----- --------------------- ----- ------------ 4. REFER TO CITY MANAGER REQUEST: ASSOCIACION DE ARTISTAS LATINAMERICANOS FOR WAIVER OF FEE FOR COCONUT GROVE EXHIBITION CENTER - MANAGER TO RECOMMEND. ------------------------------------------------------------ Mr. Perez: Mr. Mayor, I would like to recognize Ernesto Avignon who has a request of the City. I think he has presented it to all the members of the Commission, no? Would you explain what is the festival... Por que no hable por el microfono? Mr. Avignon's Statements as translated by Aurelio Perez- Lugones: Mr. Avignon: My name is Ernesto Avignon. I am a President of the Association of Arts and Culture for Latin America. We are going to present at the Dinner Key the first chil- dren's cultural pageant of Latin America. We are going to hold a contest among children from all Latin America seeking the crown for the pageant. There is going to be a fair on May 25, 26 and 27. Mr. Perez: What are you expecting, that you have free of charge the Dinner Key? Mr. Avignon: Exacto. Mr. Perez: Pero aqui dice quatorce Mille dollares. Mr. Avignon: There is an estimate of $14,000. Mr. Perez: Pero esto no es la que to que quiere to siete Mille que cuesta Dinner Key, no Mr. Avignon: He is requesting $7,000 at Dinner Key it is going to cost plus added expenses. Mr. Perez: Did the City Manager have opportunity, did you receive the proposal? Mr. Pereira: RT No, I have not received the proposal. �1 April 18, 1985 Mr. Plummer: Well, according to the policy, actually, we shouldn't have even heard it until it has been to the Manag- er. Mr. Pereira: I'd be more than glad to review it. Mayor Ferre: All right, Commissioner Perez moves that this matter be referred to the administration for review and recommendation. Is there a second? Mr. Plummer: Second. Mayor Ferret I'd like to on the record, before we vote on this, congratulate Mr. Avignon for the designation of his son in a position that was previously held by our City Manager in Metropolitan Dade County. Tell him how proud we are of his son's achievement. Are we ready to vote on this? Call the roll. The following motion was introduced by Commissioner Perez, who moved its adoption: MOTION NO. 85-438 A MOTION REFERRING TO THE CITY MANAGER A REQUEST RECEIVED FROM Mr. ERNESTO AVINO (ASOCIACION DE ARTISTAS LATINOAMERICANOS) FOR A WAIVER OF THE RENTAL FEE FOR USE OF DINNER KEY AUDITORIUM PLUS ADDED EXPENSES; FURTHER DIRECTING THE CITY MANAGER TO PRE- SENT HIS RECOMMENDATIONS AT A FUTURE MEET- ING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Commissioner Commissioner Mayor Maurice NOES: None. Miller J. Dawkins J. L. Plummer, Jr. Demetrio J. Perez, Jr. A. Ferre ABSENT: Vice -Mayor Joe Carollo ----------- --------- ----------------- -------------- --------- 5. ALLOCATE 600 IN SUPPORT OF PUBLIC FAIR BY CUBAN MUNICI- PALITIES IN EXILE APRIL 25-28 UPON COMPLIANCE WITH ADMINISTRATIVE POLICY. ----------------------- ----------- ____ ---------- ----- ---- Mr. Perez: Mr. Mayor, I have requested from the cuban Municipalities in Exile, as you know, they have a fair on April 25 - 28. We already approved $10,0000, I think that was January 24, 1984 we approved $10,000 in in -kind services from the City of Miami, but they requested that they need to pay for buses and that would be a $600, that bus the City cannot provide that service, it has to be contracted through Metro. I would like to present a resolution allocating an amount not to exceed $600 from Special Programs and Accounts Contingent Fund in support of the public fair conducted by the Cuban Municipalities in Exile April 25028, 1984 and said allocation being conditioned upon substantial compliance with City of Miami Administrative Policy dated January 24, 1988. The following resolution was introduced by Commissioner Perez, who moved its adoption: RT 7 April 18, 1985 RESOLUTION N0. 85-439 A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $600 FROM SPECIAL PROGRAMS AND AC- COUNTS, CONTINGENT FUND, IN SUPPORT OF THE PUBLIC FAIR CONDUCTED BY THE CUBAN MUNICI= PALITIES IN EXILE APRIL 25=289 19859 SAID ALLOCATION BEING CONDITIONED UPON SUBSTAN- TIAL COMPLIANCE WITH CITY OF MIAMI ADMINIS- TRATIVE POLICY NO. APM=1-849 DATED JANUARY 24, 1984. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Commissioner Commissioner Mayor Maurice NOES: None. Miller J. Dawkins J. L. Plummer, Jr. Demetrio J. Perez, Jr. A. Ferre ABSENT: Vice -Mayor Joe Carollo r -•---------- ------------------------------------------------ 6. REQUEST FLORIDA LEGISLATURE TO AMEND CHAPTER 159 FLA. STATUTES PROVIDE FOR CONCURRENCE OF MUNICIPALITIES IN RELOCATION OF BUSINESSES USING COUNTY ISSUED INDUSTRIAL DEVELOPMENT BONDS. ------------ ------ ----------------------------------------- j Mayor Ferre: Lucia, on the Industrial Revenue Bonds, the Legislature is in session now. I just received last night this recommended amendment of the law that would prohibit a Metropolitan Dade County and other counties from taking businesses out of cities and moving them to the County, giving them tax breaks without the City's consent and it is a very simple thing. It just says that a County shall not issue Revenue Bonds - shouldn't it say Tax Free Revenue Bonds? I guess Revenue Bonds are tax free, right? Mrs. Dougherty: They're issued by the County. Mayor Ferre: See, all we're talking about is tax free. You don't say that in this law. I mean the crux of the matter >• is that they are giving somebody a tax break and in effect ,{ { raiding a City and taking a business out of a city into the r unincorporated area. That is the only thing we're objecting to but I think that the crux of it is that it is a tax free bond. If it were not a tax free bond I don't think we could object to it. F Mrs. Dougherty: that would be an amendment to the State law that already spells out that we're only talking about tax x free bonds... s�r Mayor Ferre: Shall not issue revenue bonds, but is that implied that they're tax free? ` `�� Mrs. Dougherty: It's under the entire statute that that •�� would be amending, it is. Mayor Ferre: Okay, I'd like to move to the Legislature that we feel that the City of Miami strongly recommends this amendment to the law. HT 8 April 18, 1985 21 a Mr. Plummer: Just to clarify on the record, this does not speak to Revenue Bonds, it speaks to industrial Develop- ment... Excuse me? Mrs. Dougherty: it is the same thing. Mr. Plummer: No, Revenue Bonds are a lot more, no, it is not the same thing, I beg to differ. There is a big differ- ence between Industrial Bonds and Revenue Bonds. Mayor Ferre: They're both tax free, J. L. Mr. Plummer: Well, but I think if you're going to speak to it, Mr. Mayor, let's put it in the ordinance, I think it would be appropriate. Mayor Ferre: It's not an ordinance, this is a motion of intent.' My motion is very simple. NOTE FOR THE RECORD: COMMISSIONER CAROLLO ENTERED THE MEETING AT 9:31 A.M. Mr. Plummer: I understand that, but there is also other Revenue Bonds that maybe we don't want to be under a catch all and actually hurt ourselves. Mr. Pereira: You want to call them Industrial Development Revenue Bonds, that would be all inclusive. Mr. Plummer: Well, for example, let's put the cards on top of the table. I don't want this to be misconstrued, even though I'm fighting like a tiger to stop Mr. Robbi from moving, a Revenue Bond could be different than an Industrial Development and I think you've got to spell out the differ- ence between the two or include both in the motion. Mayor Ferre: Mr. Plummer, to save time I accept your cor- rection in the motion. And I think that I don't like the wording of that motion either, I think it is not specific enough. The whole key is that we don't want another govern- ment in Florida to issue tax free bonds of any nature wheth- er they be industrial or otherwise so as to take a business out of one government entity and move it to another. Mr. Plummer: To put us in competition. Mayor Ferre: That's right. Mr. Plummer: I agree. Mayor Ferre: So you have a motion and a second and I accept the amendment. The following resolution was introduced by Mayor Ferre, who moved its adoption: RT RESOLUTION NO. 85-440 A RESOLUTION REQUESTING THE FLORIDA LEGISLATURE TO AMEND CHAPTER 159 OF THE FLORIDA STATUTES TO PROVIDE FOR THE CONCURRENCE OF MUNICIPALITIES IN THE ISSUANCE OF INDUSTRIAL DEVELOPMENT TAX FREE BONDS BY COUNTIES WHERE THE PRO- CEEDS OF SAID BONDS ARE TO BE USED TO FINANCE THE RELOCATION OF A BUSINESS FACILITY FROM SUCH MUNICIPALITY TO AN UNINCORPORATED AREA WITHIN SAID COUNTY. 9 April 18, 1985 6. W 6 (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the reso- lution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. RECOGNITION OF ALEX JAEN FOR HIS CONTRIBUTIONS TO MUSIC AND WELCOME HIM TO THE CITY OF MIAMI. ---------------------------------------- ---------------- ---- 7. REFER TO PLANNING ADVISORY BOARD PROPOSED ORDINANCE IN CONNECTION WITH POLITICAL SIGNS. ------------------------------------------------------------ Mayor Ferre: Ms. Dougherty, this political signs ordinance that I have passed around is the same ordinance that goes back to April of 1984. Mrs. Dougherty: I know it was on the agenda ir(August of 84. Mayor Ferre: Now, for us to pass it on First Reading does it have to be advertised? Mrs. Dougherty: It has to go back to the Planning Board. It had been to the Planning Board and recommended and now the 90 day provision has already elapsed. Mayor Ferre: So it is not legally before us? Mrs. Dougherty: Right. Mayor Ferre: Well, then, Joe, this cannot be legally before us because it hasn't gone through the Planning Board, but what I would like to do is ask that a resolution be passed that the Planning Board review it again and come back with an ordinance similar to the one that was previously brought up on 4/30/84 which is before you at this time which deals with political campaign signs. Mr. Carollo: Well, Mr. Mayor, I think that we ought to make sure that the Planning Board moves along with that as quick- ly as possible because what I'm envisioning is that come November we're going to have 8 positions that are up for election, about 4 or 5 people running for each of them and I think you could start envisioning the consequence of that and we have to put somewhat a control somewhere. Mayor Ferre: I would imagine that this process is going to be at least a 90 day process by the time it gets back and it gets into law, right? The only way we can do it is begin this way. Is there any way we can do it quicker? Mrs. Dougherty: No. Mayor Ferre: All right, is there a motion that the Planning Advisory Board revisit this issue? RT 10 April 18, 1985 16 0 o2 a The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-441 A MOTION REFERRING TO THE PLANNING ADVISORY HOARD A PROPOSED ORDINANCE IN CONNECTION WITH POLITICAL SIGNS; FURTHER REQUESTING THAT THEY REVIEW SAID PRO- POSED ORDINANCE AND MAKE RECOMMENDATIONS TO THE CITY COMMISSION FOR FUTURE COM- MISSION ACTION. Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ---- -- ---- - ------ - - ------rrr-r-- ------ ---- -- r--- -- ---- -- ---- 8. EXPRESS POSITION OF CITY COMMISSION I■ SUPPORT OF FREE- DOM FIGHTERS OF NICARAGUA. ------------ -------------------------- ---- --------------- --- Mr. Carollo: Mr. Mayor, just one real brief pocket item. As the Mayor and the majority of my colleagues know, next week the Congress of the United States will be taking up one particular issue that is not only of prime importance to every American citizen and resident, and particularly of people of South Florida. Every time that you have turmoil in Central America, we are one of the immediate areas that are affected immediately. We have in excess of 40,000 political refugees from Central America in Dade County right now. Mr. Mayor, we have four congressmen that represent Dade County out of which three of them, their districts touch upon the City of Miami and we have two U.S. senators that represent our people also. I really don't care what the morning or afternoon Miami Herald would say, I've never seen them yet say anything negative about any other City Council anywhere in the Country when they touch upon matters such as this. They only concentrate on the City of Miami and, of course, they concentrate on us because they want us to limit our voices to the interest and the issues that they would like to hear. Mr. Mayor, my motion is a motion to be addressed, rather a resolution to be addressed and sent to the four Congressmen that represent Dade County and the two U.S. Senators, and Itm referring to Congressman Pepper, Fascell, Lehman and Smith and Senator Hawkins and Chiles. The resolution will state as follows: That the City of Miami Commission is going on record in support of the Freedom Fighters and patriots struggling for democracy against the communist regime that spores Marxist revolution and threatens America's security. I'm referring to the Nicaraguan Freedom Fighters that are struggling to free their country from the Marxist -Communist Regime that is presently in control there. Mayor Ferre: All right, is there a second to that motion? Mr. Perez: Second. RT 11 April 18, 1985 Mayor Ferre: I would under discussion like to, and I'd like to put this on the record, I had a very positive conversa- tion with Congressman Larry Smith last week. He told ire that he was going to change his position and he was going to support President Reagan in his request for these funds for Nicaragua and he told me his position was based on informa- tion he had received and it was documented of PLO activity in training of terrorists in Nicaragua. I think Larry Smith who has been a very strong member of the Democratic Party has taken a strong position on this. Yesterday when I talked to Congressman Pepper he told me he had not concluded his final thoughts on this but that he was leaning very strongly towards supporting the President on this position. So it is my opinion that we will have support from our Congressmen. I think it is good that we memorialize the City's recommendation on this and I will be voting with the motion. Is there any other discussion? If not, call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 85-442 A RESOLUTION EXPRESSING THE POSITION OF THE CITY COMMISSION IN SUPPORT OF THE FREEDOM FIGHTERS OF NICARAGUA WHO ARE FIGHTING AGAINST THE MARXIST-COMMUNIST REGIME IN THAT COUNTRY; FURTHER DIRECT- ING THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO EVERY MEMBER OF THE UNITED STATES CONGRESS. (Here follows body of resolution, omit- ted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolu- tion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mr. Perez: On this issue, Mr. Mayor, I would like to add something. I would like that the City of Miami send a copy of this resolution and a letter of appeal by the City Clerk to all the members of the U.S. Senate or the Congressmen. I think it is very important, the roll that they are going to play and I would like that this City as a representative of a multi -cultural community have the opportunity to address this issue before all the members of the Congress and the Senate and that is what I would like to move as a resolu- tion. ------- ---------------------- ------------------------------- 9. DISCUSSION ITEM: HOUSING FACILITIES METRO DADE - NA- TIONAL TENANT ORGANIZATION REQUEST FOR FUNDS. ------------------------------------------------------------ Mayor Ferre: We have Mrs. Lottie Hines and she was previously not recognized because she wasn't here. RT 12 April 18, 1985 Mrs. Lottie Hines: Good morning, Mr. Mayor and Commission- ers, You have before you a letter, and an agenda and a budget of what we intend to do and what the Florida Tenant Action is all about. I have given each one of you a letter in the past and I would like your consideration on what we are asking this morning. What we are asking you to do here, allot us some money to go to Washington to rally for some of the proposed items that was on your letter that I turned in to you. Mayor Ferre: All right, I would like to ask Frank Castaneda to respond. Mr. Castaneda: We have reviewed their request. I believe their request was a trip to go to Washington. We are really recommending against the proposal, we just don't have those kind of funds for those activities. We have sent them a letter saying that Mel Adams is very involved in the whole process of housing and that the City and Metropolitan Dade County will do everything ... Mayor Ferre: Mrs. Hines, this is one person's opinion, you know, the city of Miami, it was really a major achievement on your part for us to come up with the moneys that we did so that we could do these improvements in these centers, that is something that you can be proud of that you accom- plished. As I recall, the City - how much was the money that we put? Mrs. Hines: $25,0,000. Mayor Ferre: $250,000, Metro is matching it so there is a half a million dollars for improvement in the housing facil- ities of Metropolitan Dade County. Thank you for correcting me. Now, it is quite another thing for the taxpayers of Miami to put up $20,000 for the Florida Action so that you i could take a trip to Washington, as important as that trip is, I don't think it serves the same public purposes as the previous $250,000 to improve facilities in the public hous- ing that needs improvements in the City of Miami and, there- fore, with the negative recommendation of the administration may I just say that have to go along with their recommenda- tion of denial. I don't know if anybody else wants to do it X differently, they are, of course, entitled. n Mrs. Hines: Okay, can I just explain ourselves to you because for the past years I know you have known of the National Tenant Organization. Mayor Ferre: Yes. Mrs. Hines: We have a bill that we're asking Congress to back us which our congressmen have stated that they will i push forth for us to do this. They are having a luncheon and reception for the Florida Delegation and if it wasn't so that we could get the three buses, if the City could just allot us a bus and at least the 47 people, or whatever. I ,?+ Mayor Ferre: Lottie, we don't have buses, the City of Miami doesn't own buses. Mrs. Hines: We know, allot us the funds, that is all we're asking. But right at this moment if HUD starts selling to private owners what on earth is going to really leave the ;A tenants who live there today? Rather the City of Miami give you all money or not. I mean give us the money to rehab what is there. You know some of the buildings are already owned and what is going to happen, HUD is already thinking about selling these houses. So where is that going to leave RT 13 April 18, 1985 ? the tenants that live there now? And if we don't go up there and really fight for some of these things, we've been doing it over the past and really just need support from Florida. Mayor Ferre: Mrs. Hines, 1 thank what you're trying to do is commendable. Unfortunately, there are limitations and the City of Miami does not have just unending sums of money to do everything. We'd like to help you but it is just not something that the administration is recommending and I can't vote with it. If you can get three other votes, you get three votes. Otherwise, is there anybody else that wishes to speak on this issue or make any kind of a state- ment or a motion? Mr. Plummer: To me it would be logical the money would come from HUD. Mayor Ferre: Well, you know they're not going to give them any money. Mr. Plummer: Well, they sure take our money and $25,000,000 in bonds and they take our money for everything else, let them stand up and be counted. Mayor Ferre: Any other statements? Lottie, thank you very much and I'm sorry that we can't be of help to you on this one. : Mrs. Hines: Okay, all right. --------------- ----------------- ------------------------­---------- 10. DISCUSSION DISCUSSION b TEMPORARY DEFERRAL: OUTSIDE LEGAL COUNSEL MORGAN, LEWIS AND BOCBIUS - FIELD OF LABOR LAW. ------------------------------------------ ---------- Mayor Ferre: Take up Item 179 Mr. Peter J. Hurtgen, approv- ing the authorizing of the continued retention of the law firm of Morgan Lewis and Bockius as outside counsel in the field of labor law. Mr. Plummer: Mr. Mayor, I want to speak on the issue, •I guess the proper way to do it is wait until a motion is made and seconded. Mayor Ferre: Make your motion one way or the other. Mr. Plummer: Mr. Mayor, I would move that this item be r denied as presented and that a proper resolution would be giving the City Attorney the right to come before this { Commission with justification to hire outside counsel and that she would be the one who would say who and when these '= outside counsels are necessary and it would be fully under her control or the control of the City Attorney's Office. Mr. Dawkins: I second the motion. Mayor Ferre: I have no problem with that, in other words you're giving her the right, is that what you're saying? ` Mr. Plummer: I'm giving her the right to come before this Commission and justify the need but she will be the one who would choose the outside counsel when she feels that it is °F necessary. h Mrs. Dougherty: Mr. Commissioner, that is what the resolu- r tion currently says. RT 14 April 18, 1985 i Mr. Plummer: No, this resolution at this time says that you're going to hire Mr. Hurtgen and that's not what I'm saying. Mrs. Dougherty: Yes, but only in those areas and only in those times and instances when I think and the City Attorney in her discretion feels that it be in the best interest of the City. Mayor Ferre: Lucia, are you recommending that we do this? Mrs. Dougherty: Yes, sir, Mr. Mayor. Mayor Ferre: Mr. Manager, we're getting into labor negotia- tions and we need to have, is this your recommendation? Mr. Pereira: I have no problems with her recommendation. Mayor Ferre: I'm supporting whatever the administration is recommending. Mrs. Dougherty: This doesn't preclude me from coming to you on any other instance when there are other firms that might be better suited for an item. Mr. Plummer: That's not my concern, Mr. Mayor. My concern is at the present time, as good as Mr. Dean Mielke is in labor negotiations, he is not a lawyer but he has the right or has exercised the right whether or not he had the author- ity in the past, to go and engage Mr. Hurtgen for whatever reasons he wishes without the City Attorney's approval. Mayor Ferre: Look, you know Howard Gary and I had our differences but in all due respects Howard Gary had retained Mr. Hurtgen because of his qualifications. As a matter of fact, as Hurtgen moved around from one law firm to another we moved with him. Now, as I understand it, this is the recommendation of the administration and of the Law Depart- ment. Now, you know, do what you want, it doesn't affect me one way or the other. Mr. Dawkins: Well, Plummer made a motion and I seconded it because I really have a problem with us paying Mr. Mielke and his staff what we pay them and we still go out and spend this much money for outside counsel. Mayor Ferre: Mr. Mielke isn't a lawyer. Mr. Dawkins: Okay, I second the motion, call the question. Mayor Ferre: You want to call the question without discus- sion? Mr. Dawkins: We had a discussion. Mayor Ferre: Are you calling the question? All right, go ahead. Mr. Carollo: I'm not involved in this, it is between you two guys. Mr. Pereira: Mr. Mayor, even though Mr. Mielke as a member of my staff has the responsibility for labor relations, from time to time we need the assistance of outside counsel because of the complexity of some of the issues that come up during negotiations, contract disputes, et al. At no time, you know, are we going to allow or are we going to go and indiscriminately hire counsel without consulting the City Attorney, it will have to be a joint decision. I don't know what the past practice has been, nor am I interested in it RT 15 April 18, 1985 0 0 at this time, but I can assure you that whenever we go to hire outside counsel for labor relations or for that matter for any other City business that the City Attorney will be consulted and it will be with her consent and approval and we are not going to just go out and hire people and put them on without having that kind of consultation or approval from the City Attorney, Mayor Ferre: Okay, I pass the gavel to the Vice -Mayor and I make a motion to table this item, either than or put it off until this afternoon, if the maker of the motion wishes to withdraw. Mr. Plummer: I have no problem with that, Mr. Mayor. r-r r--rrr-r..--rr rrr r-.�-rrr r--rrrrrr..rrr 11. AMEND AGREEMENT - 3 NEIGHB0RHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS TO MANE REQUIREMENT TO GENERATE TBE AMOUNT OF $129250 REQ. BY ART. III SEC. 3.2 OF CONTRACT. ------------------------------------------------------------ The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-443 A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND INDIVIDUAL CONTRACTUAL AGREEMENTS WITH THREE (3) NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO WAIVE THE REQUIREMENT TO GENERATE THE AMOUNT OF TWELVE THOUSAND TWO HUNDRED FIFTY ($129250) AS SPECIFIED BY ARTICLE III SECTION 3.2 OF THE CONTRACT BY THE AMENDED DATE OF APRIL 309 1985. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the reso- lution was passed and adopted by the following vote- '' -q AYES: Commissioner Miller J. Dawkins ' Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo - Mayor Maurice A. Ferre . , NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. Mr. Plummer: Mr. Mayor, may I inquire at this time? Mr. Manager, I was approached by one of the CBO's who indicated :. to me that a method that the City is presently using for r funding as a reimbursement type of situation. Now I have no ti problem with that except in one provision. It is my understanding that when approved they receive 1/12th up front as a cash flow money. But, instead of that being the last month payment, the City starts extracting moneys back in the first month or a percentage thereof which in many instances have created a cash flow problem and in some cases employees of those CBO's or those authorities have had to wait for their pay check for a period of eight weeks. Now, I'm sure that is not the intent of the City policy. It °y would seem reasonable to me that when you give them a 1/12th up front for cash flow that they would not receive the 11th month after that but that is not, I understand, the present policy. I would ask that you look into that matter and try to report back to us this afternoon. HT 16 April 18, 1985 I Mr. Pereira: Thank you. wrwrw�.z..��-ramararw+rw.r..r�.�.ti.w.r.rrarftrrwrrwwft— 40Mw.r61——0-a.r.r w 19. EXECUTE AGRERMENT= MIAMI DESIGN PLAZA MERCHANTS ASSOCIATION ALLOCATE $80,000 FORMALIZING MOTION 85-2810 85-348. — The following resolution was introduced by Commissioner who moved its adoption: RESOLUTION NO. 85-444 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE MIAMI DESIGN PLAZA MERCHANTS ASSOCIATION (MDPMA) IN AN AMOUNT NOT TO EXCEED $809000 WHICH INCLUDES $489000 FORMERLY ALLOCATED BY RESOLUTION NO. 85- 281 AT THE MARCH 21, 1985 CITY COMMISSION MEETING AND AN ADDITIONAL $329000 FORMALIZING MOTION NO. 85-348 ADOPTED AT THE MARCH 289 1985 CITY COMMISSION MEETING WITH FUNDS THEREFOR ALLOCATED FROM THE FISCAL YEAR 1984-85 SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ---r----r----- ------ ------------- ------------- --------- ---r- 13. EXECUTE AGREEMENT LOURDES SLAYZ[ PROFESSIONAL SERVICES DOWNTOWN DEVELOPMENT PLAN DRI PROJECT. --------------------------- --------------------- ------------ Mr. Sergio Rodriguez: Items 20, 21 and 22 are related and they relate to the Downtown Master Plan and DRI. These are three contracts for professional services to work on that project. The contracts are for Item 20 with Lourdes Slayzk, Item 21 with Zeljka Bilbija Item 22 Ana Gelabert. This was approved by resolution, the funding for this was approved by resolution ... Mayor Ferre: retaining and Mr. Rodriguez: for 18 months. Are these people that we're going to be hiring? These are the people that we will be hiring HT 17 April 18, 1985 Mayor Ferre: Are these going to be full time people? Mr. Rodriguez: Full time people for 18 months. Mr. Plummer: Justification of reason to going to outside rather than doing it in house. Mayor Ferre: He's doing it inside, he is hiring people. E Mr. Rodriguez: We runt to hire full time people, we couldn't go for a temporary beyond 12 months so we went with a contract of 18 months after which they will be terminated. 7 Mayor Ferre: In other words we're contracting with a individuals, not corporations and they won't be employees, they'll be here for 18 months and then they're gone. Mr. Rodriguez: Right. Mayor Ferre: And these are people that are competent, in your opinion? Mr. Rodriguez: Very competent. Mr. Pereira: We went through a very extensive selection process, Mr. Mayor. Mayor Ferre: Is there a motion on these? Mr. Plummer: Yes, Mr. Mayor, I move starting with 20. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-445 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED, WITH LOURDES SLAYZK, FOR PROFESSIONAL PLANNING SERVICES, IN CONNECTION WITH THE DOWNTOWN DEVELOPMENT PLAN AND DRI PROJECT, WITH FUNDS IN THE AMOUNT OF $33,500 TO BE EXPENDED FROM FY'84- 85 SPECIAL PROGRAMS AND ACCOUNTS AND FY185- 186 GENERAL FUND, SUBJECT TO AVAILABILITY OF FUNDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: ABSENT: RT None. Commissioner Miller J. Dawkins Vice -Mayor Demetrio Perez, Jr. 18 April 189 1985 X. �f - - - - i- i i i i i i i i i♦ r i i i i i i i- i i i i- i i i- i- i i i i i i .. i i i i !Y i i i i 14. EXECUTE AGREEMENT: ZELJXA BILBIJA - PROFESSIONAL PLANNING SERVICES IN CONNECTION VITM DOWNTOWN DEVELOPMENT PLAN-DRI PROJECT. The following resolution was introduced by Commissioner Plummer, who moved its adoption: a RESOLUTION NO. 85=446 A RESOLUTION AUTHORIZING THE CITY MANAGER TO R ENTER INTO AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED, WITH ZELJKA BILBIJA, FOR PROFESSIONAL PLANNING SERVICES, IN CONNECTION WITH THE DOWNTOWN DEVELOPMENT PLAN AND DRI PROJECT, WITH FUNDS IN THE AMOUNT OF $569975 TO BE EXPENDED FROM FY'84- '85 SPECIAL PROGRAMS AND ACCOUNTS AND FY'85- 186 GENERAL FUND, SUBJECT TO AVAILABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None., ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Demetrio Perez, Jr. ------------------------------------------------------------ 15. EXECUTE AGREEMENT: ANA GELABERT - PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH DOWNTOWN DEVELOPMENT PLAN - DRI PROJECT. ------------------------------------------------------------ The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-447 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, SUBSTANTIALLY IN THE FORM ATTACHED, WITH ANA GELABERT, FOR PROFESSIONAL PLANNING SERVICES, IN CONNECTION WITH THE DOWNTOWN DEVELOPMENT PLAN AND DRI PROJECT, WITH FUNDS IN THE AMOUNT OF $409600 TO BE EXPENDED FROM FY'84- '85 SPECIAL PROGRAMS AND ACCOUNTS AND FY185- '86 GENERAL FUND, SUBJECT TO AVAILABILITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Carollo, the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: ABSENT: RT None. Commissioner Miller J. Dawkins Vice -Mayor Demetrio Perez, Jr. 19 April 18, 1985 16. REQUEST MADE BY was. T. GIBSOB - REFERRED TO CITY MANAGER. ——�i�ri��i�il`arY►Il.i►ii.if.—.r.i�r.irli �..r iri►ii �.�i�.irll�i►�.i iwi iib.i• Mrs. Thelma Gibson: Good morning, I'm Thelma Gibson at 5661 Franklin Avenue in Coconut Grove. I had a pocket item but there wasn't a full Commission here and I didn't want to come before that because two members of the Commission are members of this Board and I didn't want to have any conflict with that. Mr. Plummer: Madam City Attorney, Mrs. Gibson is before us this morning requesting funding and I presently sit on that board as treasurer. Maybe that's why they need money, yes. Is it your advice that I abstain from voting? Mrs. Dougherty: Mr. Commissioner, so long as you are not compensated by reason of your sitting on the Board then it is not a conflict of interest and you may vote. Mayor Ferre: Do we have a recommendation from the administration on this? Mr. Pereira: We received this late last night, Mr. Mayor. Mayor Ferre: Mrs. Gibson, you know, we all love and respect you but this has to follow the same procedure that everybody else has to follow. Mrs. Gibson: I,agree, that's why I wanted to be referred to administration so at least we'll get something to you to refer it to administration. Mr. Pereira: We'll be back on May 9th with a recommendation. Mrs. Gibson: Thank you. ------------------------------------------------------------ 17. REQUEST METRO TO FUND TRIP TO WASHINGTON FOR FLORIDA TENANTS ASSOCIATION TO PARTICIPATE IN 5TH ANNUAL SAVE PUBLIC HOUSING DAY. ------------------------------------------------------------ Mr. Dawkins: Mr. Vice -Mayor, I would like to offer a resolution that this Commission go on record and instruct the Manager to draft a letter to Little HUD explaining that little HUD has funds in its Community Development or Community services area with which they can send the tenants from Little HUD places to the conference in Washington and that this Commission go on record asking that they dip in their funds which is provided for them to do that. Mr. Carollo: Okay, there is a motion, is there a second? Mr. Plummer: And with pleasure I second the motion. The following motion was introduced by Commissioner RT 20 April 18, 1985 Dawkins, who moved its adoption: MOTION NO. 85=448 A MOTION DIRECTING THE CITY MANAGER TO WRITE A LETTER TO METROPOLITAN DADE COUNTY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, URGING THEM TO FUND A REQUEST MADE BY REPRESENTATIVES OF THE FLORIDA TENANTS' ASSOCIATION, IN CONNECTION WITH THEIR PROPOSED TRIP TO WASHINGTON TO PARTICIPATE IN THE FIFTH ANNUAL "SAVE PUBLIC HOUSING DAY", SCHEDULED TO TAKE PLACE MAY 89 1985. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. i ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre ------------------------------------------------------------ 19a FIRST READING ORDINANCE: AN ORDINANCE AMENDING TEXT OF 95009 BY AMENDING SECTION 2026 "SIGNS, SPECIFID LIMITATIONS AND REQUIREMENTS" TO CLARIFY OUTDOOR ADVERTISING SIGN BEIGBT, etc. ------------------------------------------------------------ Mr. Carollo: Commissioner Perez, I am told will be here in approximately ten minutes. Mr. Whipple, will you proceed? Mr. Richard Whipple: Mr. Vice -Mayor and members of the Commission, Richard Whipple, Division Head of Land Development Division, City of Miami Planning Department. To bring the Commission up to date in a few short moments, at the last time this item was before the City Commission, they decided to refer it back to the Planning Advisory Board with some specific instructions as to what the change ordinance should contain when it came back before them. The suggestions were (1) that the signs be made a special exception with review and approval by the City Commission, that there would be no flashing or moving devices included in the signs, and that the construction of the signs would be of a unipod type, or single pole type construction. We drafted that legislation and went to the Planning Advisory Board with that change legislation and with the other legislation that was previously encompassed in the ordinance before you. Planning Advisory Board was a 5 - 4 vote recommended with the Planning Department's recommendation, that being in opposition to billboards along the expressways within 600 feet, but concurring with the other necessary amendments concerning the over all heights of signs generally in the City and with the clarification of some language regarding the faces and the number of signs being permitted. As we have indicated to you in the past, and not to belabor it, the Department is opposed to allowance of general advertising structures facing the expressway and within 600 feet of the expressway. We feel this is not an aesthetic thing that we should do to the community. We feel it will block views, block vistas; we believe that it is not compatible with the character of our area. We also believe that such signs by their nature attract one's attention, HT 21 April 18, 1985 0 j4 t �r that this is a potential hazard to the traveling motorist in our community, especially at the rapid speeds that you find along the expressways. We have had said to us at the Planning Advisory Board and previous City Commission meetings that there is a study which indicated that in fact they thought that signs helped along expressways and we reviewed some of that material in a limited sense and we do not find that that is a really valid type study. If you look at the figures, they are talking about a one or, at the most two percent deviation with respect to whether they were billboards or not billboards, and we do not believe that those figures in fact are substantial in nature, by which to prove anything conclusive that billboards do, or do not cause accidents. We simple say ... Mr. Carollo: Excuse me. Who is the corporation or group that made the study? Do you recall? Mr. Whipple: Mr. Knox will be able to relate that study to you. It is in the packet. It was done by the Federal Department of Transportation. Mr. Carollo: Federal Department of Transportation? Mr. Whipple: U. S. Department of Transportation. I'm sorry. Federal Highway Administration, Bureau of Public Roads. Mr. Carollo: In other words, this was done by the Federal Government? Mr. Whipple: Yts, sir. This was a modeling type study and all the, other than the language associated with that study - it says change in accident for each additional commercial sign and the only point I was trying to make on this was that we are talking about less than two percent as to that figure. Now, this two percent in a modeling type study of this nature is not very significant, especially when you are talking about modeling. Mr. Dawkins: Mr. Whipple ... Mr. Carollo: Certainly, Commissioner. Mr. Dawkins: In line with what I said to you the last time, while you were doing your study, did you come up with the number of accidents that could be directly attributed to, or could be partially blamed for the number of accidents that occurred? Mr. Whipple: No, sir. To my knowledge there is only one study that has ever been done to the exact point that you are asking and that was done on the New York Thruway approximately 1964. It did conclude that the general advertising signs along that stretch of the road were in fact, responsible for accidents along that stretch of the New York Thruway. We did not ... Mr. Dawkins: But the last time you were here sir, I asked you specifically for the State of Florida, specifically dealing with I-4 from Tampa to Orlando and I-95 and the rest of the State and Interstate 4 and the rest of the State. Mr. Whipple: And I will respond the same, Commissioner Dawkins. No, there are no studies that we know of and our wording has been consistent by saying potential hazard, because we do not have that data. Mr. Dawkins: So individuals who say that signs contribute to accidents on the highway, is merely one's imagination or RT 22 April 18, 1985 4 one's opinion because there are no studies to confirm or deny this, is that correct or wrong? Mr. Whipple: That is correct, sir, except for the New York A study, and ... 3 Mr. Dawkins: No, I am interested in Florida, sir. Thank you. s Mr. Whipple: Not in Florida. Mr. Carollo: Mr. Whipple, I am sorry to interrupt you. I think that the Commissioner has cleared up one of the questions that I had and that was who made the study. You 3 cleared that up. I was unaware it was the Federal government involved with that and secondly if there were any other studies to contradict that information, which you have answered that there are none, so your statements are being given, as you have a right to and I certainly respect that, as your personal opinions on the matter. Mr. Whipple: They are the Department's opinions, in addition to mine, Commissioner Carollo. Unless the Commission has some additional specific requirements or questions, I would like to conclude at this time ... Mr. Carollo: What we are trying to do is stick to the facts as much as we possibly can and get the information that is available. Now, we realize that there are some areas that there is no information, so this is why when you made the statement and there were some of these questions asked, is where we are trying to get as much of the facts and show the difference between opinions and facts in the matter. It is a very heated up issue where you have some very strong opinions on both sides and I think that if we try to show as y: many facts as we can, it would be best for this Commission to be able to come to a conclusion , either way ... go ahead, sir. Mr. Whipple: Well, I think we discussed the traffic. Let me go back to the aesthetics for considerations for a minute, and in the State of Florida it has been judged in a case in Lakeland, and I do not have the site in front of me. The Law Department could contribute that, but there has been laws that aesthetics are a major consideration and it is h` within the power of a municipality because of aesthetics, to limit or cause to be limited signs in the respective community. That is fact, even though we do not have any traffic facts, as you so put it. But, as I said before, if `3 k one's attention is distracted or one is distracted to look �. at a billboard, which is what they are there for, we still consider that a potential hazard. Mr. Carollo: Any additional statements by the Planning Department? Okay, Mr. Knox. Mr. George Knox: Thank you Mr. Vice -Mayor. Vice -Mayor and members of the Commission, for the record, my name is George "'° F. Knox. I am a member of the law firm of Long, Knox and - Mays with offices located at 4770 Biscayne Boulevard. The �` Commission has an opportunity today to consider and adopt an =`•`` ordinance that has been drafted by the Law Department, Which contains safeguards, checks and balances. It is reasonable ' rr± and protective of the public interest. Opponents of the adoption of this ordinance have based their opposition on two factors. One, aesthetics, and secondly, what Mr. {� Whipple has characterized as a potential hazard to ,' motorists. We believe that the record and our statement today will refute those statements in opposition. Mr. ;h Whipple is absolutely correct in his determination that HT 23 April 189 1985 courts in this country have decided that aesthetics is a significant factor in considering whether or not to permit billboards. What Mr. Whipple has failed to advise you is that the question before court is always whether billboards are not billboards. We submit to you that for so long as there are billboards in this community and for so long as those signs do appear along thoroughfares in which the proponents of the ordinance plan to place those signs, then the aesthetic argument is without merit. Neither nature nor the law permit a circumstance of being almost pregnant. if there are signs, then there is de facto evidenca that the City a matter of its policy has not determined that the aesthetic consideration is compelling. Second question that is often raised has to do with the question of public safely. Mr. Whipple has admitted that there have been no definitive studies that show that outdoor advertising signs contribute in any way to traffic accidents. As a matter of fact, he referred to a study done by United States Department of Transportation, which concluded in fact, that outdoor advertising signs assisted in public safety efforts. Furthermore, we cannot concede that public safety agencies within the State of Florida would utilize outdoor advertising if in fact that advertising created a safety hazard. Each of you has been given a packet of information and I will now send that same packet to the City Clerk for the record. In that packet, there is a piece of correspondence that I would respectfully like to read into the record, and this letter is dated April 11, 1985, addressed to Mr. E. A. Hancock from Leonard R. Mellon, the Executive Director of the Department of Highway Safety and Motor Vehicles in Tallahassee. "Dear Mr. Hancock: The Department of Highway Safety and Motor Vehicles was recently involved in a statewide billboard campaign directed at drunk drivers. This campaign was made possible through the cooperation of the Florida Outdoor Advertising Association, who members donated billboard space throughout the state. The outdoor advertising media is frequently called on by this agency to support various highway safety programs. We feel that this method of conveying a message to the motoring public has been very successful. Sincerely, Leonard R. Mellon, Executive Director." Also in your packet is a letter addressed to Whom It May Concern, from Nelson Perry, President of the Dade County Police Benevolent Association, Inc. "We support the use of billboard advertising to promote increased awareness, particularly of the law enforcement community. We support the Metro - Dade Department and the Wear The Silver Badge Campaign and we supported the Florida Highway Patrol Campaign on highway safety. The Dade County P.B.A. spent some $18,000 for billboards. We felt '. that billboard advertising reached the most number of people, and by the calls we have received, feel our campaign was a y great success. Very truly yours, Nelson Perry, President." s ?> Note: Mayor Ferre returns at 10:39 A.M. We believe that the question .of public safety factors may. effectively be put to rest. The policy of the State of `=. Florida when it adopted statute's which permitted outdoor _ advertising was announced as having several considerations. Number one, to provide information to the traveling public, Number two, to promote attractions in the State of Florida um , provide and Number three to public safety information. As a matter of fact, in your packet also is a copy of an in the article Miami Herald dated Tuesday, April 9, 1985, and the caption for the article is - RT 24 April 18, 1985 �J "Greetings to get more colorful, Tallahassee. A new welcome to Florida sign, featuring blue skies, sunshine and palm trees is replacing the state green and white State line markers the Commerce Department announced Monday. The first sign, 13 by 8 feet was put up near the State welcome center on Interstate 75. At least 17 more are planned on Interstate highways and other major roads leading into the State." As a matter of fact, the value of promoting attractions is made manifest by the pictures that we have prepared for your consideration and you will notice that there are several entities and agencies that use outdoor advertising to promote attractions in South Florida, including Metropolitan Dade County, and other public service agencies. As a matter of fact, the private sector, consistent with the policy of the State of Florida to promote our attractions and to promote tourism engages the use of outdoor advertising themselves and I show you now an outdoor advertising sign as a part of the Miami Is For Me campaign, which was purchased by the Greater Miami Chamber of Commerce and I proffer this to the Clerk. The third reason that outdoor advertising is used is to boost the economy of this community and to assist private enterprise in displaying and advertising its goods and services that are available and responsible corporate citizens of this community, freely use outdoor advertising for that purpose. I will also tender to the Clerk several outdoor advertising signs which depict the private sector's use of outdoor advertising signs. For the record, the first one is an outdoor advertising sign by WSVN T.V. - Channel 7, and this is the view from Interstate 95. Another outdoor advertising sign by WSVN. Another responsible corporate citizen uses outdoor advertising signs. This is a sign of the Miami Herald billboard, and I think the next one which is also purchased by the Miami Herald reflects the need for regulation, because I think you will find a violation on this particular sign. I think they would exceed the size specifications. The reason for regulations of activities such as outdoor advertising is to insure that there is no abuse and to protect the citizens of the City of Miami from real visual pollution. We can show you a picture which depicts the circumstances which are likely to occur if there is no such regulation concerning the placement, size and aesthetic considerations associated with outdoor advertising. I will also proffer to the Clerk a picture of a banner, again as seen from I-95, which was draped on or about the 6th floor of the Southeast Bank Building. We believe that the proposed ordinance again is reasonable, stringent, but reasonable, and effectively regulates outdoor advertising signs along limited access highways and expressways. As a matter of fact, the text of the ordinance protects against the evils that opponents have raised in several respects. One of the requirements of this ordinance is that every placement of outdoor advertising has to be approved by a special exception before the City Commission and the City Commission provides in its ordinance that in considering these special exceptions, several factors will be considered, including the impact on vista or views that may be affected, the relationship with other roadway signs, inclusive of directional signs, the impact on any notable structures or landmarks, the impact on driver's safety in the area the sign is to be located and the appropriateness of the location in relation to the surrounding neighborhood and adjacent use. The proponents of the ordinance seriously believe that the Commission would be acting in the public interest, recognizing their rights to place billboard signs, avoiding a denial of equal protection, and protecting the citizens and sensitive people and the environment py the ld 25 April 18, 1985 adoption of this ordinance, and if there are no questions at this time, I thank you very, very much for your attention. Mayor Ferret Mr. Knox, does anybody in your group, anybody else wish to speak, or does that conclude the statements on your side. Mr. Knox: No, sir, that will conclude the statement unless you have some specific question of the persons in the group. Mayor Ferret All right, we will get to the questions after we hear from the opponents. r Mr. Plummer: I would only for ask for the record that there 3 are other companies. Mr. Knox represents a specific company and for the record I would ask that any other present owners or people involved in the industry who are proponents, to please stand and be recognized. Mayor Ferret All right, are there other advertising companies that are present on this occasion? All right sir, your names and who you represent? And if you wish to say anything, I will be happy to recognize you at this time. Mr. Larry Jones: Mr. Mayor and Commissioners, my name is Larry Jones. I am with Ackerly Communications and my colleague is Larry Sydman. He is also with Ackerly. We have no comments to make at this time. If you have any questions, we would be more than happy to answer any questions you may have. Mayor Ferret All right. Mr. Plummer: A simple question, sir. You have heard the presentation of Mr. Knox speaking in behalf of the ordinance presented by the Planning Department. Do you have anything that you wish to add or anything that you disagree with the presentation of Mr. Knox. Mr. Jones: At this time I have no comment to make. Mr. Knox is representing Mr. Hancock and I here strictly ... Mr. Plummer: I am asking you as an individual owner. Do you have any comment, or do you have any disagreement? "= Mr. Jones: None. a Mr. Plummer: Thank you, sir. Mayor Ferret No comments, or no disagreements? Mr. Plummer: No disagreements, obviously. }51 Mayor Ferret No comments and no disagreements. In other words you subscribe to what Mr. Knox has said. Is that what you are saying? See, because at first you said there was no = _ comments, and then the last time you didn't. That could be `✓ "' interpreted either way. Are you saying you have no comments, are you saying you have no disagreements with Mr. Knox's statement? ` Mr. Jones: I have no comments and no disagreements. Mayor Ferret All right, anybody else? a t�z rY Mr. Carollo: I only have one minor comment to make, Mr. fs- Mayor. It is ... Mayor Ferret Ernie, please. Are you a proponent? ld 26 April 18, 1985 ri Mr. Ernie Fannatto: I am a property owner and I am ... Mayor Fevre: Well, but you are not going to be recognized at this time. I am just asking for the advertising companies and then I will recognize you subsequently. Mr. Fannatto: That is fair enough. Okay. Mayor Ferre: Go ahead, .doe. Mr. Carollo: From the looks of some of these billboards that the Miami Herald has placed, I don't know if people like to see a good look at them. This is the Miami Herald. It would seem to me after reading some of the Herald's editorials that their philosophy is, that I do as I say, not as I do, but it really doesn't surprise me. Mr. Plummer: That also relates to private clubs, right? Mr. Carollo: Private clubs and many other things including newspaper racks. Mr. Plummer: They might clean up their own backyard first. Mr. Carollo: I couldn't let this pass without making that comment, Mr. Mayor. Thank you. Mayor Ferre: All right, we will now listen to the opponents. How many of you wish to speak that are opponents that are here? First of all, I will tell you, some people, you know, have the need to do these things. Would all of you stand up, those of you that are here as opponents? !. Stand up so we can see how many there are here as opponents. I will for the record say that you all feel equally strongly opposed to this. All right now, sit down. Now, how many of you would like to speak this morning? Would you raise you F hands so I can make a count? Sixteen. These are opponents, okay? Now, are there any proponents that wish to speak? Those that are in favor. Ernie? (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Okay, I am just saying as a proponent other than the companies themselves. Since there is only one 4'. proponent in the public that wishes to speak, we will hear .-: from Ernie Fannatto first and in the meantime I would like to ask ... are you a proponent, Ma'am? You want that moved, because you can't see - all right. I would like to ask - would the 16 of you that wish to speak kindly give your name to the Clerk and I will read them in the order that they are � given to me, unless there is somebody who is a group leader here who wishes to present it in a certain order. If that is the case, if you would just step forward and give it to ..:: the Clerk. r Mr. Traurig: Mr. Mayor, may I ask on behalf of those whose items are starting with Number 2 whether any other items .5 will be heard before lunch? Mayor Ferre: Mr. Traurig, let me put it to you this way. There are 16 speakers. I will give them each three minutes. As you know, some people will take less some more. As you v.. know, but by the time the questions and all of that, it will be a good hour and one half and we are going to break up here at 12:30 sharp. It will probably run between 12:00 and { 12:45, so if I doubt if we will be doing anything else other issue this have r7 than this at point. Anybody any objections .� to that? This is the only issue we will be hearing this t morning. We will be back at 2:30 P.M. for the rest of the _SV agenda. All right, Mr. Fannatto. r ' Id 27 April 18, 1985 Mr. Fannatto: Honorable Mayor, members of the Commission. Ernie Fannatto is my name and I am President of the Taxpayers League of Miami and Dade County and the Homestead Taxpayers League of Dade County. Mayor, before I do speak, and it will be very briefly, to the Chair, I would like to ask Staff, how much money these signs are going to generate for the City of Miami, as to dollars and cents? } Mayor Ferre: All right, do we have an answer to that from j the City Administration? How much money will these signs generate to the treasury of the City of Miami? That is the question. Mr. Whipple: I do not have a direct answer. Of course there is a building permit fee that would be involved and there would be a potential assessment and I don't have any figures on that, Mr. Mayor. Mayor Ferre: I think you could answer in general terms, Mr. Whipple. Is it going to be $1, 000, 000? Is it going to be $1009000? Or is it going to be less than $1009000, and if it is less than $100,000, you know. Mr. Whipple: If you would, Mr. Mayor, give us a few minutes and perhaps we can respond to that later. Mayor Ferre: Mr. Fannatto, as you know vigorously represents taxpayers and if it is $1900090009 his position might be stronger than if it is $10,000. Mr. Fannatto: Well, Mr. Mayor, if he doesn't seem to know, then I would like to ask some of these companies how much money they have paid the City of Miami in the past. I think that is ... Mayor Ferre: All right, Mr. Knox, do you have an answer to this question? Mr. Knox: There is an answer as far as the industry is concerned, because one of the things that the E. A. Hancock Advertising Company has already indicated on the public record is that it would recognize its duty to provide a public service that has a specific value to the City of Miami. Upon the request for a special exception, we assume that every company in the industry would do the same thing. That is in terms of income to the City of Miami directly; and furthermore, I don't think that we can even measure the value of advertising to the persons who take out ads. I am certain the newspapers, the T. V. stations and other private sector entities would not make an investment in advertising unless the return was great. Mayor Ferre: All right, why don't you go ahead. Mr. Fannatto: I spoke to Mr. Hancock and he said he gives an average of about $5,000 per sign. Now, I am trying to find out, and maybe staff can come up with an amount of money in a minute or two and I would like to wait because my presentation has got a lot to do with how much money the taxpayers are going to realize out of this. Mayor Ferre: All right then Ernie, we will take you up subsequently when we get the figures for you, all right? Mr. Fannatto: Good. How long do you think it is going to take? Mayor Ferre: I don't know. They are working on it right now. As soon as we have it, we will rush it right to you, __ Id 28 April 18, 1985 I Mr. Fannatto: Honorable Mayor, members of the Commission. Ernie Fannatto is my name and I at President of the Taxpayers League of Miami and Dade County and the Homestead Taxpayers League of Dade County. Mayor, before I do speak, and it will be very briefly, to the Chair, I would like to ask Staff, how much money these signs are going to generate for the City of Miami, as to dollars and cents? Mayor Ferre: All right, do we have an answer to that from the City Administration? How much money will these signs generate to the treasury of the City of Miami? That is the question. Mr. Whipple: I do not have a direct answer. Of course there is a building permit fee that would be involved and there would be a potential assessment and I don't have any figures on that, Mr. Mayor. Mayor Ferre: I think you could answer in general terms, Mr. Whipple. Is it going to be $1,000,000? Is it going to be $1009000? Or is it going to be less than $100, 000, and if it is less than $100,0009 you know. Mr. Whipple: If you would, Mr. Mayor, give us a few minutes and perhaps we can respond to that later. Mayor Ferre: Mr. Fannatto, as you know vigorously represents taxpayers and if it is $1,000,0009 his position might be stronger than if it is $10,000. Mr. Fannatto: Well, Mr. Mayor, if he doesn't seem to know, then I would like to ask some of these companies how much money they have paid the City of Miami in the past. I think that is ... Mayor Ferre: All right, Mr. Knox, do you have an answer to this question? Mr. Knox: There is an answer as far as the industry is concerned, because one of the things that the E. A. Hancock Advertising Company has already indicated on the public record is that it would recognize its duty to provide a public service that has a specific value to the City bf Miami. Upon the request for a special exception, we assume that every company in the industry would do the same thing. k That is in terms of income to the City of Miami directly; and furthermore, I don't think that we can even measure the :z value of advertising to the persons who take out ads. I am certain the newspapers, the T. V. stations and other private sector entities would not make an investment in advertising x unless the return was great. { V' Mayor Ferre: All right, why don't you go ahead. Mr. Fannatto: I spoke to Mr. Hancock and he said he gives an average of about $59000 per sign. Now, I am trying to find out, and maybe staff can come up with an amount of _' money in a minute or two and I would like to wait because my presentation has got a lot to do with how much money the taxpayers are going to realize out of this. Cc: Mayor Ferre: All right then Ernie, we will take you up ". subsequently when we get the figures for you, all right? Mr. Fannatto: Good. How long do you think it is going to _ take? Mayor Ferre: I don't know. They are working on it right now. As soon as we have it, we will rush it right to you, ld 28 April 18, 1985 I so you Can put it to the computer. All right now, Mr. Lazarus has sent toe a note that he has a doctor's appointment that he must be at very soon and he would like to be taken up first. Mr. Lazarus, you have three minutes. l will hold all of the speakers for three minutes. if you need more than that, I will be generous, reasonably. Mr. W. A. Lazarus: it might take three and ones -half. My name is W. A. Lazarus. I am here at the instance of the national headquarters ... Mayor Ferre: Excuse me, Mr. Lazarus. The television people have asked that these easels be taken down. This is so that we can take clear, unobstructed photos of the Commission and the expressions on their faces. Thank you, Mr. Hancock. Now, without any further interruptions, Mr. Lazarus, proceed, please. Mr. Lazarus: You didn't take that off of my three minutes! I am here in behalf of the National Isaac Walton League of America, and I am also spokesman for the South Florida Coalition of Concerned Conservation, Civic and Sport Groups, many of whose representatives are here now. I would like to admonish you with the biblical term. "Am I my brother's keeper?" Do you people drive these expressways like I do? Coming down here, I average 50 to 55 miles an hours. I didn't see a single trooper on the road and I passed nobody, but cars were passing me, 65, 70 miles and hour. Nobody ever gets arrested for speeding. What happens when these eye catching and arresting signsthat they would put up? All someone would have to do is take their eyes off the road for a fraction of a second. Somebody stops in front of them, and bang! If you save one life by not having these billboards, you have done something. Look at the untold money that will be caused by collisions and the people that would go to the hospital. You have no figures on that. I see we no figures on nothing. One gentlemen said there are no figures on how many people would be hurt or killed. Why didn't they ever run these surveys or why haven't they been done in the rest of the country? Because commercial interests keep them away! You are here to protect the people. The paltry few dollars that you would get out of this is not going to help much in the City of Miami. You have more important ways of getting money. This is just a money making scheme for a few companies that want to use the visual pollution of the signs to attract more business. I say to you we will not let you put it on. We ask the City Commission not to do it because if you don't, we will fight you every way we can and we will boycott every company that uses these signs. All we ask you to do is protect our citizens. Thank you. Mayor Ferre: Mr. Lazarus? Mr. Lazarus: Yes, sir? Mayor Ferre: For the record, we need your address. Mr. Lazarus: 320 South Shore Drive, Number 50, Miami Beach, 33141. Mayor Ferre: Thank you, sir. The next speaker is Mr. Jack Lowell. Mr. Lowell? Mr. Freeman, do you want to do this first? Mr. Lester Freeman: Yes, I would, if you don't mind. Mayor Ferre: Okay, Mr. Lowell, I hope you don't mind. Id �9 April 18, 1985 Mr. Freeman: I have the only the record of all these people here, but we will keep to our time. Mayor Ferre: Three minutes, per speaker. Mr. Freeman: I as Lester Freeman. 1 am here representing the recently formed coalition of neighborhood groups, educators and ... Mayor Ferre: Lester, 1 am sorry. We need your address for the record. Mr. Freeman: Lester Freeman, 2180 Briekell Avenue, Miami. We have put together fairly quickly a coalition of institutions and individuals representing neighborhoods, educators, environmental concerns, economic interests, civic activists, and even design professionals and planning professionals. The fact of the matter is, the most participants in this debate from our point of view are the 1,500 plus seriously concerned individuals petitioning you all through the mails. We have given.the cards to the Mayor and I have some more that have come in today, each with a name and address indicating serious concern with this proposal. We are not here, nor have we ever been here to ban billboards. We are here to reinforce the support for regulations, for consistent regulations, for enforcement of regulations - regulation that has served this community well for over 20 years. We are here to support the recommendations of your professional staff, your Planning Advisory Board, and most of all, to support the best interests economically, socially and environmentally, of all the citizens and visitors in Miami. The advocates say we are good for the economy. I worked for almost 20 years professionally as a economic developer, trying to create economic progress in Miami. I perhaps didn't learn much, but I did learn that there are a few items that do in fact create progress, and there are a few that impede it. There are things that are demanded by prospects from out of town. One is, and perhaps one of the most important is the stability and consistency of political leadership demonstrated by fair, understandable regulations and steady, predictable application of political management to the affairs of citizens and demonstrated by sensitivity to life style, comfort, safety and amenities. Progress toward improvement, not retrogression. We feel that the retrogression such as the visual pollution of these huge billboards would create negative impressions. To use the analogy of somewhat pregnant really doesn't make any sense because we are already somewhat visually polluted. We don't want to make it any more so. These negatives, in the eyes of the industrial prospects, the travel agents, the convention managers, the vacationers, added to other perceived problems we have in this community will make Miami a place to leave, not a place to visit. Our competitive cities and they are literally world wide now as you well know, are sending the opposite signals - aggressive, positive action. Moratorium on billboards, more regulations of billboards and this deregulation, allowing unattractive interruptions in our vistas is a negative signal. We urge you not to send it. Support the recommendations of the P.A.B. There is now a clear mandate in this City, represented here today by the petitions, by all the communications that we have been able to put together against changing these regulations. Some of our group will speak, and I will introduce them. We have already demonstrated the people that are here today. There are some institutional supports, the Audubon Society, the Sierra Club, the A.I.A. Garden Clubs of South Florida, the Greater Miami Chamber, the Miami Board of Realtors, the Big Brickell Avenue Office Association, the Miami Civic League ld 30 April 18, 1985 and others. I do want to apologize to staff. We, in the written presentation that we made inadvertently included the staff in the list of institutional supporters. That was an error and we shouldn't have done it. We do recognize as you do that they are on the same side, but they are not part of their committee. Our first speak is a person well known to every citizen of Miami, a great civic leader, former Commissioner, Mrs. Alice Wainwright. Mayor Ferre: Mrs. Wainwright, may I welcome both you and Rose Gordon. Certainly there are no two stronger people's advocates in the history of Miami's government than the two of you and we are always honored with your presence. Mrs. Alice Wainwright: Thank you very much, Mr. Mayor. For the record, my name is Alice Wainwright. My address is 3601 Bayview Road, Miami. First of all, I want to focus attention on one aspect of the matter before you. As Mr. Freeman said, we are not opposed to billboards. It is a question of the appropriate, or inappropriate location of billboards and the case before you hinges upon that narrow issue. We don't feel the fact that the State of Florida uses advertising in places that are zoned for it is inappropriate. We are not disputing that. We are not disputing the fact that T.D.A. uses advertising. We are not disputing the fact that the Miami Herald uses advertising, if it makes sure that those billboards are in the proper place, and therefore, what we need to address today is the sole question of whether they are going to be detrimental or not to the City of Miami and the views the aspects along the interstate highway. Now, many the cities across the country are taking a fresh look at their sign ordinances. Dade County has one. It has just reviewed the existing Metro Code and the Metro Code forbids billboards in the expressways in the Unincorporated Areas. That is absolutely forbidden and I am going to turn this part of the ordinance into the City Clerk to be referred to. I have given each one of you a copy of excerpts from the Metro Code. Mr. Plummer: Excuse me, Commissioner. In discussing this with you previously, your indication to me was that they had prohibited on Federal expressways, not expressways in general, but Federal. Mrs. Wainwright: That is correct. Mr. Plummer: But you didn't say that. Mayor Ferre: Is there any that aren't? Mrs. Wainwright: All right, yes, I will get to that ... Mayor Ferre: Wait, wait! J. L., do you know any that are not? Mr. Plummer: Yes, the Palmetto Expressway ... Mayor Ferre: Isn't that a Federal? Mr. Plummer: ..# has billboards on it entirely. That is Metropolitan Dade County. The key word is on a Federal Highway or Expressway. Mrs. Wainwright: Mr. that in a minute. You to say. I am going to to the Palmetto, I can that regret the number question of over -kill. was about to say. The ld Commissioner, I am going to get to sort of anticipated what I was going define the difference, but referring tell you that there are many people of signs on the Palmetto. That is a However, let me get back to what I point before you is that Metro does 31 April 18, 1985 not permit billboard along that part of the Expressway that is in the Unincorporated areas and that is defined under Section 3312.1, 10 i 12 of the Metro Code. It does provide that signs can be erected facing side streets within 200 feet of the Expressway, but not facing the Expressway in the Unincorporated areas of Dade County. Now, the Metro Commission asked that there be a study and. the study prepared by Metro's zoning staff does not recommend that there be a change in that provision, and it also has many, many other restrictions which they are going to offer before the Commission. Now, the pertinent question as I see it, is why should the City of Miami have a more lenient ordinance then Dade County? Why isn't Miami, a center of the new world, why shouldn't it have higher standards or as high as Metro? Should our expressways be tacky when other portions of I-95 are not? Now, that is the essence of this piece before you. Do we want to surrender to Metro all the responsibility of keeping visual pollution off the Federal Expressways, Mr. Commissioners? Instead, let us protect the visual qualities of our own sections of the Expressway, and let us preserve the dignity and the visual attractiveness of the City of Miami and I conclude by saying again to emphasize that billboards are appropriate in certain places, but we don't consider it that they are appropriate along the I-95 section of the Expressway that is within the City limits of Miami, and we certainly don't want to see Miami be i second in standards to Metropolitan Dade County. Thank you. Mr. Freeman: Mr. Vega of the Tenant Advisory Council. Mayor Ferre: All right, Mr. Vega, I would ask that you limit your statements to three minutes, please. Mr. Enrique Vega: I would appreciate it if you would give what I have here five. Thank you. Honorable Mayor Maurice Ferre, Vice -Mayor Joe Carollo, Commissioners Miller Dawkins, Demetrio Perez, my co -province man and J. L. Plummer, our new City Manager Sergio Pereira and staff, general public - for the record, my name is Enrique A. Vega and my address is 1403 N. W. 7th Street, Apartment 205. I have the honor to live in a landmark, the oldest building for public housing, Robert King High building. Built by one good remembered by good remembered Mayor. Good morning, and I am here anew. On the 21st of March I had the honor to address all of you in the name of O.T.A.C. as one of the tri-ethnic members of the Housing Task Force. We were successful because you are wise and understood we have the right in our side and unanimously you granted us $250,000 for community development funds for safety and security in our world in public housing. Today, as President of the United Tenant Council I come here, not alone, but with representatives of several other tenant councils under the flag of Miami Civic League. First time public housing has the backing of homeowners, a tenants association and vice -versa. Let us approach the key of the rest of America, Miami that is also is the entrance of tourists and goods from the America that lies in south of the middle. Now it is green and beautiful. Imagine and dream that the 1962 law to be a law that prohibits billboards closer than •600 feet from the expressways, it is not enforced. We would have not only visual pollution, we would have plenty of accidents. Imagine dear Commissioners, that you, any one of you, are driving through an expressway and a beautiful girl in a swimsuit, or less, hits your eyes! You continue looking at it, and wham, there is the accident! We have too much with the other drinking and driving and the drug addiction and driving to add those dangerous 65 billboards. We are not against the billboard industry. We like the advertising industry, but in certain places as that Honorable Mrs. Alice Wainwright had said before. You, Honorable Mayor and ld 32 April 181 1985 Commissioners have done so much, have fought so many battles to have more tourism from within the United States and from abroad have brought here to Miami carnivals, Miss Universe, Miss World, Miss Hispanic Heritage, Miss Latin America and other goodies that we can not imagine you going back, taking a step backwards - walk in reverse. Mayor Ferre: Mr. Vega, you have one minute left in your five minute statement. Mr. Vega: Yes. around all what you have said. We are a vital part of our community with experience in our service if our voice is then listened and followed. We move in different directions. All these representatives of public housing that are with us today are within them people such as doctors, lawyers, accountants, professional retired businessman. They are not common people. We have stepped forward and say the people will not pass because our Mayor and the four City Commissioners have brains to understand, eyes to see, ears to listen and mouths to express the best for all of us. Thank you in the name of the people that are grateful to you and public housing that wants the best for Miami. Thank you all. Mr. Freeman: Mr. Robert Worsham, the President of the Miami Civic League. Mr. Robert Worsham: Good morning, Mr. Mayor and Commissioners. Thank you for the opportunity of being with you. I think earlier one of our members made a comment ... Mayor Ferre: 'Mr. Worsham, I need your address for the record. Mr. Worsham: Beg your pardon. Bob Worsham, President of the Miami Civic League, office address, 7560 N. W. 82nd Street. To keep my portion of the presentation relatively short, I would like to express the views of the various associations that belong to the Miami Civic League and to make you familiar with those people, I will go through the list, but I too feel that from the votes from these associations, homeowner's associations, civic associations, s that there is, in fact, a mandate from the people, a great number of the people throughout the City of Miami. The association spoken of, the Allapattah Community Association, Bayside Resident's Association, Baypoint Homeowner's =` Association, Belle Meade Homeowner's Association, Belle { Meade Island Homeowner's Association, Brentwood Homeowner's Association, Buena Vista East Homeowner's Association, Citizens for Quality Government, Grove Park Homeowner's Association, N. E. Miami Improvement Association, and certainly, Spring Gardens Civic Association, Tigertail w4. Association and the United Tenants Council - Mr. Vega. We ;. are very pleased that we have senior citizens involved in our association activities. All of our people have expressed a very strong view opposing not the industry, but the placement of billboards on the main arteries coming into :. =3 our city. Thank you very much. Mr. Freeman: Mr. Sandy Hall, Citizens for Quality Government. h: Mr. Sandy Hall: Sandy Hall, 200 N. E. 45th Street. One of the questions that were asked this morning, if there had `e been a study made of accidents that have occurred because of the signboards or the billboards and I think that the answer was no, there had been no specific studies made of those of those accidents in this area with the exception of New York, but Mr. Dawkins, I am reminded of something, back in about 1942, when we had a very particular gentlemen visiting ld 33 April 18, 1985 our shores i Japan and everything was just fine then, but all of us said while he was in the house Mr. Carollo, all hell broke loose. I said that to say this, is that with the erection of those signs on that highway, interstate highway coding into the City of Miami, without the study, the addition of them, all hell could break loose, therefore I don't think we could depend primarily on that. Mr. Knox mentioned several things about the safety and what is happening on the interstate highways outside the city limits, but that is a great difference, because as we all know, once we enter the boundaries of Dade County and especially the City of Miami, you find a conglomeration of traffic that is out of this world. As a matter of fact, most times I have tried to avoid that expressway. During the years that you have served this City has Mayor and Commissioners, and I can safely say that at this moment, you have set and planned, plans in motion for the beautification of inner-city highways streets and avenues. Your dreams and our dreams all for the skylines of Miami to be beautiful as postcards, with modern architecture, palm trees, and waterfalls. The erection of billboards should not be a part of our dreams, and of your dreams. They will most certainly detract from the beauty of our City and create hazardous driving for motorists, exiting and entering our City limits. I recommend to you to turn a deaf ear to any suggestion of these for the erection of more signs, billboards, or any other structure that may turn our dreams into nightmares. The eyes and ears of the entire City is focused on the decision that you men will make here today. I urge you to let the law stay in place that we already have. Mr. Plummer: Can I ask a question sir? Mr. Hall, you are representative of a group called Citizens for Quality Government? Mr. Hall: Right, sir. Mr. Plummer: And what position do you hold? Mr. Hall: I am the Chairperson for that group. Mr. Plummer: The Chairperson? Mr. Hall: Right. Mr. Plummer: Is this chartered by the State of Florida? Mr. Hall: No, sir. Mr. Plummer: I never heard of the organization. Mr. Hall: I am sure you haven't, sir. It is a new organization. Mr. Plummer: When was it founded? Mr. Hall: About two months ago, sir. Mr. Plummer: And how many members do you have? Mr. Hall: We have some of those members in the audience here now. Would you please stand? Mr. Plummer: Thank you, sir. Mr. Hall: Right, sir. Mr. Freeman: The next is Dr. Robert Kelly of the University of Miami and the Audubon Society. ld 34 April 18, 1985 4b Dr. Robert Kelly: 1 am Dr. Robert Kelly. 1 am the President of Tropical Audubon Society and our headquarters are located at 5530 Sunset Drive, Miami 33143. On behalf of the Board of Directors and the more than 2t500 members of Tropical Audubon Society in Dade County, I want to support the recommendations of Mrs. Wainwright and the previous speakers of the coalition. We request that you follow the recommendations of your Planning Department and the Planning Advisory Board and reject these amendments. Thank you. Mr. Freeman: Jack Lowell, President of the Brickell Avenue Office Association. Mr. Jack Lowell: Mr. Mayor, and Mr. Vice -Mayor and members of the Commission, my name is Jack Lowell, I am a partner with Tishman & Swire Properties, with offices at 777 Brickell Avenue. I am a Slice -President of the Brickell Area Association, representing tenants and property owners in the Brickell Avenue area. I am here to speak in opposition to the billboard bill and I think that it is clear that the Commission should support its professional staff and its Advisory Board and turn this ordinance down. There is no indication of any significant economic benefit to be gained by the City of Miami in this ordinance. In the absence of such benefits, we need some clear indications of improvements of the public health and welfare, and I suggest to you there is no such indication of any benefit in the ordinance for the public welfare. And speaking personally as a developer for Brickell Square Project on Brickell Avenue, this ordinance would significantly detriment our project. We are trying on Brickell Avenue to create an image of Miami that will show well to the rest of the world and to block that image with a bunch of large, relatively unattractive billboards, as you enter the area, in my humble opinion to you is a bad idea. That idea of course, has been turned down by your professional staff and advisory board. Brickell Area Association Executive Committee uphold them all, and are uniformly against the ordinance. I would ask that the Commission recognize there is no substantial benefit to this ordinance, and not pass it. Thank you. Mr. Plummer? Mr. Plummer: Where is Brickell Square proposed to be built? Mr. Lowell: It is presently under construction - it is a 28 story building in front of the Four Ambassadors and will be open in October. Mr. Plummer: That is on Brickell Avenue, is that correct? Yes, sir. In your first part of your presentation, you said that you support the Planning Department's in their recommendation, is that correct? Mr. Lowell: Yes, air. Mr. Plummer: You are aware that their recommendation is that this billboard advertising be permitted 600 feet from expressways. Obviously, your project far exceeds 600 feet, so in effect, you are saying that they are blocking out and would seriously impair your project, but you are supporting them at the 600 foot level! I find a conflict in your statement. Mr. Lowell: Mr. Plummer, if you System as your main way to get first thing you are conscious of that expressway system, and tha to, is the ability to have the series of billboards and not the and the downtown skyline. ld 35 t are driving the Expressway into downtown Miami, the are things right close to is what we are objecting skyline apparent to be a new architectural statement April 189 1985 Mr. Plummer: But, in other words, you have no objection to them, since you support the Department at 600 foot. Mr. Lowell: 1 didn't say that, Mr. Plummer. Mr. Plummer: But you said you supported their position, and that is there position! Mr. Lowell: I supported their position against the ordinance that would allow billboards along I-95. 1 personally do not like billboards, period, and that is my statement, on the record. Mr. Plummer: Okay, in other words, what I am understanding, just for the record. You are supporting their position? Mr. Lowell: I am supporting the position of the Planning Department against the billboards within 600 feet of the I- 95 right-of-way. Mayor Ferre: Thank you. Next speaker. Mr. Freeman: Next speaker is Howard Williams, representing the Gold Coast section of the American Planning Association. Mr. Howard Williams: Mr. Mayor and City Commissioners, my address for the record is 13874 S. W. 67th Terrace. I am a member of the Executive Committee, Gold Coast Section, American Planning Association. It is a professional organization of over 100 urban planners and regional planners from Dade and Monroe Counties. At our monthly meeting in January, we heard from both proponents and opponents to the proposed billboard amendment. A motion was passed unanimously in opposition of liberalization of the billboard legislation, which is presently being considered. Miami is in the process of becoming a world class city in response to many of the 'actions which this Commission has taken in the past. We would like to see that the skyline from the expressways coming into downtown, that can still remain and be visible to visitors and residents alike. We would urge you to maintain the quality of the environment and vote against the propose billboard amendment, support the recommendations of the staff. Thank you. Mr. Freeman: Mrs. Rose Gordon, civic leader and past president of the Board of Realtors and former Commissioner. Mrs. Rose Gordon: Mr. Mayor and Commissioners, I am Rose Gordon. I live at 1890 South Bayshore Drive. I understand the feelings that you have on an occasion such as this, having served as you are serving and listening to the public and to proponents and opponents of various issues. It is the purpose in having the public meeting which you recognize is a fact and that you want the people who attend meetings such as this to feel confident that their presence is worthwhile, that you have not a predetermined opinion, that you are listening and have an open mind, and I know you do to the issues before you. The numbers of people here today, the cross section of people that are here today are very, very significant. I can't remember many occasions where I have seen such a coalition of people of all walks of life - people in public housing, people of other financial areas, business people, all sorts of people, speaking for you to maintain the character of this community and not permit an expansion of visual pollution on our expressways. Nobody says to abandon all billboards, and Mr. Knox's arguments were directed entirely to existing billboards. There was not one reason why there should be an expansion of billboards anywhere and particularly not on the entrance to ld 36 April 18, 1985 4 4b this City, the City that we are hoping to make a world class city, a City that we are very proud of, a City that great things have happened in recent years. Please, accept the recommendation of the Planning board and also your Planning Department, consider that, and don't extend the use of billboards on the expressway. Thank you. Mr. Freeman: May I ask a question before 1 go to the next speaker - of the staff? Mayor Ferre: Yes, go right ahead. Mr. Freeman: The audience could have inferred from Commissoner Plummer's question to Mr. Lowell that this ordinance would allow additional billboards on Brickell Avenue. Is that ... could I ask the staff ... Mr. Plummer: I did not infer that. Mr. Freeman: I inferred it from what you said. Mr. Plummer: No, you inferred wrong and you can ask me, and I will give you a point blank answer. You don't have to go to the ... Mr. Freeman: Will there be more billboards on Brickell Avenue as a result of this ordinance? Mr. Plummer: It is proposed that they could be, yes because of the 600 foot recommendation. Mayor Ferre: No, no. Mr. Freeman: I,am not sure then. Mayor Ferre: Let's ... look, what is the ... Mr. Plummer: Excuse me, Mr. Mayor. Mr. Plummer: Don't analyze my intent or my opinion, you are entitled to yours as what you feel, but what I'm saying to you is that the staff has recommended a 600 foot buffer between the expressway and the first sign permitted. From Mr. Lowell's statement, his problem is beyond the 600 foot level. In no way does this preclude nor does it alter the present ordinance as relating to commercial and industrial zones in which they can appear. This ordinance addresses itself to the I-95 expressway and federal expressways. Mayor Ferre: Are you finished? Mr. Plummer: Yes, sir. Mayor Ferre: Mr. Plummer in his statement is a great advocate of what is called ad hoc logic. It has nothing to do with the issue of the 600 feet from the highway. It doesn't mean anything but what it says. Obviously, there are other laws and regulations that come into effect beyond the 600 feet. I think that what happens in Brickell Avenue is not directly related. Obviously, it's more than 600 feet from I-95. Mr. Lester Freeman: Thank you, that's what I wanted to clear up. Mr. Plummer: Let me rest your mind and Mr. Lowell's mind. Mr. Lowell should have been aware that Brickell Avenue is under the SPI district, written into that ordinance absolutely prohibits outdoor advertising in the SPI. So that should be.... Id 37 April 189 1985 4 4b Mr. Freeman: There will be no change In the regulation of billboards on Brickell Avenue as a result of this proposal. Mr. Plummer,* Correct, sir. Mr. Freeman: Thank you. Next is Professor Harold Malt, from the university of Miami's School of Architecture. Dr. Harold Lewis Malt: My name is Harold Lewis Malt. I live at 3695 St. Gaudens Road in Miami. I'm here wearing two hats. First hat, as a professor at the university. I have with me a resolution of the faculty and I'd like to read that to you, if I might. "To the Honorable Mayor and Commissioners, City of Miami: Resolved that the quality of the urban environment would be greatly deminished by the presence of billboards visible from expressways within the City of Miami and that the faculty of the School of Architecture, University of Miami, respectfully urges the City Commission to reject the proposed changes to the sign ordinance." This was unanimously approved April 16th of this year, there were 19 faculty present. Second hat, I'm a consultant to federal, state, and local agencies, specifically on the planning and design of the public environment. I've been doing that for some time. As a consequence, I was invited to the White House Conference on Natural Beauty in 1965. I have here with me a copy of the proceedings. There has been some discussion about a number of items related to aesthetics and to safety. I'd like to just introduce one more idea that was expressed in this conference. These Eideas came about during discussions of a panel, two panels, one on the design of the highway and one on road side control. I am now quoting: "The 1000 foot standard -meaning no signs within t 1000 feet of the highway- for billboards and signs along interstate highways is not an adequate or appropriate yard stick. A visibility test is needed. Any sign which is visible from an interstate highway or a parkway is presumably a trespass on that highway. It impairs public investment in the highway. It is a trespass on public property. It should be dealt with as a trespass, as an unlawful device to appropriate and to destroy community values created by public investment." I have one more brief quote. "It seems to me that..." Y This is a Mr. Barns speaking. "It seems to me that these are obvious attempts to appropriate values that have been created by public investment. They are a trespass on public property. I don't care whether they are 1000 feet P'w away or 5000 feet away. If they are built on a scale where they intrude on the highway, they are an attempt to appropriate and to destroy values which the tax payer has created." ..: Thank you very much, gentlemen. APPLAUSE. Mr. Freeman: Mrs. Adker, an Overtown civic leader. Mrs. Anne Marie Adker: Mr. Mayor, Commissioners, I'm Anne s, Marie Adker, 407 N.W. 5th Street, that's Overtown. I am here today to express to you the concerns of the Overtown residents, since the expressway happens to come through and `- divide our community. It is of great concern to us, since everybody is in opposition to the billboards being in their area of the expressway. We in Overtown realize that ld 38 April 18, 1985 anything opposed in other areas happen to end up in Overtown. We want to make sure that this does not happen, though it is a deteriorated area, we don't want it hidden by billboards. Thank you. APPLAUSE Mr. Freeman: Mrs. Selma Alexander, former member of the P.A.B. Mrs. Selma Alexander: Good morning gentlemen, Mr. Mayor, Honorable Commissioners, and welcome to Sergio Pereira, whom I knew in a different role. I'm Selma Alexander. I live at 2323 S. Miami Avenue, which is in the heart of almost downtown Miami at this point in time. As a former member of the Planning Advisory Board, which was very involved in devising the plan that would maintain the proper zoning and overlay districts, the planning districts, the billboard ordinances, I'm shocked and amazed that anybody would dare at this point in time to come and try to destroy what we worked so diligently to create. I only have to echo the comments of everyone else. I don't need to go on about tourism and a world class city, and that sort of thing. Everybody else has said it far better than I. but I have a very personal stake in this, because I and the rest of our Planning Board at that point in time worked long, long hours; had thousands of meetings; hundreds of hours of caucuses, neighborhoods, etc. and to upturn anything that affects that I think would be disastrous. I thank you. APPLAUSE Mr. Freeman: Mr. Thorn Grafton, architect. Mr. Thorn Grafton: Thank you, Mr. Mayor, Commissioners, my name is Thorn Grafton. I'm an architect, a member of the American Institute of Architects. I have my office at 69 S.W. 11 Street in Miami. We have some other members of the A.I.A. here also today, so I'll be brief and let them speak on these issues as well. The urban skyline is regarded as the most visible achievement of man on Earth. The Miami skyline is the ever changing face of our local history and civilization. We try to maintain a balance between the buildings, trees, sky, and water to help us keep our special image. Billboards will knock that equation out of balance. It will be almost impossible to talk seriously about harmonious urban planning and development after they are erected. Other neighborhoods, like Overtown and Park West do not have skylines. A key to their future development is the promise of visibility from the transportation corridor. Billboards will lay claim to that most important visibility. Commissioners who yield to property owners with front yards on the highways then discourage development by neighboring property owners who will then find themselves obscured in the shadow of billboards. Who has the most to gain from this? It is not the City of Miami with a few revenue dollars or even the billboards companies with their great profits. I think it is the products on the billboards, products which seldom give back to the community what they take away. Billboard are not all public service and local institutions obviously. It is the Malboro man and Johnny Walker who's fame is fostered. Alcohol and especially cigarettes are predominant billboard images. What do the use of these products give back to the City? Travel billboards are popular also? Do we want to encourage tourists to fly to Caribbean resorts? The main issue, however, is the visual litter caused by these billboards. I respectfully suggest, honorable Mr. Mayor and Commissioners, that if you are concerned with the quality of Miami's image and the quality of life here, that you please vote against the proliferation of the billboards. Thank you. ld 39 April 18, 1985 4b Mr. Freeman: Mr. Dick Bagdall, advertising and corporate environmental design profession. Mr. Dick Bagdall: My name is Dick Bagdall. I'm a member of the American Institute of Graphic Arts, also member of environmental graphic designers. We are not opposed to billboards since most of our business is done with sign companies, communications systems to take people or direct them here and there. We are opposed to the billboard on I. 959 on the major intersections of this City. I think a nice slogan is Miami is for me and I think it should be for everybody. You have a great City. It's going to be much greater. I think you should keep it that way. Thank you. Mr. Freeman: Frank Martinez, representing the A.F.L.C.I.O. Mr. Frank Martinez: My name is Frank Martinez, I represent local union sign and display 1175. We are opposed, and when I say we, I spoke to my membership and I told them what I was doing, and they are in favor of it. South Florida A.F.L.C.I.O. is endorsing my move too. We are not against signs, we make signs. We make a living doing them. We are opposed to signs on I-95 downtown area. I again repeat what I said the last time. I drive down I-95 and I see the beauty of the skyline. I remember in the 30's they had no expressways and I couldn't see no skyline, only when you went down McArthur and you see the skyline. We always admired the skyline, my family and I. Today, if you put billboards on I-95 in the downtown area, believe me, Mr. Commissioners and Mr. Mayor, you will not see the skyline. You might see it winking through the bulletin boards. I cannot understand why this issue had to come up in this City Commission meeting. As far as the monies towards the City of Miami, I think you could get enough donations from the group here to make up the permit money that you're going to get making signs put on I-95, but the profit of the outdoor industry, which I am well aware of the outdoor industry, because I have meetings all over the country and I talk to people. Their rent on an outdoor downtown would average maybe $5,000 or $69000 a month on each board. They say they're going to put 16. I understand through the planning maps, I've seen spots where they're going to put 50 of them. They can put 50; I'm not saying they are, but they can pdt 50. They will put 50. If you can get a permit for 55, they'll put 55 because there is a large profit in the outdoor industry and in the sign industry too. I've been criticized in the Planning Board; I wasn't there. I had to be out of town. I was opposed to this because they were using non -union people. That is far from the truth. Mayor Ferre: They are using what? Mr. Martinez: Non -union people, that is far from the truth. We have a right to work in the State of Florida. I understand that because I was born in the State of Florida and I've lived here all my life. I know the laws of the State of Florida and I've abided by them from day one. The point is that we do not worry about how many people we're going to hire in the industry to make a living. We're doing all right. We have over 300 people in our local union. We seem to get along pretty good since 1923• This is when we were initiated in this town in this local union, so we are not worried about it. The amount of money, and you have got to look at this, the amount of money that the outdoor industry can make on these boards, by the amount of money that the City of Miami is going to get, on permit money is like a mountain and a molehill. And Gentlemen, I believe that you have got the representation of the public here, and by golly, you represent the public, not private enterprise, and I hope that you consider this very thoroughly and vote Id 40 April 18, 1985 46 against this ordinance because 1 believe you will be doing a favor to yourselves and to the City of Miami. Thank you. Mr. Freeman: Mr. Woodnick of the Citizens for Quality Government. Mr. Joe Woodnick: Mr. Mayor, Commissioners, Joe Woodnick, 8343 N.E. 3rd Court. I have been active in this county and the City and talked with many people at various levels of government in the community, and activists, economic levels, etc. I want to convey to you Just exactly what Mr. Martinez says - do yourselves a favor, Gentlemen, because the perceptions out in the community of this Commission allowing this to happen is going to be very negative and I suggest that you help yourselves, thank you. Mr. Freeman: To close our presentation is Mr. Lester Pancoast. Mr. Lester Pancoast: I am Lester Pancoast, 3351 Poincianna Avenue, Coconut Grove. Commissioners, 1,500 feet is only a quarter of a mile. A quarter of a mile on the expressways at the speed that we travel them goes by almost unnoticed, but they won't go by unnoticed if we have billboards to mark them. They will be the things that we notice. Among countless meetings on this subject, we talked about compromise. Would there be some sort of way to compromise on the issues here. The general feeling was one that I think astonished a lot of us. There was no compromise! We simply didn't want one half mile instead of one quarter mile, because all you need is exactly placed is one or two of these things to destroy the skyline. You don't need twenty five or fifty, and the question whether there are twenty five or fifty really shouldn't be even involved in these discussions. We talked before the Planning Board about the possibility of placing billboards in other locations by way of illustrating that there are simply places that you must not do this thing, or you will cause fundamental irreparable damage. We talked about putting them in the bay so they could be seen very easily from the causeways that go across the bay, and that kind of startles � some people, but we submit that these expressways are _.. another or these laces where p you must not put this thing .` If you do, you are going to cause infinitely more damage ?' than you have any idea. No amount of public purpose is going to justify the damage we are talking about. As for Knox's published remarks that billboards will hide overtown and therefore won't do any damage, I am shocked. I am shocked by the logic behind that kind of talk. This suggests that Overtown will never recover from its present difficulties or that such residential areas would not be damaged because the also will look at the backs of these i signs and you can be sure the will have b on t B Y Y billboards hem a too. To help the Commission visualize, so that none of us here today can say "Oh, Lord, I didn't realize how this would look", I have taken some Polaroid photographs to make some before and after sketches. One of them was in the paper this morning. It is possible to pick flaws, I suppose, with these sketches, but do so and you will come up with an effect that is very much well represented in them, we believe. Now, these sketches are made from actual photographs from an automobile just as you would see them at that height. They show the size of structures and the approximate spacing which is allowed by this change of ordinance. You will also please understand that these billboards are not invented by us. They are not imaginations. We could have come up with even more horrible ones. These are billboards that are currently on the street. I went out and took the first five billboards that I came across and those are the ones that I used in the ld 41 April 18, 1985 k am f:- sketches. So please realize it is an honest attempt to show you what we think is a terribly, terribly damaging proposal, and I hope, please that these people holding the boards will also show them to the audience so they can see them because all of Miami is going to be interested in this result and they are not going to forget what it is all about. Mr. Carollo: Mr. Mayor, may 1 ask a question of one of those illustrations? Mr. Pancoast, the gentlemen that was holding the two at the end here, that I think had three billboards on it i- Mr. Knox, can you look at this also? Are you telling me that the illustration that you have in your left hand, that that is the way it is going to look with a 1,500 feet spacing, or more? It just doesn't appear to me like there is anywhere near 1,500 feet in between those billboards at all. Mr. Pancoast: A quarter of a mile is a very short distance. All you need to do ... you could have them every half mile and still line them up at an angle where you are going to see within a mile five billboards, and there are many places on the expressways where you get a good view of a mile, so I have only been able to show three because my field of vision in the sketch is narrow compared to what your eye takes in. There are places on the expressways where you will get the whole twenty five at one time! That is the scope of magnificence of the view of our downtown. Mr. Carollo: I can certainly appreciate what you are trying to show, but I just cannot conceive that the illustrations that you have there have a 1,500 feet spacing in between each of those signs, and that just seems to me impossible, looking at that from here, there is that much space in between those signs. Mr. Pancoast: Well then, look at the other samples. Mr. Plummer: Let me, I think for the record ... Mr. Pancoast, you are saying, as I understand it, that this is not according to scale. Is that a safe statement? For the record, these drawings do not represent a scale? Mr. Pancoast: No, they don't. Mayor Ferre: The what? Mr. Pancoast: The lens. Mayor Ferre: The lens. They represent ... Mr. Knox: It is called a fish eye lens. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Well, I think the question is, when these signs, and this one I think is the strongest one - on the left hand side. That is within the realm of reality of what it could look like, give or take a little bit. Mr. Pancoast: Yes, give or take a little bit ... (INAUDIBLE ... ... It is really important that we use our imagination to figure out what is going on there because it's easy to sit there and INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD... Mr. Carollo: Well, I certainly think it's important that we use our imaginations on it, but use them with the realities. I cannot believe that the picture that I'm seeing in the right is the reality of what it would look like. sl 42 April 18, 1985 6 Mayor Perre: Before we get to Ernie and to George, we have Mary Anne Andrews is the only person that has not spoken of the opponents that you had on your last. Is she still here? Is Ms. Andrews still here? is there anybody else that is an opponent who wishes to speak at this time that has not had an opportunity to speak. Mr. Fannatto, do we have the information first for Mr. Fannatto yet? Would you give it to him, please? Mr. Ernie Fannatto: Ernie Fannatto is my name and I'm president of the Taxpayers League of Miami and Dade County. I was only trying to get the run-down to get both sides of the issue before I recommended. I did get the monetary value, but of course, money is not the issue here, but I thought there might be some leeway where we could do something for these billboard companies. It is a very necessary business and I do hope in the near future that we can do something for them in the right location that's legal. But here, I'll have to say no. I have to say that I think we should upgrade and keep the integrity of the billboards on the expressway. Thank you. Mr. Carollo: Ernie, I'm not quite sure we understood your position. Are you for or against it? Mr. Fannatto: There is nothing for the City of Miami to gain that I can see here and we're going to lose the integrity of the expressway and monetary value is going to cost you more for expenses anyway in going around here and there. Mayor Ferre: Mr. Whipple, I think Mr. Knox has the right to rebuttal, unless you want to answer some questions. Mr. Richard Whipple: If you wanted the figures, we did come up with a couple of figures to relate to you. Mayor Ferre: Go right ahead, put them into the record. Mr. Whipple: Starting off with the permitting process, there would be approximately $55 per sign for permit fees. If we went to the, let's say, maximum potential, that would be a total of $2,700 in permit fees. That's a one-time income to the City from the permits. If it's special exception were to be passed, that is scheduled to $800 per sign; that also is a one-shot deal and that would yield approximately $40,000 when all the signs would be built out. Additionally, there seems to be a small increment as it relates to the tax assessment of property to the improvements. If you had a total build out, that would be approximately $18,750 per year from the tax structure. Mayor Ferre: Thank you, sir. Mr. Knox, before I recognize .A you for a rebuttal time, I've been asked to read two letters ^: and two telegrams into the record. The first one is from the Latin Chamber of Commerce, CAMACOL, signed by Eloy Gonzalez, president, Mr. Carandy, secretary. "Board of Directors of CAMACOL agree to support the committee against expressway billboards, CAB, s and commended their efforts and their fight =.- - against these signs. Miami is a growing -' metropolis both nationally and international) recognized for its natural beauty. Despite our phenomenal growth, we have managed to maintain through hard work a lovely City full of trees and with an impacting view of the beautiful ocean which surrounds us. We hope that by supporting ' CAEB, we can keep all of the positive things about Miami alive, as well as contribute to stop those {q things which are negative. We urge you to sl 43 April 18, 1985 consider not changing the 1962 law and continue to work together making Miami the wonderful and pleasant place it is to live." The second letter is from the Tigertail Association to the members of the Commission at its regular membership meeting on Tuesday, April 16th, the Tigertail Association where it expressed to the City Commission unanimous opposition to any changes in the present restrictions on the size and placement of billboards within the boundaries of the City. This was voted in the interest of protecting the beauty of Miami and the skyline and in the interest of safety on the expressways. We have two telegrams of opposition. One from Mitchell Wolfson and the other one from Pamela Baker Johnson. Mr. George Knox: Thank you very much, Mr. Mayor, let me on the record stand corrected concerning the length of the Gettysburg Address. It was 19200 words rather than 12 minutes. I will use less than 19200 words in my rebuttal. I think it's important at the threshold to acknowledge that 15/16ths of the opponents to the proposition before you stuck with the issue. I think that the heat and intensity of thee motion associated with it, was what may have precipitated Mr. Pancoast to make a precipitous personalized remark, and I will certainly forgive him on the record for misquoting me and I'll forgive him also for the innuendo that was contained in the words that he used. Of course, with regards to the sketches that were presented, the City Commission has very accurately determined that those views the type of which could also show the entire skyline of New York City within a single frame or photograph. This question of aesthetics is one that is certainly relative. There are those who in the early 1960's when the City Commission decided to approve high-rise development on Brickell Avenue, who determined that high-rise development would block views and vistas of the Bay and would constitute visual pollution, there are residents I'm certain, or people who own units in the Four Ambassadors which face west which might determine that some development that blocks their view of the City of Miami skyline is visual pollution. But the City Commission in its wisdom, as it has always done, recognized that certain things are beneficial to the community and important to the community and so the City Commission in its wisdom determined that it would regulate high rise development by creating spacing and distance requirements, by creating view corridors, by controlling density and by exacting public amenities. And so it is with the ordinance that is before you now. The provision of outdoor advertising consistent with the policy of the State of Florida and the policy of the City of Miami is something that is important to this community and susceptible to fair regulation and we urge you and endeavour to persuade you that there are no compelling legal aesthetic or safety factors which would preclude your adoption of the ordinance before you and we sincerely urge you to do so. Thank you. Mayor Ferre: All right, are there any other statements to be made by the general public? All right, now we get to the question period. Are there any questions by members of the Commission? ... Well, you can make a motion to close it if you want. Mr. Plummer: Mr. Mayor, I make a motion, I assume that everybody that wants to has had the opportunity to speak both pro and con. Seeing no one else wanting to come forth, I make a motion to close the public hearing. Mayor Ferre: Is there a second? Mr. Dawkins: Second. sl 44 April 18, 1985 7K s;- M Mayor Ferre: Further discussion, call the roll on closing the hearing. The preceding motion introduced by Commissioner Plummer and seconded by Commissioner Dawkins was passed and adopted by a unanimous vote. Mayor Ferre: All right, how, questions from members of the Commission. Mr. Plummer: Mr. Whipple, one thing that I can't equate in my mind, and I guess maybe you can answer for me, and it was brought out on one of Mr. Pancoast's drawings - in many cases and many instances, there are two distinct sides to an expressway. That 1 cannot find spelled out because one of his drawings here would give me the perception that there was a sign on both sides of the expressway. As written into this ordinance, is there a distinction between one side or both sides? In other words, let me graphically understand with you. The 1500 foot, as proposed in this ordinance, would apply of distance between signs regardless of which side of the expressway, is that correct? Mr. Whipple: No, sir, that is not the way it is drafted and was not the way it was suggested it be put into the ordinance. It is 1500 foot spacing along that side of the expressway and does not radially jump across an expressway. In other words, you could, in fact, have two signs right across from each other on each side of the expressway. Mr. Plummer: Facing the same way. Mr. Whipple: Yes, sir, or both ways. Mr. Plummer: That was the one that brought it to my attention. Yes. Okay. Let me ask you another question. It has been said that there are presently billboards within 35 feet of expressways but they are below level and face the other way. Is that a true statement? Mr. Whipple: That is a true statement that is reflective of what the existing regulation permits. It does permit signs within 600 feet of the expressway providing they are faced away from and do not exceed the 30 foot height limit. Mr. Plummer: So in other words, the basis of my question is that they are presently permitted if it is a commercial or industrial zone, that they are permitted within that close proximity to an expressway. Mr. Whipple: As long as they are not facing an expressway, yes, sir. Mr. Plummer: All right, sir. Are you aware, Mr. Whipple, on the Palmetto expressway, that they presently have outdoor advertising, is there a minimum setback on that? Because from my driving down it I don't seem to feel that there is. Is there any setback requirement? Are you familiar with the Metro ordinance? Mr. Whipple: (1) In the area of the Palmetto which you are referring to, it is not the unincorporated Dade County, it is a corporate area of Hialeah or Hialeah Gardens or Medley. The Dade County ordinance does not permit billboards, in the unincorporated area it does not permit billboards along the expressway. to answer your question, from my brief perusal of the Hialeah sign law and by the visual inspection out there, I am assuming the signs can come right to the edge of the right-of-way. sl 45 April 18, 1985 Mr. Plummer: All right, sir. Madam City Attorney, let tie ask on the record of you, and put on the record the answer that you gave me. As this has been Modified and the purpose that it was sent back to the PAD for - thank you, Lester - was that each individual location would stand as an u individual application. Is that correct? Mrs. Dougherty: That is correct, Mr. Commissioner. Mr. Plummer: And those applications would stand on the merits before the Commission as an individual application. Mrs. Dougherty: That's right. Mr. Plummer: All right, two questions that I have. (1) If, in fact, this Commission saw fit that they did not want signs at 1500 foot or one in the same proximity on the other side or in the middle, would that be a basis under Conditional Use for this Commission to deny that application? Mrs. Dougherty: If it falls, and my answer is yes because it would probably fall under one of the five criteria that you have to review these. One of these is the impact on any vista or views that would be affected or the relationship of other roadway signs inclusive of directional signs, the impact of notable structures or land marks, those are the sorts of criteria that you would have to use to determine whether or not you are going to allow them within 1500 feet or greater than,1500 feet. Mr. Plummer: All right, but under this ordinance here they could not be any closer than 1500. Mrs. Dougherty: That is correct. Mr. Plummer: That is a minimum requirement. Mrs. Dougherty: That's right. Mr. Plummer: The other question that I have, under conditional use, is it reasonable to believe that if a Commission in the future were to approve an individual application that they could put a time limit or a review on an individual location? Mrs. Dougherty: Yes, air, that is done quite often in the Zoning Board of adjustment when they grant variances with conditions and that would be an acceptable condition of your special exception. Mr. Plummer: My final question I would assume is to you. It has been purported by one owner, he does not, and made it clear he does not speak for others, that if, in fact, he volunteered to give in -kind services in return, i.e. as I heard proposed at the last meeting so much free advertising per year for the City to use in the manner that it sees fit, is there a way that this Commission or further Commissions could enact an ordinance spelling out what that could be used for? For example, one of the best programs that I ever saw was in Jacksonville and it was in reference to the Jacksonville Sheriff's Department for a program of Crime Watch and people's involvement. That to me is a permissible use and it would be a good use regardless of where. I am concerned that a future Commission would think that other matters could be used for City use. Is there a way in another ordinance or however you see fit that this Commission and future Commissions could be bound by what the use of that voluntary time could be? sl 46 April 18, 1985 a Mrs. Dougherty: Mr. Commissioner, you could pass and ordinance delineating those areas where you would want to use the donations by the sign companies but any future Commission, as you know, could change an ordinance. Mr. Plummer: I have no further questions at this point. r Mayor Ferre: All right, any other questions from any other members of the Commission? All right, we get into statements. Does anybody want to make a statement? Statements? Mr. Plummer: Just for the record, Mr. Mayor, I want to clarify that this before us today, I have read with interest that this is the tenth time it has been before the Commission. I believe it is only the second time before this Commission that it has been heard. Mayor Perre: Well, it is as accurate as other Herald statements. Mr. Plummer: All right, but I'm just trying to clarify the record. And, in fact, because this was sent back to the PAB it is here today before us on a First Reading and will require 30 days hence a Second Reading. Mayor Ferre: Let me, since you touched on that magic word, the Miami Herald Editorial Board, let me just add that ►;: Phillip Hammersmith who is here and is my good friend and also a person that sometimes is involved in political things and in all my political campaigns, is for these signs. He is a lobbyist and he has been retained by Mr. Gene Hancock. I am who I am and what I am. The editorial people of both newspapers do not understand that people here have y independent criteria. Rose and Alice Wainwright went through these barbs during these times, Alice, you were a particular target for a while you served on this Commission and for sure, Rose, you were, I remember that. And these '. people do not understand that people who sit up here really r can have independence of thought and integrity in their criteria. There are a lot of things that Phillip Hammersmith is for that I am against and have been against and will be against and he sometimes gets very upset with me because he thinks that I have an obsession against pornographic pictures and other things that he thinks is a violation of his First Amendment rights and that is his problem, you. But my position is my position. Gene Hancock i3 is also my friend, is my personal friend, has been my friend ' for many many many years, perhaps longer than just about r anybody in this room except for Glen Whittle. He will continue to be my friend. I will do anything that I can to help Gene Hancock and his family and his interests. However, I am opposed to these signs. Gene Hancock knows I �will do everything that I can within my power to stop this Y from happening. But certainly I think we are all free to vote our convictions and to express our opinions and to do what we can as a right and proper thing. I am simply opposed to billboards as a general rule but I am specifically and strongly opposed to billboards on highways, especially, especially along the I-95 corridor for the very simple reason that one of the most beautiful things that we in Miami have is the ability to look out over the bay, to look out over Brickell Avenue and the growing skyline of downtown Miami which is without exception, and I say this, I rF>� think those of us that live here sometimes don't recognize r the beauty of Miami. The other day George Will was here, a famous national columnist who sometimes goes out too much on a right wing limb and is a strong supporter of the Presidents and so on, but he is, as you know, the editorial sl 47 April 18, 1985 commentator in Newsweek and is active in television shows and he was here the other day and I took him to lunch at the bankers' Club in the One Biscayne Building and he looked out over the Bay and he said, "You know, I don't think there is a prettier view in America other than San Francisco that is as spectacular and as beautiful as this view". And anything that hurts that, in my opinion, hurts the overall Community. I know this is private enterprise and I know people have a right to hake a proper and honorable profit and certainly there isn't anybody that is harder working than Gene Hancock and his two sons but I really think that what is involved here is a major major thing for the beauty and the aesthetic beauty of Miami. And you know, that is one of the main things that we sell as a community. And when we get here and we get investors, we get lenders from Prudential and Equitable and we get multi -national corporations and we get international bank presidents to come in here from Hamburg and from Paris, France and London it is part of the job creating effort in industry, in commerce and in banking, one of the things that we do have to sell is the beauty of this community. A lot of people, yesterday Gebre called me from the Miami News about the importance of education. God knows that as compared to Austin, Texas and Chapel Hill, North Carolina and other parts of this country we're way behind in competing. We cannot compete with those places for high tech industry and as they leave "Silicone Valley" and they get the short list of where they want to look, one place they don't look is Miami because we don't have the educational facilities, with all due respects to - and I can Just see this in the gossip column in the Miami News two days from now - with all due respects to the University of Miami and FIU,' they are aspiring to have that type of excellence and they have wonderful departments - the School of Medicine and the School of Law and so on. But the fact is that we cannot compete technically and that is what - and I see Dean Hopkins from FIU is here and he gave up a very important position in a very important engineering school in Texas and threw his lot in with us and due to his efforts and Greg Wolfs and FIU's and the University of Miami, some day we will be able to compete with the Georgia Techs and the Texas, A A M'a of the world. But right now, what we've got going for us is the natural beauty of Miami which is a great plus to attract people to this community. And so what is involved in these signs is a lot more than just 10 or 15 Jtx or whatever it is signs that would be going up. It deals with the whole fabric of what Miami is all about. Miami soon will have $100,0009000 of ad valorem taxes coming in per year which will be a record. people misunderstand that. ..r. That has come about because we have worked hard to develop r downtown when other parts of this town have not been } developing we have been pushing. We have been pushing to get Brickell Avenue and the Omni area and Coconut Grove and other parts. And don't tell me yes, because it just happened naturally because of the beauty. Miami Beach is •r.";..--.. . - 'ram just as beautiful. Now, they're going to do a great job in recuperating but they have lost 10 years in the past and that is just as beautiful as Miami. We have been pushing to get people to build things and to do things and that has created an ad valorem tax base which is I think one of the great achievements of this City in this past decade. but the reason why these people come and spend money, we heard from Jack Lowell - I don't know whether Jack is still here - .: ;+ why the Tishman Spires, why the big developers from New York are coming here and buying property and developing it and 4 :r the big insurance companies are putting in hundreds of , millions of dollars in here is because they believe that they are going to make money and they believe that they are tiEh going to make money and they believe they are going to make money because they believe in the quality of life that Miami represents or will represent. That is the importance of the sl 48 April 18, 1985 Park. That is the importance of Bay -tide. That is the importance of beautifying the river. That is the importance of the things we're trying to do in Coconut Grove. That is what this is all about and I think, I don't mean to belittle the environmentalists, those of you that are here from the Audubon Society, that is important but that is not where I'm coming from. I'm coming from Economic Development. I'm coming from where Ernie Fannatto is coming from and that is the tax base. I'm Coming from the development of this community and I say to you that this type of signs are detrimental to that and I rest my case. Mr. Dawkins: Mr. Mayor and fellow Commissioners ... Mr. Plummer: Miller, excuse me for one minute. For the record, Madam Clerk, would you get a copy of that and send it to Mr. Fromberg, I'm sure he would like to hear the counter statement by the Mayor today. Mayor Ferre: Let me tell you, I went there personally. No, Plummer, I don't work that way. I went there personally yesterday and clarified the situation and they understand exactly what I meant and agree. I would never do that to embarrass my colleagues and our colleagues in Miami Beach. Certainly the past is what I'm talking about. The future and the present and what they're doing now is tremendous. What they are doing now is what we've been doing here for the last decade and they finally caught on and they say they're going with us. But the point is we've done it and we have made our point and this deals with that. Mr. Dawkins: Mr. Mayor and fellow Commissioners, and to Ell' you, ladies and gentlemen, it is indeed a pleasure to sit here and see our government in action. That is to see the citizenry sit and express your views and let us, the elected officials, hear your point of view and use that as we debate to arrive at a decision. Mr. Manager, will you have them put that first overlay on, please? Now, Mr. Rodriguez, would you explain to me, although this is not your flier, would you explain to me what that means and how they arrived at that? In your opinion. Mr. Sergio Rodriguez: I couldn't tell you exactly how they arrived, but I imagine that they represent the locations of each one of the possible sites where a billboard could be placed. Mr. Dawkins: Possible. Mr. Rodriguez: Possible sites. Mr. Dawkins: Now, before those signs could be put in these possible sites, according to this ordinance, they would have to be voted on by this Commission. Is that what this ordinance spells out? Mr. Rodriguez: Right, it would have to be voted individually one by one. Mr. Dawkins: Okay, by the same token, going back to Commissioner Plummer's question, if it was a sign on one side of the road and a sign company wanted to put one on the other side of the road, this Commission would have the right to deny that sign, is that right, according to this ordinance if it were passed? Mr. Rodriguez: You could deny it as part of the special exception process, yes. RT UF April 18, 1985 :J Mr. Dawkins: Okay, how slid the administration vote when they were putting time olooks all over town and that advertising, how dial the administration vote on that? The Planning department. Mr. Rodriguez! The Planning Department recommended against It. Mr. Dawkins: but what happened? Mr. Rodriguez% The City Commission approved the request for proposals from applicants and we are going to come back before you soon with a recommendation. Mr. Dawkins: But you recommended denial and we passed it, right? Mr. Rodriguez: Right. ' I Mr. Dawkins: So if we pass this it is nothing new, right? Mr. Rodriguez: No. i Mr. Dawkins: Okay, thank you. May I have the next slide, Mr. Manager, please. Mr. Hancock, Mr. young Hancock, will you explain this to me, please. Mr. Hancock: Yes, the darkened areas indicate where you're 'R not allowed to put signs. k Mr. Dawkins: According if this ordinance is passed. P Mr. Hancock: Right. And, of course, some things that indicated like height aren't the of the express right at downtown Miami there stands 87 feet. The light areas are areas where you will allowed to build billboards. As you . can see, it is a lot different. Mr. Dawkins: But you are realizing that we aren't going to have any signs on both sides of the road if this were _ passed, that means that just above that "N" there would be k,. no signs. Mr. Hancock: No, that is where there are signs allowed is R in the light areas. Mr. Dawkins. It is allowed now? Mr. Hancock: No, in the dark area you're not allowed to put signs. Mr. Dawkins: No, without the ordinance what can you do? ' Mr. Hancock: You can't. � Mr. Dawkins: Okay, that's what I'm saying. Y 6 . So if this � --r ordinance passes, you would have been able to put signs in that yellow area above the "N", right? Mr. Hancock: Yes, sir. .-: Mr. Dawkins: But if you come to this Commission and we say -a_ty no you don't get no signs. Do you understand that? Mr. Hancock: Yes, sir. Mr. Dawkins: Okay. Now, in the Overtown area from Flagler Street - administration - in the Overtown area from Flagler Street to 14th Street, what is the height of the expressway? _ 4 4 RT 50 April 18, 1985 Mr. Hancock: I've got an overall height, I've measured it at 87 feet at the highest point. Mr. Dawkins: Okay, but I have to get that from the administration, Mr. Hancock. Mr. Whipple: I do not know the exact footage, I would way that we probably are talking in the vicinity of 80 or 90 feet at the highest point down to a lower level, I believe in the vicinity of 22 feet. Mr. Dawkins: So where is 80 feet, and we are allowing a ` sign up to 60 feet, then the individual, he would be a fool a , to put a sign there, wouldn't he? Mr. Rodriguez: Actually, you will be allowing 60 feet above that height. Mr. Dawkins: No, according to the ordinance it has to be 65 feet from the crown of the road. Tt didn't say 65 feet from the crown of the expressway. Now, what is right now? Mr. Rodriguez: I'm sorry, I have to correct my statement. Mr. Dawkins: That's Okay, no problem, but that is 65 feet from the crown of the road. Mr. Rodriguez: Right. Mr. Dawkins: So, now, he couldn't put a sign, I mean he would be a fool to out a sign 60 feet high where he has a height of 80 feet. Is that right, sir.? Mr. Rodriguez: What he would do or not I cannot tell you. Mr. Dawkins: All right, so that means that how many, according to that, if we passed that, how many signs could possibly go downtown according to that lighted and darkened area up there, approximately? Mr. Rodriguez: Where, in downtown, you say? Mr. Carollo: Can we have the other map that was shown there shown together with this one here? Mr. Dawkins: Overlay it, just take it up and overlay over ... There you are. Mr. Rodriguez: They are different scales so I cannot match them one on top of another. Mr. Dawkins: According to that now, approximately how many signs would be in the Overtown area? I mean downtown first. Mr. Rodriguez: I'm trying to get a clearer map so we can read it better because that is hard to see. Mr. Whipple: In the close -in downtown area, an estimate, and this is all based on what signs exist and other features as to the siting, there is a potential, perhaps, of three immediately downtown. As we move northward starting at about 5th Street on up to the Airport Expressway and the I- 395 there is a potential of another three plus two more as you head over toward Mac Arthur Causeway. Mr. Dawkins: So we're talking in terms of eight signs. Is that right? Mr. Whipple: A potential of that, yes. HT 51 April 18, 1985 Mr. Dawkins: Okay, eight potential with the City Commission having the right to deny the rest of them. Is that correct, sir? Mr. Whipple: The City Commission has that right. Mr. Carollo: Excuse se, Mr. Whipple, these are signs that will immediately be in the area of downtown. Mr. Whipple: Yes, those were the ones I was referring to just now. Mr. Carollo: That would include Briekell? Mr. Whipple: I didn't go south of the River. Mr. Carollo: Now, if we would include up until let's say the beginning of Dixie Highway, how many more would you have? Mr. Whipple: At the most probably three, a potential of three. Mr. Carollo: So you're talking a potential maximum from U.S. 1 and I-95 to the part of I-95 at Mae Arthur Causeway of a maximum of eleven according to your estimates of what can be placed. Mr. Whipple: Roughly. Mr. Dawkins: Okay, from I-395 to I-112, how many signs could go in there? Mr. Whipple: 1129 is that 36th Street, sir? Mr. Dawkins: Yes, 36th Street to - no, 12th Avenue to 36th Street. Mr. Whipple: On the northerly side of the ... Mr. Dawkins: It would be the westerly side. The expressway runs north and south so it has to be east or west. Mr. Whipple: Approximately nine, sir. Mr. Dawkins: Approximately nine. Now, those nine individuals have contacted me and they have told me that to them this is income. Most of them say that they are on a fixed income and that they are .... I didn't say anything when you were up here. Give me the same courtesy I gave you, please. Please do that for me. Those nine people told me that this is fixed income for them and they don't feel that I should not allow them the right. No one is saying that they have to, but the right to lease their land if they want to. Now the same people who are in here convincing me not to vote for it, all they have to do is go convince these individuals you shouldn't rent your land to this sign guy because he is going to put a sign up and it is mar the beauty of the City. So, therefore, as the Mayor said, he has his reasons and my reason is I'm going to support it as one vote. I'll have to support this ordinance with the specifications that all signs have to come before this Commission to be approved by this Commission to insure that as - I am just as concerned as they are that we do not mar the beauty of this City and I'm going to see to it as long as they let me remain here that Miami be a beautiful place in which to live but also that a person can exercise the right to use his or her property as he sees fit and we should not tell those individuals or every one of these signs has to be put on a piece of private property and if RT 52 April 189 1985 f a that person who owns that private property does not want that sign there it will not go there, but if that person chooses to let a sign go there he should have that right. Thank you. Mr. Carollo: Mr. Whipple, how did you come to, should I say the Department, come to the conclusion that there are so many available sites? Did you do it by measuring out spaces of 1500 feet along the area that we're discussing, or did you do it by going physically out and seeing what land, what commercial land is available that could be leased out? Mr. Whipple: No, sir, we just applied zoning to a map and mathematically or engineering -wise measured 1500 feet distances which is what prompted my earlier remark that these are potential sites, not based upon what is physically on the sites now or what other constraints might occur, Mr. Carollo: So in other words you gave this estimate based on the fact you measured out spaces of 1500 feet from each other along that route. Mr. Whipple: Yes, sir. Mr. Carollo: Now, along that same route is all the land that is within that route is zoned for these boards to be placed in them? For instance, did you take into consideration that some of that land might be County or State owned land that, of course, they cannot place any billboards there or things of that nature, or maybe structures that would be so large that would not permit billboards to go there? Was that taken into consideration or not? Mr. Whipple: As I indicated, we did not do a physical inspection of all the zoned property. Mr. Carollo: Well, I think you have answered my question there and that is that I can just not envision so many sites being available and I was wondering how you came about in estimating so many sites and I think you've come about it is not a very realistical way of looking at it at all. Maybe their's isn't either, maybe there are more than 17 or so locations. but I certainly don't think that 50 or more is realistical and out of maybe say 20 or 25 or so locations that might be available, that doesn't mean necessarily that in each of those locations you're going to have people that are going to be willing to lease land out for this purpose. that would out it down, I think, even more so. Last but not least, each of these available sites will have to come before the Commission one by one to decide location and that is where the key to this ordinance is. I think most of you are concerned that in the downtown sector and in the Brickell sector that there are going to be so many of these signs that it is going to have the effect that we were shown here in some of these drawings. Now based on what Mr. Whipple has said on his very broad estimate, the most billboards that you could have is eleven and if we probably come right down to it and look at the realistical amount that might be able to go in those areas, I would probably say that there will be half of that. There is no way that that amount of billboards is going to be able to block as much as we have been shown supposedly in some of these drawings. I can't see that whatsoever. the bottom line is that each of these possible locations is going to have to come before this Commission and all of you can come at each of those hearings and discuss the pros and cons of each location.• If there are locations that truly will block out as much as we are led to believe here I am sure that this Commission is going to have an extremely close look at that RT 53 April 18, 1985 T before we approve that particular site. But this is a very heated issue for and against and t certainly don't believe that whether these 11 or gb or whatever amount of sites is going to be approved in the request is going to have the impact that is being told to us is going to have on tourists and so many other things. I don't think that's realistical at all. I don't think it is going to have any impact on tourism into this city or on the development and growth that we have been having. I think you have so many other fine arguments that are much more valid than the others that have been presented but on the other hand, the arguments that it is going to bring so much of positive to the City of Miami, I can't buy that either. Yes, there is going to be some positive to the City but either way the City of Miami has survived and is going to survive. And compared to our overall budget, it is going to be very very minimal. Mayor Ferre: All right, are we ready for a motion now? Mr. Plummer: No, Mr. Mayor, excuse me. Mr. Rodriguez, can we turn the lights back on? Mr. Rodriguez, is it a correct and true statement that prior to the change in the ordinance by Metropolitan Dade County in 1983 that this proposal could not even be before us? Mr. Rodriguez: Right. Mr. Plummer: In other words Metropolitan Dade County changed their mode of operation relating to outdoor advertising to allow such an application to come before this Commission. Mr. Rodriguez: To allow each municipality to take care of their own. Mr. Plummer: All right. Is it also reasonable to believe that those items that you have put forth in recommendation to this Commission is, in fact, minimum standards? Mr. Rodriguez: Minimum standards. Mr. Plummer: All right, sir. And is it also, for a fact, that if this ordinance passes on Second Reading, does not necessarily mean that there can be or will be the first outdoor advertising erected? Mr. Rodriguez: What do you mean by that, sir? Mr. Plummer: What I'm saying is that it would have to stand on its individual location as to the proper perspective, to M, the size, to the landscaping, to the lighting, to the no flashing, to none of that would all have to apply to this �., and conceivably no outdoor advertising could appear. Mr. Rodriguez: It would have to come before you. 9 _, 4'+ Mr. Plummer: Thank you, sir. Mayor Ferre: Any other statements? Is there a motion on Item 1? Mr. Perez Mr. Mayor, first I would like to leave for the record all these letters I have received in reference to this issue. Especially I would like to share this one from the Assistant Director of the Marketing and Promotion from the University of Miami that it mentions: This advertising space would allow our non-profit and civic organizations the opportunity to communicate our much needed goals with the market. I have this other letter from Truly Nolen Company that says, "This advertising space is much needed for the HT 54 April 18, 1985 local advertisers who cannot afford high priced television, radio and other media to communicate with their market." I have this telegram that says, "As an advertising industry participant and a native voting Miamian who loves this City, I hope you won't be blackmailed by the Miami Herald and will definitely vote for the proposed new billboard ordinance." it is signed by George DePontis and Stuart Ross. Mayor Ferre: Up until now I figured I would keep quiet. Gene, this doesn't include - not I'm going to rant and rave. George DePontis and Stuart Ross, I mean if they're for it can you have any doubt that the only right thing to do is to be against it? Mr. Perez: Okay, well, that is something that I would like to reflect, and all these letters and mailgrams that I have here, this one that I received a photostatic copy that I received in the morning that I would like to leave with the city Clerk. I think that this issue is an issue of competition of free enterprise and it is not only the beauty of this City. Personally, I cannot deny the business community the free opportunity to have a better way and more accessible way to communicate with the people of the City of Miami. By that reason, I think this is the best wny to professionalize the ads that we have. I was very surprised, for example, this picture that I received and I have comment from Mr. Freeman. We have here the front of the building of the Southeast Bank at the middle of the construction that has an ad that I think is unprofessional for the image of this City. We have all of the Miami Herald using this system in other parts and I don't find any reason why don't move today a motion on First Reading pending maybe for any modification that we can make in the Second Reading, but I would like to move a motion to approve the request and the amendment to this ordinance as is. Mayor Ferre: All right, there is a motion on the floor, is there a second? Mr. Carollo: Mr. Mayor, if I can second it for the purpose of discussion. Mayor Ferre: Yes, sir, I recognize you. Mr. Carollo: One of the questions that I have asked of the City Attorney is if this were to pass was on the question and a system, what kind of system would we have when the 20 plus, whatever amount of companies there are in the billboard business down here, what system would we have in hearing them coming before us and one of the things that we discussed was the possibility based on when individual companies place applications. Can the City Attorney give us some input on that and what she thinks is legally proper to do and follow on this particular issue? Mrs. Dougherty: Yes, sic, Mr. Vice -Mayor. I have passed out for your consideration, after you asked me several questions - (1) You asked would new signs have to be located from the existing signs 1500 feet and the answer is yes. So then the next question is would those existing signs be grandfathered in automatically and the answer is no, you would have to stand in the same position and that seems somewhat unfair. So I prepared an amendment, it is located on page 3 of the ordinance I passed out to you today which essentially provides a procedure for permitting which applications would come before you for permits first. Those existing sign permits would have the right to come to you first for a special exception. After those existing signs come before you in the order in which they were permitted then it be a first come first served basis or if there are RT 55 April 18, 1985 two signs coming in with the same application at the same time it be a lottery system. Mr. Carollo: In your legal estimation, this then would be a legal and sound position for the city to go about this in? Mrs. Dougherty: To solving that problem, yes, sir, Mr. Vice -Mayor. And it is located on Page 3, number 6. Mr. Carollo: Mr. Mayor, if I may ask the maker of the motion then, based on the legal opinion of the City Attorney, if the maker of the motion would include that aspect of it which the City Attorney will read to us, into ' the motion. Mr. Plummer: Of the new ordinance, Joe, that is already written in. Mr. Carollo: Right. Can you read it, Madam Attorney, to make sure that it is perfectly understood. Mrs. Dougherty: At the time and the effective date of this ordinance, owners of existing sign permits for any signs located within 600 feet of the right-of-way lines of any limited access highway including expressways shall have the right to seek a special exception for a new sign or altered sign permit under this ordinance at said location in the order that the original permits were granted. Said special exception hearing shall be held in advance of other sign applications, all other applications shall be considered on either a first come first serve basis or a lottery system <<.. conducted by the Permitting Department in the case of concurrent applications. y ':'. Mayor Ferre: Okay, is that acceptable? Mr. Perez: Sure. Mayor Ferre: All right, so let the record reflect that the r;- maker of the motion accepts these amendments and as we vote it will be part. I tell you what, for it to be legal, I think, Commissioner Carollo, I think you need to make a j corrective amendment, pass that and then come back to the main motion. Otherwise it might be legal jeopardy so why } :.r don't you do it formally. Mr. Carollo: Very good, I so move, Mr. Mayor. Mayor Ferre: Commissioner Carollo moves the amendments as y� read into the record into the main motion. Seconded by Commissioner Perez. �:. � Mr. Plummer: Under discussion. Mayor Ferre: These are the amendments to. Mr. Plummer: I understand, Mr. Mayor. I don't know that I have a problem with that. I was hopeful that we could vote on it today and I would vote on it in First Reading reserving my right to change my vote on Second Reading as it relates to Item 6. Now, that was brought up today and I have not had the opportunity to, in my mind, go through the ramifications or the pitfalls, if there are any. And to be honest, if you do it in the form of an amendment to the ordinance today I would have to vote against that and I'm not certain that I'm against it but I don't have the time or the opportunity to think it out. Mrs. Dougherty: J. L., put it in because you can't put it in the next time. RT 56 April 18, 1985 Mr. Plummer: All right, the City Attorney, for the record, is indicating to go ahead and put it in this time because you could not change it at second hearing and I still have In reserve that opportunity at the second hearing. Is that correct? Mayor Ferre: Precisely. Mrs. Dougherty: That's right. Mr. Plummer: Then I understand where I am. Mayor Ferre: We're ready to vote on the motion. Now this is not the main motion, this is the amendment to. All right, call the roil. The preceding motion introduced by Commissioner Carollo and seconded by Commissioner Perez was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: Mayor Maurice A. Ferre ABSENT: None. Said Motion designated M-85-449 merely incorporated some language into the text of First Reading Ordinance amending Sec. 2026 entitled "Signs, Specific Limitations and Requirements" which were incorporated on the floor. Mayor Ferre: Do you want to say something? Mr. Rodriguez: I want to ask a question. Does this mean that we have to go back to the Planning Advisory Board to t present this item or it will come before you on Second Reading as it is now? Mayor Ferre: That's right, legally that can be done, is that correct? Mrs. Dougherty: Yes, sir, Mr. Mayor. Mayor y Ferre: All right, let the record reflect that, please. Now, on the main motion, we're back to the main motion with this amendment. So Perez moves, Carollo seconds. Is this an ordinance? So it has to be read. Would you please read the ordinance. Thereupon the City Attorney read the proposed ordinance 57 April 18, 1985 into the public record. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ZONING ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 2026 ENTITLED "SIGNS, SPECIFIC LIMITATIONS, AND REQUIREMENTS" TO CLARIFY OUTDOOR ADVERTISING SIGN HEIGHT, ESTABLISH METHODS OF SIGN CONSTRUCTION, PROHIBIT FLASHING LIGHTS AND MOVING PARTS, REQUIRE ALL SIGNS TO BE OF UNIPOD CONSTRUCTION WITH NO MORE THAN TWO SIGN FACES, INTRODUCE A SIGN SPACING REQUIREMENT ALONG LIMITED ACCESS HIGHWAYS AND EXPRESSWAYS, ALLOW OUTDOOR ADVERTISING SIGNS TO BE VIEWED FROM AND LOCATED WITHIN 600 FEET OF LIMITED ACCESS HIGHWAYS AND EXPRESSWAYS; AND CLARIFYING APPLICABLE SIGN AREA OF OUTDOOR ADVERTISING SIGNS BY PROVIDING APPROPRIATE REVIEW STANDARDS AND CONDITIONS AND ESTABLISHING SPACING REQUIREMENTS FOR OUTDOOR ADVERTISING SIGNS ALONG FEDERAL -AID PRIMARY HIGHWAY SYSTEMS; FURTHER, AMENDING PAGE 5 OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, CG GENERAL COMMERCIAL ZONING DISTRICTS, BY REQUIRING SPECIAL EXCEPTION WITH CITY COMMISSION APPROVAL, FOR CERTAIN OUTDOOR ADVERTISING SIGNS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Perez and seconded by Commissioner Carollo and passed on its first reading by title by the following vote: RT 58 April 18, 1985 AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner bemetrio Perez, Jr. Vice -Mayor Joe Carollo NOES: Mayor Maurice A. Ferre ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mr. Carollo: Some of the arguments that were more valid that I heard today were arguments that refer themselves to the aesthetics, visual pollution, the possible hazards that billboards might have. But what somewhat bothers me is that at the same time we had very strong editorials, quite a few of them both the morning and afternoon Miami Herald, and some of the stands that very sincere, I think, and prominent citizens stated to us today, what I can't understand is why at the same time we have thousands of newspaper racks in this community everywhere, even at corners that sometimes you cannot even barely walk through because you have 7, 8 and 10 news racks on those corners, why these so-called individuals that lead the Editorial Boards in writing these editorials don't take the same stand on the pollution, hazards of these, newsraeks It seems to me there is somewhat of a double standard. To me, personally, it is affecting this community much more so in having thousands of these news racks everywhere at will than a handful of billboards on our expressways. And I see a couple of you shaking your heads but I think, you know, if we're all going to be really sincere about it then we should handle both of these issues at the same time and maybe, you know, I can only speak for myself but some of you might be able to win me over in the Second Reading if some of the same individuals, very prominent citizens here that were leading the fight against these billboards would also lead a fight against these news racks in limiting where they can be placed, how many of them and that they won't be able to do as they please without even getting a permit from the City - drilling holes into City property, City concrete so they could bolt them down, using chains to tie them up to City property. I ask you very sincere citizens that are here to give some though to that and if some of you find it inside of you that this is an issue that should also be taken on to safeguard the rights of the people of our community, then let me hear from you. I vote yes. Mr. Plummer: Let the record reflect that I am voting favorably for a motion to create and set minimum standards, that my vote does not in any way permit the first one of these applications to be put into place. This was brought about by the 1983 change in the Metro standards, if not, it would not be here before us today, it could not be. In absence of minimum standards, I am voting to set such and to make each one of these applications, if and when they come before us, to stand on its own merits. I vote yes. Mr. Mayor, and let the record also reflect that I reserve my right of the Section 6 as it is outlined. Mayor Ferre: You have the right to vote against Section 6 or any part of it on Second Reading. RT 59 April 18, 1985 Mr. Plummer: Well, but, Mr. Mayor, if Section 6 by amendment today was included in the main ordinance then I would reserve my right to change my vote and vote against the total ordinance if it is therein contained. Mayor Ferret In voting no, let me say I was opposed to it in 1967 when I was a member of the City of Miami Commission, in 68, in 699 in 1970 and When I became Mayor in 73 and for the past 12 years I have been opposed to in any way altering the structure that Alice Wainwright and that previous Commission did after a lot of hard work has been a great safeguard for the City of Miami and I am sorry that on First Reading it is going in reverse and I vote no. We stand adjourned, we will be back at 2:30. Thereupon the City Commission recessed at 12:54 P.M. and reconvened at 2:34 P.M. with Commissioners Perez and Carollo absent. rr------------r------r-r-----r------r-----r-r--r--r..r-r-r --- 19. CHANGE OF ZONING CLASSIFICATION - 701-745 N.Y. 6 AVE. 619-831 A 700-746 N.Y. 5 AVE; 464-518 A 463-467 N.Y. ST & 728-746 N.Y. 4 AVE. FROM RG-2/6 TO CR-1/6. ------------------------------------------------------------ Mayor Ferre: Item 3, this is on Second Reading. The Planning Department recommends approval. The rezoning to CR-1 would allow for both residential and commercial use... Any existing bars or taverns would remain non -conforming ... predominantly residential character of the area would be preserved. Does anybody wish to speak on Item 3? AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF PROPERTIES LOCATED AT APPROXIMATELY 701- 745 NORTHWEST 6TH AVENUE (EAST SIDE ONLY), 619-631 (EAST SIDE ONLY) AND 700- 746 (WEST SIDE ONLY) OF NORTHWEST 5TH AVENUE, 464-518 (SOUTH SIDE) AND 463-467 (NORTH SIDE) OF NORTHWEST 8TH STREET AND APPROXIMATELY 728-746 NORTHWEST 4TH AVENUE (WEST SIDE ONLY), [MORE PARTICULARLY DESCRIBED HEREIN]; FROM RG- 2/6 GENERAL RESIDENTIAL TO CR-1/6 COMMERCIAL RESIDENTIAL (NEIGHBORHOOD); MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGES NO. 23 AND 36 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of March 28, was taken up for its second and final reading by title and adoption. On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted RT 60 April 18, 1985 by the following vote - AYES,., Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9984. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. r rrrr-r�rrrrr�rr-rrrr err �rrrrr �-r-rrr--rrrr err rrrr rrrrrrrrrr 20. APPLY HC-1 HERITAGE CONSERVATION OVERLAY DISTRICT TO SUNSHINE FRUITS COMPANY IBM - 3940 MAIN HIGHWAY. �r�r-� r w r r� r-rrr-r-rrrrrrr �r�r rrr-rrrrrrrrr �r--r.Drrrrrrr�rrr Mr. Plummer: I move Item 4. Mr. Dawkins: Second. Mayor Ferre: All right, it's been moved and seconded. Is there anybody here on Item 4? All right, read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY APPLYING THE HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE "SUNSHINE FRUITS COMPANY INN," LOCATED AT APPROXIMATELY 3940 MAIN HIGHWAY, (MORE PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; ADOPTING AND INCORPORATING BY REFERENCE THE "DESIGNATION REPORT," AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 48 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of March 28, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9985. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. AYES: NOES: HT Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre None. 61 April 180 1985 ABSENT: Commissioner Demetrio J. Perez, Jr. Vice -Mayor Joe Carollo a, . .. Ii`illrli i.Y/irG�i►,iii`rrrrrGGGiii r"/iGGir"iGGiif►Ii"ii11►fti iifi.YiriGGGriftftGiGG"tuft 21. SECOND READING ORDINANCE: CHANCE ZONING CLASSIFICATION 3699 N. V. 7 S'TREST FROM AG-2/4 TO C8-2/7• i.r�rarr�.rrrr-�rrai►r.rr-r.rrrarG.rr+,.a.r-��r+rr�..��.-��G.nrrrrr�`.�GGrr�.- Mayor Ferre: Mr. Traurig, on Item #2, we were waiting for you. You were going to tell us something about Item #2. t;- N Mr. Robert H. Traurig: Yes, sir. For the record Robert H. Traurig, 1401 Brickell Avenue. Item #2 was passed as you know, unanimously by the Zoning Board and it was passed on first reading by this Commission after the recommendation of approval by the Planning Department. Commissioner Plummer at the meeting on which the item was passed on first reading asked whether or not we would make a contribution. Mr. Plummer: No, no. Mayor Ferre: As recall my recollection is you were trying to volunteer something and we kept interrupting you. Mr. Traurig: Yes. And we do want to make a contribution to City Parks and Recreation Department for park equipment within a two mile radius of this property and we would like to offer to you such park equipment as is designated by the Parks and Recreation Department at a cost of one thousand dollars or there abouts. Mr. Plummer: Mr. Mayor, I'm very happy to hear my learned counselor to come forth in his civic gesture and because this is such a great application on 7th Street. It is a main thoroughfare. We have done parts of it in the past . I think the application on second reading is very much in order and I so move. Mr. Dawkins: Second. Mayor Ferre: Further discussion on Item 2, read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3898 NORTHWEST 7TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-2/4 GENERAL RESIDENTIAL TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY) MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 3009 THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of March 28, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote- gl 62 April 18, 1985 0 n AYES: Commissioner Commissioner Mayor Maurice NOES: None. Miller J. Dawkins J. L. Plummer, Jr. A. Ferre ABSENT: Commissioner Demetrio J. Perez, Jr. Vice -Mayor Joe Carollo THE _ORDINANCE _WAS DESIGNATED ORDINANCE NO. 9986_1k The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. .r-------.-----------------------------•-------------- ------- 22. DEFERRAL OF CONSIDERATION OF SELECTION OF A DEVELOPER FOR PARCEL 37 SOUTHEAST OVERTOWN/PARR WEST REDEVELOPMENT PROJECT PHASE I. i Mayor Ferre: All right, we are now on Item #13. Would the administration describe the project? Mr. Pereira: Yes. Mr. Mayor, Item 13 is the accepting of my recommendation for the selection of a developer for parcel thirty-seven at the Southeast/Overtown Park West Project. This item was postponed. At the last meeting. t Mr. Bailey. Mr. Bailey: Mr. Mayor and members of the Commission, as was M' requested at the last Commission meeting where this item was deferred, that we come back at the meeting today with further discussions and to entertain any further questions ~>> relative to the Manager's recommendation on the selection of the particular developer recommended for this site. We have —' done some further analysis and study in regarding to the recommendation and the justification for the recommendation ,.., and as was recommended at the previous Commission Meeting that Can American Limited be selected for the development of this site which coincides with the recommendation of the „..: selection committee and which is supported by a further j analysis made by the Touche Ross Firm which was selected by the City to do the financial evaluation. Some of the reasons that we use to justify in terms of making a recommendation as for Can American and I guess one of the -. most technical reasons that we used was that at the time the -: selection committee came back with their recommendation we realized that there were two developers that had been granted multiple parcels. One was Circa Barness Sawyer that -,� had been recommended for three parcels and a possible fourth �`. one depending on the decision for the sports arena and that Can... John Cruz, Cruz Unlimited from Boston had been recommended for three parcels and tied for a fourth one. -r Our concern at the administration was that based on this "- recommendation by the committee we needed further insurance that the multiple parcel selection recommended by the -� Committee before going to the Manager, that the financial 4�z viability or that the backup p provided within the RFP could ems. be supported based on the new selection process. So, we asked our account firm Touche Ross to do a second evaluation =FXza, that would be based on the now recommendation of the committee of multiple parcels per developer and in the report that we submitted to you at the last meeting which ..r, was a report from Touche Ross dated March 5th upon re- = evaluating`f the multiple parcel selection that came back with gl 63 April 18, 1985 some slight adjustments and on the Cireca Darness selection of the multiple parcels their original recommendation remained as It had been originally presented. When we got to the Cruz Development and the evaluation criteria that talked about net worthy that was one slight adjustment and in that adjustment they indicated that the original points scored for net worth would decrease approximately two points or by two points when they did the re-evaluation. Along with that we felt that in the best interest of the City and not that we are not. .. we are quite happy and in fact Cruz Development was a God send to us and we under no circumstances feel that Cruz Development is not a capable and viable firm and we also feel that they can do the job, but we felt in the best interest of the City in this crucial phase of our development and in the first stage, we need as many qualified developers to begin this process as we can get. And being that they were both very qualified, both very capable, we felt that Can American, which does not take anything away from Cruz Development, with their previous experience of doing this type of development in the City of Minneapolis. They have financial capability and based on the financial return to the City, the overall project design and more importantly they were the only firm that came in with an alternative for financial in the case UDAG could not be obtained and given all these considerations we felt that it would be in the best interest of the City of Miami to get the... to get as many qualified developers that we could possibly get to begin this first phase of the project. It also indicated that --- and'there again, at no discredit to Cruz Development as I said before--- that Can American if granted this parcel could perhaps start that development within the six month time frame. Because of the other three parcels that we, are anxious to have Cruz Development start and they did indicate that they would be able to start parcel thirty-seven within a reasonable time frame, but based on the current scheduling as we now understand it, it would be approximately two years from date before parcel thirty-seven could be started. Taking all of these things into consideration and considering that we need to have development start as fast as we possibly can to get that critical mass of development so that in our second marketing effort we can indicate that substantial development under way and that we do have as many bona fide and qualified developers already committed to do this project. We therefore, still recommend to this Commission the selection of Can American for parcel number thirty-seven. Mr. Plummer: Mr. Bailey, I think the real crux to the matter is the contention to Mr. Cruz at the last meeting. Now, you got to resolve this out of my mind because I think he raises a very valid point. In your RFP you would give credit, if credit is the proper word or weight, to a developer who came in and did a mult-development. Mr. Bailey: Contiguous parcel. Yes, sir. Mr. Plummer: Contiguous parcel. That's the correct terminology. We all hard and if you look at the map, Cruz as I understand is now recommended for twenty-five, twenty- four and thirty-six. Mr. Bailey: That's correct. Mr. Plummer: All right, sir. And there is no question that between twenty-five, thirty-six there is a clear distinct line and that being the expressway, I guess or the... Mr. Dawkins: No, that's Rapid Transit. gl 64 April 189 1985 O Mr. Plummer: Rapid Transit, Between that and twenty-four and thirty-seven. Now, his contention at the last hearing you heard that basically, what he really was after was thirty-seven, which in his figure showed that to be the Most viable or for him to make a profit and that in fact, twenty= four, twenty-five and thirty-six were not in his estimation but Marginal and he bid on those three feeling that it would be an off set with thirty-six and that the total four would be a profit :making situation and I guess that's the hang up that I have got right now with your recommendation, that if In effect, that's what the man traveled under good faith to do and I don't know, you have got to answer this for me, that the three parcels that you are giving him as a contiguous properties are marginal, is that fair. Now, you know, that's where I have got a hang up right now. If you would have said in the RFP I guess that each individually stands on its own and it did and that there would be no credit given for multiple or contiguous.... You understand where I'-m coming from? Mr. Bailey: I understand Commissioner and when you are finished I would be delighted to respond. Mr. Plummer: I'll finished. Mr. Bailey: First of all, in the RFP the way it was structured that each parcel was bided out separately. Each parcel was not interdependent and it was not if you bid on one you had to bid on the other. We did say to encourage continuity of the design and development and to ensure that we had a viable developer we would if a developer decided to. If they more parcels, more than one parcels and they were contiguous -parcels we would give them bonus points for that. And we did this in the case of Cruz. There is no indication in his response to the RFP, the viability or their ability to... Mr. Dawkins: Hold it right there. Hold it right there. You see, this is my problem, Mr. Bailey, in the RFP when they did not have their minority participation it was assumed that they meant that, but you got this group and they didn't have what you wanted and you can't assume that that's what they had. You know, what the difference. Mr. Bailey: I don't understand you Commissioner. Mr. Dawkins: Ok. Let me make it plain to you in plain English. Ok. When the evaluation of Can American came in and they did not spell out everything else that everybody else spelled out in the minority participation, it was assumed that because they had what they had that they could produce whatever else was needed. So, you asked for it and they sent it to you. Mr. Bailey: It was not required Commissioner. Mr. Dawkins: I beg your pardon. Mr. Bailey: It was not required. They met the minority participation guidelines. Mr. Dawkins: What you are saying here isn't required. If it is did nobody else have it. Mr. Bailey: I don't understand what you are saying... Mr. Dawkins: Ok. What you are talking about now about the... What did you just say? gl 65 April 16, 1985 Mrs Baileys Well, let me Finish and then I will try to clarify what I was saying. I was saying that in the response from Cruz Development they did not indicate that the granting of parcel thirty-seven to them was dependent upon their being able to complete parcel twenty-five and parcel thirty-six. They bided on each one of them individually. Mr. Dawkins: But as many times as you came before this Commission and as many times as I heard you make your presentation, you encouraged developers to bid on more than one parcel and you expressly said that they would get special benefits for doing it. Ok. Mr. Bailey: We gave it to them and they... We gave them credit for it. They got the bonus points for bidding on contiguous parcels* i Mr. Dawkins: Mr. Bailey, all these figures and things that you joggled to come up with this don't mean nothing to me. ' It's the bottom line that I'm concerned about sir and the bottom line is that in my opinion the group that should get thirty-seven is not getting, but that's just my personal opinion see. Mr. Bailey: Well, I can't deal with that. Mr. Dawkins: Ok. Now,...Now, another thing, did you ask Cruz and those if they would develop thirty-seven first? Since you... Mr. Bailey: Yes., ok... Mr. Dawkins: See it was assumed now all because... a-. Mr. Bailey: No, no, it was not assumed. We did ask them for a scheduling and their schedule... Mr. Dawkins: No, no, that now... No, no, no, see all that Can American got is thirty-seven. So, naturally they would develop that first. Mr. Bailey: Well, they lost out on the other one they bided on. Mr. Dawkins: But all they got is thirty-seven sir. So, all they... so, they can develop that first. Mr. Bailey: So, can Cruz. Mr. Dawkins: If he is awarded it. Mr. Bailey: But he did not indicate that to us. Mr. Dawkins: But if he is awarded it he might be able to develop it first. Mr. Bailey: Well, that would be his decision. We would ask _4 them for a scheduling. Mr. Dawkins: Ok. But you see, you haven't asked him. Mr. Bailey: We have asked him and he has responded. Mr. Dawkins: If he was given thirty-seven, would he develop `s that first? Mr. Bailey: We asked him for a scheduling of which he would +` start first, i l 4 gl 66 April 18, 1985 �R-- 'r Mr. Dawkins: No, no, no. Did you ask —how listen closely, sir, because I know you hear me. OK. Mr, Bailey: Ok, Mr. Dawkins: Did you ask Cruz if he was awarded thirty- seven, would he develop thirty-seven first instead of twenty-five, twenty=four or thirty-five? Mr. Bailey: We asked Mr. Cruz... Mr. Dawkins: No, no. Mr. Bailey: If you will let me finish. I can't answer if you don't let me finishe Mr. Dawkins: All I asked you is for a "yes" or "no". Mr. Bailey: Yes. Mr. Dawkins: what did he say? Mr. Bailey: He said he would start on block number twenty- five and thirty-six first. Mr. Dawkins: Even when you told him you needed thirty-seven first. Mr. Bailey: We asked for the parcels he... r;. Mr. Dawkins: Did you tell him you needed thirty-seven first? Mr. Bailey: He was not awarded thirty-seven. We asked him .:: to give us his scheduling and we did not exclude thirty- seven in his response... Mr. Dawkins: Ok what did Mr.... Mr. Bailey: Wait a minute. He responded to thirty-seven that that would start in 1987. So, he responded on block .. „ : thirty-seven y-seven when we asked him for the scheduling. Mr. Dawkins: Ok. What is the rent scheduled for the two groups, Mr Bailey? Mr. Bailey: For which lot? Thirty-seven? Mr. Dawkins: Didn't they both bid on twenty-four? Mr. Bailey: No, they did not. They both bided on twenty- four. Yes. Mr. Dawkins: All right, give me the rent schedules for twenty-four. Mr. Bailey: I did not bring twenty-four with me because it's not on the agenda today, but we do have that information. In fact we have some private rent schedules 'k for all blocks. Mr. Dawkins: Well, I tell you what. I'm going to defer this until you get it to me. I move that this be deferred =F until Mr. Bailey bring me the rent schedule on twenty-four " + please. Mr. Bailey: We have it here. I mean I don't have it in _ front of me because I'm talking about thirty-seven. All right. i - i gl 67 April 18, 1985 Mr. Dawkins: Oh, ok. Well, I will wait then. Ok. I will wait. Mr. Bailey: All right. Mr. Dawkins: I will wait. I move that this be deferred until the next meeting Mr. Plummer: Is that for further information? Mr. Dawkins: Yes, air, for further information. Mr. Plummer: It's the unwritten rule. There is a motion made. Mayor Ferre: Ok. I'm going to accept it and I go with it, but I want to tell you something. We defer it last time and you know, the rule around here is we can defer once. I'm willing"to defer it twice. I go with you. I'm not going to argue. Mr. Dawkins: Mr. Mayor, Mr. Mayor, Mayor Ferre: Yes, sir. Mr. Dawkins: You see, this is where you and I have a problem. See. Now,... Mayor Ferre: I said I'm going with you. s, Mr. Dawkins: Ok. But Mr. Carollo deferred the casino twice and you... Mayor Ferre: Which is the casino? R' Mr. Dawkins: The casino project last week. He deferred it twice which was his right, because he needed more .:; information. Mr. Carollo: Miller, you are right on that, but I want to express something else... Mr. Dawkins: Ok. Go ahead. ` Mr. Carollo: It's not casino gambling. I don't want some people to get the wrong idea. %.. ,.. Mr. Dawkins: Ok. And you deferred it and there was no lecture and no nothing. It's just you are right, you need more information. Mayor Ferre: ( COMMEND INAUDIBLE) . Mr. Plummer: Casino, the club over on the Virginia Key property. =; Mr. Carollo: Yes. The three quarters of an acre in Virginia Key that some people want to give away. Mr. Dawkins: He deferred it twice in a row and he didn't ..wa get a lecture with it. He didn't get a lecture, but I got E to get a lecture. Mayor Ferre: Well, you can't win that.... r Mr. Bailey: Commissioner, we do have the rent schedule for thirty-seven. Mr. Dawkins: I defer it. i gl 68 April 18, 1985 0 0 Mr. Bailey: And now we have the rent schedule. oh, that's thirty=seven. We have that one. We have the rent schedule. Yes. Mr. Plummer: Mr. Bailey, it's obvious, sir, we are going to hear your answer at the next meeting. Mr. Bailey: Whatever you desire. I mean, if you want to have it deferred. We will defer it. If you want to hear the answer today. We will give you the answer today. You tell me and we will do whatever you decide. Mr. Dawkins: Mr. Cruz, would this inconvenience you too much since you are the gentlemen who came from Boston to defer this? (BACKGROUND COMMENT INAUDIBLE). Mr. Dawkins: Well, defer it until the next meeting. Thank you. Mr. Plummer: Well, in all honesty now, you got to ask the other person the same question. Is it going to inconvenience... Mr. Dawkins: Where is the Can American? (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: All right, there is a motion that this item be continued so that further information can be supplied. Mr. Dawkins: And Mr. Bailey, I will sit down with you and see if I can't get all of my questions out at this time so that we can get them answered. Mayor Ferre: Yes, sir, Mr. Fine. Mr. Dawkins: Go ahead Mr. Fine. Mr. Martin Fine: For the record my name is Martin Fine. We represent Can American. Mr. Kahn is here on behalf of them and I appreciate the opportunity to come back again and revisit these questions. I do want to and Mr. Plummer, .I want to particularly direct this in answer to your question. There is one thing I think we ought to try to get out of the way and the City Attorney might want to relate to it. There is a real concern about whether the RFP says that you have to have all parcels. I would like to quote to you what the RFP says. The RFP says "The project is divided into numerous development parcels. Proposers may propose on any or all of the parcels, but the parcels must allow the City to choose one or more parcels". And I guess Plummer can't hear that, but the proposal is very clear. The other thing that I want to make clear Mr. Dawkins, in all candor we are happy to postpone it. Can American's proposal was full, complete, detailed and specific about the minority participation plan. There was nothing that Mr. Bailey or his staff or the legal department or the committee did to assume anything. It was full, complete, specific, chapter, verse, every single facet of it. Now, if our client is not to be awarded this parcel, I don't have a problem with that. But I won't want them not awarded the parcel for the wrong reason. Mr. Dawkins: Ok. I agree with you and we went through this and you proved it to me. Ok. Now, the only thing that I do have a hang up with, which is Can American is based where? Mr. Fine: In Minneapolis, Minnesota. gl 69 April 18, 1985 Mr. Dawkins: And they got fifteen per cent minority participation. See. Right. So, as the same as Cruz being --which was bought out last time -=Cruz in Boston got eighty-five per cent and got fifteen per cent local So, now both companies has only got fifteen per cent local participation. The other eighty-five per cent is for the parent company. Is that right or wrong? Mr. Fine: Yes. gasically, correct. Mr. Dawkins: Ok. Now, who are the local participants in your group Mr. Fine, so I won't have to go through this next week as to architect and engineer or what have you. Mr. Fine: It's all submitted. Mr. Dawkins: Ok. Good. All right, no problem. Mr. Fine: It's all in there. Mr. Bermello.... Mr. Dawkins: It's submitted? Mr. Fine: Yes. Mr. Dawkins: Ok. Mayor Ferre: Wait. Is Mr. Bermello your architect? Mr. Fine: He is a co -architect with the architect out of F=' Minneapolis. Mayor Ferre: Ok. And is it on a fifty fifty basis or what? Mr. Fine: It is on a basis. I don't have the percentage here, but you see one of the problems Mr.... Mr, Dawkins: Ok. Well, we would... Mr. Fine: No, no, I'm going to try to answer this. Mr. Dawkins: Go ahead. I'm sorry Mr. Fine. Mr. Fine: No, no, I'm going to try to answer this. You all i 1r in the future want people who are responsible to bid on ' r You ought to say what is the minimum projects. g Y participation. You ought to say how many people you want. �aY} You ought to say whether they are Black or Latin. You ought ' to say who is going to be the architect. Please tell us ��p L what the ground rules are. ' Mr. Dawkins: I agree Mr. Fine. Mr. Fine: Now, I am personally not going to come back to this Commission on behalf of any client ever on a proposal that isn't clear that way because I don't know how to represent a client properly and I would recommend that anyone in my firm consider that would be asked to leave. I want to tell you we will play by the rules when we know what the rules are. I personally don't want to come here again on any proposal like this. As far as I'm concerned, I can tell you I told my client to withdraw today. I think you ought to get out of it and just give those other folks thirty-seven. Let them have it, because we are not being treated fairly. Mr. Plummer: Marty let me say something for the record. Marty Fine, you are absolutely right. Ok. And if I was your client will tell the City of Miami go to hell. gl 70 April 18, 1985 Mr. Fine: I wouldn't do that. I would say 1 would like to leave because I don't think I'm going to be treated fairly here, Mr. Plummer: tecause you are more or a gentleman than 1 am. Mt. Fine: Well, I'm smart. I ain't a dummy. Mr. Plummer: But let me tell you, you are hitting right exactly on the point that 1 have tried to make for years. Not to minorities, not to any particular, but the integrity of the bidding and the RFP. They come and they tell us --- they, the administration. The legal. You heard what they said. Yes, they didn't quite meet the RFP, but we felt they were capable. That is absolutely dumb to me when you put out an RFP, a committee is to decide they either met the criteria or they did not. Mr. Fine: Well, in all fairness, the committee has decided, but we are replaying the whole game. Mr. Plummer: Marty, I heard your statement very clear at the last hearing. That you in your opinion as a legal counsel to this company felt that they had complied with all criteria. Mr. Fine: So, did your lawyer. Mrs Plummer: The City Attorney said that. So, I accept that, but obviously, it was not clear in a lot of people's mind, including my colleague and mine. Mr. Fine: Ok. I hear you. Mr. Plummer: All right. Now, what I'm saying is not just to this and to minorities, but all RFPs in all bidding procedures. If we are going to have any integrity at all in our system it has got to be clear cut it has got to be in language that is understandable and more importantly that there has got to be a committee, if there is to be who said company "A" did not meet the requirements they are out. They are out. Good bye. And company "B" did. And they should only present to us those companies which met... clear out met the requirements of an RFP and I agree with you. Mr. Fine: Mr. Mayor, may I make one concluding comment in two phases. I want to respond to what you said. Mayor Ferre: Yes, sit. Mr. Fine: I don't think there is a human being alive who can draw an RFP that doesn't have some room for some developers, lawyers, City Commissioners and others to read into it what they want to. Mr. Plummer: That's what you make a living on. Mr. Fine: Well, that's what you all do pretty good at too. Mr. Plummer: I agree. Mr. Fine: You read into these things what we all...because we are all human beings. Mr. Plummer: That's true. Mr. Fine: And so I think in all candor without defending the staff and the committee, I think they done one superb job, but the most important thing I want to say today is that after the last meeting I was very upset. I was upset gl 71 April 181 1985 0 0 at the process, not whether my client gets thirty-seven and I called Mr. Dawkins's office and he very politely. I want to go on the record with this, gave me an opportunity to come and visit with him and we did not talk about parcel r thirty-seven. We talked about the integrity of the process, i just what you are saying and I would suggest that what you need to do is firm up this process somehow so we don't go ' through these sessions every time that there is a public/private venture. And I will tell you candidly for the record, I am going to try to convince my client to withdraw from this process because I don't think I in good conscience can subject myself or my firm or his firm to this kind of process. Mr. Dawkins: Mr. Cruz, come to the mike. You are eighty- five per cent owned in Boston and fifteen per cent minority What are the local persons you are using in your firm down p C here? Mr. Cruz: Well, to start out with we enlisted the services of Ralph Johnson as a consultant and he is an urban planner here in the Miami area. And right after that we enlisted the services of Rodriguez Pooley and Cuega and I'm with a fifty fifty joint venture with Steel and Lee a Black firm from Boston who we have done work with before. Mayor Ferre: It's a fifty fifty venture? Mr. Cruz: Yes, sir. And the other was we have Pat Mellison a Black woman in the area as a broker for the for sale units and we have also agreed to joint venture with her under the property management issue so she could gain the experience of being a certLfied property manager and be able to become a manager in the Miami area. And she has had experience in the Overtown area and that's why we chose her. Mr. Dawkins: Ok. Thank you. Mr. Fine, I would hope that the developer you represent does pull out. Simply because as Herb Bailey said, the more people get involved in this the better it's going to be and the quicker it will get done. But as you amply said and I agree with you, there has to be something firm to deal with that does not allow for questions to arise like these that just arose. Mr. Fine: For the record, rather than go into detail, on March 26th we wrote to the then Acting City Manager, Mr. Rosencrantz March 26, 1985 and set out chapter and verse every single minority participant in this program and I'm not going to dignify the process anymore by going through it now. We have complied. Mr. Dawkins: You told me that in my office and I accepted it. Didn't you. Mr. Fine: Yes, you did and I appreciated that opportunity to tell you, but I just said this for the record. Mr. Dawkins: Ok. Mayor Ferre: We need to vote on the continuation. Have we done that? Mr. Ongie: We don't have a second. Mayor Ferre: Yes, you do. Dawkins moved it and Plummer seconded. THEREUPON THE FOREGOING MOTION was moved by Commissioner Dawkins and seconded by Commissioner Plummer was passed unanimously. gl 72 April 180 1985 .i if.Gil.► iiiiii•ii 1►-i�iWapai r. i i�� arm" ii.i(ii iii iii 4.4b ft .Y.niidb"46 ftftdkPfibft 23. EXTEND OUTSIDE COUNSEL: FIRM OF MORGAN* LEWIS AND SOCCIUS, IN THE FIELD OF LABOR LAY. �-----"Mr+-----ii.Y—�dit ndb i.—"ia.�rli�/iiiii��/�ii�iiliia�.Irii���i.Y Mr. Plummer: Mr. Mayor, you have a substitute motion offered by the City Attorney on Item 17 and in that context I will move it. Mayor Ferre: All right, it's been moved and seconded, substitute, further discussion as presented? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-450 A RESOLUTION APPROVING AND AUTHORIZING THE CONTINUED RETENTION OF THE LAW FIRM OF MORGAN, LEWIS AND BOCKIUS AS OUTSIDE COUNSEL IN THE FIELD OF LABOR LAW IN ALL MATTERS IT IS HERETOFORE INVOLVED, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; PROVIDING THAT RETENTION OF THE FIRM FOR NEW ITEMS OF BUSINESS IN WHICH A FEE IS ANTICIPATED OVER $259000 SHALL ALSO BE SUBJECT TO THE APPROVAL OF THE CITY COMMISSION; AUTHORIZING THE RETENTION OF ANY OTHER FIRM BETTER : SUITED FOR ANY PARTICULAR MATTER. -' (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. ------------------------------------------------------------ 24. MIAMI CENTER II DEVELOPMENT ORDER EXTEND TIME AND SCHEDULE MATTER OF TEMPORARY CERTIFICATE OF OCCUPANCY AS IT RELATES TO PAVILLION HOTEL TO MAY 9 MEETING. ------------------------------------------------------------ Mayor Ferre: All right, we are now in session. We are on the 3:30 agenda. The first item on the 3:30 agenda is Item 5. Mr. Rodriguez: Mr. Mayor, Item #5 is Miami Center II Development Order. The item before you today is an extension of the development order. Mayor Ferre: You got any problems with that J. L.? Mr. Plummer: To June the 1st. gl 73 April 18, 1985 Mr. Rodriguez: To June the 1st. Mr, Plummer: June the 1st, 1 got no problem with. Mr. Rodriguez: Ok. There is a letter that has been received that I believe all of you have a copy from Mr. Gould and Mr. Coziak asking for an extension to June 30th. We believe that that cannot be done at this time. The only time that you can extend it to will be to June 1st at the most. Mayor Ferre: All right, there is a motion by Plummer, is there a second? Mr. Dawkins: What item are we on? Mayor Ferre: This is Item 5, to extend this whole order to when? Mr. Rodriguez: June 1st. Mr. Dawkins: Second. Mayor Ferre: Further discussion? Call the roll on Item 5 to be extended to until June 1st. The following resolution was introduced by Commissioner }; Plummer, who moved its adoption: RESOLUTION NO. 85-451 Yk' A RESOLUTION OF THE CITY OF MIAMI COMMISSION AMENDING PARAGRAPH 26 OF EXHIBIT "A", :`. RESOLUTION 81-840, DATED SEPTEMBER 24, 19819 AS AMENDED, BEING A DEVELOPMENT ORDER WHICH APPROVED, WITH MODIFICATIONS THE MIAMI 1r , • CENTER II DUPONT PLAZA PROJECT, SAID AMENDMENT EXTENDS THE TIME DURING WHICH SUBSTANTIAL CONSTRUCTION MUST COMMENCE TO JUNE 19 1985; FURTHER, FINDING THAT SAID AMENDMENT DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE TERMS OF THE MIAMI CENTER r II DUPONT PLAZA PROJECT DEVELOPMENT ORDER; AND DIRECTING THE CITY CLERK TO SEND THIS C-14 RESOLUTION TO AFFECTED AGENCIES AND THE Z. DEVELOPER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. - Y Mr. Plummer: Mr. Mayor, hold on just a moment. For the record, Mr. City Manager. Mr. Pereira: Yes, sir. �" gl 74 April 18, 1985 Mr. Plummer: After you finish posing for pictures without your cigar. I am concerned that we extended this without anything on the record that this Commission was advised that as of May 9th I believe the date or the 8th or the 10thi that the City would be withdrawing the temporary certificate of occupancy on the hotel. I think that we cannot let pass today if in fact it is fully still the intention that my understanding there was no backing up, that as of the 9th... Was it the 9th? Mr. Rodriguez: May 9th. Mr. Plummer: Oh. So, we can address it on May 9th if we have to. Mr. Rodriguez: But the issue before you today is Miami Center II. Mr. Plummer: I am fully aware of that but I think that it is important that if there is to be any deviation from what we have been told previous that on May 9th that the temporary C.O. was going to be lifted and that the people were going to be told to vacate, I think that's important enough to bring up. So, I'm going to assume that if compliance is not made by May 9th, that that is still the intention of the administration to proceed in that vein. Mr. Pereira: I was just made aware this morning of this... you know, of the temporary certificate of occupancy. That's a new issue that was brought and I have not been able to talk to the building officials on that issue. Now, I don't know... Lucia is that something that is an issue of the f: building official right? Ms. Dougherty: That would be the building official's sole discretion and function to decide whether or not he is going to extend it again. Mr. Plummer: And the building division is on record that they are fully going to pursue the withdrawal of that temporary.They put it on the record at the last meeting. Mr. Mayor, I would make a motion at this time that the matter relating to the temporary C.O. as it relates to the Pavillion Hotel be scheduled for May 9th, the date which is to be withdrawn as indicated by the Building Department. That it be a scheduled item on the agenda. Mayor Ferre: All right, further discussion. Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-452 A MOTION OF THE CITY COMMISSION STATING THAT THE MATTER RELATING TO THE TEMPORARY CERTIFICATE OF OCCUPANCY, AS IT RELATES TO THE PAVILLION HOTEL, BE SCHEDULED FOR DISCUSSION AT THE MEETING OF MAY 9TH9 THE DATE ON WHICH THE CERTIFICATE IS TO BE WITHDRAWN, AS INDICATED BY THE BUILDING AND ZONING INSPECTION DIVISION. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote- gl 75 April 18, 1985 AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J, Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. �Ift...row -itr�66..a".ar-40�-ar.r"�.►a.ft=.F.■r abM~M__Md_"imiriaft_r 25. AUTHORIZE SUBMIT GRANT PROGRAM FINAL STATEMENT HUD REQUESTING FUNDS IN THE AMOUNT OF $1400409000 (a) ALLOCATING $1509000 TO FUND BAKEHOUSE ART COMPLEX (b) INCREASE FUNDING TO WTNWOOD ECON. DEV. PROJ TO $50 9 000 (a) ALLOCATE $100000 FOR IMPLEMENTATION OF "LATIN QUARTER" (d) WITHHOLD FUNDING "MIAMI CAPITAL" UNTIL. AUDIT ETC. Mayor Ferre: Now, we are on Item #14, the 3:30 agenda. Mr. Pereira: Item #14. Mayor Ferre: I mean that speaks for itself does it? Anybody have any problems with that? Mr. Plummer: Mr. Mayor, through you sir there is people here that of course, I don't think they have a problem with the proposal. This is to submit a grant. I think what they would like to be is considered and we have told a number of people that if they wish to be considered and are not recommended here today that they should appear here today. Mayor Ferre: Isn't that 16? Mr. Plummer: Is that 16? Do I stand corrected? Mr. Pereira: No, that's Item 14. Mr, Plummer: Mrs. Pancoast is here today to make a presentation to this Commission in reference to the bakehouse project. It was my suggestion to her that the logical conclusion for a request for a grant of funds would come from Community Development such as G.U.T.S. were awarded from the City for Coconut Grove and I would hope Mr. Mayor, that she would have the opportunity to make a presentation whenever you so allow during this item. Mayor Ferre: You mwN ON 14? Mr. Plummer: Well, you want the administration first. Mr. Pereira: Yes, we want to make... You know, I was just going to ask to make a presentation and then you know, we can take on whatever, you know, people on the public... Frank you want to start off please? Mr. Frank Castaneda: Mayor and members of the Commission, this is... I'm Frank Castaneda, Director of Community Development. This is a public hearing to discuss the allocation of community development block grant funds from the eleventh year of community development. On June 16, 1985 we will be receiving fourteen million forty thousand dollars from the federal government for community development activities. That represents a reduction of a hundred fifty-nine thousand from what we received last year. gl 76 April 18, 1985 0 & This is not due to any changing formula, but rather that more cities have become an entitlement cities and therefore, the pie is divided among more cities. For the year coming after that there are several proposals in Congress as you are aware which might cut the community development between ten to twenty-five per cent representing about between one and a half and three and a half million dollars. So, for the year after that thing do look fairly bleak. We have had a number of meetings with the Community Development Advisory Board to discuss at the different price that we are proposing here today. I really like to thank the Board and its Chairman Stuart for all their cooperation and time that they devoted for this process. Mainly, in selecting the community development block grant programs we really look at four things. We wanted to maintain the ongoing social service programs that we were funding keeping in mind that there is fifteen per cent cap for social programs. We wanted to provide financing for the preservation of the City single and multi -family housing stock, leveraging public funds as much as possible as well as private funds and provide funding for future economic and housing development projects. This basically, divided the money into three main categories which are housing programs for 5.8 million dollars, economic development 3 million dollars and social service programs 1.9 million dollars. As you see we are not recommending any public type of improvements. Housing program. Really the back bone of the City's housing program is the single family and mutt -family rehab program. I would like to point out that during the years that this program has been in existence we have rehab approximately five hundred forty-two homes throughout the city and we have rehab or under contract presently one thousand one hundred fifty-one apartzbents units are presently being rehab. For the citywide housing improvement program we are recommending about a million dollar... two million dollars for single family rehab which will provide about a hundred homes rehab. We are also extending a pilot program which was started in the areas of Allapattah and Edison which is a residential paint -up program. This program would provide paint and paint supplies for lower and moderate income home owners to paint their homes. This program was very successful in the areas of Allapattah and Edison and we had a lot of request to expand this to the different target areas. Under multi- family rehab we are also providing funding to have rehab approximately another hundred fifty units and we will try to match this with any other possible monies that we can obtain. Land acquisitions for in -fill housing in the City's attempt to jump in on the sur tax money. We would be buying land to make it available for CDCs to build home ownership housing in the City utilizing sur tax funds from Metropolitan Dade County. We are also allocating two hundred fifty thousand dollars for the enterprise foundation to... we wish in conjunction with Metropolitan Dade County which is matching our funds and the private sector to provide assistance for CDCs in providing low income housing throughout the City and we are also providing two hundred fifty thousand dollars for security improvements for public housing. These funds will also be matched by Metropolitan Dade County. In the economic development arena we are recommending the refunding of the community based organizations. We are recommending refunding the Miami Capital Loan Program at a level of half a million dollars. Mayor Ferre: How much? Mr. Castaneda: A half a million dollars for Miami Capital. Mr. Dawkins: Half a million? gl 77 April 18, 1985 0 0 Mr. Castaneda: Yes. Allapattah commercial district signage program, this program is to assist, to identify the commercial strip in Allapattah and attract business to that area, The commercial facade treatment program operates in the different target areas. It has been very successful and we have a very strong support from the commercial districts for this. This program Is really implement by the community based organizations. We are also recommending gateway improvements for Little Haiti and Edison Center. These funds will be matched by LIFT. Also, a hundred thousand dollars for the local Initiative Support Corporation to assist the different CEOs in carrying out their assistance. Continued support for the Southeast Overtown/Park West Project. We are also recommending as part of our Christian Hospital matching fund which is three hundred thousand dollars that the Commission allocated as the UDAG. These funds are depended on the UDAG award. Motel Cities Educational Center matching funds, half a million dollars of which the Metropolitan Dade County and the School Board would also have to match it. This is basically, what we have done. We met with the community a number of times. There is an area of about two hundred fifty thousand dollars where in a recent agreement. We will be discussing this with the City Manager and we are ready to make a recommendation on those differences. Mr. Pereira: Mr. Mayor and members of the Commission, we have reviewed there was a discrepancy between the recommendations of the Citizens Board and that of the staff, a discrepancy of about two hundred fifty thousand dollars. I have reviewed some of those programs and I'm prepared to make some recommendations at this point if you are willing to entertain them. I believe that there were... how many Frank? Mr. Castaneda: Eight programs. Mr. Pereira: Eight programs and that we want to address and I'm... I have lost half of my information here. So, you are going to have to bear with me for a second. The first program was the Coconut Grove Family Clinic. They requested an increase of fifteen thousand dollars. Mayor Ferre: How much? Mr. Pereira: Fifteen thousand dollars in order to pay for malpractice insurance to be equally... well, the short fall is really sixty thousand, but it's to be equally paid by the United Way, the County and the City and I have recommended that we concur with the recommendation from the Citywide Advisory Board and in fact increase their allocation by that fifteen thousand dollars. The Allapattah Business Authority, they want an equity infusion for Produce Market Project. I want to hold that request pending the financial feasibility and developer interest. The concern is that once a feasibility is completed someone doesn't come in and a` steal the ideal. So, we will be ready at that time if in .,. fact that happens to be able to make an infusion of capital -` at that point. So, I want to hold that pending the completion of the feasibility study. I believe that Mr. Castaneda as talked to the program director who concurs with that recommendation. Mr. Plummer: How much money is involved there? Mr. Pereira: Fifteen thousand dollars. Y�r Mr. Plummer: Fifty? gl 78 April 18, 1985 0 0 Mr. Pereira: Fifteen thousand and we might not have a heed to use it Commissioner, only If that situation does arise. Early Intervention Program, Edison Little River, expansion of... The program is an expansion of services by Community Action Agency. The staff recommended against it. I concur with the recommendation. Model Cities Training Women in Construction was a request to match CETA funds. We have funds from last year's King High's Redevelopment Project to acquire property and if CETA does in fact accept this match we will approve the work program and move ahead with the program. It's a worthwhile program and I understand that we do have funds left from that redevelopment project. Mr. Plummer: How much money? Mr. Pereira: Thirty-six thousand dollars. Mr. Plummer: Excuse me, back to the Edison CAA. Mr. Pereira: That was a request for sixty- two thousand. Mr. Plummer: But that is to delete from the recommendation of the department? Mr. Pereira: No, the department recommended against it. The Citizens Advisory Board recommended for it. I sustaining the recommendation by the department. Mr. Plummer: Ok. Mr. Pereira: The Overtown Cultural Arts Program increases services to Overtown. The staff in the Parts Department concur with the.request of fifteen thousand dollars and I'm recommending that we do increase... that we do provide the allocation of fifteen thousand dollars. Puerto Rican Forum, they are requesting fifty-seven thousand dollars. The funds :. will be used for a dislocated worker training program. I am recommending that we proceed with the approval of the request only and if they get the approval of the State for the money that they have requested which is about a hundred thirteen thousand dollars. I believe, if in fact they can get that hundred thirteen thousand dollars, Mr. Mayor and members of the Commission, it would be a good investment and good leverage of our CD dollars. V. Mr. Plummer: And what forum is that? Mr. Pereira: Puerto Rican Forum. The Senior Crime Watch and Victim Assistance Program, they were requesting a total .` of twenty-one thousand dollars for staff and security improvement. My recommendation is that we made an allocation of nine thousand dollars for security and which basically, is to buy locks to be installed in the homes that they identified. �. Mr. Plummer: Well, wait a minute. What about the two hundred fifty thousand we gave them for security? . Mr. Pereira: Two hundred fifty thousand... go ahead Frank. Mr. Castaneda: The two hundred fifty thousand was for "= public housing. This is for private housing. This is to help elderly in improving the security of their homes. =' Mr. Plummer: And so am I to assume that nine thousand doesn't represent any staff. It's basically... Mr. Pereira: There is no staff. It's capital and that's why I'm making that recommendation. gl 79 April 18, 1985 0 0 Mr. Plummer: Ok. Mr. Pereira: Florida Housing Cooperative and Commissioner Perez this morning had brought that program to our attention. They requested thirty thousand dollars. Let me say that the concept is a fine concept. It's probably one of the finest concepts that I have seen in terms of trying to develop a co=op housing development program, It needs an awful lot of work. We need to develop a work program, a detailed work program. I am very familiar with this program because I was instrumental in getting funding from the County last year, but I want the opportunity to sit down with the members of the Cooperative of the program and have the staff work a detailed work program and then bring it back to the Commission with a recommendation. At this point we just have a concept and I have a little difficulty in just approving a concept. I agree that the concept is fine, but I would like to sit down with them, work with them and I met with them this morning here and they had no objections to doing that. Mr..Plummer: How much? Mr. Pereira: That's a possible thirty thousand dollars. Once we get through with the work program so on and so forth it might be less. Now, those were the programs that the Citizen Wide Advisory Board, you know, recommended and the staff had taken some exception and that I have in fact reviewed and I'm making these new recommendations to you. There are other programs... there are three other areas that I want to... two other areas that I want to talk to you about that someone last week made specific request to the board. One being the Wynwood Elderly Recreation Activities. The request was additional funds to fund rental for space for ceramic, food bank, clothing store and sewing machine. After reviewing the materials that the program submitted I have asked staff and will be recommending to you to give fifteen thousand dollars for this program and this is for the Wynwood Elderly Recreation Activities as additional space so that they can carry on those activities that I numerated to you. Now, the Wynwood Mini Park, a request of fifty thousand dollars additional space for elderly to have to play dominoes and have other additional activities. I'm not recommending at this point an allocation for that. I think that the issue of parks, we need to take a look at the total picture. We need to examine the overall City parks and recreational system and I would like to an an opportunity to be able to look at the larger picture, not just a small picture and see how that fits within plans and we might as well... might come back to you some time down the road and make a recommendation, but at this time I would like to have the opportunity to look at this park as well as other parks that were recommended within the total contents of the City parks system and recreational facilities. Those were the items that I have changed in the... at this point on the CDBG grant application that is being presented to you for approval. Mayor Ferre: What happened to the Wynwood Economic Development Corporation request? Mr. Castaneda: There is in the application funding available for that Corporation of thirty-seven thousand seven hundred fifty. The corporation... what we are saying there and since there is no corporation at the present time we will be requesting for proposals and coming to before... in June probably with a recommendation to fund a particular agency so it would start work on July 1st along with the others. gl 80 April 18, 1985 Mayor Ferre: Your recommendation is thirty=seven thousand? Mry Castaneda: Thirty-seven thousand seven hundred fifty y like all the other corporations. Mr. Dawkins: Mr. Manager, what was the reason for turning down the Early Intervention Program? Mr. Castaneda: Well, basically, it is a program that is really related to the School Board and we felt that the School Board should take some responsibility for that. Also, it's a program but which is part of Community Action Agency, which is a County agency and we have had a long standing policy of not funding County agencies. You might recall that at one time we were funding homemaker services of the County and we stopped doing that. Mr. Pereira: Plus, it's a new social service program. Mr. Castaneda: Plus, it's a new social service program and we have the problem with the fifteen per cent capital. Mr. Dawkins: It's a new social program? It not in existence? Mr. Castaneda: No, it is a new. It's an expansion of a program there. Mr. Pereira: It is a new request and we have had a policy r, that we would not entertain new social service programs and... . Mr. Dawkins: Ok. Thank you. Mr. Plummer: Mr. Manager, that which you have outlined amounts to about a hundred ninety-three thousand dollars. �k Where is the money coming from? Who is going to get less? Mr. Pereira: What we have done is we have in every application, every grant application we have to keep a small portion of money as a contingency fund for unpredicted type of programs that might come up or you know, it's just good fiscal practice to do that. What we are doing in fact is t` that we would be reducing that portion which we have left as contingency. Is that correct Frank? What was the total... 1 Mr. Castaneda: Presently we have before taking that action we had four hundred twenty-four thousand dollars of �. contingency monies there. . Mayor Ferre: What is your recommendation on the Bakehouse r F Es` project? Mr. Castaneda: Bakehouse project is a good project. The problem is that we felt that that was the kind of program that really should go through some form of foundation =, funding rather the City of Miami. It is a non-profit. It's eligible for foundation money. Also, even though we have F been asked to fund a hundred five thousand dollars, there was also an equal request from Metropolitan Dade which has also now been approved. Basically, you know, with the demands that we have on the City we felt that they should w first of all try foundations, if that is not available may be perhaps at a later date they should return to the City. k'_...:1.: Mr. Plummer: The only thing I want to know is why we don't "A have a list of the social agencies? gl 81 April 18, 1985 0 0 Mr. Castaneda: Oh, the social agencies. Mr. Plummer: I don't have it in my back up. Mr. Castaneda: You do have a list of them. The problem is... Mr. Plummer: I stand corrected. Mayor Ferre: How about the Christian Hospital? Tell us about the three hundred thousand dollars for Christian Hospital. Mr. Castaneda: Ok. Presently there are three hundred thousand dollars allocated for that that was part of the three hundred thousand dollars that the City Commission committed for the application. The status of the application at the present time is the following. The new Christian Hospital Corporation is presently requesting authority from SBA to obtain two forty-two guarantee insurance on those bonds. It is very possible that that approval will be forthcoming. If that does come before May 15th, then that application will be consider for funding for UDAG during this cycle right now and it is very possible that if that is the case he would get funded. If the UDAG falls down the drain that money would then return back to contingency and you would have other funds to fund. Mayor Ferre: Well, the reason I am asking and let me make sure that this is clearly on the record so... Because the last guy in the world I want to have a problem with is Claude Pepper. So, let me make sure it's clearly on the record. I am all for the Christian Hospital. I'm going to be doing everything that I can to help and it... you know, a great project and Senator Pepper has been a real hero on it. Now, having said all of that, if we still don't make it in May that money is available. That's May of this year, sir. We are now in April. So, we don't have too long a period and I think what we might do depending on how... after we hear testimony here, we might earmark that as a potential usage should that not be forthcoming May. Hopefully, it will be and then I think that's our first priority, but if that doesn't make it, then I think we may want to consider this bakehouse project even though it's physically not in the same area. It is in that quadrant of the city that would be affected. Mr. Dawkins: Mr. Manager, I want to commend you for what you just did and I would hope that we would continue to follow your recommendations. I'm going to go along with your recommendations and vote along with you, but I'm going to tell you the first time that we deviate from your recommendation to fund anybody's pet project, then I'm going to come and want everyone of mine funded. I want you to clearly understand that, so that when I come there will be no argument, no fuss and no nothing. You as the administration have decided, which we pay you for that this is the best way to expend these funds. I will accept that, but I will say to you again, that if you let us, these Commissioners sit up here an play politics and bring our pet projects to you and you fund them and I have got ten for the one that they bring to you. Am I clear sir? Mr. Pereira: You are clear, but let... if I may make a clarification Commissioner. What I have done is review the and the projects that I have addressed are those that were brought to me by the Citizen Advisory Board. Those were ten projects that they very clearly in their recommendation asked the staff to please bring to the Manager, you know, for review. It was part of their deliberation. It was part gl 82 April 18, 1985 L of the whole process of community development and 1 feel very comfortable in addressing those projects. rs Mr. Dawkins: Since you said that I will say this. You just got here, you are coming in, you are doing well and I admire you for it and if we continue to let you you will continue to do well and I'm going to help you to continue to do well. See, cause the first you step of the path I'm going to be with you with my ten projects. it's just that simple sir. Mayor Ferre: All right. Mr. Pereira: Mr. Mayor and Commissioners, I don't want to press my luck, but I would like to remind you that this is a public hearing and there are people from the public here and they should be allowed to speak. Mayor Ferre: Oh, I know. We got some public speakers right here and if you are ready the first one is Carlos.., Oh, that's #16. No, but I think Mr. Carlos Luis should really speak now. Right? Mr. Pereira: Could we let the Chairman of the Board of the Community Development Advisory Board speak first. His name is Stuart Merken. Mayor Ferre: Of course. Mr. Steven Burger: I'm back. Mayor and Commissioners. Commissioner Dawkins, let me just point out that these projects which the City Manager made the recommendations on aren't even the pet projects of the Community Development Board. These were projects that were brought before us and believe me we sat through a lot of meetings and listened to a lot of projects and I don't think there was one project that wasn't worthy of funding. It's just a question of priorities. These were the projects which we decide that in addition to the funding from the Community Development funds we would recommend. That's the only thing that these 1 projects are. Mr. Dawkins: And going along with what you are saying. I agree with you and I don't intend to have you a citizen and the board take your time to go through here and make these recommendations and we not adhered to them► So. I'm saying that you have studied this and said this is it. I am adamantly in favor of the Early Intervention Program, but because the Board recommended to the Manager and the Manager recommended against it. I will o g g along with it, but if somebody else comes up with one, you know, say well you know, Luis Sabines is a good guy let's give him twenty thousand dollars to go to Spain and they give it to him' Mr; - . then I want my Early Intervention Program. Mr. Burger: No, that's not going to happen to anyone. Let me just make a few comments on the board. First of all, I do want to think the members of the board that did help us for the meetings that we had. They were long. They were t' arduous. We listened to a lot of speakers. A lot of the 1 members of the board are here today and I personally like to thank them for the time that they put in. There were a lot of things that came up before the board in addition to just the projects that we talked about about and let me just ay. mention a couple of points. One, just as an example was parks. We know the situation with parks. We know that there was a bond issue. We know that it failed. We know that it didn't come back again. We also know that the parks 1 are veryParks are very important to the very important. local community and if you look at community development not in terms of the word "community development", but in terms gl 83 April 18, 1985 0 of development of the community 1 think it's important to realize the focus of what we should be looking at in the City and it brings to mind... this morning 1 had the good fortune of attending a breakfast talk by Chief Dickson and he was talking about the law enforcement theory of the broken window. If there is a broken window it's going to bring more and more blight. Well, 1 talked to hits afterwards and we were talking about local initiative and getting the local communities to help in perhaps parks for example. The local community isn't going to fund the park that going to benefit the local community, but what we should be focusing on perhaps is the local community to help out in maintaining the park, because these parks that are in these local communities, if they are blighted like the park that we have in Wynwood, it's just going to be a festering cancern that's going to spread and spread if we don't do something about it and it does take money. It's not going to help anyone, but if we can do something with the local community as a partnership and get these local communities focusing on their own community I think it would go a long way in helping his goals and also helping the community development goals. The other point that I want to make is that the Community Development Board in many ways has lost touch with the local community. It's a citywide board and a couple of things came up in the last year or year and a half. One of them was Miami Capital for example, their Board of Directors is suppose to consist of four members from the Community Development Board. I know because I rewrote the articles. This would... we are talking to them now about getting four members. I think there is one member from our board on Miami Capital's Board now. We are going to have three members of our board on Miami Capital's Board to get input from the community. This was a recommendation from the Economic Development Department and a good recommendation. So, we are pursuing this. Also, the recommendation was made from the Economic Development Department last year to have them members of our Community Development Board on the boards or at least in touch with the local CBO or the community based organizations. This is something that the Community Development Department now that the CEOs are under them, the department is pursuing and I expect that there will be some link, be it a... Don't forget there is two members from every area, target area that's on our board. One of those members should be either on the board or some sort of liaison with the board, because that's where the input is going to come from. Otherwise, the City Wide Board which is a fine idea is going to lose complete touch with the. With the local community. You heard the recommendations. I thank the City Manager for going to through these recommendations. We wish they all could be funded, but the can't. Unfortunately, it's a question of priorities. I want to thank at this time in closing, I want to thank Frank Castaneda, the newly appointed Director and Cathy Leff and their staff for the help that they gave us. Better help this year than before. They were very very responsive to us. We didn't have any problems with them. The facilities were there. Anybody that could come to the meetings could be.., people could take advantage of the meetings. In the future we are going to make the availability of these meetings more accessible so that more people can come to these meetings and discuss and so that we would have more time to discuss these projects, because the time that we do have isn't enough. I asked other members of the board to speak and there is one member that's going to speak right now and I have limited any other members that's going to speak to two minutes and I would like to call on Betty Graham and again,... Betty, why don't you come up now. And again, I would like to thank the members of the board and thank you, Mayor and Commissioners. gl 84 April 18, 1985 4 Mayor Ferre: Mr. Chairman, before Ms. Graham speaks I just wanted to once again on behalf of this Commission thank you. You really have been an outstanding Chairman. You have dedicated time and you are knowledgeable. You have Continued interest. It hasntt wandered in the ups and downs and through the ducking and weaving and pushing and pulling in stuff that goes on around here and I just wanted to thank you on behalf of the City for your tireless efforts and dedication. And secondly, I wanted to ask you what breakfast was that where the Chief spoke? Mr. Burger: which breakfast? Mayor Ferre: You said there was a breakfast meeting. Mr. Burger: Oh, Temple Israel. Mayor Ferre: What? Mr. Burger: Temple Israel this morning. Mr. Plummer: Of Rudy's Glass and Mirror. Mayor Ferre: No. I'm very interested because I think that the Chief is making a very concerted effort to go all over this community. I want to tell you Saturday I went to the seventh at adventist, ok, social afternoon. There must have been twelve hundred people there at the church. It's a very interesting church cause it is a fairly integrated church. It's about sixty, seventy per cent Black, but there are a lot of Caribbean people there and a lot of White folk and I have not seen that before in Miami, but there must have been twelve hundred people there in that church and the chief speaker and the person that they were honoring was Dickson and I am running into him all over the place. I mean, he is going to breakfast and lunch clubs and all that. I'm just curious. Mr. Burger: It's doing a tremendous amount of good, because the response he got from the people was very good. Mayor Ferre: All right, thank you. Ms. Graham. Ms. Betty Graham: Mr. Mayor and the new City Manager and all the other Commissioners, I would like to speak in defense of the Early Intervention Program. The community members of the Edison Little River area came to me as a person sitting on the Community Development Advisory Board and asked that I propose that they fund the Intervention Program. Prior to my recommending it this time we were always told that it was a County project but it was being funded in the City of Miami for citizens that live within the City of Miami. It's not being funded for citizens that live outside of the City of Miami and I thought a good reason for asking the Commissioners to fund it was because in reference to the other agencies within the City of Miami and their funding there was nothing being funded through Community Development for the Edison area accept one project and that was the Little River Chamber of Commerce known now as the Northeast Chamber of Commerce. I really wish you would consider the project and if you could find any funds within the contingency fund or any where because it's very worthwhile for our youngsters. Our youngsters are the bread of our society. If we don't stop and reach back and try and get them, then I'm afraid we are in for a very sad day of affairs. Thank you very much. Mayor Ferre: Is that it? All right, then we have some other people that wish to speak... gl 85 April 18, 1985 Mr. Plummer: Mr. Mayor, may I ask a question that may be would take some time. So, that I can ask it and they can answer it later. Mr. Castaneda. Frank, what was the total cost of administration last year? I don't Find it in my book. I'm concerned that administration is up above twenty per cent of the total amount. Mr. Castaneda: No, it's not. Mr. Plummer: Excuse me, Mr. Mayor, reading from his book administration two million eight hundred eight thousand dollars, total grant fourteen million. Unless my mathematics are completely bad it's 21.4 and I am giving him a little bit of leeway. Mr. Castaneda: No, no, we always allocate... Mr. Plummer: Excuse me, did I read from the book as you have it? Mr. Castaneda: Administration is always at twenty per cent level. Out of that Which is the maximum we give, twenty- five per cent of that amount is for indirect costs of the City of Miami and obviously, the administration budget of the department is discussed during the budget period of the City and what we are giving to citizens, is flexibility to discuss to any amount of money the administration not utilize will go back into the community development projects. Mr. Plummer: Well, but I see you also have an item here of contingencies for four hundred twenty-four thousand dollars. So, I'm just.' Still my question is how much was administration last year. It has always been my understanding administration was eleven or twelve per cent and I questioning why it has jumped up to over twenty. Mr. Castaneda: Administration is always sat at the twenty per cent level and what we have done historically is that twenty-five per cent of that amount goes for indirect cost. Mr. Plummer: Frank, you need the time. Take the time and come back and tell me what we spent last year. That's why i want to ask the question to give you time to get the answer. All right, sir. Thank you, Mr. Mayor. Mayor Ferre: The first speaker is Mr. Carlos Luis. You want to defer? All right, Mrs. Pancoast, why don't you start. By the way just out of curiosity. Is Mr, Frank Colbert here? Is Mr. Frank Colbert here. I just want to tell you on the record that with friends like that you don't need any enemies at all. I mean, that is the worse endorsement I have ever... I have never seen a more negative letter for something positive. You don't need people like that supporting your project. Ms. Betty Pancoast: I was on this project? On our project? Mayor Ferre: On your behalf, you know... Ms. Pancoast: Is it bad. I haven't seen it. He sent it to you not to me. Mayor Ferre: Bad. Mr. Plummer: Well, why don't I just read it. Mayor Ferre: Read it. gl 86 April 18, 1985 Mr. Plummer: You know, I don't know Mr. Colbert but he is Harris Samuel and Company, 3300 Rice. (AT THIS POINT COMMISSIONER PLUMMER READ IN TO THE RECORD A LETTER FROM Mr. FRANK COLBERT). Mrs. Pancoast: I appreciate the Commissioners and the Mayor allowing us to appear today. I'm sorry that the other Commissioners are not here, but I suppose that's the way it goes. The Bakehouse Art complex is a realization of a concept which a group of actively involved citizens have been working on almost full time for well over a year and a half. The founders and Advisory Board consist of persons from all areas of the community including artists, business people, senior executives in finance and marketing, founders of... Mr. Plummer: Mrs. Pancoast, is always those who realize that your request is for a hundred fifty thousand dollars. People really know that are intelligent when to stop and I would like to make a motion at this time that we fund this project for the hundred fifty thousand dollars. I so move Mr. Mayor. Mayor Ferre: Is there a second. Mr. Perez: Second. Mayor Ferre: Further discussion, call the roll. The following motion was introduced Commissioner Plummer, who moved its adoption: MOTION NO. 85-453 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE $150t000 IN ORDER TO FUND THE BAKEHOUSE ART COMPLEX PROJECT PURSUANT TO REQUEST BY REPRESENTATIVES OF THE GROUP; SUBJECT TO SAID GROUP OBTAINING MATCHING FUNDS FROM METROPOLITAN DADE COUNTY, AS A OUTLINED IN THEIR PRESENTATION BEFORE THE CITY COMMISSION ON THIS DATE. by Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote- p AYES: Commissioner J. L. Plummer, Jr. ` Commissioner Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Miller J. Dawkins Vice -Mayor Joe Carollo Mr. Plummer: You have nothing else to say. Is that ` E correct? ' Mrs. Pancoast: No, I appreciate your funding this project because I think it's a city wide thing it not a district thing. j Mayor Ferre: Now, the vote ladies and gentlemen, of course, is depending on the other conditions that you have outlined and that means getting funding other sources yourself. Mrs. Pancoast: From the County. gl 87 April 18, 1985 0 a Mr. Plummer: Sure. We have dose all we can do. Mrs. Pancoast: Well, that's what we needed. We needed the City's lead and I appreciate your giving us a lead. Mayor Ferre: All right, David Colbert and Faith Atlas, that's it. Ok. What else do we have to talk about anybody else want to speak on item 14? Name and address, make your statement for the record. Mr. Doug Mayer: Yes. My name is Doug Mayer and I'm Director of the Senior Crime Watch Program. Our address is 1790 Southwest 27th Avenue here in Miami. I wanted to first of all thank the City Manager's Office for extending us the opportunity to provide the nine thousand dollars toward senior citizen home security improvements. I have got a short statement I would like to give to you all. Basically, our request was for twenty-one thousand dollars. Twelve thousand of that was for crime prevention and victim assistance services which would be employing three part-time senior citizens that would include providing crime prevention presentations to about four thousand seniors in Miami. One of the things I wanted to make clear to the board and to the Commissioners, was that these crime prevention presentations are done in conjunction with the local police. We are not working in..a we are working in cooperation with the City of Miami Police Department in doing these presentations. We basically set them up and they help us do the presentation. So, I didn't want you to think that we were somehow duplicating services that the City Police Department was already offering and we have the support of the Qity on that issue also. Mr. Plummer: Are you recommended for funding? Mr. Mayer: We are recommended for funding on about half of the program and I was hoping that the Commission might consider the other twelve thousand that we have asked for to do the crime prevention training aspect of it. Mr. Plummer: Mr. Manager, would you give us your rejustification of why you didn't give the other fifty per cent, I guess is the best way to put it? Mr. Castaneda: Well, the reason is as you are aware we have a cap for social service programs. We did not want to get that close to it. Twelve thousand dollars... the Police Department has a very similar program to his. JESCA has a very similar to program. There are other programs providing the same service. What we felt that was really needed was the hardware to provide security improvements to the houses. Mr. Plummer: Well, my question to this gentleman, when he came to see me in my office was, why are we funding him at all when we have a department in the Police Department doing it? Now, he did outline some of the reasons and he has very good reasons, but what you are saying is that what you have recommended is what you feel is justified. t: Mr. Mayer: Yes. I was basically, going to say that I think we can do it for less money than the City can. That's one of the factors of..s for twenty-one thousand dollars you µ{ can't buy a rookie police officer and I think we can provide a lot of service for that money. That was basically, I think the strongest point for it. Thank you for giving me the time. I appreciate it. + Mayor Ferre: Are there any other speakers at this time? Yes, sir. Go ahead. "'gl 88 April 18, 1985 Mr. Fred Santiago: Mayor Ferre and fellow Commissioners, I would like to talk on behalf and support the Wynwood Economic Development Agency. I believe... Mayor Ferre: That's already been funded. Mr. Santiago: But you know, I would like to suggest that the agency be funded to the sum of fifty thousand dollars. With the thirty-seven thousand dollars... Mayor Ferre: Freddy, for the record we need your name and address. Mr. Santiago: Oki Fred Santiago, 3311 Northwest 2nd Avenue and as you recall last time I was here we had a slight disagreement as to the funding necessary for the Wynwood Economic Development Project. I believe that the agency being the fact that it's presently closed and has no other funding .source it's going to be very difficult to operate that agency with a thirty-seven thousand dollar budget and I believe that for this year, at least for this year only, it should be funded to the sum of fifty thousand dollars to be able to give them that initial seed money. Mayor Ferre: All right, is there a motion? Mr. Plummer: So, move. Mayor Ferre: In other words, the point is that rather than thirty-seven it would be fifty thousand which it really needs that kind of a break in the initial year. Moved and seconded, further discussion, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-454 A MOTION AUTHORIZING AND DIRECTING THE — CITY MANAGER TO INCREASE THE FUNDING PREVIOUSLY ALLOCATED TO THE WYNWOOD ECONOMIC DEVELOPMENT PROJECT BY $13,000, J FOR A TOTAL OF $509000. Upon being seconded by Commissioner Dawkins, the motion " was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. -{ Vice -Mayor Joe Carollo .; Mayor Maurice A. Ferre NOES: None. ABSENT: None. Ms. Anne Marie Adker: Mr. Mayor, would you consider the same thing for other CBOs? y s � Mayor Ferre: I think under the similar circumstances, absolutely. I mean, we have got to be fair about it. If this is an incipient CBO. They are starting off on their t.^. first years. Everybody else got fifty thousand dollars when they started off as I recall and I think that's all we are doing is doing for them what we did for everybody else. First year. Yes, sir. gl 89 April 189 1985 t,: Mr. Willy Allen: 1 work at Little Havana Activity Center and I'm representing Miss Carbonell who was not able to be here today. We had requested funding from Community Development for the implementation of a couple programs. It's an innovative project to help elderly people who are living by themselves, be matched up so that they can share housing and living expenses and thereby decrease their cost of living and increase their safety by living together. We had requested funding from Community Development and were denied and I'm asking you to reconsider that. Mayor Ferre: Your funding request is for how much? Mr% Willy Allen: $200,000. Mr. Plummer: How much? Mr. Willy Allen: $200,000 to work with 1,000 people over a one year period. We'll take it in cash, Mr. City Manager. Mr. Plummer: We'll take it under consideration. Mr. Castaneda: That's on page 109 of your program. It's $230,000 that they are requesting. We had explained to them that it was completely out of the question, that kind of money. I thought that they had given up on the proposal. I guess that they have not. Mr. Willy Allen: We never give up, Mr. Mayor. Mayor Ferre: Good for you. Mr. Plummer: Don't call us. We'll call you. Mayor Ferre: Anybody else? Mr. Plummer: Mr. Mayor, I only have one other thing. I'd like to bring it to the attention. This is not a pet project of mine, but I think it needs to be reminded. Mr. City Manager, prior to your arrival, this Commission approved a concept called the Little Havana Latin Quarter, or the Latin Quarter Concept. At the time that this City Commission approved that concept, we were concerned about no grants of money to implement. It was stated at that time that there should be monies to bring this thing, if we really mean what we say, to bring it about, to do some programs to the implementation of the Latin Quarter. We were told at the time that the appropriate place for those monies to implement would be through community development, that it could be treated separately from the Little Havana general provisions or allocations. Now, I'm not blaming you, Sergio, because you weren't here, and I'm not blaming Frank. You were here, but not in the position that you are today. I do see allocations in here for monies. For example, for some sewers; but that's not from the proposal that was passed by this Commission. That's fifth year sewers. It's been an on -going program and it just happens to be in that area designated. Mr. Manager, I am very much concerned that we are giving false hope based on two things. One, that we have created this concept. By the way, I was not at the dedication for the, I guess, the first, the McDonalds. It's a beautiful thing. I wish him well. Mayor Ferre: I wasn't there either. Mr. Plummer: We were invited, Mr. Mayor. Mayor Ferre: We were? gl 90 April 18, 1985 Mr. Plummer: Yes, it was on my schedule. I couldn't make it. I was busy. Hut, you know, I didn't see Dunkin Donuts go in to Little Havana. I question whether they are going to make it, unless they can start staking churros. My, } concern is that we said to the people at the time of those public hearings that no, we don't have any money now, but the proper place to get your money to do some of the implementation of the Latin Quarter concept, should come from Community Development; and we agreed. Yet, I don't find any monies indicated in this budget for implementation of that concept. 1, for one, feel that we made a commitment to those people and that we're not living up to that commitment. Mr. Manager, I would beg of you, air, that you keep the good word of this Commission and its commitment to the people, that we come up with monies for that Latin Center concept. Let me make this clear on the record. I don't know of a thing that you can do that can enhance a funeral home on Flagler Street. I am not here looking for a self interest. I don't even know how you...mea oulpa, mea culpa, mea culpa... I don't know how you can put that forth in the concept, but I think that we have to designate. Mayor Ferre: Plummer, there are opinions about that. There's some people that say that a good bulldozer would do wonders. Mr. Plummer: Mr. Mayor, as soon as you buy it, I couldn't agree with you more. But, I would just, Mr. Manager, whether you take it of one particular area, I think for this Commission to live up to its word, we talked about $100,000. I just feel that we have to include that in this budget, because that's what we promised. K Mr. Pereira: I think it's on its way now. I don't know much about, as you said, I was not here and I don't know.... Mr. Plummer: Yes, sir, I understand, I'm not blaming anyone. Mr. Pereira: Now this project, in my recollection with the county, has several phases, because we are contributing, or the county was contributing some dollars for some street improvements in the area out of the capital improvement program. I don't know if Frank, you might be able to address this, is this part of the.., is this project being phased? Are we contributing dollars in the phasing of the project? Or have we just left it totally out? x, Mr. Frank Castaneda: We at the present time do not have any money for it. Let me state that out of the tenth year, out of the contingency account, we have separated some money, $200,000 for the brick sidewalks that you're going to be placing on 7th Street between 12th and 17th.... L+eji�.:Y w jR Mr. Plummer: That's the county. Mr. Castaneda: No, the City is going to have to pay for that. Mr. Plummer: On the widening or just the sidewalk? Mr. Castaneda: Just on the brick sidewalks. The state will be paying for the improvements and that improvement above.... Mr. Plummer: All right, look, let me do it this way, if I may. Mr. Castaneda: Can I answer, I think that I'll answer your question. The Manager and I were discussing last night, you gl 91 April 18, 1985 know, what available funds were in tenth year and what agonies have been left over and we might be able to.... Mr. Plummer t Prank, look, I'm going to make it simple for you. I'm going to make a motion. Who's the senior member now? I can't make a motion and be senior member too. 1 Mr• Dawkins: O.K., I'll be senior member. i Mr. Plummer: You're senior member now. I'm going to make a motion at this time that this Commission allocate the amount of $100,000 for the implementation of this Commission's action of creating the Latin Center, Latin Quarter. I make that in the form of a motion for this year's allocation towards that development. Mr. Perez: Second. Mr. Dawkins: Moved and seconded. Any further discussion? Mr. Plummer: Under discussion, Mr. Manager. Mr. Pereira: Yes, I would just like to say, if you specify this year's allocation, when we go through the total deobligation of funds and close this program year, there might be some monies available that we might be able to reprogram, so don't.... Mr. Plummer: Mr. Manager, I will correct that to say for $100,000 to be spent in the year 1985. Mr. Pereira: Thank you. Mr. Dawkins: Does the seconder of the motion accept that amendment? Hearing no further questions, call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 85-455 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $1009000 TO BE EXPENDED IN THE IMPLEMENTATION OF THE "LATIN QUARTER" CONCEPT IN FISCAL 1985-1986. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. ABSENT: Mayor Maurice A. Ferre ------------------------------------------------------------ NOTE FOR THE RECORD: Commissioner Carollo, although absent during roll call, requested of the City Clerk to be shown as voting with the motion. -------------------- ------------ ---------------------------- Mr. Plummer: Is there anyone else who wishes to speak further on item number 14? Mr. Perez. Mr. Genaro Perez: Good afternoon, my name is Genaro Perez. I am a member of Youth Coop. Last year, Commissioner, we al 92 April 18, 1985 received some funding from Community Development and some from the federal revenue sharing funds. This year we have been eliminated from Community Development. Mr. Plummer: What did you receive last year? Mr. Genaro Perez: I do believe it was about $25,000. Mr. Plummer: So you're not a new program. Mr. Genaro Perez: No, sir. Mr. Plummer: Frank? Mr. Castaneda: What happened in this particular.... Mr. Plummer: Joe, Maurice had to go upstairs% Mr. Carollo: Show me voting yes on that motion. Mr. Castaneda: What happened in this particular case.... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Castaneda: What happened in this particular case, that during the revenue sharing cycle, if you might recall that we ran out of revenue sharing monies and the Commissioner asked the Manager whether there were any funds that could be found anywhere for this purpose. At that time, we said that we had a bounds to the cap of X amounts of money which was allocated to a number of about four or five agencies. We did not consider those agencies to be really community development agencies. Therefore, they were not included in this recommendation. Mr. Plummer: What you're saying then, if I understand, is that additional funding for them was in fact additional and it was a last resort in finding money. is Mr. Carollo: You're not recommending that any additional funds. Mr. Plummer: From Community Development. Mr. Carollo: I'm in agreement with that. Mr. Genaro Perez. Thank you very much. Mr. Dawkins: Madam City Attorney, am I correct if I were to make a motion that Miami Capital does not receive one dollar y until it has added the five people from the C.D. board. When the chairperson was up, come back to the microphone, ' please. Did I understand you to say that there was a recommendation that five members from your city wide commission go up to the board of directors of Miami Capital? r, UNIDENTIFIED SPEAKER: No, four members are allocated from the Community Development Board in the articles. ` Mr. Plummer: They are already there. UNIDENTIFIED SPEAKER: No, I think there is one there now. I think there is one there from before that happened to be on both boards. Mr. Dawkins: I'm making a motion that Miami Capital does not receive any funding from the City of Miami until it puts the four people on the board that are supposed to be there legitimately from our area. sl 93 April 18, 1985 Mr. Plummer: May I ask you, and I'll second the motion to amend it to read that the funding be withheld until they have the opportunity to come before this Commission and make their presentation? Mr. Dawkins: Yes, I'll accept that. Mr. Plummer: Which would then invite them back on May 9th. Let me just ask a question, because I know that Miami Capital has been having a problem, more problems than I am discussing, but one has been a cash flow problem of needing monies. Is this going to throw them completely out of business or put them in default? Mr. Dawkins: I would hope so. Mr. Pereira: Frank. Mr. Plummer: Because I think then the motion could be restructured to read that we don't fund them beyond the 9th of May. That keeps them out of default. Mr. Pereira: Excuse me a minute, Frank. Commissioner Dawkins and members of the board, it is my intention that prior to any allocation of funds to Miami Capital that we perform a financial audit as well as a management audit and then sit down and discuss it with Miami Capital. A recommendation I will be doing administratively before any funds are released to that particular program, Mr. Plummer: So you are saying that by the 9th, you will come to some conclusion? Mr. Pereira: No, we would not, we have not started the financial audit yet, since this whole thing was brought to my attention yesterday and that's when I'm going to be .' directing staff to do, to conduct a financial and a management audit of the organization. Mr. Plummer: So it accomplishes both the same. Mr. Pereira: That's right. Mr. Plummer: Call the roll. You got a motion and a second. Mr. Carollo: There is a motion; there is a second. Call the roll. The following motion was introduced by Commissioner Dawkins, who moved its adoption: MOTION NO. 85-456 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO WITHHOLD FUNDING FOR "MIAMI CAPITAL" UNTIL THE ADMINISTRATION HAS CONDUCTED A FINANCIAL AND MANAGEMENT AUDIT AND UNTIL MIAMI CAPITAL HAS HAD AN OPPORTUNITY TO COME BEFORE THIS COMMISSION TO MAKE THEIR PRESENTATION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo sl 94 April 18, 1985 7i l . f 1 NOES: None. ABSENT: Mayor Maurice A. Ferre UNIDENTIFIED SPEAKER: On behalf of the board I thank you. This Miami Capital issue 1 hope gets resolved very soon. Incidentally, they had cash flow problems with the City before when I was involved with them and they managed to get by but 1 think this Whole issue should be resolved very soon. There's too many good things that Miami Capital can do and should be doing. It's getting to be a joke when you pick up the newspaper every month or every other month or every other week and you see what's going on. It's not good for the community. Mr. Plummer: For the record, so there is no mistake, the cash flow problem they're having this year is not from the City, it's my understanding, but from the county. UNIDENTIFIED SPEAKER: That's a small part of the county funding of Miami Capital is a very small part of it. Mr. Plummer: Still that's where the cash flow problem has been created. Am I right? UNIDENTIFIED SPEAKER: I think it's only sixty some thousand dollars, fifty eight thousand. Mr. Dawkins: That's the reason I made the motion. Like you say, they have problems and then they come and they white wash them and then we forget it and they go back and we tell them to do something and they don't do it. So now, they either have to do what we tell them or don't get the money. UNIDENTIFIED SPEAKER: Thank you. Mr. Plummer: Mr. Vice Mayor, if a motion is in order and no one else from the public wishes to speak, I move item 14. Mr. Carollo: There is a motion. Is there a second to item 14? Y• Mr. Perez: Wait, I think we have a petition from the Small Business Opportunity Center. This petition, the letter that we have from Luis Sabines. Mr. Dawkins: Luis Sabines, he didn't ask for $100,000? .. Mr. Perez: Do you want to explain the....? UNIDENTIFIED SPEAKER: The Small Business Opportunity Center, which is a non-profit organization, which has been V in service through local -you have the letter- to local businessmen with the Little Havana since 1976, has been =4 offering assistance in the field of economic development through various projects. This assistance, which has been a valuable tool, has not been limited to technical and -° financial guidance, but has also been comprised referrals which take time and money by directing our clients to =_ appropriate sources; clients who would otherwise waste many =' hours by going from one agency to the other and search for help or services receive assistance at our agency. The - Small Business Opportunity Center also supplies manpower through programs under the South Florida Employment and Training Consortium and the Private Industry Council. We assist in securing permanent and subsidize employment for individuals, provide services of an employment bureau free Ns of charge and offer significant monetary savings to potential employers. This important and interesting program also helps alleviate the public sector from creating sl 95 April 18, 1985 unnecessary jobs as a solution for the problem which is j unemployment. Therefore, our agency contributes concrete lead to the stimulation and development of our economy in Little Havana, which has been continuously plagued by crime and unemployment. We also hope to obtain through local agencies federal monies for paint and commercial rehabilitation of facades. This rehabilitation creates a positive environment in the area, also contributing to economic stimulation. S.B.O.C. also conducts surveys which gather information and works closely assisting the various community organizations in their endeavors. We have a great deal of resources available to those in need, but we need to wait to get this information to the community. The Small Business Opportunity Center needs a public information specialist with contacts in the media and within the community, who would be able to disseminate the information and bring it to the attention of the public, who is in need of our services. This person would also be liaison between the services offered by the agencies and those by the merchants promoting concretely the theory of supply and demand. For this we request from the honorable Commission the amount of $15,000. Mr. Plummer: Are you getting anything now or this is an additional request? UNIDENTIFIED SPEAKER: Yes, it is... we're funded, we're $37,000. Correct? Yes. Mr. Perez: What is the budget that you have now? UNIDENTIFIED SPEAKER: Our budget is.... UNIDENTIFIED SPEAKER: $379250. Mr. Perez: And you want.... ` UNIDENTIFIED SPEAKER: An additional $15,000, yes. Mr. Perez: Mr. Vice Mayor, I would like to move the approval of the $159000 additional that is requested by the Small Business Opportunity. Mr. Carollo: What is the administration recommending? } Mr. Pereira: I'm looking for a.... Mr. Carollo: I will go along with whatever the City Manager recommends. Mr. Pereira: This is the Small Business Opportunity Center? ?`. UNIDENTIFIED SPEAKER: Correct. Mr. Castaneda: Their request is concerning this year. Mr. Pereira: Next year starting July first. I will have to review it. We really haven't had an opportunity, and come back with a recommendation. r • Mr. Carollo: I think that's only appropriate, Mr. Manager. We just got this here this afternoon. It's next to 4: impossible for anyone to really make an educated decision. So, I have to go with you. Mr. Perez. Let me ask in all the other , petitions that we approved this afternoon have come with your full approval? Mr. Pereira: No, I'm saying that in this particular case, it's not a question of recommendation or no recommendation. sl 96 April 18, 1985 There have been items that have tome in front of you that we've had a no recommendation to it, and you have taken it and you saw fit to make the allocation of dollars. In this particular case, t have just received this recommendation, I Mean this proposal. All its asking you is for an opportunity to review it, because they are recipients of other dollars and come back to you with a recommendation on May gth. That, I think is fair. Mr. Carollo: Not only that, Commissioner, but we have an ordinance that we implemented that we will not hear anything unless it goes to the administration beforehand. Mr. Perez: I understand 100%, the only thing that is unfamiliar... I think we have already approved two other motions, no? That one is.... Mr. Carollo: But they've gone through the administration. Mr. Perez: One is for this group, I gave the papers of this group Bake.... Mr. Pereira: We had a recommendation and it was a no. We had a recommendation that was denial. We have not had an opportunity to review.... Mr. Plummer: Let me go on the record, even though I want to give you that right to go over the information, I'm in favor and I hope that you will find and look favorably on it, but we will listen to your recommendation. Mr. Perez: Sure, and to have for the next regular Commission meeting. Mr. Carollo: Can we go back to the original topic. Is there still a motion and a second. Mr. Plummer: Sir, if everybody is finished speaking, yes, I move item 14. Mr. Carollo: Commissioner Plummer moves item 14. Mr. Dawkins: Second. Mr. Carollo: Commissioner Dawkins seconds. Mr. Plummer: Excuse me, I had a pending question, Joe. Mr. Carollo: Open for discussion, go ahead. Mr. Plummer: What was the cost of administration last year? Mr. Castaneda: The cost for administration was basically set at the same percentage. It was 20% of the arena allocation, so in effect we were allocating somewhat less than last year. Let me remind you that about $500,000 of that amount goes to contingencies.... Mr. Plummer: Those are contingencies. Mr. Castaneda: No, I'm sorry, not contingencies, indirect costs. The other amount, $400,000 goes to Planning Department. Mr. Plummer: I'm going to go ahead and vote for this. All right, sir? But I want from you, from the administration, a complete and total breakdown of where the money is going for this year's allocation and five years back where it went. I just have in the back of my mind an administrative cost of about eleven or twelve percent. I'm asking you that I'll sl 97 April 18, 1985 i r vote for this thing. I made the motion, but I would think that we're entitled to know where it's going in more complete detail than what you have here. Mro Castaneda: Sure, and let me clarify for the record that the administration budget is reviewed as part of the whole administration of the City and historically, they only set it at 20% and let the Commission decide how they want to use the administrative funds. Mr. Plummer: I got to tell you on the record I think 21$ is a little high for administrative costs. It might be justified, but on face value from this page xii, the impression given is that administrative costs are too damn high. Mr. Castaneda: Let me also tell you that we're expending a significant surplus from administration from this year. I'm just talking about budgets. Mr. Plummer: You know how government operates, don't you? What do you call a significant surplus for this year? Let me teach you about government 101. How much is a significant surplus this year, Mr. Cigar? Mr. Pereira: Oh, you mean for the program? Mr. Plummer: No, sir, he just made a statement that there is a significant savings this year in administration. I'm asking you what is that significant savings. Mr. Pereira: Relative to the amount that we have proposed to spend, significant, if you have a budget of you know $3 million and you save $100,000, there's no significance to that. That's nickel and dimes. Mr. Plummer: Give me significance in numbers. Mr. Pereira: It's relative. If on a $2 million budget, if you save half a million dollars, that's significant. Mr. Plummer: I would like numbers. What is the significance savings that you just indicated? Mr. Pereira: Oh, you mean in this one? What are they? Mr. Castaneda: From this particular year, we expect about $550,000. Mr. Plummer: So that means that this coming year, since revenues are down, you can operate with about $2.3 million, because that's the way government operates. If you didn't spend everything we gave you last year, we reduce your coming year's budget by that amount. That's what I'm looking for. I'll expect that sheet to come forward, please. Hey, Miller, I'll get you turkeys yet. Mr. Carollo: Hearing no further discussion, can we call the roll, Mr. Clerk? 31 April 189 1985 9 _ The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-457 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT THE ATTACHED APPROVED GRANT PROGRAM FINAL STATEMENT TO THE U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) REQUESTING FUNDS IN THE AMOUNT OF $1490409000 FOR THE CITY'S PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING 1985-86; FURTHER AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF SAID GRANT BY HUD, TO ACCEPT THE SAME AND NEGOTIATE THE NECESSARY IMPLEMENTING CONTRACTS AND AGREEMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. ABSENT: Mayor Maurice A. Ferre ----- ----------- -------------------------------------------- 26 FIRST READING ORDINANCE: AMEND SECTION I ORD. 8719 NEW TRUST & AGENCY FUND COMMUNITY DEVELOPMENT BLOCK GRANT 11TH YEAR ----------------------------------------------------- ------- Mr. Pereira: You have to do 16, which is the ordinance. Mr. Carollo: Item 16. Mr. Plummer: Move 16. Mr. Dawkins: Second it. Mr. Carollo: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION I OF ORDINANCE NO. 8719 ADOPTED OCTOBER 269 19779 THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW TRUST AND AGENCY FUND, ENTITLED COMMUNITY DEVELOPMENT BLOCK GRANT; AND APPROPRIATING $1490409000 FOR EXECUTION OF SAME; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and passed on its first reading by title by the following vote- sl April 18, 1985 AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Commissioner Demetrio Perez, Jr. Vice=Mayor Joe Carollo NOES: None. ABSENT: Mayor Maurice A. Ferre The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. —rrrrrr rr—r--rr----r.r—r—r rrr.rrrr—rr.�rr--rrrrrrr—rrr rrrrrrar rr 27 AWARD CONTRACT FOR DEMOLITION: CUYAHOGA — $1659000 BAYFRONT PARR AUDITORIUM ------------------------------------------------------------ Mr. Carollo: Back to item 15. Mr. Pereira: Item 15, Mr. Vice Mayor, if I may, I have to read into the record the award. It is the bid award is to Cuyahoga for $165,000. Mr. Plummer: Mr. Vice Mayor, it takes 4/5ths vote and the Mayor is absent. Mr. Carollo: We can call Mr. Noguchi. Mr,1 Plummer: I'm just saying that there's no use going L 1rWU811 6111C3 F9-U%S1ZZ$C1 i.l 1,11C1-C"0 ally V11C Vl 1.11C LWUL- 11CL'G £.; presently indicating that they are going to vote against it. Mr. Carollo: This is for the auditorium, correct? Mr. Plummer: Yes, sir. Mr. Carollo: Are you voting against it, Mr. Plummer? Mr. Plummer: As far as I'm concerned, Mr, Vice Mayor, we have no choice. We have to tear this down because of the asbestos problem and I would say that it has to go. Mr. Carollo: That's what I understood. I have no problems with it. Mr. Plummer: May we have you fill in the figures for us. Mr. Pereira: Let me read the figures. It will be, the bidding time accepting the bid of Cuyahoga in the proposed amount of $165,000; base bid proposal for Bayfront Auditorium demolition with monies thereof allocated from the Bayfront Park Redevelopment account in the amount of $165,000 to cover the contract cost allocating from said funds the amount of $3,300 to cover the cost of such items as advertising, testing laboratories, and postage; allocating from said fund the amount of $950 to cover the indirect cost; and authorizing the City Manager to execute a contract with said firm. Mr. Carollo: Is that the low bid, Mr. Manager? Mr. Pereira: That's the low bid. Mr. Carollo: One sixty five. Mr. Pereira: $1650000. al 100 April 189 1985 Mr. Carollo: Is there a motion? a Mr. Plummer: Move it. Mr. Dawkins: Second. i Mr. Carollo: There is a motion; there is a second. Call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 85-458 A RESOLUTION WAIVING THE REQUIREMENTS FOR FORMAL SEALED BIDS BY REDUCING THE BIDDING TIME AND ACCEPTING THE BID OF CUYAHOGA WRECKING CORP. IN THE PROPOSED AMOUNT OF $1650000, BASE BID OF THE PROPOSAL, FOR BAYFRONT AUDITORIUM DEMOLITION WITH MONIES THEREFORE ALLOCATED FROM THE "BAYFRONT PARK REDEVELOPMENT" ACCOUNT IN THE AMOUNT OF $1659000 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $239100 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $39300 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $950 TO COVER THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. ABSENT: Mayor Maurice A. Ferre Mr. Plummer: Mr. Vice Mayor, Mr. Manager, I would ask you to send me a break down of that $3,300 that went for postage and advertising. I'd like a complete breakdown on that amount of money, where it went. Mr. Pereira: Once it's expended. Mr. Plummer: I'm assuming it's already expended; advertising and postage has already been expended. Mr. Luther Long: I'm Luther Long, Assistant Director, Department of Public Works. That money is set aside on a formula that we use. A certain percentage is set aside on certain type jobs, and it's likely that we will not expend that much money. Mr. Plummer: Mr. Luther Long, I say your formula is wrong. I say it's been wrong for years. We're allocating monies that are not necessary. I'm asking that you give us a complete breakdown. 81 101 April 18, 1985 13 Mr. Pereira: You'll get it. Mr. Plummer! Thank you, sir. WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 4:58 P.M., RECONVENING AT 5:05 P.M., WITH ALL MEMBERS OF THE COMMISSION FOUND TO BE PRESENT EXCEPT COMMISSIONER PEREZ AND MAYOR FERRE. rrrr.�rr�.r��i�r�r�-�-.1►.Ir��r�rYr���i..�r�-��r►-���.w11�-irir---rr�-�-ar���.ii 28 DISCUSSION ITEM: COMMISSIONER PLUMMER - CASH FLOW PROBLEMS IN COMMUNITY BASED ORGANIZATIONS - MANAGER REPORTS -------------------- �r-� Mr. Plummer: Mr. Vice Mayor, while we're waiting, I had asked a question earlier in the day of the Manager about the cash flow problem of the authorities and he says that he has an answer. I'd like, if we could, at this time, while there is a lull, to go ahead and put in in the record. Mr. Carollo: Go ahead, Mr. Manager. Mr. Pereira: Commissioner Plummer, I am informed that we no longer have any problem in reimbursing CBO. What was happening was that the reimbursement requests were being submitted to the Department of Economic Development for Review. Then to the Department of Community Development for processing. Now that those reimbursement packages are being submitted directly to Community Development, reimbursement time now is less than ten days. In case of emergency, we have provided reimbursement to agencies within 48 hours by obtaining hand written cheeks. Now, the issue of advance, the advance is given to agencies equal to one sixth of their allocation at the beginning of the fiscal year. We do collect part of their advance through the year. The purpose for this is to reduce the potential for the agency for spending money on a non -approved line items or over spend. This, by the way, is an internal audit request and that's why that policy is in existence. We are aware that it causes problems, but we are working very closely with the agency to make sure that this policy does not result in a disruption of the agency's operation. Let me throw in a little bit. This is the staff response. I have some difficulties with this procedure, because I have been a program director and that's how I started my career, and I can see where it will create some problems in terms of the cash flow, specifically as you begin to hit the end of your program year. I will be talking to the Internal Audit Department and try to modify this to a more sensible solution, which you stated this morning, and I think... that's the way I would perceive that this will be done, where we advance 1/12th of the budget and then on the 11th month, once the 11th month is completed, for all intensive purposes, there will be no further reimbursement. People will have to manager their dollars so that the program dollars will last for the 12 months. I will talk to the Internal Audit Department and try to correct that situation. If there is anyone that.., any of those agencies that are running into a problem, specifically in terms of a meeting in some of their more basic needs, e.g., payroll, in the very near future, tomorrow, or next week, I will like them to come over and I will certainly get them with Frank sl 102 April 18, 1985 t Castaneda and we'll try to resolve that problem in an emergency basis. Mr. Plummer: Mr. Manager, the only thing I would ask further of you is, whatever the new policy you indicate to implement, that you will send us a memo to let us know. Mr. Pereira: l certainly will, sir. Mr. Plummer: Thank you, Mr. Vice Mayor. rr-rr rr--ri-rrrrrrr-Ai..r rr---.r.rrrrr----�.rrr rir-r�rr--rr-rrrr--- 29 SECOND READING ORDINANCE: TEAT AMENDMENT 9500 SPI-17 SOUTH BAYSHORE OVERLAY DISTRICT SUBSECTION 15172.2.1 ------------------------------------------------------------ Mr. Carollo: Item 8. Mr. Ken Meyers: Is item 8 a long and controversial one? Mr. Carollo: I don't believe so. First reading was March 28th. Mr. Plummer: Mr. Vice Mayor, I moved it before, and I'm willing now to move it again. Mr. Carollo: Plummer moves it. Dawkins seconds it again? Mr. Dawkins: Yes, Mr. Vice Mayor. Mr. Carollo: Hearing no further questions, can we read the ordinance, Madam Attorney? Call the roll, Mr. Clerk. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 151TO ENTITLED 11SPI-17: SOUTH BAYSHORE DRIVE OVERLAY DISTRICT," BY CLARIFYING LANGUAGE IN RELATED SECTION 15171 ENTITLED "INTENT," TO INCLUDE THE COCONUT GROVE VILLAGE CENTER; FURTHER, BY AMENDING SUBSECTION 15170.2.1 ENTITLED "PUBLICLY ACCESSIBLE PARKING," BY REDUCING THE MINIMUM THRESHOLD OF REQUIRED PARKING SPACES NECESSARY FOR THE FLOOR AREA RATIO BONUS, AND INCLUDING THE COCONUT GROVE VILLAGE CENTER AS A DESIGNATED MAJOR PUBLIC ACTIVITY CENTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of March 289 19859 was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo NOES: None. sl 103 April 18, 1985 ABSENT: Mayor Maurice A. Ferre Commissioner Demetrio Perez, Jr. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 998? The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 30 SECOND READING ORDINANCE: AMENDMENT *NO ORD. 9500 ACCESSORY CONVENIENCE ESTABLISHMENTS - TRAVEL. AGENCIES -------------------------.------�---------------------.rrr-- Mr. Plummer: I moved item 9 before. I'll move it again. Mr. Carollo: Plummer moves it. Dawkins seconds. Hearing no further discussion, can you read the ordinance, Madam Attorney. Call the roll, Mr. Clerk. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTION 2003.7.2 ENTITLED "MAXIMUM FLOOR AREA PERMITTED IN ACCESSORY CONVENIENT ESTABLISHMENT," BY ABOLISHING THE TEN PERCENT (10%) BONUS IN RG-2.29 RG-39 RO-39 AND RO-4 DISTRICTS; SUBSECTION 2003.7.3 ENTITLED "ACCESSORY CONVENIENT ESTABLISHMENTS, USES PERMITTED," BY AUTHORIZING TRAVEL AGENCIES AS A PERMISSIBLE ACCESSORY CONVENIENCE ESTABLISHMENT IN CERTAIN HOTELS IN THE RG-2.21 RG-3, RO-3 AND 0-I DISTRICTS SUBJECT TO SPECIAL EXCEPTION > APPROVAL; FURTHER, AMENDING PAGE 3 OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS UNDER "USES AND STRUCTURES," TO PROVIDE THAT ACCESSORY CONVENIENCE } ESTABLISHMENTS ARE PERMISSIBLE IN RO-3, RO-49 AND 0-I DISTRICTS SUBJECT TO ' REQUIREMENTS AND LIMITATIONS OF SECTION 2003.7 OF THE ZONING TEXT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of March 'y 28, 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins �'. Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo w' NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. .r, Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9988 sl 104 April 18, 1985 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. r�G-�Ir �i�.ilr �i ii Ti. 0-�i "&ON ibiW r00".W. M. . imam. ire—,-0.—i.-en,i. iYilYr �Y►iri 31 SECOND READING ORDINANCE: TEXT AMENDMENT 9500 RG-2.3 ESTABLISH MINIMUM OFF-ST. PARK= REQUIREMENTS FOR GROUND FLOOR COMMERCIAL OPERATIONS mlo.r—_. in.ob .�----".Wft r----+ ON rrrr-rrrr.ri---a.r-. Mr. Plummer: I moved 10 before; I'll move it again. Mr. Dawkins: Second. Mr. Carollo: Motion, there's a second. Hearing -no further discussion, can you read the ordinance, Madam Attorney? — — — — — - — - — - — — — — — - — - — — — — — — - — - — - — - — — — — — — - — — — — — - — - — — — - — - — ------ NOTE FOR THE RECORD: Mayor Ferre enters meeting. — — — — — — — - — - — - — — — — — — — — — — — — - — — — - — - — - — — — — — — — — — — — — — — ---- Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING PAGE 2 OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS OF ORDINANCE NO. 95009 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, UNDER "PRINCIPLE USES AND STRUCTURES," RG-2.3, GENERAL RESIDENTIAL TRANSIT DISTRICT, BY PROVIDING FOR CERTAIN COMMERCIAL OPERATIONS„ WITH LIMITATIONS, WITHIN A SPECIFIED DISTANCE OF THE REGIONAL RAPID TRANSIT SYSTEM AND PROHIBITING DRIVE -THROUGH FACILITIES; FURTHER, PROVIDING MINIMUM OFF-STREET PARKING REQUIREMENTS IN THE AFORESAID DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. passed on its first reading by title at the meeting of March 289 1985, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Demetrio Perez, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCEN0. 9989 The City Attorney read the ordinance into the public record and announced that copies were available to the N.'_- members of the City Commission and to the public. �.',�------� ----- -----------------+------------------ ----------- al 105 April 18, 1985 32 FIRST READING ORDINANCE: TEXT AMENDMENT ORD. 9500 AMEND ART. 21 NONCONI'ORMITIRS9 SEC. 21019 2102.2.1.1, 2109.2.1.2 NONCONFORMING LOTS, ETC. Y.Y►.r.�ii�iY..r r1`�f�iiiii.�.►.n.�YiGiiiri�r.i.i..l�iirii—ii.u.b.r.�.riii.iGii►i is �.�irrrrrrr Mayor Ferre: Take up item 11. Mr. Plummer: Move it. Mayor Ferre: Is there a second? Mr. Dawkins: Second. Mayor Ferre: Does anybody wish to speak on this? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 95009 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTIONS 2102.2.1.1 AND 2102.2.1.2 OF SECTION 2102 ENTITLED "NONCONFORMING LOTS," TO PROVIDE THAT NONCONFORMING LOTS UTILIZING THE "EIGHTY PERCENT" EXCEPTION AND RULE FOR LOT DIVISION MUST MAINTAIN THE SAME COMMON FRONTAGE AND ORIENTATION AS THE PREVIOUS LOTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins and was passed on its first reading by . title by the following vote - AYES: Commissioner Demetrio Perez, Jr. ` Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. s. ABSENT: None. The City Attorney read the ordinance into the public -` record and announced that copies were available to the members of the City Commission and to the public. ----------------------------------------------------------- FIRST READING ORDINANCE: :,,: 33 TEXT AMENDMENT ORD. 9500 ART. ° 20 SEC 2031 DRIVE IN ESTABLISHMENTS, CAR WASHES, ETC. Mr. Carollo: Move item 12. `= Mayor Ferre: There's a motion on 12. Is there a second? Mr. Plummer: Second. Question, very quickly, it says in the ordinance they do not provide the minimum number of ,.. reservoir spaces. The number of reservoir spaces is not indicated. What are they? a Mr. Richard Whipple: It was established by this Commission fi by previous ordinance.... Mr. Plummer: What is the number? 81 106 April 18, 1985 Mr. Whipple: This is a full culmination of all the drive-in questions that the Commission requested before them. Mr. Plummer: Ten? Mr. Whipple: Yes, sir. Mr. Plummer: Thank you, sir. Read item 12. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 95009 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA$ BY AMENDING SUBSECTION 2031.2 OF SECTION 2031 ENTITLED "DRIVE-IN ESTABLISHMENTS; CAR WASHES," TO REQUIRE A SPECIAL EXCEPTION WITH APPROVAL BY THE CITY COMMISSION IF CAR WASHES, TELLER WINDOWS OF DRIVE-IN BANKS, TICKET SELLING SPACES OF DRIVE-IN THEATERS, OR OTHER DRIVE-IN FACILITIES (INCLUDING BUT NOT LIMITED TO FOOD AND BEVERAGE SALES, AND LAUNDRY AND DRY CLEANING PICK-UP STATIONS) DO NOT PROVIDE THE MINIMUM NUMBER OF RESERVOIR SPACES; FURTHER, AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGES 3 AND 41 IN ZONING DISTRICTS 0-1 AND CR- 1 TO REQUIRE SPECIAL EXCEPTION, WITH APPROVAL BY THE CITY COMMISSION, OF ALL DRIVE-IN FACILITIES THAT DO NOT PROVIDE THE MINIMUM NUMBER OF RESERVOIR SPACES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. >r Was introduced by Commissioner Carollo and seconded by Commissioner Plummer and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the .Kv members of the City Commission and to the public. ;F: r r r;, --------------------------------------------------------- 34 FIRST READING ORDINANCE: PUBLIC HEARING; CHANGE ZONING ' CLASSIFICATION 3151-3199 S.W. 27 AVENUE, 2660 LINCOLN AVE.; 2699 TIGERTAIL AVE.; FROM RG-2/5 W/SPI-3 OVERLAY TO RG-2/6 W/0 SPI-3 OVERLAY (A) INSTRUCT PLANNING DEPT. ?0 ACCELERATE STUDY OF 27 AVE. (B) VAIVE TIME LIMITS BETWEEN REZONINGS TO FACILITATE DEV. OF CITY IN CONTEXT OF COMPREHENSIVE PLAN ..,,:.. ---------------------------------------------- -------------- Mayor Ferre: We're now on item 6. sl 107 April 18, 1985 0 0- Mr. Whipple: Mr. Mayor, members of the Commission, item 6 and 7 relate to the same property. Mr. Plummer: Excuse me, for the record, item 13 was deferred. You asked about item 13; it was deferred. Go ahead, I'm sorry. Mr. Whipple: Items 6 and 7 are related and involve the same property. Item 6 has to do with a request for a change of zoning from an RG=2/5 to an RG-2/6; thereby increasing the intensity of the development and also with the elimination of the SPI-3 overlay district that presently exists with the RG-2/5 zoning. The second part, item number 7 has to do with changing the zoning from the -if approved- RG-2/6 zoning district to a PDMU planned development mixed use. This board might remember some time ago there was a request on a portion of this property for a change of zoning under the old zoning ordinance from R-u, multiple family zoning, to RC. At that time the Planning Department had recommended denial. The zoning board recommended approval. The City Commission by Motion 82-751 recommended denial of the RC use, which was for residential office zoning. Coming before you today in the two parts, as I've indicated, we have very serious concern with the requested rezoning or increasing of intensity of the zoning on this property and its impact upon the surrounding property and other areas along the corridor of 27th Avenue. This request basically takes a floor area ratio of .75 permitted by sector 5 and increases it to a 1.21 floor area ratio, which is what the sector 6 ratio is. Our concerns relate not only to that increased intensity, but to the fact that this Commission asked us pursuant to another zoning change up around Aviation Avenue and Bird Road to take a very good look and do a planning study relating to the corridor along 27th Avenue as to the appropriate usage and development that should occur in a planned nature in the future. We have just gotten that study under way. It will not be complete probably for about three months or perhaps a little longer. In addition to that study just under way, we had just completed a study having to do with the higher density development occurring between Tigertail and Bayshore Avenue between Aviation and 27th Avenue; that had to do with the Terremark type development on that Bayfront oriented property where there is higher intensity at this time. That study indicated that Tigertail, in fact, was the proper boundary line by which to limit the intensity in the area, higher intensity being on - the bayside of Tigertail and lesser intensity on the inland side of Tigertail. So, in essence, this requested change of zoning is at odds with the recommendation as to the =` development as we saw it occurring pursuant to that study. In addition to the intensity of the development created by the change of zoning, there is also increase intensity by =' applying and receiving a PDMU zoning. It takes the 1.21 +` floor area ratio permitted by the sector 6 and increases that to a 1.39. The previous study that I have just alluded to concerning Tigertail and Bayshore, we did also say that =: we thought the development on the other side of Tigertail or {, the inland side, should be of a planned nature. But nothing in that study indicated the need at that time for additional intensity, and we're not prepared to recommend additional intensity until we've had the opportunity to complete the study requested by this Commission. Moving a little more into the second part of the application, item 7, it does require that a PDMU does require that there be concept plans °- provided and be part of the file in the granting of the PDMU zoning. We have had serious questions about several items with respect to the plan and development as proposed. We ..,, call your attention to the very minimal set back provided to the rear of the lot, rear being opposite of 27th Avenue, where there is only a basic five or six foot set back �t2 sl 108 April 18, 1985 provided, a minimal light plane and is very close to the adjacent existing apartment building. I see we have a model before us and I believe you'll be able to see these points when you look at the model Secondly, we were concerned about the livability of the space between the office structures I might point out that the structure nearest to you on the model is that of office development and the structure to the rear is residential and we feel that the livability areas around the residential structure leaves something to be desired and that there is a very small, twenty odd foot space between the two buildings, which we do not believe is appropriate for the residents living in the area. The other concern we have has to do with the height of the structures. As you know, the SPI-3 overlay zoning district does two things. The two things are that it requires a slight plan review, usually through a class-C permit and it establishes a height limit in the area in which it is applied. In this case, the height limit for the SPI-3 in this area is approximately 40 feet and the office tower is proposed to be to a height of 66 feet. For these reasons, the other last item had to do with the treatment or the facade of the office structure as it related to 27th Avenue. It looks as if there has been some modifications to that facade which we have not had an opportunity to review, except for today; but the original facade was a very straight line, all glass, uninteresting type facade, which we did not think was appropriate for the frontage along 27th Avenue nor for the character of the Grove. For these reasons the Planning Department is recommending denial on both the change of zoning of the sector number from a 5 and 6 and have serious reservations concerning the planned development PDMU in light of that intensity being requested in the change of zoning. Mr. Plummer: Mr. Whipple, of the neighbors who spoke to me prior to the hearing, unless I am mistaken, I did not hear you address the problem of their greatest concern, and that's traffic. Mr. Whipple: Well, we did not address traffic specifically, other than the fact that we're saying that we feel that the existing zoning, and to the best of our knowledge as we haven't completed the proper studies for the area, the traffic might be handled. Mayor Ferre: You are talking about, I assume, automobile traffic. Mr. Plummer: Yes, sir. Mayor Ferre: Coming out of this building. Mr. Plummer: But I think it's in relation to the traffic of this building, not all of the area, just how this building as proposed.... Mayor Ferre: Dick, let me ask you.... Mr. Whipple: We have no knowledge on the specific.... Mayor Ferre: Have we started the study yet on the 27th Avenue corridor? Mr. Whipple: Yes, we have started it, Mayor Ferre: It has begun. Is it ten percent complete? Mr. Whipple: It just begun recently. We're waiting for more staff to come on line. sl 109 April 180 1985 Mayor Ferre: Is it ten percent complete, fifty percent eompletef eighty percent complete? Mr. Rodriguez: Twenty percent complete. Mayor Ferre: Twenty percent complete, so we're in the beginning. Mr. Rodriguez: We're getting a transportation planner on board on May 6th and that will be part of the study. Mayor Ferre: let me ask you this next question. Dick, since you were here at the time, and Sergio, I don't think you were here yet, we turned down Don Rosenberg who wanted to put up an office building at the corner. I don't think it was as big as this. I think it was.... Mr. Whipple: I believe it was the first four lots, as I remember.... Mayor Ferre: It was a smaller project. I think it was higher. As I remember, it was a relatively small office building, but I think it was higher; and the community was strongly opposed to it. The Tigertail Association and others came and we discussed it. As I remember, and it really kind of hurt me to vote against Don Rosenberg because he's a good friend of mine, but we voted against it; all of us, it was a unanimous vote. We turned it down. At that time, and Jack was here. I see him at the back of the room. Jack was the fellow handling the Coconut Grove aspects, I mean that particular project. I told Jack, I said, "Jack, you did it again, and this is about the fourth or fifth time that we have voted down a project in this general area and you've won every one, but you're going to run out of luck one of these days, because the time is coming when 27th Avenue is going to end up being the main corridor entry in the Coconut Grove and you may as well get ready for it. It may be five years, it may be ten years, but it's going to happen; and start right away the planning process, because it's not me who says it's going to happen and it's going to make it happen. It's going to happen with or without me, because I'm not the guy buying the land and investing and pushing. If it is not one developer it's another one and when Don Rosenberg goes down, the next guy will buy it and come back and he'll get a different lawyer and a different team and a different thing and one of these guys is going to make it through. He's going to break through that marginal line and he's going to be a straight shot." Let me tell you, so far, the Commission has held back the tide, but I want to ask you this question, this is where I'm leading to. How long ago was that? What was the denial date of the Rosenberg application. It's got to be two or three years. Mr. Whipple: The City Commission date was precisely 7/29/82 according to the fact sheet. Mayor Ferre: 7/82, so it was in July of 1982. We're now on 1985; this July it'll have been three years. Jack, I said to you then, within three years, this will be back and the next time it comes back, it's going to be bigger and more difficult to defeat. Remember that? Was it two or three years that I told you? I said in three years this thing will be back. You better be ready for it when it comes back three years from nowe You're telling me that we're starting... That thing was turned down two and half years ago. At that time I made a motion. I think that was me; it may have been somebody else on this Commission. Maybe it was you, Plummer. Somebody here on this Commission made a motion that we immediately start looking into the 27th Avenue corridor because it was going to come up and it was 110 April 18, 1985 going to hit us again. Two and a half years have gone by and you're telling me that we're 20% through that study& Mr. Rodriguez: If I may, in relation to this, I wasn't here at the time, but for the first time on May 6th.... Mayor Ferre: Please, I'm not trying to blame anybody. I'm not trying to say... I don't want to write history. This is not an exercise as to find out who killed John. I'm not interested. What I'm interested in doing is in seeing why, I mean where are we, because of the fact that we haven't done the study. Mr. Rodriguez: I know that we have, in this area in 2Tth Avenue, development pressures. We believe that it's important that we look at the area. We have been doing studies in other parts of the Grove in which there have been also development pressures and we have tried to respond to that as professionally as possible with the limitations of the staff we have had. What I was trying to say before, on May 6th for the first time in my two years in the Commission and working for the City, we're going to have a full staff. We're going to have a traffic planner that you approved in the budget and we're going to have another urban designer. After this now, we're going to be able to respond accordingly you know to the pressures that we have for development in the area and other parts of the City. I think that you're going to see an improvement in that area. Mayor Ferre: In the meantime, Metrorail is open, a station has opened. Mr. Pancho Blanco and his friends fought all the property in what they call Grovegate. They retained an architect and they're building, and the design of the building is unbelievable. You think that's big. Grovegate is ten times that size. That's all being drawn up right now. On the other side, where you had your campaign headquarters, that property has been purchased. Somebody is moving along designing a major project for that. There is a brick building that you designed. What's the name of that project? Grove Professional, that's almost finished. The Frenchmen, the ones that dug the big hole next to Mayfair, that's moving along. Ed Grafton and that other Frenchmen that came here that's taken the Grove... What's the name of that project that Ed Grafton is involved in, those French people with the Wurms Bank? Mr. Rodriguez: Grove Deco. Mayor Ferre: Grove Deco, that's about to get going. Mr. Rodriguez: But those have been reviewed. We have been working most of those projects with the applicants and they conform. Mayor Ferre: I'm not saying that they don't. I'm just saying that there is an explosion. It isn't that it's going to happen. It is happening. It is under way. I mean, the Grove, you know... I'm sorry, I kept telling Mrs.... Every time Margaret Stoneman Douglas comes here, I keep saying to her, "Marjory, it isn't that we don't want it to change. It's that there's nobody that is going to stop it. There's no way in this country where the free market functions that if the Wurms Bank of France comes here and says, "I want to put $80 million in this project" where something isn't going to get done. That's what's happening. I submit to you -I don't know what the result of this application is going to be. We cannot afford to wait six months and if you have to go out and hire outside people to help, we have to get this project. It is totally inexcusable for us to have -and I'm not blaming you- but for us to have waited two and a half al 111 April 18, 1985 It Ilk years until this thing hits and for us not to have that study. That study should have been finished two and a half years ago. Then we'd be in better condition to deal with these things. Now we have to do them by the seat of our pants because, I want to tell you something. Look at the vote on this, six to three. When that application came to us, Jack, in 1982 what did you say? Mr. Plummer: July Mr. Rodriguez: July 182. Mayor Ferre: July of 182, the Zoning Board had recommended denial, right? Jack, do you remember? Mr. Plummer: No, the board.... Mr. Rodriguez: No, the Zoning Board, sir, if I might follow the fact sheet. In June 21, 1982, the Zoning Board recommended approval. The Commission denied. Mayor Ferre: All right, I didn't mean to stop the proceedings. Counselor, I'm sorry. Mr. Kenneth Meyers: Mayor, members of the Commission, my name is Kenneth Meyers, 1428 Brickell Avenue, Miami, Florida. I am the attorney for the applicant as well as one of the equity interest owners in the project. At the outset, I did want to let the Commission know the Mayor already alluded to it, that after a two hour hearing at the Zoning Board level, in which the Planning Department F- presented all of their recommendations for denial, as Mr. t=' Whipple has just done, at which time, everyone in interest z. ' in the area was heard and after a two-hour hearing, the Zoning Board recommended approval of the project by a vote of six to three. Mayor, members of the Commission, we worked long and very hard to bring to you for approval a planned development mixed use which we believe is in direct keeping with what you and others have long said is the goal and dream for the ultimate development and destiny of 27th a' Avenue. As a matter of fact as background, g , you might be interested to know that in the Bayshore Drive study that was just completed by the Planning Department, that was brought vl into play in some recent planning and zoning decisions that . you made in the area our Planning Department in that .°- study said these very words. I'm going to quote, this is the Planning Department talking now with respects to 27th f7 Avenue. David, you might pass that out to the Commission that has that section of the Bayshore study in it. The sz Planning Department said this: "With the widening of 27th Avenue to a four lane boulevard and the economic decline of older apartment structures between Bird Avenue and Tigertail Avenue mounting pressure for F redevelopment along 27th Avenue, requires consideration of mixed use projects to stimulate renewal. Due to limited opportunities for multi family housing development y in Coconut Grove and M= ' the critical need to assure that as existing moderate cost rental apartments are lost they are replaced with smallerg affordable housing units. ;?..� It is recommended strongly the housing remain a priority use on 27th Avenue by linking housing to �` kr stronger office and commercial development „ opportunities. The likelihood of achieving affordable residential redevelopment is enhanced by retaining the RG-2/5 zoning, " -- - -'+` e which is the only piece of this that we do not concur with because we don't believe it has any relation to the real world as far as economic feasibility is concerned, and we'll talk about that in a minute. al 112 April 18, 1985 4 4 "....but encouraging the application of planned development mixed use projects. The existing housing is protected against wholesale conversion to office use and new projects can be guided to achieve desired mixes of office and retail uses with emphasis on housing." That is exactly what we are doing by this project. The only way that this Commission is going to preserve any type of residential development along 27th Avenue is to encourage the massing of larger land areas into a planned development mixed use over which you have supervision and control in the determination of what it will look like and whether it will be. That would combine the residential housing with commercial use. The only way that it's going to be economically feasible for developers to go forward and give the City the goal of some residential use is to combine it with planned development mixed use where they will lose on the residential because of the cost of the property and the building, but will make something on their commercial development. In effect, that is what we have done here% So by going a little higher than the sector 5 and allowing only a 25% increase over it, you are in effect giving this developer a bonus for putting in the residential provisions which you, yourselves say is some goal for retention along the 27th Avenue corridor. Before I give Robin Bosco, our architect, the mike so he can go through in detail and f explain to you this project and show you what we have done and why we believe that this is the ideal project for this unique corner in Coconut Grove, which is in reality one of the front doors to Coconut Grove. Let me briefly reiterate in a different way what the Mayor has said. We know now that the only main entrance into Coconut Grove is the Bayshore Drive corridor from downtown Miami. It's long been recognized that 27th Avenue is destined to be the additional major arterial highway corridor into Coconut Grove from Dixie Highway all the way in; and thus, should be developed as such with pedestrian malls on either side, with compatible use in the evenings and compatible planned development mixed use as the Planning Department has already recognized along that major highway. Things have already happened to assure that this is going to be the case, that you are going to have this as a major arterial highway into the Grove. 27th Avenue has already been approved by the state, the county, and you to be widened to 110 foot, major, k- four lane, arterial highway. Most of the right-of-ways have already been obtained to do that* You renamed, I think, this Highway Grapeland Boulevard. I think, respectfully, z you should have named -I thought that was a mistake- I think a you should have named it Coconut Grove Boulevard, but maybe you'll do that in the future. You have already assured by your reserved set back requirements that there will be a pedestrian mall walkway on either side of that highway regardless of what's built all the way from Dixie Highway into the Grove. You required those set backs already. Our project, by the way, instead of the required 16 feet that you have for that set back, we will have an approximately 26 ., feet, as Robin will show you, along 27th Avenue as a pedestrian mall before the building and about 50 feet at the Tigertail point. So we will provide that type of beautiful <; purpose that you have envisioned already for the destiny of 27th Avenue as the corridor front door into the Grove. I'd like to introduce Robin Bosco, who designed this project to go through it with you and to show you where we are with -' respect to locations in the area. Robin, rather than staying here, why don't you get up there. sl 113 April 18, 1985 Ift 14 Mr. Robin Bosco: Mayor and Commission, as Mr. Meyers has pointed out, the orientation of the project that we have, 27th Avenue is running through here. Tigertail is running through here. The mass you see here approximates the mass of the existing Grand Bay office structure and its proximity is pretty close to scale in terms of relationship of our project. Our project goes through to Lincoln, which is here and then behind us we have Darwin, that connects back up, so we're completing in this model almost the entire block that is affected by the project directly. What we have indicated again in the model is we have at the pedestrian level, running the entire three hundred and some foot of property frontage a two story arcade which from our property line is 26 foot to the commercial shops. If you take the existing, or what will be the existing six foot sidewalk that you'll have outside of the property, that gives us our continous 26 foot, two story arcade for the entire frontage of 27th Avenue. In addition, as Mr. Meyers has pointed out, we've elevated the office structure at the Tigertail intersection to open that up and to allow for cafes and what have you and pedestrian functions and increase that set back to in some areas over 50 foot from our property line. That commercial also continues and wraps around all the way through to our property line on Tigertail, giving the 15 foot set back and additionally, another five to ten foot of covered pedestrian areas, the commercial areas we have provided there. What we have on the ground plane fronting on 27th Avenue and wrapping around on the Tigertail then is approximately 10,000 square foot of pedestrian related commercial space. Above that commercial space, we have a four story office structure that encompasses 50,000 square feet of usable gross area. In the back and towards the rear of the F property we have an additional 20,000 square foot of residential area that is built on top of the parking plaza. All our ingress and egress to the property is through this point off Lincoln coming back on to 27th Avenue. All of our parking is subterranean underneath the structure accommodating approximately 175 automobiles. We have also provided for our off street loading, etc. on our access f. point. Mr. Meyers: It would be appropriate at this point in Robin's presentation to indicate to you that with respect to the Lincoln Avenue traffic ingress and egress into this project. We went to great pains to obtain a traffic study, copies of which we have passed out to you. The conclusion re of which show that there would be no a ppreciable impact on the neighborhood with the increased proposed traffic generated from the project. Let me just read briefly the summary of the independent traffic study that we did obtain, because we could not obtain one or there was not one available from the Planning Department, so we went out and +<> invested $3,500 and hired someone to do it for us for your + benefit for this hearing. If g. you turn to page 9, you will F see their summary and conclusions. They say this with respect to Lincoln. .: "A review of ingress and egress traffic generated b this site will have only one access y y point on Lincoln Avenue. Due to the percentage of distribution supplied by Dade and the PDMU study, it is felt that the traffic coming and going from FS . this site will have little or no impact on neighborhood residential minor roadways as S.W. -, 27th Avenue will serve as the primary feeder route to destination points. This will become even more `-1 evident as S.W. 27th Avenue is widened to the planned four lane facility. The overall traffic r generated will have very little impact to all areas in proximity to this site. The traffic now using Lincoln Avenue has such a low volume that al 114 April 18, 1985 the increase generated by this site will not cause any problem. The developer may, however, consider the possibilities of having a traffic signalization study performed at the intersection of S.W. 27th Avenue and Lincoln Avenue after completion and full occupancy of the building has been obtained to determine if signalization may be beneficial." In other words, what the traffic study entity said is that you can perhaps insist on a one way, right turn, left turn only into 27th Avenue to keep traffic out of the neighborhood. You could require any kind of signalization you wanted to control traffic coming out of there only into 27th Avenue and to assure that it would not come into the neighborhood. There's a lot of different alternatives for that. Either one way street, signalization saying left turn only on to 27th Avenue, blocking the street, whatever the residents may have as an input there would be interesting to note. -But the traffic study that we obtained from an independent entity indicated to us that it would be little impact of traffic on Lincoln. Mr. Bosco: In getting back to what we feel is the essence of the project and how we responded in dealing with the City, is the development of the pedestrian area and access along the entire periphery of our property, except our internal property line, the providing of a fence in cutting out of a mass to create a sense of space and not just have an entire facade that is the length of the building. Again, these things incur an expense and create hardships the developer works under to create the environment. What we've done at the same time is try to create the same thing in the residential block, meeting all the light plane set backs that the City has in the standard ordinances. Again, as a PDMU under the sector 6 that we're requesting this project aside from one set back situation that is standard for all of it, requires no variances within that and complies with all the criteria, matter of fact, is actually under. One of the statements Mr. Whipple made in his introduction was that we are at an F.A.R. of a 1.21. I believe we are actually at an F.A.R. of 1.12, where we could under the sector 6, but we're not asking to go to an F.A.R. of 1. 39. So the sector 6 is not to allow us to use it to the fullest, but allow us to develop this project in an manner that is economically feasible with the square footage of the mixture of residential to office to commercial that is intended by the City. If there are any questions, I'll be glad to go over any remarks you might have. Mr. Meyers: The project consists of a total of 80,000 square feet. 509000 is the office space, 10,000 is the commercial space, including a sidewalk cafe, a convenience store similar to what you may know as Scotties down the block on Bird but a little we hope to be designed maybe a little nicer than that, and neighborhood type of retail facilities that do not take car traffic of a travel agency, things like that that are appropriate to a neighborhood retail development inside a first floor of a commercial office building. The residential part is 20,000 square feet, bringing the total to the 80,000. If this was in sector 5 and was a PUD, we would have been allowed 61,405 feet anyway. We're asking for 799970, which is only about 25% above that. We're not going all the way to the maximum of sector 6, as it may have been implied or indicated. This is a planned unit development, not asking for a wide open rezoning to sector 6. It is only to be contracted for this specific -piece to add that little piece of additional square footage we need to give you your goal of having some residential, because if we didn't have that additional 20,000 square feet in there, we could not put in the sl 115 April 18, 1985 14 A residential. There's no way the project could be economically feasible, paying $135.00 a foot total considering building the building and the cost of the land. There's no way you can make residential pay with that type of ultimate cost to this project. The only way you're going to make it pay is to have a minimum of the 50,000 square feet and the 10,000 square feet for the office and commercial. That is just absolute, axiomatic, postulated truth, as far as developers experience and their actual experience in the community will go and will tell you. There's no way otherwise that you can assure some type of development in residential area there. Mr. Whipple also mentioned that we were too close to the residential unit already on there. There's a ten unit condominium in the back now. You'll see from the screen up there projected that out of the ten people in that condominium who got notices of this project, there's no objections from it. One, I think, if I'm not correct, is the green in favor? So one filed with you in favor and nobody in there that Mr. Whipple said was too close to us, no one filed any objections. We might also point out to you that you have received in your files 23 additional letters that do not come in time to be filed with the department from owners, residents, or occupiers in the neighborhood, all of whom have expressed in favor of the project. The one I see on the top here is William Judson, I guess he's our Miami Dolphin linebacker. I'm glad to see he's involved. There are other people here in the room, a good many of the people here in this room came here today to speak in favor of the project. We would simply ask if you have any questions at this point, any further details you would like to know of the project at this point or would you like to open it to the public hearing. Mayor Ferre: You got it. Thank you very much, counselor. Ladies in gentlemen from the neighborhood, how many of you are here as objectors to this? How many of you would like to speak this evening? You always have the right to speak if later on you change your mind, you have to say something, but I just want to kind of get a lay of the land here. We have four or five. All right, there are not that many then, speakers. Do any of you need more than three minutes? If you do, I'll be happy... do you need five minutes? Fine., why don't you come on up. I don't know how you are organized, if you are, but why don't you begin presenting your case. Mr. Meyers: Excuse me, Mayor, there are several here, five or six, I think that are here in favor of the project and they want to speak. Mayor Ferre: We'll give them a chance too. Mr. Meyers: I understand. Mr. Rodriguez: Mr. Mayor, may I refer to some of the comments made by Mr. Meyers, because I am concerned... he has referred to a traffic study that we haven't received yet and have not reviewed either. There are changes in the proposal that we have not been made aware of until this afternoon at 1:00 o'clock when they brought the model. So we don't know exactly what we're talking about specifically, whether the changes are substantive or note I would like also to mention that this is somewhat different than it was approved before, I think, when it went to the Zoning Board. There is somewhat of an improvement visually at least, but we don't know exactly what we're dealing with. In addition to that, Mr. Meyers was quoting properly from our study in relation to the Bayshore Drive study in the sense that yes, we recommended a PDMU, mixed use development and he also was sl 116 April 18, 1985 right when he mentioned that we recommended keeping the sector five at this point. Mr. Meyers: In terms of the references made to the changes, this model that you see cakes no variation whatsoever from the zoning envelope that has been filed with the City and they processed. The one change was a change in response to the neighbors and to the comment about the front elevation, that is merely a decorative change, not affecting floor area set backs or anything of any substance. Mayor Ferre: Thank you. Mr. Steven Cooke Yarborough: Mr. Mayor and Commissioners, I'm Steven Cooke Yarborough. I live at 3555 Crystal Court in the North Grove. I'm a civil engineer. To borrow a phrase from a much more experienced public speaker, here I go again trying to obtain the support of you gentlemen in saving the Grove from developeritis that is rampant, terminal, and like Aids, it presently appears without an effective vaccine. In fact, it often appears that the Commission is helping it spread rather than controlling it for the public's and not the developer's good. Also failing to apply and enforce regulations already on the books, in other words, the zoning regulations. I have addressed to you before concerning the difficulties you must have in reacting, reaching well informed decisions when material submitted to you is incorrect, insufficient, or otherwise deficient. This application is in the case in point. Under section 510.2.3 of the zoning text, it states a preliminary plan for PD districts. Must among other things, it shows �. the scale of the drawings. It therefore implies that these FF should be the scale. Now you heard reference here to the f Zoning Board having in fact approved this project. I think it was 6 to 3. They were shown drawings, which I have in my hand here and the scale is given NTS, which means not to ` scale. Now this is fine. You can draw something up not to scale and make it look like a beautiful project. It has all the space in the world. But it is not to scale; it can give you a very confusing impression. These drawings here are to scale below ground level and not to scale above ground level, so the building doesn't look like it's so high. The people used in the illustrations, which are stick on people, _ are out of scale. So it looks like there's a lot more space that there actually is. You know, you get two people and a dog standing on a balcony, which is in fact four feet wide, but it looks like it's about six feet wide. This is very difficult for people who are not professionals to make a •" judgment when information is given you in that form. :. Another point that I'd just like to bring up on that, is I think Mr. Meyers has just said that the commercial and office use is 60,000 square feet. Is that correct, Mr. Meyers? Mr. Meyers: 50,000 for the office; 109000 commercial. Mr. Yarborough: 50,000 for the office and the commercial, but the total is sixty. Mr, Meyers: Correct. -` Mr. Yarborough: On this residential use is twenty, which '.... ` '' adds up to eighty. Now in these drawings here upon which was given to the Zoning Board and upon which presumably these figures are being computed. I haven't recomputed them myself, r y , the second, third, fourth residential levels are all the same. The have the in plan jog at the entrance; they do not have the other step backs that your model now shows. Something must be wrong with the square footage, because they've taken away parts of those three floors. So sl 117 April 18, 1985 04 A ?P,•z,J that information is incorrect. The architect took care to Point out to you the effect of massing. The box in the background is the Grove Plaza, Grand Bay Office Building. He forgot to point out that on this side of Lincoln you have three story townhouses, and on that side of what's that one that goes down there?- you have one and two story, single family houses, Darwin, that's Darwin. So while you're showing the scale there that indicates that it's in scale with that, it's out of scale with the rest. Do you see? Again, you got part of the information given to you. Similarly, on this there's all sorts of trees shown. Some of them are on other people's properties; some of them are too big to go on the three foot space; they're being planted, in fact they have been left out of the model, I'm glad to see. Now there's one particular technical point that I would like to bring up and then I'll leave it to some of my neighbors to bring up some of the others. That is under section 502.1 of the zoning text it states the PD districts should be located with respect to arterial and collector streets as to provide direct access to and from such districts without creating traffic. It doesn't say significant, without creating traffic along minor streets in residential neighborhoods outside the district. Now the district you are being asked to produce stops... the district you are being asked to approve stops at the boundary of that block. They're talking about enforcing or hoping to enforce regulating traffic going in and out of that building, and not allowing people or even blocking the street. That would be purely for the benefit of the owners of that building and to the detriment of the other people who live around the neighborhood. Lincoln Avenue only has a right-of-way of 50 feet, of which 20 is on the west side and 30 on the east side. By the time you have the sidewalks and things shown there, it leaves you only one twelve foot lane going along that side. There are 174 parking spaces in that building, all exiting and entering on a minor street, which is strictly against the principles laid down in section 502. I don't care about traffic studies. We have a statement in your zoning text that says this is not permitted. Why should we now permit it for the benefit of this developer? Thank you gentlemen. Mayor Ferre: Do you want to go one by one? Usually when we do these things, counselor, we let all the opponents have the ability to present their case together. You can take notes and then, if you want, we can rebut them or we can ask questions or we'll have the same opportunity on this side to do the same thing, once you're finished. Mr. Paul Collins: Thank you, Mayor, my name is Paul Collins. I live at 2232 Lincoln Avenue. I am here in opposition to this proposal or any proposal in this particular area that will increase the density that is already here. Mayor, I agree with you, it's an explosion that is going on in Coconut Grove. It's obvious why the money is attracted here. A man invests in a piece of property, in fact, the last fight we had about this, the guy hadn't even invested in the property. He'd taken an option on it. Mr. Meyers, do they own this property or do they have an option on it? Mr. Meyers: We've announced publicly in our application that I have an option. I and the other interest holders, through me, have an option on all five pieces. Mr. Collins: So what we really have, then, is not an owner. We have a gambler. Mr. Meyers: On the owners, we have indicated all owners who have, who own this particular small lots or parcels, which sl 118 April 18, 1985 we have amassed together for this project. They're in the application. Mr. Collins: If what we're doing is averaging our investment, if we can come down here and take a two five and get increased to a two six, then naturally the value of our property is going to go up. Also the value of all the property around it is going to go up, so people are going to pay more for the property next to it and the property over there on the other end, they're going to pay more for it because they have a pretty comfortable feeling they can come down here and get the zoning changed. Now you're under pressure to change the zoning, because these people have so much money invested in here, they cannot build a profitable development on that piece of property at this zoning. I think we need to step back and lick a larger view of what our intent is here in the City of Miami to do with this section of Coconut Grove. Is it truly the intent of this City Commission to rezone this area eventually so this becomes one large major business center? It is ideally suited for it. It is already surrounded with other buildings to feed it. It's already got major arterial entrances and exits to it. If it is your intention to change this whole area into a business district, then I would appreciate it if you'd announce it and announce it now. However, if it's your intention to follow the law, if it is your intention to protect the citizens of this City of Miami, if it is your intention to protect us homeowners who have far more of our basis than these people, then I think it behooves to say, "I'am sorry you paid too much money for the property, but it is already zoned. You've already given a special by God protection area over here that will ever be changed. It's there especially to protect the residents in this area. We will not change that. . We will allow these people to do something creative with that, build something nice, build something that is progressive, but don't destroy the residents. What's going to happen when you... Wait a minute. You have already spotted one end of Aviation Avenue. You have already changed the zoning on Aviation Avenue. You want to change the zoning here as soon as you put one on each end what's going to happen? That whole area is going to go. You can't in anyway deny anybody along that avenue application for larger zoning once you go one. So, it behooves you to state today when you vote, we want this whole area business. State it publicly and let's take it to the whole public. Let's hit the whole Coconut Grove area down here to tell you "No, we don't want that. We want to retain that as a residence". And "yes" do some planned development on 27th Avenue. You can't deny that. That is a corridor that needs to be developed. That needs to be taken care of. But you are chipping away at it a piece at a time and the whole thing is going to go. Thank you. Mayor Ferre: Mr. Collins, let me... you are very articulate and I think you expressed it very clearly. I think... I want to... I'm going to ask the Clerk to go back and give me a copy of the statement that I made two and a half years ago when we denied Mr. Rosenberg his application for an office building, because basically, what I remember I said two and a half years ago is that this was going to occur. You see, I happen to believe and I'm one of those people who think and there is one statement that you made that I disagree with you on. These developers can go get land as cheap if not cheaper in Little Havana or Flagami or Liberty City, but they are not doing that and they are not building that. So, the reason they are coming here is not because they can get cheap land and get it rezoned. That's a given all over Florida with a few exception, Boca Raton and a few other places. The reason they are coming here is because somebody is willing to lend them money to do that. See, the people sl 119 April 18, 1985 that are going to develop that building or that building over there didn't do it with their money. They did it with Equitable Life Insurance Company or Prudential or Med's money or the Bank of Atlanta or whatever. They are getting.. banks and companies are lending money to build these buildings. The reason they can build that building is because somebody is willing to lend them the money to build it and the reason they are willing to lend them the money to build it is because they know that this is a good property and that there is value and there is need and there would be a financial success. That's why they are getting the money. If they were to take that same building and say we are going to put it out in Flagami. They wouldn't get the money to do that. And therefore, the developer wouldn't invest his own money to do that in a place where the lender wouldn't lend. So, what determines that building is not the fact that he can buy land and rezone it, but the fact that he can borrow the money to do it. And giving that, whether it be along Coral Way or Brickell Avenue or the Omni, you are going to get that happening. Now, we have a President who when he came in said we are going to deregulate everything. We are going to deregulate gas. We are going to deregulate gasoline. We are going to deregulate airplanes and everybody said you are crazy. It doesn't make any sense. That's ridiculous. It won't work. Well, I got to tell you I am a convinced and firm Democrat and I want to tell you something, I can't explain it, but this deregulation thing seems to be working. Now, let me tell you what I think it is. Just because I'm a Democrat doesn't mean I don't believe in the free enterprise system. What I think determines these things is a free economy and a free Country where the market place is the determining factor. The reason this is happening is because somebody thinks that this will be successful and the market place is what determines these things. Not zoning, no, no. Really it isn't zoning and it isn't a Commission's decision. Whether it is this Commission or Metropolitan Dade County or Miami Beach or whatever. It's because somebody says well, because the waterfront is beautiful in Miami. It's just as beautiful in Miami Beach and nothing has happened there in the last ten years. Mr. Collins: Why not? Because they destroyed the ambiance twenty years ago. They destroyed what was Miami Beach. Mayor Ferre: No, sir. Mr. Collins: Yes, sir. Mayor Ferre: No, sir. - Mr. Collins: Yes, sir. You walk down Collins now and see what you look at. Mayor Ferre: No, sir. The reason why Miami Beach is going down the drain is because the developers in Miami Beach when they went to present these projects, these projects were �. turn down by the City Commission of yester. year. You know why, because they wanted to do a multi -billion dollar super, _. super, super plan and you know what. It never happened and in the meantime nothing was built in Miami Beach. So when _„ they Mariel refugees got here the free economy worked again. Where did they go? Where they could get the cheapest rent. Where was that? Miami Beach, Why? Because the people that have lived there were older people who were beginning to Y.: ?' move out. Oki Nothing was happening and that's what occurred. Now, what's happening here in Coconut Grove is just the reverse. People want to move into Coconut Grove and in free economy in the market place somebody is going to buy this property and get that architect and get that lawyer sl 120 April 18, 1985 5-.'c. � 4 4.:jw X-+Y. �.:.''.S . .. ri,.r... t. �... .. ....1.. .;is1 .':Y.i�MYl._ .rx, s...sCi"r.d.i.au i` A µ j T ]Y7 `r q'S. "• or another combination and get another lender to lend them the money and they are going to come here and may be Rosenberg didn't make it and may be they won't make it, but I'm going to tell you something, sooner or later somebody is going to make it with that property. Mr. Collins: I don't deny that. Then we can sit here... In fact, I think you and I ought to take this discussion off line, because I disagree with you. You are twenty years late on where the problem lie. We are at Miami Beach in 1940's. 1940's is when the problem started in the Beach. Not the 60's. And the second part that I disagree with you on is the fact that the zoning process isn't part of it. This whole escalation. This whole betting your life on money depends upon the cooperation of the City Commission. I was surprised that you would ever turn anything down. In the two years I have been coming here you have approved everything that's going on in the Grove. Thank you. Ms. Thelma Alchauer: Hi, I'm Thelma Alchauer and I'm the President of the Tigertail Association. I live at 3100 Jefferson and I teach philosophy a Miami Dade Community College and I'm delighted to be part of a philosophical dialogue. I think it's fantastic, because for the first time I'm hearing principles discussed and I think it's very exciting and I'd like to consider what would happen if you had a total free market basis for building everything. I think you may as well get rid of these people over here in the Planning Department. What are they planning and for whom? You know, I mean, I don't recommend that because I think they are very professional people, but you do have to consider... I think there are three major elements here. One of them is government and you represent government. And one of them is the private single family resident which I represent and then you have the effort to put up a large number and while that is private property, I don't think the two kinds of private property are the same. I think we are private property, but we depend upon the planning and the foresight of people who aren't going to protect us. In the mass we represent several thousand people who live nearby. As to the specifies of this project. I am hearing it said that increased density is going to be allowed in order to provide residential in that building. In order to achieve sixteen apartments, seven single family houses have to be knocked down. You now have nine families or bachelors because they are really small apartments being allowed to move into a place with the result that major impact is occurring with all this extra park. A hundred seventy-four parking spaces and the increase in density no matter how they may argue it from .75 to .12 where we are not doing as much as we can. I really would like to see a plan followed. I would like very much to see a plan followed and when the Bayshore plan is quoted up to a certain point, that's interesting. But if it says 2.5 why not leave it 2.5 It seems to me that what's being proposed is not really for the benefit of the people who live in the area. It does not protect the residences which are nearby and I think it makes a substantial increase in the amount of traffic. I would just like you to go back one more time to the philosophical discussion that you just had with Paul Collins and try to envision unstemmed building which makes the lending institutions the prime arbiters of what goes on in the Grove and is it possible for them to make a mistake. I do think Miami Beach is a very good example of too, much. Some of those people surely must have thought that they had foresight too and yet we do know what has happened to the Ocean front over there. Just look back on history and say at this point somebody made a tiistake and let's see if we can't modify. You know, keep the free enterprise system going, but we are part of it too and I just think that you sl 121 April 18, 1985 have say somebody has to plan, because otherwise, we are going to choke and then all the lending institution have to do is going on and find something place, but it's your job to keep the City of Miami as beautiful as we would all like to see it. Mayor Ferrer Let me just briefly since we are having a little bit of a dialogue here as we go along. Let me... Ms. Thelma Alchauer: It's very meeting tonight, I think. Yes, Mayor Ferre: If you came tomorrow you would be surprised. This goes on a lot around here may be a little bit too much. Let me tell. Have you ever been to Houston? Ms, Thelma Alchauer: Yes. Mayor Ferre: Do you like Houston? Ms. Thelma Alchauer: No. Mayor Ferre: I do. Ms. Thelma Alchauer: I had a cab driver who couldn't find the place I was going. It looked to me as though it was a place with a lot of strangers in it, you know. Mayor Ferre: I think Houston is one of the great exciting cities in America. I love it. I love the theatre that they k built there. Ms. Thelma Alchauer: I went to the theatre. That was nice. Mayor Ferre: And the buildings that they have done. Probably some of the best architects in America is going on... has gone on. Pen Oil Center and all that. Great city. I don't like to Astrodome, but the other things Houston has done first class. No zoning. None. The economy determines what happens in Houston. :aY Ms. Thelma: It's a kind of faith. It's really a faith. Mayor Ferre: Yes, but let me tell you something and this is the last comment I want to make on this. I had a very interesting experience. I belong to a group called the "Young Presidents Organization ", YPO, and we in a group we took a trip, young American business people, presidents of their organizations. We went to the Soviet Union and they had invited... This is 1970. They invited me to spend two ,.` or three days since I was a Commissioner on the City of Miami Commission in looking at their planning process and at the end of the second day, the chief planner of Moscow came �r in. He sat down, you know... very impressive. All these plans and he said "You know", he said "we got a terrible problem". He says "we can't control these damn ukraines". '= They keep coming in here and I... So, I asked him, I said =s... "in a controlled economy one of the most oppressive countries in the history of mankind, the Soviet Union. The most absolutely oppressive system in the history of mankind and if the head planner in Moscow says that their biggest problem is they could not control the growth of Moscow because the ukraines kept coming in... wondering in. This is a place for you to travel you got to have a passport in Russia, inside• For you to get to work you got to have a work permit and yet they can't control it. So, I submit to you... It occurred to me in 1970 that if they can't control the growth and the planning in Moscow, believe me there is no way you can do it in New York City. sl 122 April 189 1985 Ms. Thelma Alchauer:: No, I don't approve of what they are doing. I'm just wondering why we having any of these plans. You know, we had the big discussion that went on for several months about SPI-17 replacing SPI-3. We talk about Tigertail... Mayor Ferre: We follow them. Not always. Ms. Thelma Alchauer: Tigertail is supposed to be a buffer. You are supposed to put up so much property before you can have parking spaces over in back of Bayshore. Before they even started the plan you had people coming in and chipping away at that. So. I'm naive. I don't know, if you tell me there is a plan then let them try to make the plan work. You know. Mayor Ferre: Yes, but see, those plans are not chiseled in stone and the... Ms. Thelma Alchauer: They are not even chiseled in air from what I can see, you know. Mayor Ferre: Well, I will tell you they are not... for sure they are not chiseled in stone and what occurs is these things. We take them up on an individual basis and to Mr. Collins, if you will look at the record while... when Jack Luft was dealing with Coconut Grove that I remember, we turn down four or five of these things in a row, but at that time we said "you better start thinking what's going to happen, because there will be a time where it's going to... it going to... Ms. Thelma Alchauer: I think my time is up, but clearly something is going to happen on that corner. I just think that what happens on that corner should be smaller. I think that's my basic objection. Ok. Mr. Kim Porter: I'm Kim Porter. I live at 2538 Lincoln ` Avenue. I would like to piggy back on what Thelma and Paul have said and ask the question again, what is the justification of the change of zoning? Unless it's one basic thing and that's to create more density. All the plans call for mixed use to stimulate some type of renewal. All of the plans recommend very strongly that there be housing, there be an emphasis on housing. I think if we look at this plan what we have is just enough housing to bait us into the plan and that when we look at the type of housing it's going to be very difficult to rent. It's very ram. small and I think if we combined both of those together that what we would end up with probably is housing that cannot be "'. rented and because it can't rented, it will then be leased out in some type of commercial or business venture and so instead of it being seventy-five per cent on the commercial side and the business side and twenty-five per cent housing it would grow into closer to a hundred per cent housing. We have already stated at one of twenty-seventh near U. S. 1 that we have a precedent set and I think we are setting a precedent now at the other end beginning at Tigertail, not going all the way to Bayshore. Tonight I think we have an opportunity to set that precedent and leave it at the zoning that it is and not grant it the extra. Thank you. Mayor Ferre: All right, next speaker. i` Mr. Ron Cold: My name is Ron Cold. I live at 2542 Lincoln Avenue. It's a little bit beyond the circle on the map, but not beyond the circle of doom that's indicated by these increasing developments that are coming into our neighborhood. I'm opposed to this project as it represents a massive intrusion into the existing stable neighborhood. gl 123 April 18, 1985 :.r I have spoken to you before on these principles. I won't belabor that► I would like to respond just a little bit to this elevated philosophical discussion. Mr. Mayor, I think you have given us a perceptive analysis of market values, but in my opinion a little bit lesser understanding of the property role local government as a custodian of the public interest and I think the very fact that we have zoning regulations and that we have different classes of zoning and that we have a Commission that can regulate that shows that regulation is still alive and is needed in many areas. I should like to further submit that an axiomatic postulating truth or whatever it was Mr. Meyers was talking about for developers economic benefit is not the ultimate standard by which we should judge the merits of a proposal for a zoning application. I think we need to go beyond that and think about the existing neighborhood which covers a large area, which I have spoken about before. Just a specific comment about Mr. Meyer's traffic study and I don't know Mr. Meyer's if that study was based on a compilation of reports, but if you come out in front of my house which is on the corner of Aviation and Lincoln you would see the traffic presently flows both ways on Lincoln Avenue. It does not just come in 27th Avenue which will be the future grand entrance to Coconut Grove, but it currently flows toward 27th Avenue on Lincoln and there are two main corridors for that. U.S. 1 coming up 22nd, then Lincoln and then to Tigertail and if your development is as attractive as I know you want it to be it will be a further magnet for more traffic. So, I think this will exacerbate the problem and when we have any kind of little traffic disturbance now Lincoln Avenue becomes virtually a limited access expressway because there are no stop signs between 22nd Avenue and Aviation. So, I think the traffic problems will be much greater than you have indicated. Thank you. Mayor Ferre: Ok. Any other speakers? All right. Mr. Jim McMaster: My name is Jim McMaster. I live at 2940 Southwest 30th Court. Joanne Holshouser the President of the Grove Civic Club who is out of town wanted me to put it on the record that the Coconut Grove Civic Club which represent several hundred members is opposed to this petition. I have a piece of paper here in my hand and it's been discussed before today at the Bayshore Development study and it listed some very clear guidelines in here about what the Planning Department foresaw for 27th Avenue and when we went through this a couple of months ago, all of the sudden the Planning Department yanked it out, because we had to get the Bayshore study through to protect Bayshore Drive because of Terrimark. This was yanked out, but it's here on paper and Mr. Meyers would like you to believe that all they have are a couple of small changes* Well, all they want to do is take away the SPI-3, take away the high limit from forty feet to sixty-six feet. This study here suggest residential fifty/fifty or sixty/forty. His residential is minuscule just thrown on the back as a bait to jump at this. Yes, well, most of the residents here agree. We have to have mixed use on 27th Avenue. The question is the density and how much mixed use and I think we have discussed Houston and we have discussed Paris. We have discussed New York at previous meetings and Miami Beach. I just think we have to look at Miami. I mean for years I heard Mayor Ferre's vision of a world class city and I don't have to live here. I came from New York and I have lived in Virginia. I like Miami. I want to live in Miami. Most of my co-worker are Hispanics. I like Hispanics. I want to stay here, but I think we have to retain some of the tropical feeling. Some of the ambiance is thrown around a lot. I just that think there is more to a city than having a City that looks like the Bronx. I mean buildings are fine. I know we need the gl 124 April 18, 1985 T �s� ✓R ..n-. � 4Z+e5 H 9' b j!h-!'I1�.v �t J' ..� uii tax base. That's the..* you know, we have to have taxes to fund the rest of the City, but I don't see destroying Coconut Grove which is vital for this City, you know, in order to get some extra tax dollars. i understand the need for taxes, but I think there also is a value in Coconut Grove and we need to limit the density here to what the Planning Department suggested. Yes, you say, well we need a plan. We have needed a plan for years, but now you just said "well, plans are changed all the time. I think Houston has covenants that are so restrictive that you could never build a building like this in Houston. They have covenants for every square foot of that city. They don't have zoning. They have covenants which can't be changed and the zoning here shouldn't be changed as frequently as it is. Thank you. Mayor Ferre: Mr. McMaster, you make a cogent argument as usual. Let me say that I don't think anybody on this Commission or any Commission that I have ever served on in Miami has ever wanted to have this or any other part of Miami look like the Bronx. I don't think... I have never heard anybody say we want us to look like the Bronx. I might point something out about these concrete monsters on Miami Beach. The concrete monster, if what you are referring to is the Fountainbleau Hotel and the Imperial and the Crystal and all these other concrete monsters along that part of the beach, that's the most viable part of Miami Beach. That's a hundred per cent full. That is economically successful. That's what's kept Miami Beach alive. If it weren't for those buildings, including the Fountainbleau Hotel, Miami Beach would really be in trouble. Those are the tax bases that keeps that city economically afloat. Thank God that somebody permitted those things there. Now, it would be a monstrosity if everything were built like that and I don't think that that would ever j: happen, because things never happen quite that way. But I must say that we will be dealing with this issue on this and many other similar votes and the point is that, yes, neighborhoods do have an essential value and there are many neighborhoods that do and will retain their character. However, when there is an economic viability and desirability along major commercial routes and 27th Avenue is a major commercial route and it is in my opinion the main entry way and I think the name of that future building Grovegate is amply named. That's what it is. Grovegate. A: That's going to be... That's the gate way into Coconut Grove. It is my opinion that whether it be this project or another project or the one next door, this is going to be the inevitable development of Northwest 27th Avenue. I haven't... and to Mr. Collins, this is not the first time I have said this. I have been saying this for the last five years. .=* Mr. McMaster: Well, I agree with you, but I would just hope the density is just too much. You can't have this density and not affect the neighborhoods around it and I think my other really major concern is if you are going to have high :. density why do we have more residential. These buildings :_. should not be more than forty/sixty, fifty/fifty. It's an ;.. office building. They tacked some apartments on it. Thank —_: you. '.` Mayor Ferre: Yes. We have another public speaker, I think. Mr. John Davrich: I'm John Davrich. I'm an interior designer. I own Davrich Interiors. We do nothing but —.. hotels all over the Country. So, I think we know a little bit about design. I own a townhouse in #7 on the corner of �.; Center and Shipping and I bought townhouse about seven or eight years ago and I felt that being a creative person this "y4 gl 125 April 18, 1985 _ 41ia i 0*4 is going to be a townhouse area, an are that would be attractive. I also own an apartment in the highrise kitty corner for this. Which this building will not affect my view. I can't believe there aren't people from the building here though, because half the people in the building that see Downtown now will not have any view and I'm amazed they are not here. They must not have been notified. I don't think the people in Tigertail Bay were notified. My only thing is, obviously, I would like the area to grow. I don't live there. I live in South Grove. I would like to see it grow and the properties become worth more. I just think this building first of all doesn't really have any charm about it. It's a very... it's just too contemporary for what we have tried to create in Coconut Grove and I think that other people have tried to do something that would give charm and I don't see where this has any charm to it whatsoever. It's also, I think too large and too big for the area and I think the reason we have architects and interior designers living in Coconut Grove is because of the charm and I just... I don't see where this is fitting into that at all. Thank you. Mayor Ferre: Are there any other public speakers at this time? Any other public speakers? Yes, sir. Feel free to make a short statement if you want to. Come up and say it on the microphone, but quickly. Mr. Steven Cook Yarborough: My name is Steven Cook Yarborough. I'm already on the record. I think Mr. Meyers made one point in which he said that all they are asking for to go from an RG-2/5 to and RG-2/6 was so that they could put some housing in there. He said without that we wouldn't have any housing. He is implying that without that we get all office, but this is an RG neighborhood. This isn't an RO neighborhood. So, how could he put all office in there if we forced him to stay with the RG-2/5? Thank you. Mayor Ferre: Go ahead. Mr Meyers: Mayor and members of the Commission, we want to tell you that we deeply appreciate the comments of the neighbors and we are not insensitized to them. We understand their concern along this major 27th A matter of is that neither the Mayor as you have coc the development of 27th I into Coconut Grove. The These people, the major they would like to see Avenue multi -family or indicated that they want get new residences along massing of nrooerty like 3 about growing plan developments venue corridor. The fact of the they nor I nor probably anyone as ,mented is going to stop eventually venue as a major corridor entrance ,e will never be residences there. thrust of their argument is that forever all residences along 27th whatever. Well, they seem to costly residences. They will never ?7th Avenue unless you encourage by ;his and not do it oieee meal where you can't control it in smaller parcels unless you encourage the combination developments that this is. Otherwise, you will never get new developments. We have some speakers that will point out to you when the last residence, when the last new residence was built along 27th Avenue. You know, I appreciate Mr. Paul Collin's comments. He lives at 2200 Lincoln% Except for the fact that he depreciated minimized and belittled my interest in the property as having just options interest in the property as if that's such a terrible evil. I don't know of anything more common place than to come before a governmental body and ask for a particular type of developmental use for a property because you have an option to purchase the property. It is done and I don't know how many thousands of occasions not as an exception, but as a rule. Mr. Collins by the way lives if you put it in relation to this model, he lives about right here..(COMMENTS INAUDIBLE)...(not using microphone) gl 126 April 18, 1985 Mayor Fevre: But Senator' that's not... Mr. Meyers: ...(COMMENT INAUDIBLE)... resent personally, that I have such a small interest in this property. Mayor Ferre: He is not interested in that. He has a... his position... Mr. Meyers: He has a right. Mayor Ferre: That's right. Mr. Meyers: He has a right and I am not depreciating that right, but at the same time I ask him to appreciate my interest in developing the piece of property in which I have an interest in the way that I think is amiable to 27th Avenue. Mayor Ferre: Yes, but he has the right to his opinion. He is a resident and he is not interested in value appreciation. He is interested in living in that neighborhood in tranquillity. So, you know... Mr. Meyers: I understand. He did comment though on how much he had invested in his house and I don't want to get into a colloquy with Mr. Collins, because I am sensitized to how he feels. All I am saying is I do not believe that our development along 27th Avenue should concern him with regard to the investment in his house. Mr. Yarborough, the engineer mentioned at great length some comments about our project. The facade, the height comparisons with other around and some comments about the... and some other comments were made also about the sizes of the apartments. We want to bring to Commission's attention something I'm sure you already know. This is a concept plan. The very earliest stages of a plan development. The Planning Department isn't knocked out of this process from here on. The Planning Department has a tremendous input in saying from this point on as final design plans are made for this project if approved. So, they will constantly have their input along the way, included in that is the suggestion... (COMMENT INAUDIBLE).(Not using the microphone).. If it became feasible with the same mass and space that we have allocated the twenty thousand square feet to residences, we could make the units larger and instead of twenty-one units we could have sixteen. We are not wed to any precise inside plan. This is simply an approval of a design concept. Mayor Ferre: Senator. Mr. Yes, sir. All right. Mayor, since you want us to speed it up. I will save my closing three minutes and have these other speakers who wish to speak in favor of the project. Mayor Ferre: All right, let's hear the other proponents if they would make their statements quickly. Mr. Dale Mobley: Dale Mobley, 3300 Rice Street, Mr. Mayor and Commissioners, real quickly. My family has owned two of these lots since 1950. Things have changed in the Grove and in Dade and South Florida substantially. I would offer to you that, number one, all the owners and the third owner, Mr. Welch is here tonight. We are presently paying property taxes on• a land assessment value of thirty dollars, in excess of thirty dollars a square foot which if my map is correct is a million dollars an acre. I don't think you are going to find anyone who is going to build a sixty/forty or gl 127 April 180 1985 even fifty/fifty foot residential units on land that is valued. That's not my value. That's not Mr. Meyers purchase value. That is the bade County tax assessor's value. I would like you to keep that in mind. I would like you to keep in mind that this project will remove ten units which several are framed, some are CBS, all are at least thirty years old. These units are very small they were built before we even had such reasonable amenities as air conditioning. You will be getting more new units and you will be getting rental residential units. I do not believe that there has been a new rental residential project built on Southwest 27th Avenue in the past twenty years. Someone wants to contradict me I will offer that. The only other thing I would also mention is that by placing these units to the rear they will be insulated from a lot of the traffic problems generated by 27th Avenue which is something that makes it an undesirable residential area at the present time do to a large amount of traffic and that's all I have to say. Thank you. Oh, I would point out that my father lives on Tigertail and has lived there in your neighborhood Mr. Mayor and Mr. Carollo, Mr. Plummer and Mr. Eads. We have live there a long time and we are not insensitive to the traffic problems in Coconut Grove or the growth and development, We have to live with the same things that everybody else does around here. Thank you. Mayor Ferre: You forgot Mr. Odio. Mr. Mobley: Oh, yes, on Micanopy. Mayor Ferre: We are all interested parties. All right, are there any other speakers? Mr. Anthony G. Marina: I'm Anthony G. Marina, 3125 Mary Street. I'm the President of the Grove Gate Way Association, which as you recall we introduced to the Commission sometime in December and we came together to try to improve 27th Avenue, because as... We represent I would say right now about fifty to sixty per cent of the property owners on 27th Avenue. We don't own property on a beautiful street. We own property in a relatively derelict street right now which is starting through our efforts and through efforts of other people and so on to become better looking•. However, there is a lot of members here from the association and I don't want to take their time. I just wanted to bring up a point. There is a little bit of confusion here as to a change of zoning. Ok. The only two blocks that are zoned RG remaining on 27th Avenue and I'm just going to speak from Dixie Highway to South Bayshore are the two blocks that go from Tigertail and I'm on the West side. You go from Tigertail, you go to Shipping and the next block over is Bird Avenue. Those are the only two blocks left that have the RG-2 designation. These people have asked for a change of sector from a five to six. They are not changing the zoning and the reason they are doing this is that across the street from them the property is zoned RO-3/6. These people can build exclusively offices and the people North of Bird Avenue can build exclusively offices also. These two blocks for no particular reason that we do not know and nobody has ever been able to explain to us why because there is no beauty involved here. There is nothing of particular historical nature. There is only two blocks that have the RG designation on all of this area of 27th Avenue and they are telling the people if you want to develop you will have to build mixed use. Well, nobody wants to build housing. Housing as you know is surplus right now in Coconut Grove. So, in order for them to get about the same amount of office and commercial space as their neighbors to the North and even less than their neighbors to the South they have to divide seventy-five per cent for offices and twenty-five per gl 128 April 18, 1985 cent for residential and that really taxes the property. I submit to you that the best solution here is if you don't want to make the properties dense why discriminate in these two blocks and make them have residential mixed in with offices. Make it all even. Make it all the same. There is only two blocks that are left. I believe from a study that we made that the only two residential blocks left in the City of Miami on 27th Avenue are these two, Somebody pointed out that from 54th Street to South Bayshore these are the only two blocks that have RG designation. Thank you. Mayor Ferre: Next. Mr. Jose Rosaro: My name is Jose Rosaro and I represent the owners at 27th Avenue and South Dixie Highway, Grovegate. I would just like to agree with the fact that 27th Avenue is becoming a major entrance way to Coconut Grove and it's destined to be a commercial street and this project I think conforms with that. As a matter of fact, I agree also with Mr. Marina that I don't think that residential really has a place here. This is becoming a professional area and I think it's destined to become so by the market forces. We are in agreement with this project. Mayor Ferre: Any other speakers? If not do the opponents want to rebut anything that Senator Meyers said? Senator Meyers, you got anything else you want to add? Well, then is there a motion to close the public hearing? Mr. Plummer: So, move. Mayor Ferre: Is there a second? Further discussion. Cali the roll on closing the public hearing. THEREUPON THE FOREGOING MOTION to close the public hearing was moved by Commissioner Plummer and seconded by Vice -Mayor Carollo was passed by a unanimous vote. Mayor Ferre: Questions from the Commission. Mr. Plummer: Mr. Mayor, I have two questions. Before when this site came before us I voted I think as I recall to change the zoning. I was in the losing side. My criteria at the time was to eliminate... I thought anything was better y'`Y= than the filling station that existed there at the time. It's now come to my attention that at the Zoning Board �.' hearing some genius suggested that the fill-in station be reinstated into this building. Now, did I hear wrong? Sergio? Or a service station. Mr. Rodriguez: No, the Zoning Board didn't recommend that. x Mr. Plummer: Well, did somebody of the department recommend it? Mr. Rodriguez: We discussed it for a while and then the final recommendation from the de department... p Mr. Plummer: Oh, come on now, don't play word games with me. wr -f 4' Mr. Rodriguez: No, at the end it didn't recommend it. We said that a gas station might be ok, but not..# there was no � Yv requirement for a service station, full service station there. Mr. Plummer: But you all did at one time recommend it? gl 129 April 18, 1985 Mr. Rodriguez: At one point we did talk about it. Yes. You wanted the truth. I gave you the truth* Mr. Plummer: Thank you, sir. Let me tell you my greatest area of concern. Still remains and I'm amazed that I didn't hear more conversation as to the traffic impact on the neighborhood and... Excuse me. Mayor Ferre: (COMMENT INAUDIBLE)... J. L. you are talking about a seventy thousand square foot project in which fifty thousand is office space, if you look at the averages of that, you know, that report that I just gave whoever it is... Mr. Rodriguez: We haven't reviewed it, sir. Mayor Ferre: You know, the conclusion of it- from that traffic engineer is almost self-evident. Mr. Plummer: Well, Sergio, let me ask you this question. You have heard that the applicants have suggested through their studies that traffic signals or directional signs could make it a left turn only. Well, yes, I have some serious question about that. All right. Was any thought given or was it discussed at the lower level about closing that street off at Darwin? Mr. Rodriguez: No, sir. Mr. Plummer: Would in your estimation that be a viable consideration? That in fact absolutely would stop the traffic into the neighborhood. Well, I'm... Mr. Rodriguez: You are saying closing the traffic from k: - Darwin to Tigertail? Mr. Plummer. I m saying that at Darwin ' ' Y 6 you just close off ` the street. Mr. Rodriguez: At Tigertail? Mr. Plummer: No, sir at Lincoln. t. Mr. Rodriguez: Let me get George Campbell from Public Works to answer that. 3� Mr. Plummer: You could still get from Lincoln to Tigertail with no problem. Mr. George Campbell: That's correct you would be able to _-. get from Lincoln to Tigertail. Mr. Plummer: Right. Mr. Campbell: To get to 27th Avenue you would have to use �i Blaine Street to Trapp Avenue. �t Mr. Plummer: You would either use Blaine or Tigertail. Mr. Campbell: You could come down Darwin there to Tigertail and then back up 27th Avenue. It would be circuitous but that could be done. �- Mr. Plummer: That's correct. °# �a Mr. Campbell: We have not been approached by anybody with a suggestion or a request or any kind of question about "r -__ closing an of the streets in here. B Y I hesitate to convert a portion of the public right -of -right to a private driveway or a commercial development. Now, I don't know what the 81 130 April 18, 1985 OOS AN reaction would be of the Fire and the Police Department. That has not been explored. That might or might not cause them a problem. There is very little difference I would say in response time by doing that so that it wouldn't be that great a problem. And one thing is that we have... I have never seen the traffic study before tonight. Mr. Plummer: I understand that, neither have 1. Mr. Campbell: And have not had a chance to review it and evaluate the conclusion. Mr. Plummer: Thank you. Mayor Ferre: Any other questions? All right. Comments. Well, I have made mine. Anybody want to make a motion then, one way or the other. Mr. Carollo: Mr. Mayor, I am ready to make a motion. Mayor Ferre: Yes, sir. Mr. Carollo: I think that the figures that we are talking here is really nothing compared to some of the other developments that we have been seeing in the general area. You are talking about fifty thousand square feet of office space, twenty thousand of apartments that's minimum in my estimation compared to some of the other projects that are going up in the general area. I think that's going to be healthy. It's going to be very stimulating for the gateway to Coconut Grove. I have no problems in making a motion in favor of this Mr. Mayor. z' Mr. Perez: I don't have an problem, Mayor, Y P r Y , to second this motion. I think that as the attorney mentioned here, I think that we have to try to find another alternative for the Coconut Grove way and I think that 27th Avenue is an area that deserve special attention. I don't have any doubt to second this motion especially in the first reading. May r be if we have something to modify, I think that we have the opportunity next month. Mayor Ferre: Discussion on the motion? Mr. Plummer: Mr. Mayor, under discussion. I am going to vote favorably with the motion, but I want to tell everyone ;- concerned, especially, the department after you have had time to go through the study that you better come back in some way shape or form with a recommendation as far as the traffic in the neighborhoods. That is my area of concern and you will have to resolve that before the second vote. ^ry _ gl 131 April 18, 1985 Mayor Ferre: All night, further discussion, ordinance. Call the roll on 6, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 95009 THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3151-3199 SOUTHWEST 27TH AVENUE, 2660 LINCOLN AVENUE AND 2699 TIGERTAIL AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 215 GENERAL RESIDENTIAL (WITH SPI-3 OVERLAY) TO RG-2I6 GENERAL RESIDENTIAL (WITHOUT SPI-3 OVERLAY) MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 45 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 39 SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. read the Was introduced by Commissioner Carollo and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J, L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public ' record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: I want to just make a short statement into the record. Jack, I was wrong. I said three years is two and a -`' half ears. I think you better et on with the stud now or Y Y g Y in another year you won't have to make a study. The study is just going to make itself, I would suggest that you accelerate the process to three months rather than six and I think you have to take into account the changing the s character of Northwest 27th Avenue. This I think will induce the quicker acceleration of the six laning of that road. When is that scheduled to be six laned? Mr. Campbell: 1990. Mayor Ferre: Well, I would strongly advise... I would advise that we go on record with the way this thing is going s,. and the repetity of the change that they better accelerate the change of Northwest 27th Avenue and we better.., I would like to make a motion now in favor of officially requesting 4. Metropolitan Dade County to accelerate the reconstruction of Northwest 27th Avenue as quickly as possible and I so move. Mr. Plummer: There is a motion made and seconded. Is there any discussion? Hearing none call the roll. The following motion was introduced by Commissioner 1 6 :i Ferre, who moved its adoption: k}c gl 132 April 18, 1985 ON MOTION NO. 85-459 A MOTION OF THE CITY OF MIAMI COMMISSION OFFICIALLY GOING ON RECORD REQUESTING METROPOLITAN DADE COUNTY TO USE ITS BEST EFFORTS TO ACCELERATE THE RECONSTRUCTION OF S.W. 27TH AVENUE. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. Mayor Ferre: We have Item 7 before us. Ms. Dougherty: Mr. Mayor before you go on to Item 7, would you entertain a motion to waive the time limits in between the rezonings as required by 3114.5 of the Zoning Code? Mayor Ferre: Yes. Is there such a motion? Mr. Carollo: Move. ." Mayor Ferre: Is there a second? Mr. Perez: Second. f� Ms. Dougherty: The findings of fact are to facilitate development of the City in the context of the adopted comprehensive plan. Mayor Ferre: Further discussion, call the roll. The following motion was introduced by Commissioner Carollo, who moved its adoption: "- MOTION NO. 85-460 A MOTION OF THE CITY COMMISSION TO WAIVE .." THE TIME LIMITATIONS IN BETWEEN RE- ZONING, AS REQUIRED BY SEC. 3114.5 OF THE ZONING CODE, IN ORDER TO FACILITATE 1 DEVELOPMENT OF THE CITY IN THE CONTEXT r. OF THE ADOPTED COMPREHENSIVE PLAN. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. r ABSENT: None. . , Mr. Campbell: Mr. Mayor, if I may, that 27th will not be #° six lanes, that would be four lanes maximum and the right- of-way is, if I may correct the Senator, is a hundred feet, not a hundred ten feet. � sl t Z�r•.r gl 133 April 18, 1985 Mayor Ferree All right, now, there is one thing that I want to put into the record so that we take into account on second reading. It is my intention in voting for this and I would assume that it is of every member that this does not in and of and by itself set precedent, because there are special conditions to the configuration of this property, its location on Tigertail and 27th which are very special and germane to this. It is also my understanding Senator, that it is the intention of you and your clients... property owners and developers, I mean, that you are not going to take full advantage of the RG-2/6 classification. The reason why you can't live with 5 is because you need a little extra, but that in the planed unit development approach... Mr. Rodriguez, where did you go? Yes, Sergio. That there are a lot of negotiations that I expect for you to go into to tighten up both the aesthetics and the design. The amenities. The size of the apartments which in my opinion are much too small. Now, that's just one person's opinion. ------------------------- ----------------- ------------------ 35. FIRST READING ORDINANCE: PUBLIC BEARING CHANGE ZONING CLASSIFICATION 3151-3199 S.Y. 27 AYE., 2660 LINCOLN AYE., 2699 TIGERTAIL FROM RG-2/6 TO PD-MU. ----------- - --------- -- -------------- -----r------------ ------ Mayor Ferre: Ok. Are we ready on 7 now. Is there anybody that wishes to speak on Item 7? Go ahead Mr. McMasters. Mr. Jim McMaster: My name is Jim McMaster. I live a 2940 Southwest 30th Court. This is just a formality. I would like to read into the record that Joanne Holshouser, the President of the Coconut Grove Civic Club was out of town and wanted me to put on the record that the Coconut Grove Civic Club which represents several hundred members is opposed to the petition and possibly you could suggest to Mr. Meyers and the Planning Department they could throw a few more apartments in here and reduce the office square footage a little bit. Another ten per cent square footage for apartments. Thank you. Mayor Ferre: I subscribe to hopefully, improvement of the apartment aspects of it. All right. Is there a motion? Does anybody wish to move 7? Mr. Carollo: I move. Mayor Ferre: Carollo moves, Perez seconds, further discussion, read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3151-3199 SOUTHWEST 27TH AVENUE, 2660 LINCOLN AVENUE AND 2699 TIGERTAIL AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 2/6 GENERAL RESIDENTIAL PD-MU PLANNED DEVELOPMENT MIXED USE; SUBJECT TO THE APPLICANT OBTAINING NECESSARY VARIANCES; MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 45 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 3009 THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Carollo and seconded by Commissioner Perez and was passed on its first reading by title by the following vote - AYES: Commissioner Demetrio Perez, Jr. Commissioner Miller J. Dawkins Commissioner J% L. Plummer, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ------------------------------------ --------- --------------- 36. DISCUSSION ITEM; REQUEST FOR FUNDING BY GROUP POTTING ON A PLAY AT COCONUT GROVE PLAYHOUSE. - TICKET PURCHASE FOR UNDER PRIVILEGED CHILDREN CITY MANAGER SAYS NO FUNDS ARE AVAILABLE. ----------------------------- --------------------------- ---- Mayor Ferre: All right, is there anything else to come up before this Commission? Mr. Pereira: Mr. Mayor. Mayor Ferre: Yes. Mr. Barry Koto:in charge of marketing the Coconut Grove Playhouse. We are coming back to you again to ask reconsideration for tickets to the amount of ten thousand dollars. Mayor Ferre: Is there a motion that we reconsider that? Mr. Pereira: Mr. Mayor, this request as well as the Trinidad, Tobago organizes a special funding request. You know, staff had an opportunity to review them and there are no funds available in the contingency funds allocated for the special events within the Park Department and I just wanted you to be aware of that. gl 135 April 18, 1985 eos (COMMENTS INAUDIBLE) Mr. Pereira: There are no funds available in the contingency funds allocated in the Parks Department for the funding of special events and this is... there were two items... there were several items in the last Commission meeting and we received information on this too and this is what your administration is reporting to you both on the Coconut Grove Playhouse and the fee waiver for Gusman Hall for Trinidad, Tobago. Mr. Plummer: Sir, there is no funds in the bucket. Mr. Koto: None, at all sir? Mayor Ferre: Well, what happened to you at Dade County? Were you able to get anything out of them? Mr. Koto: We are getting a grant, but not specifically for this this thing. What we wanted to use the tickets, it's for under privileged students and people within the City of Miami to see a specifically Black play for which we are getting a lot requests for tickets and with our deficit we just can't afford it. Our average ticket price is fourteen dollars. Mr. Plummer suggested that we give tickets a minimum of two thousand five hundred at a ticket value of four dollars. Mayor Ferre: There is no money in the Parks Department or Recreation? Mr. Pereira: For this particular type of activities we have... the information we have is that we had spent the money that was allocated in the budget for to fund this type of special request that have to do with, you know, with recreational type of activities. Mr. Dawkins: But Mr. Manager, since you put it that technical. We do pull money out of other areas to do things with that's not in this special fund. Right, sir? I would like to give it to them out of another category please, sir. Mr. Plummer: Second the motion. '§' Mr. Dawkins: No, I will go along with the Manager's recommendation. I won't push you. Go ahead. You say we have no money, right? Mr. Pereira: We have no money for that type of activity. ;;- Mr. Plummer: Withdraw the second. There is no motion to second. We tried. '. Mr. Koto: Thank you. . ------------------------------------------------------ ------ +'' 37. DISCUSSION ITEM: W.A.S.A. (WATER g SEWER) LITIGATION C.O.T.A.L. CONVENTION-RUSSIA MAY SEND OBSERVER C.O.T.A.L. CONVENTION-NICARAGUA WILL SEND NO OBSERVER. Of Mayor Ferre: Also have... you know what happened with W.A.S.A., don't you Plummer, your baby. W.A.S.A. Water and - h Sewer Board. Mr. Plummer: (COMMENT INAUDIBLE). gl 136 April 18, 1985 Mayor Ferre: Well, we basically, technically won. Do we need to do anything Lucia. Is there anything you want to report to us on this? Ms. Dougherty: Mr. Mayor, it was just advisory. As you recall we sued Metropolitan Dade County because they took over the W.A.S.A. for a contractual... breech of contract requesting four hundred million dollars. The trial court entered the summary judgment in favor of Dade County saying that it was all right for them to take over W.A.S.A. The appellant court refused to affirm the trial court and simply dismissed the action. So, we are back before the trial court to try the contract action. Mayor Ferre: All right, we also need to put on the record Mr. Manager, that I understand in the C.O.T.A.L.... Why don't you explain what it is we... Mr. Pereira: When we made a presentation, you administration made a representation on the record which at the time was true and that was that both Nicaragua and Russia will not be participating in C.O.T.A.L. Since that we have been informed that Russia is sending an observers delegation. Ok. Mr. Carollo: Yes. K.G.B. Right? Mr, Pereira: I wanted the record to reflect that so that there will be no question that your administration made any misrepresentation to the board. Mr. Plummer: What is the recommendation of the administration based on the policy that presently exist with this Commission? Mr. Carollo: Now, that's the Soviet Union. How about `. Nicaragua? Mr. Pereira: My understanding is that the government in Nicaragua is not sending any representation. There might be some private sector people coming, but that has not been verified at this point% Mr. Carollo: Well, why don't we confirm just who is coming to dinner and who is not and then we will go from there. Mr. Pereira: Ok. We will have that for you when we get _ back in May 9the Mayor Ferre: All right, is there anything else to come up µt<, before this Commission at this time? ` Mr. Plummer: Well excuse me. , I think on the record Sergio since you are just recently on board, I think you need to J:- fr- research and fully understand what is the policy of this Commission. There is a policy and I would hope that when you come back after you have done your research to find out .. what is actually happening you will relate that and then ,y have a recommendation ready for us. x Mr. Pereira: I will do that, sir. Mayor Ferre: Is there anything else to come up before this Commission at this time? Is there a motion that we adjourn? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Is there anything else? Mr. Dawkins: I move that we adjourn. Y gl 137 April 18, 1985 Mayor Ferrel There is a Motion for adjournment, seconded by Plummer. Call the roll on adjournment. We stand adjourned. THINE BBINO NO Ft1ATHER BUSINESS TO COME BEFORE THE CITY COMMISSIONf THE MEETING VAS ADJOURNED AT 76037 OrCLOCK P.M. Maurice A. Ferro M A 2 O R ATTEST: ' CITY6CC. LBRKpgie Natty Hirai ' 'y ASSISTANT CITY CLERK +� 10801 ORATE Is 5 T3Y' pit :. ter. gl 138 April 18, 1985 �:a.x.• ertyx� � �. _ _....._1J.L S='v._., ._�,a�i:... _.�' �Yw' t `y` .,k� ' f` �„yj, c ..". CITE/ OF JW40AMI DOCUMENT MRSTINIS OATH APRIL 18, 1985 IN D-E' X ITEM N0� DOC"8T IDENTIFICATION ' COMMISSION RETRIEVAL ACTION AND mW Me. AUTHORIZE TO EXECUTE CONTRACT/LEASE AGREEMENT 85-435 WITH UNITED STATES OF AMERICA-PUBLIC PARK CONVEYANCE OF WARRANTY DEED UPLAND AND SUB- MERGE LAND (BAYFRONT PARK. BAYWALK PROJECT). APPROVED DONATION OF 2 CONFISCATED BOYS' 85-436 BICYCLES AND 2 CONFISCATED GIRLS' BICYCLES TO METROPOLITAN DADE COUNTY FOR NEIGHBORHOOD CENTERS ACTIVITY PROGRAMS. ALLOCATE $600. IN SUPPORT OF PUBLIC FAIR 85-439 CONDUCTED BY CUBAN MUNICIPALITIES IN EXILE (APRIL 25 - 28, 1985); ETC... REQUEST FLORIDA LEGISLATURE TO AMEND CHAPTER 85-440 159 OF FLORIDA STATUTES PROVIDE FOR CONCUR- RENCE OF MUNICIPALITIES IN RELOCATION OF BUSINESSES USING COUNTY ISSUED INDUSTRIAL DEVELOPMENT BONDS. EXPRESS THE POSITION OF CITY COMMISSION 85-442 IN SUPPORT OF FREEDOM FIGHTERS OF NICARAGUA. AUTHORIZE CITY MANAGEWCITY ATTORNEY TO AMEND 85-443 AGREEMENTS WITH THREE NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS TO WAIVE REQUIRE- MENT TO GENERATE THE AMOUNT OF $12,250. REQUIRED BY ARTICLE III SECTION 3.2 OF CONT- TRACT (APRIL 30, 1985). i AUTHORIZE CITY MANAGER/CITY ATTORNEY TO 85-444 EXECUTE AN AGREEMENT WITH MIAMI DESIGN PLAZA MERCHANTS ASSOCIATION. ALLOCATE $80,000; FORMALIZING MOTION 85-281, 85-348. AUTHORIZE CITY MANAGER TO ENTER INTO AGREE- 85-445 WITH LOURDES SLAYZK FOR PROFESSIONAL SERVICES DOWNTOWN DEVELOPMENT PLAN DRI PROJECT. AUTHORIZE CITY MANAGER TO ENTER INTO AGREE- 85-446 MENT WITH ZELKA BILBIJA - PROFESSIONAL PLAN- NING SERVICES IN CONNECTION WITH DOWNTOWN DEVELOPMENT PLAN - DRI PROJECT. , DOCUWIENT1"NDEX CONTINUED I��ttl�L NT Ib AtTlilCAfitON 1 "i�YtnW "� awn PhTirr Nfl- AUTHORIZE CITY MANAGER TO ENTER INTO AGREE— MENT WITH ANA GELABERT, FOR PROFESSIONAL j PLANNING SERVICES IN CONNECTION WITH DOWNTOWN DEVELOPMENT PLAN — DRI PROJECT. APPROVE/AUTHORIZE THE RETENTION OF LAW FIRM OF MORGAN, LEWIS AND BOCKINS IN THE s: FIELD OF LABOR LAW. AMEND PARAGRAPH 26 OF EXHIBIT "A" RESOLU— TION 81-840 DATED SEPTEMBER 24, 1981. APPROVED THE MIAMI CENTER II DUPONT PLAZA } PROJECT; ETC.... AUTHORIZE CITY MANAGER TO SUBMIT GRANT PROGRAM FINAL STATEMENT HUD. REQUEST FUNDS IN THE AMOUNT OF $14,040,000. FOR CITY'S PROPOSED COMMUNITY DEVELOPMENT PROGRAM DURING 1985 — 86. WAIVE THE REQUIREMENTS FOR SEALED BIDS AND ACCEPT THE BID OF CUYAHOGA WRECKING CORP. ($165,000) FOR BAYFRONT AUDITORIUM DEMOLITION. 85-447 85-450 85-451 85-4 57 85-458